Conditions of sale

1. Payment in respect of the goods shall fall due 30 days from date of statement.

2. In the event of any delay in payment, the Purchaser shall pay to Max T Solutions a late payment charge of 2% per month or part thereof, or alternatively at the maximum rate of interest permissible by law, calculated from the date of due payment to the date of actual payment.

3. All goods delivered by Max T Solutions in terms of the invoice shall remain the absolute property of Max T Solutions until such time as payment of all amounts due by the Purchaser to Max T Solutions has been effected in full. Until such time as they are fully paid for the goods shall be deemed to be held by the Purchaser solely on behalf of Max T Solutions and Max T Solutions may at anytime whilst payment is still pending or outstanding remove the goods from the Purchaser.

4. Unless specified to the contrary in the invoice, delivery of the goods shall be deemed to have taken effect at the premises of Max T Solutions at which the goods are available for despatch or collection, as the case may be, or where the goods are tendered for delivery.

5. All risk, damaged and loss of whatsoever nature to the goods shall pass to the Purchaser upon delivery.

6. All payments shall be made to Max T Solutions at the address reflected in the invoice or statement, as the case may be, alternatively at such address as Max T Solutions may nominate in writing.

7. Unless the Purchaser is able to prove clearly and unambiguously that delivery of the goods had not been made or tendered under the invoice, on no account whatsoever shall the Purchaser be entitled to withhold any payments due by the Purchaser to Max T Solutions under the invoice or statement relating thereto, nor shall the Purchaser be entitled to make any deductions or withhold any portion of payment due from the amounts otherwise payable in terms of the invoice or statement.

8. All new tyres are subject to the relevant manufacturer’s warranties as may be applicable from time to time.

9.1. Max T Solutions undertakes that all tyres will be retreaded in accordance with the highest standard of care normally employed in its retreading process. Should any retreaded tyre be defective, Max T Solutions undertakes to replace the defective tyre with another retreaded tyre provided that the Purchaser shall pay a pro-rata portion of the total purchase price of the substituted retreaded tyre if the defective tyre has been used before the defect manifests itself. The portion of the purchase price payable by the Purchaser shall be an amount in proportion to the total purchase price that equals the proportion between the period of use of the retreaded tyre and the average life expectancy of a retreaded tyre.

9.2. Max T Solutions’ liability for defective tyres is limited to the replacement of such a tyre. In particular, the following liability of Max T Solutions is excluded.

9.2.1. Delictual liability for any consequential damages arising from any negligent act in the retreading process of Max T Solutions, any employee of Max T Solutions or any person for whom Max T Solutions may be liable at law; and

9.2.2. Any contractual and aedilitian liability that may arise from the sale and use of defective tyres.