TAL shall take all reasonable steps to protect the personal information of users in terms of the Promotion of Access to Information Act 2 of 2000 (PAIA).
TAL may electronically collect, store and use the following personal information of users: name and surname; title; contact numbers; non-personal browsing habits and click patterns; e-mail address; and/or IP address.
TAL collects, stores and uses the above mentioned information for the following purposes: Communicate requested information to the user; Provide services to the user as requested by the user; and/or Compile non-personal statistical information about browsing habits, click patterns, and access to the website.
Information detailed above is collected either electronically by using cookies or is provided voluntarily by the user. Users may determine cookie use independently through their browser settings.
TAL may collect, maintain, save, compile, share, disclose and sell any information collected from users, subject to the following provisions: TAL shall not disclose personal information from users unless the user consents thereto; TAL may compile, use and share any information that does not relate to any specific individual. TAL owns and retains all rights to non-personal statistical information collected and compiled by TAL.
Unless otherwise agreed to in writing, all goods purchased in terms of an order shall be subject to the terms and conditions of TAL, JOHNSON TILES or TILE AFRICA, which are divisions of NORCROS SA (PTY) LIMITED of Porcelain Road, Olifantsfontein, Midrand, Tel. (011) 206-9700, as set out herein. The Seller shall be deemed to have accepted the said terms and conditions, which terms and conditions shall override any provision to the contrary. Unless otherwise agreed to in writing, no conditions of the Seller provided for in any invoice, delivery note or other document shall be binding on the Purchaser.
1.1 Orders may be placed either in writing or electronically. If in writing, such order shall only be binding on the Purchaser if it is on the Purchaser’s official Order Form and has been signed by a fully authorised person.
1.2 The Seller must fully acquaint itself with the provisions of an order form and the Purchaser shall be entitled to reject any goods which do not comply with the stated provisions. If the Seller is unable to determine the precise nature and extent of the order from the stated order form, with specific reference to the type, quantity, quality and price of goods, it must within 7 days of receipt of the order request further particulars in writing.
1.3 In the event of services being rendered in terms of an order, the Contractor shall be bound by the Purchaser’s ‘Contractor Management Policy’ (which is available on request) and the conditions of the order shall apply mutatis mutandis.
2. EXECUTION OF AGREEMENT
2.1 Transfer of Ownership
Ownership in the goods shall pass to the Purchaser upon delivery at its premises or any other premises, which it may stipulate in writing. Such a delivery shall not be accepted by the Purchaser unless the quantity, quality or standard of the goods is acceptable to the Purchaser. A delivery note which is not signed by a duly authorised official of the Purchaser shall not be binding on the Purchaser. In the event of a dispute about the authority of the signatory of the related order, the onus of proof rests with the Seller to prove that the signatory was duly authorised.
In the case of imported goods, the Incoterms® 2010 as defined by the International Chamber of Commerce (“ICC”), applicable to the purchase as provided for on the face of the purchase order, will apply.
2.2 Period of Delivery
Unless otherwise agreed to in writing, or unless otherwise indicated on the order form, the Seller shall be obliged to deliver the goods within 30 days of the date of the order at the place as agreed. Failure to deliver the goods timeously may lead to summary cancellation of the order by the Purchaser.
2.3 Defects in Goods
The Purchaser shall, without any prejudice to any legal remedy at its disposal and notwithstanding any other provision to the contrary, be entitled, within a reasonable period after receipt of the goods, to reject them, if in the opinion of the Purchaser they appear to be faulty or defective in any respect or if they differ in any respect from the particulars on the order form. The Purchaser in its sole discretion may demand that the goods be repaired or replaced or that the Seller take back the goods and repay all monies already paid in respect thereof.
2.4 Intellectual Property Rights
If intellectual property rights of a third party are affected during the execution of our order, and unless otherwise agreed to, the Supplier shall procure the necessary licenses at his own expense. In the event that the supplier shall make an invention in the course of the execution of the order, we shall have the right to make unrestricted and cost-free use of such an invention.
3.1 No adjustment shall be made to the prices in the order.
3.2 A price escalation clause shall only be valid if the Purchaser confirms it in the order (and prior notice was given in accordance to the agreed pricing notification period).
3.3 A valid invoice for these purchases must reach the Purchaser within a reasonable time to ensure settlement in terms of the agreement.
3.4 Unless otherwise stated in the order, prices shall include delivery to the address as indicated on the order.
The Seller shall on demand pay all expenses actually incurred by the Purchaser as a result of the Seller’s non-compliance with any of the provisions of an order including, but not necessarily limited to, tracing costs, all legal costs calculated on the scale as between attorney and own client on the widest basis, collection commission, cost of valuation, dismantling, removal and storage of the goods and all other expenses incurred by the Purchaser.
5. CHILD AND FORCED LABOUR
The Seller warrants that it complies with all laws and regulations applicable to the prohibition of child and forced labour.