1. The “Company” refers to Apex Superior Quality Parts (Pty) Ltd, with Company Registration Number 2018/555384/07.
2. The “Customer” refers to the Applicant relevant to this application form.
3. The “Goods” means the goods described on any Company forms, price list, quotations, delivery notes, orders, or invoices.

1. The Company may open a trade account for you only once it has carried out the necessary credit checks.
2. If you have not complied with your obligations as set out in these terms and conditions, we may close your account.
3. In order to protect you from incurring excess debt, a monetary limit has been set on the credit facilities. You may apply to us in writing to have this limit increased or decreased.
4. The Customer hereby consents to the Company:
   1. Performing a credit search on the Customer’s record, as well as the record of its directors and/or its owners, with one or more of the registered Credit Bureaus when assessing the Customer’s Application for Credit (and at any other time in the Company’s discretion).
   2. Recording the existence of the Customer’s account with any Credit Bureau; and/or
   3. Recording and transmitting details of how the Customer has performed, and how the account is conducted by the Customer in meeting its obligations on the account.
5. The granting, continuation, and termination of the credit facilities, if any, shall be within the sole discretion of the Company. The Company furthermore reserves the right to suspend deliveries, to cancel any undelivered portion _of any order, or to impose such other conditions as security and terms of payment as it deems fit.
6. The credit terms granted in this application apply to all debt owed to the Company by the Customer.
7. The Company reserves the right to amend or completely withdraw credit facilities due to late payment. Should this occur, the Company will issue a notification in this regard in writing.

1. As a result of operational practicalities, prices quoted by the Company, either telephonically, electronically, or on the Company’s quotation form, are subject to change, and prices ruling at the time of the dispatch shall apply.

1. Payment on credit facilities is to be made 30 (thirty) days from the date of the statement.
2. Where COD terms are in place, goods may not be released by the Company unless payment is reflected in our business bank account.
3. In the event that the Customer’s payment is not accompanied by a remittance, detailing how the payment should be allocated, the Company has the right to allocate the payment at the Company’s discretion.
4. The Customer acknowledges that terms for early payment (settlement discount of 2.5%) may only be taken should payment be made before the due date and there are no outstanding amounts owing on your account.
5. Should you fail to pay your account, in accordance with the agreed terms, your account may be placed on hold until the account is paid.
6. The Customer acknowledges that interest will be charged on overdue accounts at the maximum permissible rates.
7. The Company reserves the right to collect the goods where payment has not been received for 90 (ninety) days or more.

1. The Customer acknowledges that the Company’s month-end is on the last day of each month and that statements are issued within the first 7 (seven) days of the following month. It is your responsibility to print your statements. We will not be liable if you receive statements electronically but are unable to access or print the statements. Electronic Statements will:-
   1. Show all transactions on the Customer’s account
   2. Show the current amount due
   3. Show all payments made and any balance that remains due

1. The placement of an order, telephonically, electronically, or in writing, will constitute an offer to purchase the goods in question. The Company will accept such an offer by written acceptance or confirmation of the order or by delivery of the goods.
2. When you place a special order (goods procured by the Company specifically for you, the Customer) for the particular goods, your right to return these goods may be limited. In addition, the Company may charge you a reasonable amount for administrative costs incurred while administering the special order.
3. You must provide the Company with an order number when placing an order with the Company.

1. You will be entitled to cancel any order made by you on 24-hour notice. Should you cancel on 24 hours notice and the goods have been dispatched for delivery, you will be liable for a 10% handling fee based on the total value of the goods issued.

1. You will have the right to inspect the goods to ensure that they are to your satisfaction. Please examine the goods carefully before accepting delivery.
2. Short deliveries or goods damaged in transit must be reported to the Company within 24 hours of receipt.
3. Any risk in relation to the goods will remain with us until you or any of your representatives have accepted delivery.
4. The Customer acknowledges that the goods remain the property of the Company and will only take ownership of the goods once the full purchase price has been paid.
5. Whilst every effort will be made to deliver the goods on time, we will not be liable for damages for failure to effect delivery for any reason beyond our control, including but not limited to, inability to secure transport, labour, power, materials, equipment or supplies or by reason of an act of God, war, civil disturbance, riot, state emergency, strike, lockout or other labour disputes, fire, flood, drought or legislation.

1. The Customer acknowledges that the Company has an official Customer Returns Policy and Process and hereby agrees to follow the requirements of the policy and process.
2. The Company will only accept goods returns that are compliant with our standard policy and criteria.
   1. Credit issued is based on the original sales unit price.
   2. Goods must be returned unused, in their original condition including original packaging.
   3. Goods returned in boxes or packaging that have been re-marked, damaged, or defaced in any way, including price stickers, shall incur a 10% handling fee for repackaging and restocking.
   4. Stock/ Goods rotation returns

      • Customers are requested to send written notice/confirmation to us via email.

      • A cover order must either equate to or be more than the value of the goods being returned.

      • Rotation within 12 (twelve) months from the date of order.

      • Prior approval to return the goods must be obtained from the Company’s Management.

   5. Any request that does not comply with the policy will not be accepted.
3. Acceptable criteria
   1. Goods must be in original packaging with the Company’s branding.
   2. Goods returned must be unused and in an unopened box.
   3. All approved goods must be returned by 30 (thirty) days from the start date of the RMA book date.
4. Non-returnable/non-exchangeable stock/ goods
   1. Used goods received from the Customer.
   2. Goods not in their original condition – i.e., damaged packaging, damaged components, missing and/or dirty components that are not in a saleable condition.
   3. If the goods inside the packaging are of another brand and does not originate from the Company.
   4. Goods that failed because of incorrect fitment or fitment procedures.
   5. Discontinued goods
   6. If a Customer accepts orders on quoted prices but decides not to keep the goods due to pricing, after receiving them.

1. The Customer shall, under no circumstances, be entitled to deduct any amount from amounts due to the Company as indicated in the Company’s statements, without prior authority of the Company.

1. The law of South Africa applies to these terms and conditions including the supply of goods and services under these terms and conditions.
2. In the event of it being necessary for the Company to instruct its attorneys as a result of any breach of these conditions by the Customer or to recover any amounts owing by the Customer to the Company, the Customer agrees to pay for all legal costs on the attorney and client scale inclusive of collection commission, tracing charges, validation fees, and stamp duties on any form of security the Company may require from the Customer. The Customer also agrees to pay interest on all overdue accounts at the rate allowed in terms of the National Credit Act from the date of the statement.
3. The Customer hereby confirms that the physical trading address and/or the email address given is the domicilium citandi et executandi (the address where notice is to be served) for all purposes under this agreement, whether in respect of court process, notices or other documents or communications of whatever nature.
4. Should the Customer be domiciled outside the Republic of South Africa, this Agreement and all contracts of sale between the Customer and the Company shall be governed and interpreted by the laws of the Republic of South Africa and the South African Courts shall have sole jurisdiction in respect thereof.
5. In the event of any default by the Customer of any provision of this agreement, the Customer hereby consents and authorizes the Company to furnish the name, credit record, and repayment history of the Customer to any credit bureau as a delinquent debtor. It is also agreed that the Company may use any means to verify the information contained in this document.
6. The Customer acknowledges that unless payment arrangements are made, all accounts in arrears of 90 (ninety) days will be handed over for legal collections and listed as a default payer with the credit bureaus in accordance with the National Credit Act.

1. The Customer acknowledges all copyrights, trademarks, and intellectual property and shall not duplicate copyrighted material.
2. The Customer indemnifies the Company and holds it harmless against any claims, costs and expenses arising out of the infringement of copyright, patent, trademark, or design supplied by the Company.

In the case of export sales, the Customer shall maintain in force all the necessary permits.

1. To enable the goods to be exported by the Company to the country of destination and
2. To enable payment to be effected in accordance with these terms and conditions of sale.

1. The Customer shall notify the Company in writing by registered post and email (electronic mail) within 14 (fourteen) days of any changes to any of the information set out in the Application for Credit Facilities.
2. If the Company renders any services to the Customer, these terms and conditions shall also regulate the provision of such services by the Company to the Customer.
3. The Customer hereby agrees to update Company information with the Company annually.
4. The Customer acknowledges that the Company must, due to ISO9001:2015 standards, request feedback on an annual basis from the Customer in the form of a Customer Satisfaction Survey.
5. The Customer acknowledges that the Company has an official Customer Service Policy that refers to the overall Complaints Handling Process.
6. The Company has the discretion to vary or amend these terms and conditions from time to time. This contract represents the entire agreement between us and shall govern all future contractual relationships with us.
7. Prior written approval must be obtained from the Company before you may cede any right or assign any obligations in terms of this agreement.

1. Should the Customer be a limited liability Company or close corporation, the Directors, or Members (as the case may be) agree and undertake to bind themselves as Surety/ies and Co-Principal Debtors in Solidum in respect of all amounts owing by the Customer to Company.
2. In the event of a Surety being married in community of property, the onus will be on the Surety to obtain the consent and signature of his/her spouse to enter into such surety.

1. Book debts in relation to any debtors which you may have may be held by us in security for payment of monies due in terms of this agreement, to the value of the amount owing to us. Failure to pay your account on time will entitle us to claim the debt as payment for outstanding monies owed to us.

1. You authorise us to obtain any information reasonably relevant in our opinion to do your, the Customer's credit assessment, including obtaining information regarding the amounts purchased from suppliers per month. Length of time you have dealt with the supplier, type of goods or services purchased, and manner and time of payment. In doing so, we may request information from the relevant persons including the credit bureaus or businesses.
2. The Customer acknowledges and agrees that any information regarding its creditworthiness, defaults in payment to the Company, and details of its account with the Company may be disclosed to any other creditor of the Customer or any registered Credit Bureau after 21 (twenty-one) days’ notice having been given to the Customer.
3. If there is a change of the legal entity or the name or ownership under which the account and credit facilities are being used, the Customer undertakes to notify the Company in writing within 7 (seven) days from the date when the change takes effect. If any party that acquires the business of the Customer continues to utilize the Customer’s account without the aforesaid written notice having been provided to the Company, the Customer indemnifies the Company against any non-payment by such purchaser.
4. The Customer hereby consents to the storage and use by the credit granter of the personal information that it has provided to the credit granter for establishing its credit rating and the credit granter disclosing such information to credit control companies, banks, and other institutions involved in rating credit. The Customer agrees that the credit granter will not be held liable for the good faith disclosure of any of this information to such third parties and that no further specific consent needs to be obtained for the transfer of such information to a specific third party.