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Terms and conditions for wholesale orders

By placing a wholesale order with Kaross, the client agrees to be bound by the terms and conditions set out hereunder.

Prices

Wholesale product prices are displayed in South African Rand (Rand). Clients who elect to be invoiced in any currency other than Rand, accept that Kaross may make provision for currency fluctuations in the Rand to the extent that the exchange rate used will include a margin relative to the ruling exchange rate at the time prices are provided and/or the order is placed.

Kaross shall take all reasonable efforts to maintain correct prices. However, should errors occur and products are listed at incorrect prices, Kaross will not be obliged to sell goods at such incorrect prices and shall only be liable to refund any monies paid.

Value Added Tax

Value added tax (VAT) at the applicable rate in terms of the Value Added Tax Act 89 of 1991 of 14% shall be charged on goods shipped to a South African address. VAT is not payable on orders if the shipping address is outside the borders of the Republic of South Africa ("RSA"), provided that a proof of shipment can be obtained in all instances.

Lead times

Please enquire as to lead times when placing an order. The product with the longest lead time will determine the date of shipment, unless otherwise agreed to between the client and Kaross. Any "part" shipment requirements must be discussed with Kaross when the order is placed. 

Shipping

All shipments will be via courier and costs will be for the client's account. Kaross will calculate these costs where applicable.

Clients should inform Kaross if urgent shipments are required, but should bear in mind that urgent shipments may be prohibitively expensive. Furthermore, Kaross would require the client to pay any additional charges related to urgent shipments and provide written proof thereof to its satisfaction prior to such shipments being released to the courier company.

Insurance

Kaross, through its courier agent's insurers, provides the client with the option of purchasing insurance on an order. This insurance only covers the period during which goods are being handled by Kaross's courier agents. This insurance does not provide cover in the event that the client elects to use its own courier agent for all or part of the shipment. Clients are encouraged to obtain their own insurance in this instance.

International clients should note that Kaross is not able to provide insurance in all instances and clients should enter into correspondence with Kaross in advance of an order being placed, where insurance may be required.

Neither Kaross nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature, arising from the failure of the client to take out comprehensive insurance on goods purchased for the whole period during which the goods are in transit. If the client elects to purchase the insurance provided through Kaross's agents, it is the responsibility of the client to ensure that the insurance covers the client's requirements.

Any insurance effected by Kaross on behalf of its clients shall be subject to such exceptions and conditions as may be imposed by the insurance company or underwriters taking the risk. Kaross shall not be under any obligation to obtain separate cover for any risks so excluded. Should any insurer dispute its liability, whether in whole or part, under any insurance policy in respect of any goods, the client shall have recourse against such insurer only, and Kaross shall not have any responsibility or liability whatsoever in relation thereto.

For all items insured through Kaross's agents, it is important to note that if a clean proof of delivery is obtained from the receiver, this will then be considered as prima facie evidence that the shipment was delivered in good order. In the event that the shipment is damaged / tampered with and/or there is evidence that contents are missing, the receiver is required to endorse the delivery documentation immediately, in the presence of the courier representative or the claim may be rejected.

In the event of a claim for loss or damage for items insured through Kaross's agents, the client should notify Kaross of this immediately and should ensure that all documentation and original packaging are kept until the claim has been resolved.

Payments

Payment is required in full prior to shipment of an order. Bank details will be provided on the invoice. No items shall be released for shipment until full and final settlement of the invoice in respect of such items, unless otherwise arranged in advance. Kaross shall notify the client when payment is required and shall require written proof (via email or fax) of such payment prior to a shipment being released.

Kaross does not require deposits, except where customisations or special orders are required. In such instances payment terms will be negotiated with the client when the order is placed.

Returns & refunds

We will do our utmost to supply the correct products but if for any reason we supply the wrong products, i.e. where the items supplied evidently do not correspond with the items on the order, we will enter into correspondence with the client to best rectify the error. Kaross's liability in this instance will be limited to replacing the incorrect items or refunding any monies paid, but only upon receipt of the returned products.

Kaross also retains the right at all times to decline and cancel an order, even if payment for the order was made. Kaross's liability in this instance will be limited to refunding the amount paid by the client for the order.

Authorisation must be received from Kaross before any products may be returned. Due to products being of a handmade nature, the definition of a wrong product does not extend to variations in design, colour or any other attribute of the product originally ordered, unless the order explicitly states that specific designs or attributes of the product are required.

Kaross does not accept returns or provide refunds if products are damaged in any way during shipment, due to handling, delays in delivery or any other such events. It is the responsibility of the client to ensure that shipments are comprehensively insured against such events. See in this regard the Insurance section above.

Governing Law

The South African law and the jurisdiction of the South African courts shall govern any actions in terms of an order.

 

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