TERMS AND CONDITIONS OF SALE
1. Kaap Agri (Namibia) gives no warranty, guarantee and/or undertaking of any nature regarding the goods sold. Kaap Agri (Namibia) shall not be liable for any damage of any nature whatsoever (including consequential damage) suffered by the purchaser because of any patent or latent defect of any nature in the goods.
2. If goods are returned by the Purchaser within 7 days of the date of purchase due to a product failure or defect not caused by the Purchaser or not arising after the sale, Kaap Agri (Namibia) will, in discretion, repair or replace the goods. Goods must be returned by customer within 7 days of the date of purchase and will only be taken back provided they are in the same
condition as when sold, in their original packaging and accompanied by proof of purchase. (Returns of goods ordered by Kaap Agri (Namibia) at the Purchaser's request shall be subject to a handling fee based on the purchase price therefore.)
3. These terms and conditions of sale are in addition to any credit agreement entered, in Kaap
Agri (Namibia)'s discretion, between Kaap Agri (Namibia) and Purchaser, which permits purchase of goods on credit. All sales shall be on a cash basis unless the purchaser is permitted by Kaap Agri (Namibia) to purchase the goods on credit. Goods shall remain the property of Kaap Agri (Namibia) until full payment therefor has been received.
4. All displayed prices are subject to change and goods will be sold at the purchase price applying on the date of purchase. The costs of delivery of the goods are not included in the purchase prices for tie goods unless otherwise agreed and shall be the responsibility of the purchaser.
5. Kaap Agri (Namibia) shall not be responsible for any loss in weight or volume of any goods which arises for any reason after the packaging thereof.
6. Failure or delay on the part of Kaap Agri (Namibia) in exercising any of its rights hereunder will not constitute a waiver thereof, nor will it preclude any other or further exercise of the right
7. The customer agrees that the Magistrate's court shall have jurisdiction regarding any legal action which may arise from the sale of the goods. Notwithstanding the above, Kaap Agri (Namibia) will be entitled to institute action in any competent court which has jurisdiction.
8. Kaap Agri (Namibia) shall not be liable for any damage of whatsoever nature (including consequential damage) occasioned by any faulty or incomplete repair or by any delay in connection therewith or which may be caused to the property of members while under the
control of Kaap Agri (Namibia). Kaap Agri (Namibia) however undertakes to repair any faulty repair work itself at its own expense provided notice is given to Kaap Agri (Namibia) of such faulty repair work within 7 days after the repair work was completed.