- Terms of Sale
1.1 These terms apply in any contract of supply of goods or services made between us as supplier and you as buyer. Placing an order with us will constitute deemed acceptance by you of these terms.
1.2. We may change these terms without notice to you before we accept your order.
1.3. These terms prevail over any terms put out by you, unless we agree in writing.
1.4. No employees, agent or contractor of ours may vary or add to these terms without the prior written authority of our Managing Director.
- Goods and Services
2.1. Beinco may alter our range of goods or services on offer without notice to the customer.
2.2. Goods we offer ex-inventory are subject to our prior sale to other buyers.
- Orders
3.1. An order you give us is subject to our acceptance and we may decline an order.
3.2. We reserve the right to supply an order in full or only in part.
3.3. Customer may cancel an order within 24 hrs of placing it after which customer may not cancel an order, nor delay delivery,.
- Prices
4.1. We will invoice all orders at our current prices, which may alter without notice to customer.
4,2. All our quotations are valid for 30-days after their issue date. Exemption can only be granted in writing by Beinco.
- Delivery
5.1. Delivery times are estimates only and we do not guarantee a particular delivery date or time.
5.2. Beinco may charge a delivery surcharge which will be outlined in our quotation.
5.3. Beinco may deliver goods by instalment or progress payment, but if we fail to deliver a particular instalment by a date specified for delivery, customer is not entitled to rescind the contract.
5.4. Notice of complaints as to the quantity of goods supplied or the delivery of incorrect goods must be made in writing/email to the Seller within 14 days of the date of delivery at the end of which period any liability of the Seller for delivery of the incorrect quantity or the wrong goods shall cease.
- Force majeure
Beinco reserves the right to defer the date of delivery or to cancel the Contract or reduce the volume of the Goods ordered by the Customer (without liability to the Beinco) if it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of the Supplier including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, provided that, if the event in question continues for a continuous period in excess of 180 (one hundred and eighty) days, the Customer shall be entitled to give notice in writing to the Supplier to terminate the Contract.
- Title and Risk
7.1 All goods remain Beinco`s property until customer pays us the price in full for all goods we have sold him. Until that time the customer is to hold Beinco`s goods as the owner and, if we required, customer is to store the goods in a way that they can be identified as our goods.
7.2 It is the customers responsibility to provide all information necessary to enable performance of the order and the Customer shall be responsible for any costs arising directly or indirectly from any error or omission in that information or delay in providing that information.
- Installation
8.1 If specified, or in the relevant quotation, or the Supplier’s standard documentation for the Goods that Beinco is to install the Goods then, as soon as reasonably possible after their delivery, Beinco shall install them at the Delivery Address.
8.2 The Customer shall give full access to the Delivery Address to Beinco for the purpose of installing the Goods, shall undertake any preparatory work specified by the Beinco, in the relevant quotation or in the Supplier’s standard documentation and shall compensate the Beinco for any additional costs which the Beinco incurs by reason of the Customer’s failure properly to undertake any such preparatory work. Beinco shall procure that its employees who install the Goods comply with all reasonable health and safety, security and other regulations which are in force or apply at the Delivery Address and the Customer shall indemnify and hold the Beinco harmless against any loss, damage, cost and/or expense which Beinco may suffer or incur as a result of any injury to its employees or damage to or loss of its property whilst at the Delivery Address resulting from anything other than the negligence of Beinco or its employees or any noncompliance by the Goods with the warranty.
- Payment
10.1 The Customer agrees that the amount contained in the invoice issued by Beinco shall be due and payable unconditionally
(i) by way of cash or EFT.
(ii) if the Customer has been granted an extended payment term in terms of clause 11, within the period specified, and approved in writing by Beinco, in terms of the application of extended payment terms by the Customer.
10.2 All amounts due and payable will be paid by the Customer in full without deduction or set-off unless we agree in writing.
10.3 All discounts shall be forfeited if payment in full is not made on the due date.
10.4 In addition, if payment is overdue we may cancel or suspend delivery of other goods or services yet to be delivered to you.
10.5 The Customer agrees that the amount due and payable to Beinco may be determined and proven by a certificate issued and signed by any director or manager of Beinco whose authority need not be proven, or by any independent auditor appointed by Beinco. Such certificate shall be binding and shall be prima facie proof of the nature and the amount of the indebtedness of the Customer.
10.6 Any printout of computer evidence tendered by either Party shall be admissible evidence and neither Party shall object to the admissibility of such evidence.
- Extended Payment Terms
11.1 The Customer may be awarded an extended payment term in terms of which the Customer is entitled to make payment, as set out in clause 10
11.2 Beinco may, in its sole discretion, award the Customer an extended payment term and may, at any time and within its sole discretion, withdraw this payment facility.
11.3 The Customer hereby agrees that this payment facility is a variable facility and that Beinco shall be entitled to increase its limit from time to time, by providing the Customer with a written notice thereof.
If you have any questions or comments about our website please email fitness@beincokoach.com , or phone 3163404.
