Distributor Terms and Conditions
Nalane Group (PTY) LTD
Nalane Afro Representative Application – Terms and Conditions
The Applicant and the Company (“Nalane Group (PTY) LTD) mutually agree:
Part A
The Applicant and the Company (“Nalane Group (PTY) LTD) mutually agree:
1. The Company (“Nalane Group (PTY) LTD) appoints the Applicant as a sales representative for Nalane Natural Hair Care Range (also known as Nalane ea Afika Hair Care Range) products.
2. That nothing contained in this agreement shall constitute the Applicant an employee, agent or partner of the Company, nor as having, express or implied, any authority to assume or create any obligation or liability on behalf of or in the name of the Company.
3. That this agreement shall continue until terminated and may be terminated by both parties at any time.
4. That the Applicant shall receive a trade discount (tabled below) on Nalane Natural Hair Care Range products at a the recommended retail prices set by the Company inclusive of VAT
Sales of Products | Discount (%) | Maximum Saving |
R1000 – R2000 | 10% | R200 |
R2000 – R4000 | 15% | R400 |
R4000+ | 20% | R400+ |
5. Products will only be delivered to the Applicant once payment is received and no credit will be assigned to the Applicant by the company.
6. That the Company reserves the right to vary trading terms without prior notice.
7. That the Company may levy a reasonable administration fee where additional costs are incurred by the Company directly as a result of payments being withheld.
8. That the Applicant shall use his or her best effort to enhance the image of the Company and the products on the Company.
Part B
General Terms and Conditions
In the application set out in this document, these general terms and conditions shall apply:
1. The following words and expressions shall bear the following meanings:
1.1. “the Applicant” means the Representative or “Nalane Afro Rep”, as reflected on the front page of this application;
1.2. “the Company” means Nalane Group (PTY) LTD, registration number 2014/268277/07;
1.3. Unless the context clearly indicates a contrary intention, an expression which denotes any genders, a natural person includes and artificial person and vice versa and the singular includes the plural and vice versa.
2. No agent or employee of the Company has the Company’s authority to alter or vary these conditions either by an oral or a written understanding or promise given before or
after receipt of these conditions and no alterations, amendment, variation or consensual cancellation of these conditions shall be of any force and effect unless reduced to writing and signed by the Applicant and a director of the Company.
3. The Applicant acknowledges the following:
3.1.1. The Company does not authorise the use of the postal facilities for any payment/s to be made to it in terms hereof and all documents and other matter including cash, cheques, bank drafts and other remittances sent to the Company through the post shall be deemed not to have been received by the Company unless and until they are actually delivered by the postal authorities and all risk in and to such documents and other matter shall be at the risk of the Applicant until actually delivered to the Company;
3.1.2. Payments made directly into the Company’s bank account shall be at the
Applicant’s risk until confirmed as cleared funds by the Company’s bankers;
3.1.3. Unless otherwise specifically directed by the financial manager or a director of the Company in writing from time to time, no third party is authorised to accept any payment due by the Applicant for or on behalf of the Company.
Part C
Delivery of Products:
1. Ownership of all goods supplied to the Applicant (and notwithstanding the delivery thereof) will only pass to the Applicant against payment of the whole of the purchase price thereof, pending which ownership therein shall vest exclusively in the Company.
2. Goods ordered/supplied shall be at the Applicant’s risk as soon as it/they is/are delivered to the Applicant.
3. Unless otherwise agreed in writing, delivery of the Goods shall take place at the address specified by the Applicant on, or as close as possible to the date required. The Applicant shall make all arrangements necessary to take delivery of the products whenever they are tendered for delivery.
4. If the Company is unable to deliver the products because of actions or circumstances under the control of the Applicant, then the Company shall be entitled to place the products in storage until such times as delivery may be effected and the Applicant shall be liable for any expense associated with such storage.
5. Any damages, shortages, over deliveries and duplicated orders should be reported to the Company within 14 days of signed receipt to enable replacement or refund.
6. Risk in the products shall pass to the Applicant upon receipt of the goods. Where the Applicant chooses to collect the products, risk will pass when the products are entrusted to it or set aside for its collection, whichever happens first.
7. The company is not responsible for any charges for courier of products to the Applicant. It is the applicant’s responsibility to carry courier charges with a courier of their choice. Free pickups apply.