MUKHEKHE (PTY) LTD t/a MUKHEKHE LIQUOR  TERMS & CONDITIONS

PRODUCT SUPPLY STANDARD TERMS AND CONDITIONS

Contact Details

·    Email:info@mukhekheliquor.co.za

·    WhatsApp: 063 0025 432

·    Telephone (Office): 010 007 3886

·    Street Address: ERF 252, Unit 9 & 10, Thohoyandou Industrial Area, Shayandima, 0970.

Operating Hours

We are available to customers for placement of orders and queries resolution as per below:

·    Monday to Friday: 8am to17:00pm

·    Saturday: 9am to 12:45pm

·    Sundays and Public Holidays: Closed

Operating hours are subject to change and will be communicated accordingly including public holiday business hours.

1. INTRODUCTION

1.1.    These product supply standard terms and conditions will apply to the placing of orders with Mukhekhe (PTY) LTD t/a Mukhekhe Liquor by all customers.

1.2.    Unless otherwise agreed to in writing by Mukhekhe (PTY) LTD t/a Mukhekhe Liquor, Mukhekhe (PTY) LTD t/a Mukhekhe Liquor commits to supply products supplied by it to the Customer, on the terms and conditions set out in these Terms.

1.3.    These Terms and Conditions do not constitute an agency, joint venture or partnership arrangement between Mukhekhe (PTY) LTD t/a Mukhekhe Liquor and the Customer, nor authorise either party to incur any liability whatsoever on behalf of the other.

1.4.    The provisions of these Terms prevail over any order, request, terms or conditions made or furnished or generated by the Customer, whether written or verbal.

2. COMMENCEMENT

2.1.    These Terms commence on the date of signature or accepted on the website of Mukhekhe (PTY) LTD t/a Mukhekhe Liquor thereof by the Customer and shall continue indefinitely thereafter, subject to termination of services between the customer and Mukhekhe (PTY) LTD t/a Mukhekhe Liquor.

2.2.    Mukhekhe (PTY) LTD t/a Mukhekhe Liquor may at any time cease supply of the Products on written notice to the Customer without having to give a reason thereof, and Customer shall have no claim against Mukhekhe (PTY) LTD t/a Mukhekhe Liquor in that regard, save that Mukhekhe (PTY) LTD t/a Mukhekhe Liquor shall complete any orders that have been placed by the Customer and accepted by Mukhekhe (PTY) LTD t/a Mukhekhe Liquor, but not yet fulfilled.

3.    PLACEMENT AND ACCEPTANCE OF ORDERS

3.1    Should the Customer wish to place an order for one or more Products from time to time, the Customer shall place the order via Mukhekhe (PTY) LTD t/a Mukhekhe Liquor standard process.

3.2    A minimum order quantity of 2 cases of any kind OR 2 kegs of any kind, or a combination thereof, per order will be applicable. Orders received below this volume will only be processed for self-collecting customers. Mukhekhe (PTY) LTD t/a Mukhekhe Liquor reserves the right, subject to prior notice to you, to revise our Minimum Order Quantity at any time prior to the date of dispatch, in which event the revised MOQ will apply. The minimum order quantity does not apply to self-collecting purchases.

3.3    Mukhekhe (PTY) LTD t/a Mukhekhe Liquor will accept orders for standard packs. Products are not supplied on a ‘sale or return’, or ‘sale or exchange’ basis.

3.4    These Terms and Conditions will apply to each and every order placed by a Customer, and the fulfilment of an order and payment in respect thereof shall constitute a stand-alone transaction.

3.5    Orders can be placed via Email, Telephone, WhatsApp, Sales Representative’s and Mukhekhe Liquor online order platform.

3.6    Customers need to have a Trading Account with Mukhekhe (PTY) LTD t/a Mukhekhe Liquor to place orders via any of the available channels.

4.    DELIVERY

NOTE: No Order will be DISPATCHED if not PAID in Full. Where a customer has been given Credit Facility by Mukhekhe (PTY) LTD t/a Mukhekhe Liquor, Orders will not be DISPATCHED if Credit account is in arrears.

4.1    Delivery Services Available:

4.1.1    Same Day Express Deliveries

*    Delivery Address within 50 km radius from Thohoyandou Industrial Area.

·    Order cut-off is 13:00pm deliver by latest 16:00pm @ R200 Delivery Fee

*  Delivery Address between 51 km and 100 km from Thohoyandou Industrial Area.

·    Order cut-off is 12:00pm deliver by latest 16:00pm @ R250 Delivery Fee

*    Delivery Address more than 100 km from Thohoyandou Industrial Area.

·    Order cut-off is 11:00am deliver by latest 16:00pm @ R350 Delivery Fee

4.1.2    Next Day Express Deliveries

*    Delivery Address within 50 km radius from Thohoyandou Industrial Area.

·    Order cut-off is 13:00pm deliver by latest 16:00pm @ R180 Delivery Fee

*    Delivery Address between 51 km and 100 km from Thohoyandou Industrial Area.

·    Order cut-off is 12:00pm deliver by latest 16:00pm @ R200 Delivery Fee

*  Delivery Address more than 100 km from Thohoyandou Industrial Area.

·    Order cut-off is 11:00am deliver by latest 16:00pm @ R300 Delivery Fee  

4.1.3    Nominated Day Deliveries (NDD):

*    Mukhekhe (PTY) LTD t/a Mukhekhe Liquor will deliver according to Delivery Day Matrix.

*    Day of week order will be delivered given the lead time.

*    Weekend (Saturday and Sunday) and Public Holidays can be delivered depending on customer delivery request.

4.1.4    Delivery Services Fee Application:

*    Due to macro and micro economic forces, delivery fees may change at the sole discretion of Mukhekhe (PTY) LTD t/a Mukhekhe Liquor and without notice.

*    Mukhekhe (PTY) LTD t/a Mukhekhe Liquor may offer FREE deliveries at its sole discretion to some customers based on order/s quantity and/or value.  

4.2    Delivery is deemed to have been successfully completed upon off-loading of the Products comprising an order at the shipping address stipulated by the Customer, or any other delivery point specified by the Customer in the relevant order, and signature by the customer or any employee of the Customer of the carrier delivery note.

4.3    A delivery Driver’s Delivery Note signed by the customer, or an employee of the Customer will constitute final proof of delivery of an order, between Mukhekhe (PTY) LTD t/a Mukhekhe Liquor and the Customer.

4.3.1.   PROOF OF DELIVERY (POD): Mukhekhe (PTY) LTD t/a Mukhekhe Liquor orders are delivered on a Mukhekhe (PTY) LTD t/a Mukhekhe Liquor Delivery Note, and therefore require for all Delivery Notes to be signed in full on receipt of the order. Customers are required to inform all personnel in their receiving sites to ensure that Mukhekhe (PTY) LTD t/a Mukhekhe Liquor Delivery Note document is signed in full and handed to the Driver, allowing timeous dispatch of our driver. Please ensure the following are completed on the Delivery Note:

*    Printed name and printed surname

*    Signature, Date and Time

*    Returned items and quantities, if any.  

4.4    If a Customer does not accept delivery of an order, despite the Products delivered complying with the terms of the order placed by the Customer, then Mukhekhe (PTY) LTD t/a Mukhekhe Liquor will be entitled to claim payment of the shipping and delivery charges in respect of that order, and any other costs or damages that Mukhekhe (PTY) LTD t/a Mukhekhe Liquor may have incurred or sustained as a result of the Customer’s refusal and/or failure to accept delivery of the order in question, and Customer shall make payment of such amount within 7 (seven) days of demand.

4.5    Each order delivered shall be deemed to have been received in full, in good order and condition, unless notification in writing is given to and received by Mukhekhe (PTY) LTD t/a Mukhekhe Liquor and the applicable carrier within 24 hours from the date of delivery via the telephone number or e-mail address.

4.6    Each order will be deemed to have been received in a sealed and wholly intact state, and no claims based on an allegation of tampering in transit will be accepted, unless the packaging of the order was examined by an employee of the Customer in the presence of the carrier, as attested to by the carrier; and the Customer notifies Mukhekhe (PTY) LTD t/a Mukhekhe Liquor of the defect within 24 hours from the date of delivery.

4.7    Should a Customer give timeous notification of a defect in an order delivered to it, of whatever nature, and should Mukhekhe (PTY) LTD t/a Mukhekhe Liquor be satisfied that the order is indeed defective as a result of loss or damage having occurred at some point prior to delivery, Mukhekhe (PTY) LTD t/a Mukhekhe Liquor will at its discretion either: refund the price paid by the Customer for the damaged or missing Product/s; or replace, free of charge, the damaged or missing Product/s.

4.8    Mukhekhe (PTY) LTD t/a Mukhekhe Liquor accepts no liability for delays in transit, howsoever caused.

4.9    The Customer hereby indemnifies and holds Mukhekhe (PTY) LTD t/a Mukhekhe Liquor harmless against any loss or damage of whatsoever nature by whomsoever suffered arising directly or indirectly from the printing of bar codes by either Mukhekhe (PTY) LTD t/a Mukhekhe Liquor or the Customer.

4.10    PARTIAL DELIVERY / SHORT DELIVERY: We will honour or deliver Products ordered subject to the availability thereof. We will not be liable for any loss or damage arising from non-delivery or late delivery whether in respect of the whole or part of the product. Should you receive a partial delivery, the balance of the order that has not been delivered has to be communicated to Mukhekhe (PTY) LTD t/a Mukhekhe Liquor. The balance of the order will either be re- ordered by the customer at no additional cost to the customer or fulfilled and delivered by Mukhekhe PTY LTD t/a Mukhekhe Liquor.

5.   SHORTAGES AND DAMAGES

Phone: 010 007 3886 or Email: info@mukhekheliquor.co.za, whereupon the Customer shall have no further claim against Mukhekhe (PTY) LTD t/a Mukhekhe Liquor in respect of the defective order.

6.   RETURNS

No Products are returnable to Mukhekhe (PTY) LTD t/a Mukhekhe Liquor save and except with its prior express written approval and any authorised return shall be subject to payment of a handling charge, which will be determined in Mukhekhe (PTY) LTD t/a Mukhekhe Liquor’s sole discretion, depending on the age and condition of the Products returned. Any such handling charge shall be payable within 7 (seven) days of demand by Mukhekhe (PTY) LTD t/a Mukhekhe Liquor.

Mukhekhe (PTY) LTD t/a Mukhekhe Liquor does not accept returns as a result of overstock, or Products reaching the expiry date. Returns for damaged or leaking Bag-In-Box (BIB) will only be accepted if it is accompanied by the original packaging (box). No returns will be accepted for breakages or damages in customer warehouses or stores.

7.   PRICES

7.1    Each Product is priced are as per the prevailing official Mukhekhe (PTY) LTD t/a Mukhekhe Liquor price list as at the date of invoice. Prices are stated exclusive and inclusive of VAT.

7.2    Product prices are subject to change at any time without prior notice, but new prices shall apply only in respect of orders placed after the date upon which the new price became effective.

8. PAYMENT

8.1    Mukhekhe (PTY) LTD t/a Mukhekhe Liquor is under no obligation to supply Products on credit. Should Mukhekhe (PTY) LTD t/a Mukhekhe Liquor agree to a credit facility:

8.1.1    the Mukhekhe (PTY) LTD t/a Mukhekhe Liquor Credit Terms shall apply and shall be read together with these Terms, provided that in the event of a conflict between the Credit Terms and these Terms, these Terms shall prevail; and

8.1.2    Mukhekhe (PTY) LTD t/a Mukhekhe Liquor shall at any time, in its discretion, be entitled to revert to Cash On Order payment terms in respect of future supply of Products, on 5 business days’ written notice to the Customer.

8.2    Mukhekhe (PTY) LTD t/a Mukhekhe Liquor shall have a discretion to grant the Customer a cash/settlement discount from time to time but shall be under no obligation to do so. Any cash/settlement discount so granted will be confirmed to the Customer by Mukhekhe (PTY) LTD t/a Mukhekhe Liquor in writing.

8.3    Mukhekhe (PTY) LTD t/a Mukhekhe Liquor shall issue the Customer with a tax invoice in respect of each order which Mukhekhe (PTY) LTD t/a Mukhekhe Liquor delivers, or, in the case of orders delivered in instalments, each instalment of the order that is delivered.

8.4    The Customer shall make payment in respect of each order, or in accordance with such payment terms as Mukhekhe (PTY) LTD t/a Mukhekhe Liquor has confirmed in writing to the Customer from time to time.

8.5    If any payment is not made in full on due date, then, without prejudice to any other right that Mukhekhe (PTY) LTD t/a Mukhekhe Liquor may have under these Terms or in law:

8.5.1    the outstanding payment shall bear interest (calculated daily and capitalised monthly on the last day of each and every month) at the prime overdraft rate as determined from time to time by First National Bank and/or any banking institution which Mukhekhe (PTY) LTD t/a Mukhekhe Liquor banks with, from due date of payment until payment is received in full; and

8.5.2    the full amount owing by the Customer to Mukhekhe (PTY) LTD t/a Mukhekhe Liquor will, irrespective of its original due date and regardless of the remaining provisions of this clause and any other agreed payment terms, become immediately due and payable.  

8.6    Payment will only be deemed to have been received by Mukhekhe (PTY) LTD t/a Mukhekhe Liquor once the money is reflected as cleared into Mukhekhe (PTY) LTD t/a Mukhekhe Liquor’s bank account.  

8.7    All payments shall be made either in cash, by way of deposit of cash into Mukhekhe (PTY) LTD t/a Mukhekhe Liquor’s bank account, or by way of electronic funds transfer into Mukhekhe (PTY) LTD t/a Mukhekhe Liquor’s bank account. 

8.8    The Customer acknowledges and agrees that Mukhekhe (PTY) LTD t/a Mukhekhe Liquor may in its absolute discretion withhold delivery of any Products (including without limitation Products which form part of an order that is to be delivered in instalments) pending payment of any sum due and payable by the Customer to Mukhekhe (PTY) LTD t/a Mukhekhe Liquor.

9. OWNERSHIP AND RISK

9.1    Ownership of all Products delivered by Mukhekhe (PTY) LTD t/a Mukhekhe Liquor to the Customer shall remain vested in Mukhekhe (PTY) LTD t/a Mukhekhe Liquor, notwithstanding delivery thereof to the Customer, until payment is received in full for the Products concerned.

9.2    Until the Customer has effected full payment for any Products, the Customer shall store the Products in:

9.2.1    a safe and secure area and under storage conditions appropriate for products of a nature similar to the Products; and

9.2.2    a manner which makes them readily identifiable as the property of Mukhekhe (PTY) LTD t/a Mukhekhe Liquor.  

9.3    Without prejudice to any of its rights in terms of law, Mukhekhe (PTY) LTD t/a Mukhekhe Liquor reserves the right to enter the Customer’s premises, during business hours but without notice to the Customer, and to repossess the applicable Products in the event of the Customer failing to make any payments on due date or at all.

9.4    Notwithstanding that ownership in the Products remains vested in Mukhekhe (PTY) LTD t/a Mukhekhe Liquor until such time as full payment in respect of such Products has been received, risk in and to each Product ordered by the Customer shall pass to the Customer upon delivery of the Product.

10.   Customer Responsibility

10.1    Customer warrants to Mukhekhe (PTY) LTD t/a Mukhekhe Liquor that Products shall only be sold through formal retail outlets owned by the Customer.

10.2    Hospitality establishment Customer warrants to Mukhekhe (PTY) LTD t/a Mukhekhe Liquor that Products shall only be sold for on-site consumption within hospitality outlets owned by the Customer.

10.3    Customer undertakes that it shall not do anything or allow anything to be done which prejudices, or may have the effect of prejudicing, the goodwill of Mukhekhe (PTY) LTD t/a Mukhekhe Liquor, and Customer warrants and undertakes to and in favour of Mukhekhe (PTY) LTD t/a Muchacho Liquor that it shall at all times comply with the term of Customer’s liquor license.

10.3.1    Customer undertakes to comply with all South African legislation, including health and safety and consumer protection legislation, as may apply to the conduct of Customer’s business generally.

10.3.2    Customer hereby agrees to indemnify and hold each and all of Mukhekhe (PTY) LTD t/a Mukhekhe Liquor, its directors, officers, employees and/or sub-contractors harmless against all claims, damages, injuries, losses, expenses (including all legal costs on an attorney and own client scale) and liabilities arising out of or in any way connected to Customer’s stocking and/or wholesaling and/ retailing and/or promoting the Products.  

10.4    Co-operate fully with Mukhekhe (PTY) LTD t/a Mukhekhe Liquor (at Customer’s own cost) in providing such assistance as Mukhekhe (PTY) LTD t/a Mukhekhe Liquor may reasonably require in order to bring, resist and/or defend any claim arising from or relating to Customer’s stocking and/or wholesaling and/or retailing and/or promoting the Products.

10.5    Customer hereby indemnifies and holds each and all of Mukhekhe (PTY) LTD t/a Mukhekhe Liquor, its directors, officers, employees and/or sub-contractors harmless against any loss, damage or injury caused or sustained by any wilful or negligent act or omission on Customer’s part or on the part of any of Customer’s directors, officers, employees, sub-contractors, representatives, guests and/or customers. Each element of the release from liability and indemnity in respect of each cause or activity covered by the release from liability and indemnity contained in this clause is separate and severable from the other elements.

10.6    Mukhekhe (PTY) LTD t/a Mukhekhe Liquor makes no representations as to anticipated sale, turnover and/or profitability in regard to the Products, whatsoever. The Products are supplied as is and Mukhekhe (PTY) LTD t/a Mukhekhe Liquor excludes, to the maximum extent permitted by law, all warranties as to quality and/or the fitness of the Products for a particular purpose. Mukhekhe (PTY) LTD t/a Mukhekhe Liquor shall not be liable, whether in contract, delict or otherwise, for any special, consequential or incidental damages, arising from or in connection with these Terms, any other agreement concluded between Mukhekhe (PTY) LTD t/a Mukhekhe Liquor and the Customer, and/or the stocking and/or wholesaling and/or retailing and/or promoting of the Products by the Customer from time to time.

11. BREACH

11.1    Should the Customer:

11.1.1    fail to pay any amount on due date thereof, and should payment not be made within 2 (two) days after receipt of notice from Mukhekhe (PTY) LTD t/a Mukhekhe Liquor to make payment of such amount; and/or

11.1.2    breach any other of these Terms, and such breach is incapable of remedy or Customer fails to remedy such breach within a period of 7 (seven) days after receipt from Mukhekhe (PTY) LTD t/a Mukhekhe Liquor of written notice requiring Customer to do so,

11.1.3    cancel any order which has been placed but in respect of which delivery has not been made;

11.1.4    and/or cancel these Terms; and/or

11.1.5    claim such damages (whether in contract, delict or otherwise, including any special, consequential or incidental damages) as Mukhekhe (PTY) LTD t/a Mukhekhe Liquor may have suffered, and to repossess by way of liquidated damages such Products as may remain in the Customer’s possession as at the date of cancellation.

11.2.    In the event of Mukhekhe (PTY) LTD t/a Mukhekhe Liquor, for whatever reason and in its sole and absolute discretion, instructing an attorney to act against the Customer, the Customer shall pay all legal costs and collection charges, including

collection commission and tracing charges, incurred by Mukhekhe (PTY) LTD t/a Mukhekhe Liquor, on an attorney-own client scale.

12.FORCE MAJEURE

Mukhekhe (PTY) LTD t/a Mukhekhe Liquor shall have no liability to the Customer arising out of delays in or failure in performance by Mukhekhe (PTY) LTD t/a Mukhekhe Liquor of its obligations under these Terms, any Credit Terms, any On-Consumption Direct Trading Terms in force between Mukhekhe (PTY) LTD t/a Mukhekhe Liquor and the Customer from time to time, if and to the extent that such delay or failure is caused by force majeure, which is defined herein as occurrences beyond the reasonable, practical, economic or business control of Mukhekhe (PTY) LTD t/a Mukhekhe Liquor, and which, by the exercise of reasonable diligence Mukhekhe (PTY) LTD t/a Mukhekhe Liquor would not normally have been able to prevent, including but not limited to decrees of government, Acts of God, strikes or other concerted act of workmen, floods, explosions, riots, civil commotions, war, rebellion, sabotage, disruption of manufacture or commerce for political or other reasons.

13.JURISDICTION

The Customer hereby consents, in terms of Section 45 of the Magistrate’s Court Act, 1944 (Act No.32 of 1944), to the jurisdiction of the Magistrate’s Court of any district having jurisdiction in terms of Section 28 of the Act in respect of any legal proceedings arising, whether directly or indirectly, out of these Terms, provided that Mukhekhe (PTY) LTD t/a Mukhekhe Liquor may, in its sole discretion, institute any such proceedings out of any other Court having jurisdiction.

14. NOTICES AND DOMICILIUM    

14.1.    The Customer chooses as domicilium citandi et executandi for all purposes under these terms and conditions, its address stated in its National Liquor Authority license.

14.2.    Mukhekhe (PTY) LTD t/a Mukhekhe Liquor chooses as domicilium citandi et executandi for all purposes under these terms and conditions its registered address, being at ERF                 252, Unit 10, Thohoyandou Industrial Area 0970, e-mail: Info@mukhekheliquor.co.za.

14.3.    Any notice required to be given hereunder shall be deemed to have been duly given if properly addressed and despatched by pre-paid registered post, delivered by hand or                 electronic mail to either party at its chosen domicilium citandi et executandi. In the case of: 

14.3.1    registered post, the notice shall be deemed to have been received three (3) days after the despatch thereof.

14.3.2    delivery by hand, the notice shall be deemed to have been received upon delivery thereof; and

14.3.3    transmission by electronic mail, the notice shall be deemed to have been received upon the first working day following successful transmission thereof.

15.GENERAL

15.1    Mukhekhe (PTY) LTD t/a Mukhekhe Liquor shall be entitled, at any time and from time to time, to make changes to these Terms. Any such change and the date upon which such change is due to take effect, shall be notified to the Customer in writing. For the avoidance of doubt, amended Terms shall apply only in respect of orders placed on or after the date upon which the change became effective, and all orders placed prior to such date shall be governed by the version of the Terms applicable at the time of placement of the order.

15.2    These Terms shall not be invalid in their entirety due to the invalidity of any particular provision and, in the event of any provision being held to be invalid, it shall be severable from these Terms.

15.3    The Customer may not sell, cede, assign, delegate, subcontract or in any other way alienate or dispose of any of its rights or obligations under these Terms without Mukhekhe (PTY) LTD t/a Mukhekhe Liquor’s prior written consent.

15.4    No indulgence, leniency or extension of time which Mukhekhe (PTY) LTD t/a Mukhekhe Liquor may grant or show to the Customer, shall in any way prejudice Mukhekhe (PTY) LTD t/a Mukhekhe Liquor or preclude Mukhekhe (PTY) LTD t/a Mukhekhe Liquor from exercising any of its rights in the future.

15.5    These Terms cancel and supersede all prior negotiations and agreements entered between Mukhekhe (PTY) LTD t/a Mukhekhe Liquor and the Customer relating to the matters set forth in these Terms.