Delivery of the Product shall take place at the address specified by the Customer on the Website and the Customer shall be deemed to have accepted the Product upon their delivery to such address. The Customer shall make all necessary arrangements to take delivery for the Product whenever they are tendered for delivery.
The Customer undertakes to notify the Company forthwith in writing of any change in address timeously.
Deliveries will take place during normal business hours from Monday to Friday, unless otherwise agreed between the parties. The Company shall endeavour to ensure that deliveries are made to the Customer within 24 to 48 hours (calculated Monday to Thursday) of the Customer completing the checkout process and attending to payment. If an order has been completed and payment made between the period Friday to Sunday then the 24 to 48 hour estimated delivery period will be calculated from the following Monday.
Deliveries will be subject to a delivery fee as follows:
Standard delivery charge of R120.00 (one hundred and ten rand) on all single checkout orders with a total value under R1000.00 (seven hundred rand); the order to be delivered within the Republic of South Africa;
Any single checkout order over the total value of R1000.00 (seven hundred rand) will qualify for free delivery; the order to be delivered within the Republic of South Africa.
The Company reserves the right to charge a delivery fee to the Customer over and above that specified in clause 43 above, where applicable, and where the Customer’s delivery address falls outside of the normal routes of Berco Express (Pty) Ltd. Any change in delivery fee will be communicated to the Customer at the time of placing the order for the Product and all delivery fees will be paid for by the Customer at the time of completing the checkout process and making payment for the Product. Additional delivery fees will be charged to the Customer in instances where delivery is impossible due to inaccessibility and/or failure to adhere to the estimated delivery time.
The Customer agrees that the signature of the Customer, any agent, contractor, sub-contractor or employee of the Customer on the Company’s official trip sheet / delivery note / invoice / waybill, or the delivery note of any authorised independent carrier will constitute delivery of the Product purchased. Delivery shall furthermore be deemed to have taken place against proof of posting if the Product is posted to the Customer or delivery to the South African transport services or road carriers if the Products are railed or transported by the Company to the Customer in this manner. The post office / South African transport service / road carrier shall act as an agent of the Customer.
Despite the above, the Customer acknowledges that the delivery dates given by the Company in advance are estimated. The Company will use its best endeavours to ensure that delivery is completed as soon as is reasonably possible after the estimated delivery date. Notwithstanding the aforegoing, the Company shall not be liable for failure to perform or delay in performance hereunder resulting from any cause beyond the Company’s control, including fire, labour difficulties, transportation difficulties, interruptions in power supply (including but not limited to what may be termed “load shedding” or “black-outs”) and delays in usual sources of supply, major changes in economic conditions, breakdown of machinery or any cause beyond the Company’s control, and whether caused by negligence or otherwise.
If Products, when ordered together, have various delivery dates then the date of the Product which is latest in time shall be the estimated date of delivery of all the Products specified in the single order, unless the Customer requests part delivery of certain Products, subject to additional delivery fees.
If the Company is unable to deliver the Product to the Customer for reasons beyond its control, then the Company shall be entitled to place the Product in storage until such time as delivery may be affected and the Customer shall be liable for any expense associated therewith, including, without limitation, storage costs.
Risk in and to the Products shall pass to the Customer upon delivery.
The Customer shall immediately, upon receipt of the Products from the Company, inspect the Products and the Customer must inform the Company of any error in units delivered (quantitative) occasioned by the Company by way of written notice, to be received by the Company within 7 (seven) days of receipt of the Product by the Customer. Should the Customer fail to notify the Company of any claim the Customer may have in terms hereof within the specified 7 (seven) day period such failure shall constitute a complete waiver of any such claim.
Any of the Products delivered to the Customer in error, as referred to in clause 50 above, will only be considered for return by the Company upon presentation of a receipt and provided that such Products are undamaged, unopened, have not been tampered with in any way and are not defaced in any way.
If the Customer, due to some fault of its own, cannot accept or should it request the Company in writing to suspend or delay delivery of the Products, the Company reserves the right to claim any additional costs, including storage costs, incurred by the Company from the Customer.