Terms and Conditions for Lay-By with SA Scooter Shop
LAY-BY SALE AGREEMENT
The consumer hereby agrees to purchase from the supplier the goods set out in the Schedule to this agreement and to pay to the supplier the amounts set out in the schedule to this agreement.
The schedule to this agreement (the "Schedule") contains the calculation of the purchase price of the goods, the period of payments and forms part of this agreement.
The parties' record that this agreement is a lay-by agreement as envisaged in the Consumer Protection Act No.68 of 2008 (CPA) and the CPA is applicable to this agreement, read with inter alia the CPA Regulations (in GN R293 in GG 34180 of 1 April 2011).
NOTICE: This agreement may be subject to minimum and maximum term(s) of duration, or minimum and/or maximum purchase price and may be restricted to certain particular products, subject to availability, as may be agreed and set out in the Schedule. It is recorded that due to time lapse from the conclusion of the agreement, specifications of goods may improve and in such event the supplier irrevocably offers and the consumer hereby agrees to accept a free upgrade of the particular goods with improved specifications.
PAYMENT OF INSTALLMENTS
The consumer will be required to make a lay-by first month immediate payment.
Thereafter, the consumer shall make at least one monthly payment for the agreed period towards the settlement of the lay-by amount making up the sale price.
All payments to be made in terms hereof shall be paid at the address of the supplier, as detailed in the schedule, or such other address as the supplier may specify.
The consumer is entitled to pay up the full outstanding lay-by amount at any time but will be required to give the supplier seven (30) days' notice for purposes of stock management and delivery.
POSSESSION, OWNERSHIP, USE AND RISK OF THE GOODS
Possession of the goods will only pass to the consumer once the full lay-by amount has been paid.
The risk regarding loss of or damage to the goods shall pass to the consumer upon delivery of the goods.
There is no interest, fees or charges payable for the amount paid under this agreement and the National Credit Act 34 of 2005 (the "NCA") does not apply to this agreement.
CONSUMER'S RIGHT TO TERMINATE THE LAY-BY AGREEMENT
In the event of the consumer terminating the agreement before fully paying for the goods, or failing to complete the payment for the goods within the agree period before date of completion, the supplier may charge the consumer a termination penalty of one percent (1%) of the full purchase price of the goods.
The supplier shall on termination by the consumer issue a notice to the consumer to confirm such termination and charge the termination penalty.
The supplier shall be entitled to charge the consumer a lay-by termination fee in respect of the holding of the goods of R400.
Total termination fee will be 1% of value of purchase, plus R400 termination fee.
The termination penalty shall not be applicable where the customer's failure to perform was due to death or hospitalization and where satisfactory proof such circumstances can be provided.
STATEMENTS OF ACCOUNT
The supplier shall deliver to the consumer a monthly statement of account by way of email or SMS, as may be elected by the consumer.
The consumer shall be entitled to dispute all or part of any incorrect credit or debit in a statement of account.
The consumer shall be responsible to ensure that his/her contact details remain up to date and shall immediately advise the supplier of any changes.
INABILITY BY THE SUPPLIER TO DELIVER THE GOODS
If the supplier is unable to deliver the goods once the consumer has settled the total lay-by amount, due to circumstances outside of its control, the supplier must, at the election of the consumer:
supply the consumer with goods that are equivalent or superior to the goods originally purchased; or
refund to the consumer all monies paid.
The consumer shall not cede, assign or transfer any of the rights or obligations in terms of this agreement without prior written consent of the supplier.
The supplier shall be entitled to cede assign and/or transfer its rights and obligations under this agreement and its ownership of the goods. The consumer agrees that upon such cession, assignment or transfer, he/she shall hold the goods on the basis that the ownership in the goods has passed to the cessionary, assignee or transferee.
ADDRESSES FOR RECEIVING OF DOCUMENTS
All process (including summonses), documents, pleadings and notices relating to this agreement shall be served or given to the supplier at PB co, 162 Pretoria Road , Benoni
All process (including summonses), documents, pleadings and notices relating to this agreement may be served or given to the consumer at the address mentioned in the schedule to agreement, unless such address has been changed in writing as provided hereunder.
As such, the parties choose the aforesaid addresses as their respective domicilia citandi (an address where service of the aforesaid documents may be effected).
Either party to this agreement may change their address by delivering to the other party a written notice of the new address by hand, registered mail or electronic mail.
The following contact details are hereby disclosed: SA Scooter Shop 0861 467772
The consumer confirms that this agreement is in one of the official languages that he/she understands and acknowledges that he/she received a copy of the agreement in an official language which he/she requested.
The consumer confirms and acknowledges that the terms and conditions of this agreement, including the Schedule and his/her obligations there under, have been explained to him/her and that he/she understands them in full and agrees to them.
References in this agreement to the singular shall include the plural and vice versa and references to the masculine gender shall include the feminine and neuter genders and vice versa.
Each clause of this agreement shall be severable from the remainder of the agreement and should any clause in this agreement be found to be invalid, such invalidity shall not affect the validity of the remainder of the agreement.
This agreement, including and consisting of the schedule and the terms and conditions of the agreement, constitutes the entire agreement between the parties and no amendment, alteration, consensual cancellation or waiver shall be valid or binding on the parties unless reduced to writing and signed by the consumer and an authorised representative of the supplier.
The consumer hereby warrants that the information supplied in the application is correct.