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Terms & Conditions

entire agreement

If you require a complete delivery of your orders, please enter an X in the Complete Delivery field on the shipping screen of the customer master record. The indicator is copied into the order header, which you can also use for the purpose.

controlling terms

As the Buyer, you expressly agree that your Invoice as it appears in your shopping cart at checkout and these Terms and Conditions of Sale represent the complete agreement of the parties with respect to the sale of the product(s) listed on the order summary and no different or additional terms or conditions in your purchase order or in any other prior or subsequent communications in any way adding to, modifying or otherwise changing these Terms and Conditions of Sale shall be binding upon Jet Stores Limited.

acceptance of orders

Jet Stores Limited, “the Seller” may accept the buyer’s offer to purchase and shall be bound to supply the applicable Goods in accordance with these terms and conditions either by the execution of the acknowledgment copy of the order, or acceptable electronic transmission, delivery of the Goods to CAI or by any other statement, act or course of conduct which constitutes acceptance under applicable law.

prices

Unless otherwise indicated on the face of the invoice, all prices are quoted on a per pound basis. The buyer is responsible for any tax or government charges imposed upon the sale or transfer of the Product. The buyer shall not have any right to set off any amounts due hereunder against any amounts which may become payable to Seller under any other agreement.

delivery

Unless otherwise communicated in official correspondence by Jet Stores or an authorized representative of Jet Stores, all delivery dates are estimated times of arrival, that may be affected by external conditions such as traffic, weather conditions or any other unforeseen circumstances Jet Stores shall use its reasonable efforts to deliver all Product within the time specified; however, in no case shall we be liable for any expense, loss, or damage whatsoever you may incur in the event of non-delivery of Product by the specified date.

transportation and risk of loss

The method and route of shipment are at Jet Stores’ discretion unless you provide explicit instructions otherwise, in a timely manner. Once the product is transferred to the delivering party/carrier, ownership of the product is considered to have been transferred to you as the customer, even in an instance where Jet Stores has not received full specifications for goods to be delivered.. At this point, you will not be entitled to refuse acceptance of the product or alter any preconditions of the terms contained herein.

cancellation or modification

You may cancel any order placed with and accepted by Jet Stores for as long as this is communicated in a timely manner and does not result in any loss to Jet Stores. Any order cancellations that are made once a product has been delivered to a carrier will accrue a cancellation fee of twenty-five percent (25%) of the order value to recover retrieval costs incurred. Jet Stores will not accept cancellations of special orders of non-standard, non-price list products. We may also cancel all or any part of this order and discontinue its performance hereunder without liability to you as the Buyer in the event that you materially breach this contract, become insolvent, are subject to bankruptcy protection, or are the subject of a receivership, liquidation, dissolution, or similar proceeding.

taxes

As the buyer, you are responsible for any tax or government levies imposed upon the sale or transfer of any product. Any such tax or levy will be added to the total order amount. All prices displayed on the online store are specific to the product/merchandise as it obtains in-store. Applicable freight costs will be added to your order, the amount of which will depend on your location and distance from point of order dispatch.

warranty and disclaimer

Jet Stores warrants that the purchased Product is free from defects in materials and workmanship at the time of delivery. If an analysis is stated on the face of the Invoice, it is not intended to be a complete analysis and is not to be regarded as a specification or warranty, unless specifically stated in writing to be such

limitation of liability

In making use of our Online Store, you acknowledge and agree that Jet Stores’ liability for any claims with respect to the products shall not exceed the amount you paid for the products under the invoice. Such limitations on Jet Stores’ liability hereunder shall apply even if the liability is due in whole or in part to its own negligence. Any action by or on behalf of the Buyer or its successors or assigns for breach of this document must be commenced within one (1) year after the cause of action as accrued.

return of material

Upon delivery of Product, you will have five (5) days to inspect Product and notify Jet Stores, in writing, of any defective goods or other cause for rejection. In making use of our online store, you implicitly agree that a five (5) day period provides you a reasonable opportunity to inspect the Product. Such notification shall identify each and every reason for any rejection of Product. Your failure to reject Product within such five (5) day period shall constitute a waiver of your inspection right and an unqualified and irrevocable acceptance of the Product.

indemnity

As the buyer, you shall defend, indemnify and hold harmless Jet Stores and its affiliated or related companies from and against any and all claims, losses, liability, damages and expenses including, but not limited to, attorneys’ fees and cost of defense arising from, related to or in any way connected with or alleged to arise from or out of any asserted deficiencies or defects in Product caused by any alteration or modification thereof by yourself with or without Jet Stores’ consent, or improper handling or storage by yourself (or agencies), the breach of any term or condition stated herein, any failure on your part to label Product or improper labeling of Product regardless of whether the labeling was done with or without the advice of Jet Stores, or any act or omission of yourself including any Claims for or resulting from any injury to person (including death) or damage to property or for economic loss, several or comparative negligence, breach of agreement, breach of warranty, or other breaches of duty of or by Indemnitee or as a result of Indemnitee’s strict or other product liability. The foregoing indemnification shall not be construed to eliminate or in any way reduce any other indemnification or right which Indemnitee has by law.

payment

Net cash thirty (30) days from the date of Invoice. Amounts not paid within thirty (30) days are overdue and shall accrue interest at a rate of one and one-half percent (1-1/2%) per month or the highest allowed by law, whichever is less. Buyer shall reimburse Seller for any costs incurred in collecting past-due sums or any other amounts owed by Buyer for any reason whatsoever, including, but not limited to, court costs and attorneys’ fees.

governing law and arbitration

This document shall be interpreted and governed by the laws of the Republic of Zimbabwe, as well as guidelines and regulations laid out by the Consumer Council of Zimbabwe and other relevant juristic functions as conceived by the country’s legislative authority