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TERMS AND CONDITION OF SUPPLY

 

 

1. DEFINITIONS

 

1.1. “Customer” means the individual, organisation or institution to whom products are sold by Frank R Thorold (Pty) Ltd on behalf of a publisher and/or, as the case may be, to whom Frank R Thorold (Pty) Ltd provides the services and whose name and address appears on the customer’s invoice.

 

1.2. “Conditions” means the terms and conditions of sale and/or supply set out in this document and any special terms and conditions agreed in writing by Frank R Thorold (Pty) Ltd.

 

1.3. “Price” means the price for the products and/or, as the case may be, services excluding VAT.

 

1.4. “Products” means the publications as set out on the invoice, sold by Frank R Thorold (Pty) Ltd to the customer on behalf of the publisher.

 

1.5. “Services” means the form of services (if any) supplied by Frank R Thorold (Pty) Ltd to the customer.

 

1.6. “Publisher” means the publisher or publishers of the products.

 

1.7. “Thorolds Contemporary Africana, Law & General Booksellers” is the trading name of Frank R Thorold (Pty) Ltd, a company registered in South Africa, whose Registration No. is 1962/003911/07 and whose registered addresses are as follows:

 

Physical Address: No 50 Albatross Drive, Fourways, Sandton 2055

Postal Address: Box 495 Northriding 2162

 

2. VARIATION

 

2.1. Any variation to these conditions (including any special terms and conditions agreed with the parties), shall be inapplicable unless agreed in writing by Frank R Thorold (Pty) Ltd.

 

3. PRICE AND PAYMENT

 

3.1. The price shall be the price set out on the invoice.

 

3.2. The price as set out on the invoice shall be inclusive of VAT, which shall be due at the rate prevailing on the date of the invoice.

 

3.3. Backorder/Dues: Prices quoted for unavailable items are subject to change and are for information only. Frank R Thorold (Pty) Ltd. will advise at the point of ordering of any product that the company is unable to supply

 

3.4. All advertised prices are subject to change without prior notice.

 

3.5. All amounts due are payable in the currency as agreed to between Frank R Thorold (Pty) Ltd. and the Customer (ZAR/US$/EURO/GBP) either by way of credit card or EFT, Internet Banking or credit transfer to the following account:-

 

 

Nedbank

Fox Street, Johannesburg

Branch Code 190 805

Account Number 190 805 1787

Swift Code NEDSZAJJ

 

3.6. Interest may be charged at the rate of 2% per month on overdue balances. All costs including legal expenses incurred in the recovery of overdue balances will be payable by the customer.

 

3.7. Failure to settle overdue accounts may result in an interruption to supply.

 

3.8. Frank R Thorold (Pty) Ltd. reserves the right to deduct an administration fee to cover the costs incurred when refunding duplicate orders/payments.

 

3.9. A Pro Forma invoice does not constitute a binding offer and is issued for pricing purposes only.

 

4. WARRANTIES AND LIABILITY

 

4.1. Frank R Thorold (Pty) Ltd is selling the products as a re-seller for the publisher and consequently all warranties, conditions and terms whether relating to fitness for purpose, merchantability or condition or otherwise howsoever and whether implied by statue or common law or otherwise are excluded to the fullest extent permissible by law.

4.2. Frank R Thorold (Pty) Ltd reserves the right, upon giving prior notice in writing to the customer to withhold further supplies in the event of any material breach of these terms and conditions or for any other reason which at the discretion of Frank R Thorold (Pty) Ltd warrants such action.

 

4.3. Frank R Thorold (Pty) Ltd shall not in any circumstances whatsoever or howsoever arising be liable for any indirect or consequential loss howsoever caused.

 

5. ACCEPTANCE OF GOODS

 

5.1. The customer shall be deemed to have accepted the products immediately after delivery to the customer at the address shown on the Invoice or Delivery Note.

 

5.2. After acceptance of the products, the customer shall not be entitled to return goods without the prior written approval of Frank R Thorold (Pty) Ltd.

 

6. NO WAIVER

 

6.1. Failure by Frank R Thorold (Pty) Ltd to insist upon strict performance of any of the terms of these conditions shall not be deemed to be a waiver of Frank R Thorold (Pty) Ltd’s rights and remedies in any subsequent failure by the customer to observe any of the terms hereof.

 

7. TITLE AND RISK

 

7.1. Title of the products shall remain with Frank R Thorold (Pty) Ltd until the customer has paid the price and VAT in full.

 

7.2. Risk in the products shall pass to the customer on despatch.

 

8. FORCE MAJEURE

 

8.1. No liability shall attach to Frank R Thorold (Pty) Ltd for loss or damage or delivery delays or failure to supply the products and/or services arising from factors outside its reasonable control, including, but not limited to, act of God, acts or omissions of civil or military authority, war, fire, flood, natural disaster, labour disputes, plant breakdown, shortage of supplies or compliance with orders lawfully given by any public authority.

 

9. SHIPPING & DELIVERY

 

Please note that Frank R Thorold (Pty) Ltd. has limited stock on hand.  Most products are ordered from the respective publishers on demand.  As a result, delivery of your order can take from 5 to 7 working days (local publishers) to 5 weeks (international publishers).  Delivery and / or handling charges will apply in each instance.

 

10. RETURNS & REFUNDS

 

10.1. All sales are firm and returns and refunds will be granted at the sole discretion of Frank R

Thorold (Pty) Ltd.

 

10.2. Should you wish to return an item please notify us first to inform us of the reason of your

return by contacting us at thoroldslaw@icon.co.za or on Tel 082 551 5318.

 

10.3. Returns must be received with 21 (calendar) days of the date that we dispatched the item

to you.  The original delivery charge will not be refunded and the cost for returning the parcel is at your expense, unless the error for the return is due to an error on our part.  Please include a copy of your original invoice with your returned order in order for your refund to be processed.

 

10.4. Frank R Thorold (Pty) Ltd can only accept return of an item on the following conditions:-

 

• That the item is in mint and resalable condition

• The returned item must be received by Frank R Thorold (Pty) Ltd. within 30 days of date of dispatch of the original order

 

10.5. In any of the above mentioned cases, we will not be able to process a refund and the customer will be liable for the costs of re-delivering.  It is the customer’s responsibility to ensure that any returnable items are packaged securely to ensure that they are not damaged in transit.

 

10.6. Please note that refunds will only be processed by way of EFT.  For this reason, when

returning items, please ensure that our accounts department have your banking details in hand.

 

10.7. Refunds will be processed within five to seven working days from Frank R Thorold (Pty)

Ltd.’s receipt of returned items.

 

11. GENERAL

 

11.1. The laws of the Republic of South Africa shall apply to these terms and conditions of supply

(sale).

 

 

 

 

Kim Shuttle

0825515318 or kim@thorolds.com

Darran Shuttle - Key accounts manager

0818306652 or darran@thorolds.com

Angie Engelbrecht – Internal Sales Manager

083 279 6131 or thoroldslaw@icon.co.za

Terms & Conditions

of supply