Terms of Sale

These Terms of Sale ("Terms") apply to all purchases of products and services from Global Manufacturing Africa (Pty) Ltd ("GMA", "Seller"). By placing an order or accepting a Pro Forma Invoice, you ("Buyer") agree to these Terms. These Terms supplement GMA's General Terms and Conditions of Sale and, in the event of conflict, the General T&Cs prevail.

1. Orders and Acceptance

• 1.1 All orders are subject to acceptance by GMA in writing.
• 1.2 A binding sale is formed only when GMA issues a Pro Forma Invoice and the Buyer pays the required deposit.
• 1.3 GMA reserves the right to decline any order without providing reasons.
• 1.4 Changes to accepted orders require written agreement from both parties.

2. Pricing

• 2.1 All prices are as stated on the applicable Pro Forma Invoice.
• 2.2 Prices are exclusive of VAT, import duties, customs fees, and freight unless expressly stated otherwise.
• 2.3 Website prices are indicative only. Confirmed pricing is provided in a formal Pro Forma Invoice.
• 2.4 GMA reserves the right to amend prices prior to the issue of a Pro Forma Invoice.

3. Payment

• 3.1 Standard payment terms: 30% non-refundable deposit on order confirmation; 70% balance prior to dispatch.
• 3.2 All payments must be received in cleared funds before goods are dispatched.
• 3.3 Accepted payment methods: Bank EFT / SWIFT transfer to GMA's nominated account.
• 3.4 Interest on overdue amounts: repo rate + 3.5% per annum, compounded monthly.
• 3.5 GMA reserves the right to suspend or cancel an order where payment is not received by the agreed date.

4. Delivery

• 4.1 Delivery terms: Ex Works (EXW, Incoterms 2020) from GMA's nominated facility unless otherwise agreed.
• 4.2 Delivery dates are estimates. GMA shall not be liable for delays beyond its reasonable control.
• 4.3 Risk passes to the Buyer upon handover to the Buyer's nominated freight forwarder.
• 4.4 The Buyer is responsible for all import permits, duties, and customs compliance.

5. Title

• 5.1 Title to goods remains with GMA until full payment is received.
• 5.2 The Buyer must store goods separately and identifiably until title passes.

6. Inspection

• 6.1 The Buyer must inspect goods within 5 business days of delivery.
• 6.2 Claims for visible damage or short delivery must be submitted to GMA in writing within this period.
• 6.3 Failure to notify within 5 business days constitutes acceptance of goods as delivered.

7. Warranty

• 7.1 GMA warrants products against manufacturing defects for 12 months from delivery.
• 7.2 This warranty does not cover misuse, unauthorised modification, or normal wear and tear.
• 7.3 The warranty remedy is limited to repair or replacement at GMA's discretion.
• 7.4 Full warranty terms are set out in the GMA Product Warranty Terms document.

8. Returns and Cancellations

• 8.1 Returns are only accepted with prior written authorisation from GMA (RMA required).
• 8.2 Cancellation of an accepted order results in forfeiture of the 30% deposit.
• 8.3 GMA may charge a restocking fee for returns not arising from a warranty claim.

9. Limitation of Liability

• 9.1 GMA's total liability shall not exceed the invoice value of the goods giving rise to the claim.
• 9.2 GMA is not liable for indirect, consequential, or special damages, including loss of profit.
• 9.3 Nothing in these Terms limits liability for fraud or gross negligence.

10. Consumer Protection

Where the Buyer qualifies as a consumer under the Consumer Protection Act 68 of 2008 or equivalent legislation in their jurisdiction, applicable statutory rights are not affected.

11. POPIA and Data Protection

• 11.1 GMA processes Buyer personal information in accordance with POPIA and GMA's Privacy Policy.
• 11.2 By placing an order, the Buyer consents to GMA processing their information for order fulfilment and related purposes.

12. Dispute Resolution

• 12.1 Disputes shall first be referred to good-faith negotiation.
• 12.2 If unresolved within 30 days, disputes shall be resolved by arbitration under AFSA rules in Cape Town.
• 12.3 Either party may seek urgent relief from the Western Cape High Court.

13. Governing Law

These Terms are governed by the laws of the Republic of South Africa.

14. Entire Agreement

• 14.1 These Terms, together with the Pro Forma Invoice and GMA's General Terms and Conditions of Sale, constitute the entire agreement between the parties for the sale of goods.
• 14.2 Any amendments must be in writing and signed by both parties.