Standard Terms and Conditions of Sale and Service
- These Standard Terms and Conditions ("Terms") govern all proposals, quotations, orders, and agreements entered into between TRUE NORTH ("the Company") and the client ("the Client").
1. Precedence and Modification
Superseding Effect: These Terms apply to all goods supplied and services rendered by the Company. The Client explicitly waives the application of its own standard terms and conditions, regardless of whether those were issued before or after these Terms.
Derogations: Any variation, waiver, or amendment of these Terms shall only be binding if expressly accepted by the Company in writing and signed by an authorized representative.
Payment Period: Invoices are due and payable within 21 (twenty-one) business days from the invoice date, unless an alternate payment timeframe is explicitly specified in an approved quotation, invoice, or written agreement.
Interest on Overdue Accounts: In the event of non-payment by the due date, the Company reserves the right to charge interest on all overdue amounts at a rate of 10% per annum (or the maximum statutory rate permitted by applicable law), calculated daily from the due date until full payment is received.
Suspension of Services: If any payment is past due, the Company reserves the right, upon written notice, to immediately suspend the ongoing provision of services and delivery of goods until all outstanding sums are cleared.
Debt Recovery and Legal Costs: Should an account remain unpaid past 60 (sixty) calendar days from the due date, the matter may be referred to an external debt-collection agency or legal counsel. The Client agrees to indemnify the Company against all tracing fees, collection charges, and legal costs incurred on an attorney-and-own-client scale.
Net Invoicing: All amounts invoiced by the Company are net of local withholdings, value-added taxes (VAT), or international deductions.
Withholding Taxes: If any statutory withholding tax, duty, or levy is imposed by the tax authorities in the Client’s jurisdiction, the Client shall pay such amounts directly to the relevant authority. In such instances, the Client must gross up the payment to ensure the Company receives the full invoiced amount without deduction.
Standard of Effort: The Company undertakes to provide its services professionally and within agreed project timelines using commercially reasonable efforts. Unless expressly confirmed in writing, all service obligations represent obligations of reasonable effort (best endeavours) rather than strict obligations of result.
Third-Party Claims & Indemnity: The Company accepts no liability toward, and shall not be joined as a co-defendant or third party in, any dispute or claim for damages brought against the Client by third parties or end consumers.
Consequential Loss: To the extent permitted by law, the Company shall not be liable for any indirect, special, incidental, or consequential damages, including loss of profits, business interruptions, or data loss.
Notification Period: Any dispute, defect, or claim regarding delivered goods or rendered services must be submitted in writing to the Company’s registered business address or designated official email within 8 (eight) calendar days of delivery or service completion.
Failure to Notify: Claims submitted outside this 8-day notice window shall be deemed waived, and the deliverables will be considered accepted without reservation.
Applicable Law: These Terms, and all contractual relations arising from them, are governed exclusively by and construed in accordance with the laws of the Republic of South Africa.
- Jurisdiction: The parties consent to the non-exclusive jurisdiction of the High Court of South Africa (or the relevant Magistrates' Court having jurisdiction) for the resolution of any dispute arising out of or in connection with these Terms.