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Terms and Conditions of Sale

TERMS AND CONDITIONS OF SALE

 

1.             THE CONTRACT

 

1.1     These terms and conditions will regulate the sale of the lubrication products (“the Products”) by Meyburgh Trust, Registration Number: IT 96/902 t/a lubricants online (“the Seller”) to you (“the Buyer”) and as ordered by the Buyer from the Seller’s website at www.lubricantsonline.co.za (“the website”).

 

1.2      The Buyer should read these terms and conditions thoroughly before placing an order for the Product as he/she/it will be requested to accept these terms and conditions. If the terms and conditions are not acceptable to the Buyer no order should be placed.

 

1.3        The Buyer should be at least 18 (eighteen) years old to enter into a valid and binding contract with the Seller.

 

1.4        Until such time as the Buyer’s order has been received and accepted by the Seller, in writing by e-mail at the e-mail address the Buyer has provided in this order, no contract for the sale of the Products will come into effect between the Seller and the Buyer. Furthermore the Seller shall be under no obligation to accept the Buyer’s order.

 

1.5      Once the Buyer’s order has been accepted by the Seller a valid and binding contract will be deemed to have come into effect between the Seller and the Buyer.

 

2.            SALE OF PRODUCT

 

2.1    The Buyer herewith purchases the Products specified in his/her/its shopping basket from the Seller at the quoted amounts as reflected in the total purchases window of the Buyer’s shopping basket and to which the delivery costs will be added (“the selling price”).

 

2.2           The base selling price of the Products shall be determined by the Seller, in its sole and exclusive discretion, from time to time.

 

2.3       The sale of all Products shall be subject to the availability thereof. In the event that the Products that the Buyer has ordered are not in stock and/or cannot be sourced the Seller will inform the Buyer thereof as soon as possible and refund or credit the Buyer with such amount which has been paid by the Buyer in respect of such Product.

 

2.4           Quantities of Products ordered by the Buyer are subject to availability. In the event of production difficulties or Product shortages, the Seller may allocate sales and deliveries at its sole discretion.

 

2.5      The selling price, description and specification of the Products ordered are as reflected on the Seller’s website at the time of the placement by the Buyer of his/her/its order.

 

2.6       While the Seller endeavors to ensure that the prices of the Products reflected on the Seller’s website are accurate at the time of the placement by the Buyer of the order, errors pertaining to the pricing of the Products or increases by the Supplier/Manufacturers which have not been relayed to the Seller on the date of the purchase, may occur. If an error is found to exist or the prices of any of the Products purchased by the Buyer may have been increased without the Seller’s website having been updated, prior to the shipping of the Products, the Seller shall inform the Buyer thereof and the Buyer shall have the option of reconfirming the order at the correct price or cancelling the order. If the order is canceled the Buyer will be refunded or re-credited for any sum that the Buyer has paid in respect of the Products.

 

2.7      All selling prices reflected on the Seller’s website are exclusive of VAT and which shall be added to the selling price on confirmation of the order.

 

2.8      The minimum quantity of Products that the Buyer shall be obliged to purchase with any single order shall be determined by the Seller, in its sole and exclusive discretion, and shall be reflected on the Seller’s website from time to time.

 

3.          PAYMENT

 

3.1      All payments shall be deposited into the bank account with the particulars provided by the Seller to the Buyer from time to time on the Sellers website within 30 (thirty) days from the date of the issue by the Seller of a pro forma invoice.

 

3.2       Unless agreed otherwise the Buyer shall pay the purchase price to the Seller, plus VAT thereon in cash, free of exchange, deduction or set-off before shipment and delivery of the Product to the Buyer. No shipment shall be made prior to clearance/authorization of the Buyer’s payment.

 

3.3       In the event that the Seller agrees to amended terms and conditions pertaining to payment and/or delivery of the Products the Buyer shall be obliged to take delivery of and make payment to the Seller of the total value of the Products purchased by the Buyer even in the event that the Buyer accepts delivery of the Products in more than one batch.

 

 

4.            DELIVERY

 

4.1           The Seller will ensure that the Products ordered by the Buyer will be delivered to the address provided by the Buyer within a reasonable time after the placement of a specific order, taking into account the volume of such order, the availability of stock and the co-ordinates of the delivery address.

 

4.2           Delivery costs are excluded from  the Selling Price, unless it is specifically indicated that it is included therein.

 

4.3           The Buyer shall not be entitled to return any Products properly supplied without the prior written consent of the Seller and in which event the Seller shall be entitled to payment of a handling charge calculated at the rate of 10% of the value of the Products supplied. In the event that such consent is provided the Buyer will be responsible for the return of the Products at the exclusive cost of the Buyer.

 

4.4       In the event that the Products are exported from the Republic of South Africa the Buyer will be responsible for complying with any and all legislation, regulations or bylaws governing the import of Products into the Country of destination. The Buyer shall furthermore be responsible for payment of all duties or taxes levied on the Buyer or the Products by the Country of destination.

 

5.          OWNERSHIP AND RISK

 

5.1        All rights of ownership attaching to the Products shall at all times remain vested in the Seller until such time as the Products have been fully paid for.

 

5.2        Notwithstanding the provisions of 5.1 above all risk in and responsibility for the Products shall pass to the Buyer on the date of receipt thereof by the Buyer.

 

6.          QUALITY AND LIABILITY

 

6.1       The Products are sold “voetstoots” and as they are and the Seller gives no warranties of any other nature in respect of the Products supplied and sold herewith.

 

6.2        The Seller does not provide any warranty in respect of the quality of the Products and does not warrant that Products will be fit for the use thereof by the Buyer for the purpose for which the Product is intended. The general warranties provided by the Supplier/Manufacturer of the Product, if any, shall be the only warranty in respect of the Product and any claim in respect of such warranty shall be made good by the supplier/manufacturer of such Product and the Seller shall have liability or obligation in respect of such warranty.

 

6.3       As the Products are sold by the Seller to the Buyer in the condition that it is received in from the Supplier/Manufacturer, the Seller does not guarantee the level of synthetic of the Product in the event that any synthetic or part/semi synthetic Products are purchased.

 

6.4       The Buyer herewith indemnifies and holds the Seller harmless against any loss, damage, expense and/or liability which it may suffer and/or incur following the delivery of the Products by the Seller to the Buyer in terms of this agreement or following the use of the Product by the Buyer, whether such Product was defective or not.

 

6.5      Without derogating from the generality of the foregoing, the Buyer herewith indemnifies the Seller and holds it harmless against any loss, liability, cost or damage suffered by the Buyer and/or third party, as the case may be, in relation to the Products, including but not limited to any indirect, contingent or consequential loss including loss of revenue, loss of business and loss of profit, howsoever arising.

 

6.6       The Seller shall not be liable for any loss, damage, expense and/or liability which it may suffer through the actions of the delivery company and such delivery company shall be solely responsible for any such loss, damage, expense and/or liability.

 

7.          INTELLECTUAL PROPERTY

 

The Buyer acknowledges that the intellectual property rights in and to the material and/or software contained on the Seller’s website and the trademarks and brands included therein shall vest with and remain exclusively the property of the Seller and the Buyer shall not be entitled to make use of such rights, trademarks or brands without the written consent of the Seller.

 

8.          FORCE MAJEUR

 

        The Seller shall not be liable for any delay in performance directly or indirectly caused by or resulting from acts of nature, fire, flood, accident, riot, war, government intervention, embargoes, strikes, labor difficulties, equipment failure, late deliveries by suppliers or other difficulties which are beyond the control, and without the fault of the Seller.

 
9.          CONFIDENTIALITY

 

The Seller shall take all reasonable precautions to ensure that the information and details obtained from the Buyer during the order and payment process remain secure. The Seller shall however not be liable in any manner for unauthorized access to information supplied by the Buyer to the Seller.

 

10.       GENERAL

 

10.1     In the event that the Seller institutes legal action for the recovery of any monies due in respect of the sale of any Products in terms hereof, the Buyer shall be liable for all legal costs incurred in such legal action on a legal practitioner and client basis and in addition thereto any collection charges levied by the said legal practitioner in respect of any monies collected.

 

10.2     The Buyer consents to the jurisdiction of the magistrate’s court in the Republic of South Africa having jurisdiction in terms of section 45 of the magistrate’s court act, in regard to any proceedings that may be instituted by the Seller against the Buyer in terms of this agreement, notwithstanding that the amount claimed may be beyond the jurisdiction of that magistrate’s court.

 

10.3      The Buyer choose as his/her/its domicile  citandi  et  executandi for all purposes under this agreement, whether in respect of court process, notices or other documents or communications of whatsoever nature (including the exercise or any option), the addresses as provided by him/her/it to the Seller when placing his/her/its order on the website.

 

10.4     This agreement constitutes the whole agreement between the parties relating to the subject matter hereof.

 

10.5    No amendment or consensual cancelation of this agreement and no extension of time, waiver or relaxation or suspension of or agreement not to enforce or to suspend or postpone the enforcement of any of the provisions or terms of this agreement shall be binding unless recorded in a written document and signed by the parties.

 

10.6      No extension of time or waiver or relaxation of any of the provisions or terms of this agreement shall operate so as to preclude any party thereafter from exercising its rights strictly in accord


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