General Terms and Conditions
Desert Fruit (Pty) Ltd (Registration # 2005/283)
Farm Eagles Rest 475, Ariamsvlei, Karas Region, Namibia
1. The below are the General Terms and Conditions (“GTC”) in terms of which Desert Fruit (Pty) Ltd (“Desert Fruit”) agrees to sell, supply and deliver such goods in such varieties and quantities as the Applicant (as defined in the Credit Application Form to which this GTC is attached (“Credit Application”)) may specify in the Credit Application and subject to approval of the Credit Application, on the further terms and conditions agreed to between the Parties in the Customer Order Form(s) (downloaded from Desert Fruit’s official website and duly completed by the Applicant in respect of each order in accordance with the instructions therein and duly signed off by Desert Fruit as evidence of its agreement thereto (“Order Form”) (“Goods”) to the Applicant, ( hereinafter referred to as the “Work”).
2. Desert Fruit and the Applicant are hereinafter referred to as the “Parties” and either one as “Party”.
3. This GTC, must at all times be read together with the Credit Application and Order Form, which shall apply to all Work and shall apply throughout the course of the Work unless otherwise agreed in writing by Desert Fruit, as set forth herein.
4. Desert Fruit reserves the right to amend, modify or change the GTC from time to time in its sole discretion, without the requirement of advance notice to the Applicant, and such changes shall be applicable to all pending Work to the extent such Work has not been concluded upon the date and time of such change. Mere publication on Desert Fruit’s official website of the amended GTC shall be sufficient to deem the GTC amended and binding on the Applicant.
5. Other than the GTC, Credit Application and Order Form, any additional terms of trade suggested or proposed to be applied by the Applicant (“Additional Terms”) in respect of the Work, shall only be valid and effective if expressly agreed to by Desert Fruit in writing, and signed by an expressly authorized director of Desert Fruit.
6. In the event of any conflict between the Additional Terms and this GTC (as read together with the Credit Application and Order Form), the GTC shall prevail.
7. All terms relating to the delivery of Goods shall be those terms provided for in the Incoterms® published