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Any references herein to male shall include female, singular include plural and vice versa
By signature hereof below, if a natural person, the Customer accordingly binds himself by these terms and, if the Customer is a juristic person, the signatory hereto warrants he is duly authorised to represent and bind the Customer accordingly.
Wherefore the parties agree as follows:
The Customer acknowledges that upon placing any order with YeahRacing for any goods to be delivered to or collected by the Customer he shall be liable to forthwith make payment of any invoices issued and presented by YeahRacing in respect of such goods ordered and delivered by YeahRacing to the Customer.
Should the Customer fail to make payment within 30 days of any invoice (whole or in part) being presented as aforesaid, YeahRacing shall, at its sole discretion, be entitled to levy interest at a rate of 2% per month on any such outstanding amounts owed by the Customer.
Any interest for which the Customer may be liable in terms of (i) above, shall be deemed to have been charged upon YeahRacing delivering to the Customer a letter of demand to make payment of such outstanding amounts and interest.
Should the Customer fail to act in accordance with the terms of such a letter of demand in terms of (ii) above, YeahRacing shall be entitled to immediately institute action against the Customer for, inter alia, the recovery of all unpaid invoices (whole or in part) as well as interest.
Should YeahRacing waive its entitlement to such interest, YeahRacing shall be entitled to immediately institute action for any unpaid invoices owing for a period of longer than 30 days.
Should YeahRacing, as a result of a Customer's breach of these terms, at its own discretion, enlist the services of a registered Debt Collector to recover any outstanding amounts (including interest), the Customer shall be liable further for all costs occasioned as a result of such services be employed, in accordance with section 19 of the Debt Collectors Act (114 of 1998).
Should YeahRacing, further, at its own discretion, employ the services of an attorney to address any breach by the Customer of any of the terms herein, the Customer shall be liable for all legal costs arising therefrom, at an attorney and client scale.
4. Defective Goods
Should the Customer, upon receipt of the goods ordered, establish that the goods are damaged or defective in any manner, the Customer undertakes to contact YeahRacing within 10 days to resolve the issue to the reasonable mutual satisfaction of both parties which may include but not be limited to: YeahRacing replacing the goods with alternate goods without defect or damage, refunding the Customer of the purchase price of the goods.
Should the Customer not contact YeahRacing within 10 days of receiving the goods, YeahRacing may refuse any recompense to the Customer and may further, at its sole discretion, impose a charge against the Customer of 20% on any goods replaced or refunded.
The Customer acknowledges that any goods not fully paid for in terms of an invoice issued by YeahRacing in accordance herewith, shall remain the exclusive property of YeahRacing and may be vindicated by YeahRacing at any time.
6. Domicilium and Notices
The Customer elects as its domicilium citandi et executandi the delivery address provided to the YeahRacing on its electronic registration system (which forms an integral part of this agreement) where it will receive all Notice and Court processes. Notwithstanding same, any notices or correspondence delivered by email (or otherwise) actually received by the Customer or a representative thereof shall be deemed to have been properly delivered.
7. Wholesale Order Cencellation
Wholesale account that cancel an order after a 24 hour period will be liable to a payment of 5% of the order for labor related tasks such as unpacking the order, cancellation on system and all documentation costs.