Totally Kosher

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Terms & conditions of sale

A.        DEFINATIONS

In these Terms and Conditions of sale the following definitions apply:-

  1. “The Manufacture” (Mnf) means “Totally Kosher cc” (T.K):
  2. “The Customer” means the Person, close corporation, limited company, business, organization who has placed a verbal and/or a written order with “T.K” for the supply of any service or meals or food of any nature (“the goods”).

B.        CONDITIONS

These Terms and Conditions apply in preference to and supersede any Terms and Conditions referred to, offered or relied upon by “the Customer” whether in negotiation or at any stage in the dealings between “the Customer” and “the Mnf” with reference to “the goods” to which these Terms and Conditions relate. Without prejudice to the generality of the foregoing, “the Mnf” will NOT BE BOUND BY ANY STANDARD OR PRINTED TERMS FURNISHED BY “THE CUSTOMER” in any document unless “the Mnf” Specifically states in writing that it intends such Terms and Conditions to apply.

C.        DESCRIPTION OF GOODS

The description of “the goods” either by ”the Customer” or “the Mnf” has been given by way of identification only, and the use of such description shall not constitute a sale by description.

D.        Any sample of “the goods” supplied by “the Mnf” is supplied as a guide only and does not constitute a contract of sale by sample.

E.        All orders of “the goods” by “the Customer” are expressly subject to the availability of its components and “the Mnf” reserves the exclusive right to make any changes it feels appropriate.

F.        WRITTEN AGREEMENT

Unless there is a written agreement between “the Customer” and “the Mnf” the Price of “the goods” will be the price of “the goods” that are charged by “the Mnf” at the date of dispatch.” The Mnf” reserves the right to cancel or vary any customers order or quotation (including price) at any time until that particular order has been delivered or dispatched.

G.        DELIVERY

All times given for delivery (including collection by” the Customer” at “the Mnf” place of business) are approximate and whilst “the Mnf” will make all reasonable efforts to adhere to any delivery times, such times cannot be guaranteed by “the Mnf” and “the Mnf” will not accept liability of any nature whatsoever arising from delay in delivery of “the Customers” order of “goods”. ”The Customer” undertakes to accept and check “the goods” Immediately  for any damage or shortages without any undue delay upon arrival and sign all the necessary documentation of receipt. In the unlikely event that “the goods” are delivered in a damaged state or not as set out in the delivery note/invoice “the Customer” is to make a notification to that effect on “the Mnf” copy of the Delivery Note, point out to “the Mnf ‘s” Driver the damage and advise “the Mnf” by email within one hour of receipt of “the goods” of the said damages or shortage.  Once delivery has taken place unless “the goods” are damaged, all risk in “the goods” pass to “the Customer”.

In the event of any shortage “the Mnf” will endeavour to make up the shortfall as soon as possible.

It must be noted by ”the Customer” that if “the goods “are collected by “the customers” employee or agent such employee or agent is to check “the goods” for any damage before taking delivery thereof as no claim (for damage)  will be entertained by “the Mnf ” thereafter.

H.        DELIVERY BY A THIRD PARTY (E.G COURIER, AIRLINE OR A THIRD    PARTY)

In the event that “the  Customer “ requires  “the goods” to be delivered by a THIRD PARTY it is expressly recorded that the third Party is the Agent of “the Customer” and that delivering and /or handing “the goods” to the third Party constitutes delivery by “ the Mnf ” to “the Customer”. ”The Mnf ”will in that in the event that there be a delay of any nature or a failure to deliver “the goods” on time by the third Party “the Mnf ” cannot be held liable for any damages that “the Customer ” may suffer due any delay or otherwise by the third Party (“the Customers agent”).

I.        DELAY OF DELIVERY

Where delivery or collection is postponed, except through the default of “the Mnf”, “the Customer” shall be responsible for all costs, expenses or loss occasioned by the delay including any reasonable storage charge.

“The Mnf” is NOT obliged to accept cancellation of any order. ”The Mnf”, however, may accept such at their discretion but subject to a minimum charge of 30% (thirty per centum) of the value of the order. Where less than 24 (twenty four) hours notice is given, this minimum will increase to 50% (fifty) per centum.

J.        ALL SALES ARE FOR CASH ON DELIVERY

All sales are strictly on a CASH ON DELIVERY bases unless agreed to in writing. Any extension on credit allowed to “the Customer” may be changed or withdrawn by “the Mnf” at any time and “the Mnf” reserves the right at its sole discretion to demand payment in full at any time after the delivery of “the goods” to “the Customer“. In the event that “the Customer” enjoys Credit facilities Interest will be charge by “ the Mnf” on all overdue accounts at the rate of prime plus 3% (per centum) as determined by the Standard Bank of South Africa from date of delivery to date of payment both dates inclusive.

If in the opinion of “the Mnf” the credit worthiness of “the Customer” will have deteriorated prior to delivery, “the Mnf” may require full or partial payment for “the goods” prior to delivery. In the event that “ the Customer “make payment in any other manner than cash  “the Customer” is to provide proof of payment prior to the delivery of “ the goods “.

In the event that any payment is overdue by “the Customer” “the Mnf” reserves the right to cancel any contract or to suspend delivery of the goods “to “the Customer” without prejudice to any other of its legal rights and/or remedies.

In the event that “the Mnf” has handed over “the Customer” to an Attorney or Collection agency or in the event that any litigation in any court as set out below “the Customer” irrevocably agrees to pay in addition to all legal costs all costs on and attorney and client bases (or those of the Collection agency). In the event that “the Customer” is sued it is agreed that The Magistrates Court will have jurisdiction notwithstanding the amount sued for. Notwithstanding the above “the Mnf” may in its sole discretion institute legal action out of the High Court of South Africa.

K.        LIMITATION OF LIABILITY

No liability will be accepted by “the Mnf” for any failure of, or delay, in performance which is wholly or partially caused by circumstances which are not within the immediate control of “the Mnf”

L.        FROZEN OR MEALS TO BE HEATED

Where “ the Mnf “ provides (at the request of “the Customer” ) either frozen or ambient meals to be heated when needed “the Mnf “ will provide “the Customer “ with specific instructions to heat the meals by Microwave (Domestic or Industrial) which will be found either on or in the Box or both. “The Customer” expressly undertakes not to deviate from “the Mnf” instructions. “The Mnf” will not accept liability of any nature if “the Customer” does not adhere to these instructions.”

M.        ADHEARANCE TO RELIGIOUS DIETERY LAWS

All “the goods” delivered by “the Mnf” are Manufactured in accordance with the Religious dietary laws as in the case of Kosher goods as governed by the Johannesburg Beth Din (including the Cape Beth Din) (The Jewish Ecclesiastical Court) and in the case Halaal goods by the N.I.H.T (National Independent Halaal Trust).Certificates from the Johannesburg Beth Din (including the Cape Beth Din) and the National Independent Halaal Trust are available for perusal only on the following web sites:-www.totallykosher.co.za /www.totally-kosher.com / www.aqf.co.za

“The Customers” attention is drawn to the following:-

“Religious dietary laws require that the meal/s be served to the customer sealed. If the seal on the meal (plate) is broken before serving, the meal is no longer fit for Religious consumption. Always allow the customer to break open the seal to avoid any problem.”

N.        In the event that “the Customer” makes a written complaint about “the goods” “the customer” Irrevocably undertakes to provide forthwith to “the Mnf” the details of all the stickers viz the “due date and Batch number” and or instruction sheet/s so as allow “the Mnf “to investigate the complaint.

O.        “The Mnf” warrants that “the goods” are manufactured from the finest local and imported ingredients. “The Mnf”, however, gives preference to ingredients originating from South Africa.