Feeding a top quality diet is a vital part of successful fish breeding and keeping.
Feeding a top quality diet is a vital part of successful fish breeding and keeping.
Please read our terms and conditions of supply carefully. These terms and conditions contain specific provisions to limit the liability of Nutroscience, constitute an assumption of risk or liability by you and be an acknowledgement of certain facts by you. These terms and conditions have been set out in capital letters. You should pay particular attention to these terms since they limit your ability to recover losses.
1. Use of products, standards, specifications and storage
1.1 The products may only be used for the purposes and have the standards and specifications as are indicated on the packaging material. OTHER THAN THAT, NUTROSCIENCE DOES NOT PROVIDE GUARANTEES OR WARRANTIES, EITHER EXPRESS OR IMPLIED.
1.2 The products shall at all time be stored by the Customer strictly in accordance with the specifications of Nutroscience as appear on the packaging material thereof.
2. Exclusion and limitation of liability
2.1 NUTROSCIENCE SHALL NOT BE LIABLE FOR ANY DAMAGE WHATSOEVER (INCLUDING CONSEQUENTIAL DAMAGE) SUFFERED BY THE CUSTOMER AND/OR ANY OTHER USER OF THE GOODS AS A RESULT OF ANY LATENT OR PATENT DEFECTS IN THE PRODUCTS UNLESS CAUSED AS A RESULT OF A DELIBERATE OR NEGLIGENT ACT OR OMISSION ON THE PART OF NUTROSCIENCE.
2.2 THE CUSTOMER HEREBY INDEMNIFIES AND HOLDS NUTROSCIENCE HARMLESS AGAINST ALL ACTIONS, PROCEEDINGS, COSTS, DAMAGES, CLAIMS AND DEMANDS OF ANY KIND WHATSOEVER AND HOWSOEVER ARISING FROM ANY CAUSE WHATSOEVER INCLUDING A BREACH BY THE CUSTOMER OF ITS OBLIGATIONS HEREUNDER IN RESPECT OF OR IN RELATION TO THE USE OF THE PRODUCTS, UNLESS CAUSED AS A RESULT OF A DELIBERATE OR NEGLIGENT ACT OR OMISSION ON THE PART OF NUTROSCIENCE.
2.3 THE AGGREGATE LIABILITY OF NUTROSCIENCE FOR ANY CLAIMS ARISING IN CONNECTION WITH THE SUPPLY OF THE PRODUCTS WILL BE LIMITED TO THE ACTUAL PRICE PAID OR PAYABLE IN RESPECT OF THE PRODUCTS CONCERNED, SAVE TO THE EXTENT THAT SUCH LIABILITY CANNOT BE EXCLUDED OR LIMITED BY LAW.
3. Delivery
3.1 Delivery of the products shall deem to have taken place at the premises of Nutroscience appearing on the face hereof (“the Premises”) or Nutroscience’s relevant distribution centre where delivery actually takes place. Nutroscience shall not be liable to the Customer in respect of the late delivery of products or for any damage to the products or losses suffered:
during the loading of the products;
due to loss in mass or volume of products during conveyance;
due to damaged packaging materials; or
during the conveyance of the products, howsoever arising, including pilferage, hi-jack, overturn, fire/theft or forced entry of vehicles.
3.2 The Customer is responsible for the provision of its own labour to on- and off-load vehicles which shall be conducted expeditiously and orderly. The Customer shall not in any manner refuse or delay delivery.
3.3 NUTROSCIENCE SHALL NOT BE HELD LIABLE FOR ANY DAMAGES AND/OR INCONVENIENCE SUFFERED BY THE CUSTOMER AS A RESULT OF A DELAY IN THE DELIVERY OF THE PRODUCTS ORDERED.
4. Passing of Risk
Notwithstanding the provisions of paragraph 5 below, the risk in and to the products shall deem to have passed to the Customer from the time of delivery thereof.
5. Retention of Ownership
Ownership of the products shall remain vested in Nutroscience until the Customer has paid to Nutroscience the full purchase price in respect thereof.
6. Claims and Claims Procedure
Claims shall be submitted by the Customer to Nutroscience in writing within seven (7) days after date of delivery of the products concerned, failing which it shall be deemed that the products have been received in good order and condition and in conformance with the order place by the Customer. THE QUANTUM OF ANY CLAIMS BASED UPON DAMAGED, LOST OR DESTROYED PRODUCTS SHALL BE EQUAL TO THE PURCHASE PRICE THEREOF TO THE CUSTOMER, LESS VALUE ADDED TAX.
7. Payment Terms
7.1 Payment terms in respect of the products will be as agreed between Nutroscience and the Customer from time to time. Failing agreement to the contrary, payment shall be on delivery without any deduction or set-off.
7.2 When payment is overdue, Nutroscience shall be entitled to suspend any further delivery of products to the Customer without notice and without prejudice to any other legal remedy.
7.3 If Nutroscience institutes legal action against the Customer arising out of breach, the Customer will be liable for all legal costs incurred on the scale as between attorney and client, including collection commission.
8. Security Arrangements
The Customer, its employees, representatives and agents shall at all times comply with all Nutroscience’s security regulations and all appropriate security checks imposed by Nutroscience from time to time at the Premises or any of its distribution centres, which measures may include the checking of vehicles at security gates and examination of products conveyed.
9. General
9.1 The relationship and arrangements between Nutroscience and the Customer will in all respects be governed by and construed under the laws of the Republic of South Africa.
9.2 Failure by Nutroscience to enforce its rights from time to time shall not be construed as a waiver of such rights.
9.3 Any variations hereto shall only be binding when reduced to writing and signed by both Nutroscience and the Customer. Unless agreed to the contrary in writing by Nutroscience and the Customer, these terms and conditions supersede any terms and conditions purportedly imposed by the Customer.
