We use reasonable security methods to protect the data that resides on our servers. However, no security system is impenetrable. We cannot guarantee the security of our servers, nor can we guarantee that information that users supply will not be intercepted while being transmitted to us over the Internet.
We use Internet standard encryption technology (“SSL” or “Secure Socket Layer” technology) to encode personal data that you send to us through the Enquiry form and other forms used through the Website. SSL works by using a private key to encrypt data that’s transferred over the SSL connection. To check that you are in a secure area of the Website before sending personal data to us, please look at the website browser and check that it displays an image of a closed padlock or an unbroken key.
However, please note that whilst we take appropriate technical and organizational measures to safeguard the personal data that you provide to us, no transmission over the Internet can ever be guaranteed secure. Consequently, please note that we cannot guarantee the security of any personal data that you transfer over the Internet to us.
Questions regarding this policy should be directed to firstname.lastname@example.org. We reserve the right to modify this policy effective seven (7) days after the posting of the revised policy.
8. SHORT SUPPLY
14. EXPORT ORDERS
17. Terms of service
20. Cookie Law
“Alizay” means ALIZAY PROPERTIES 34 (PTY)LTD and any associated group companies with registered office at 190 Longleat Ave, Chartwell, Randburg, Gauteng, South Africa 2191, company number 2009/004000/07.
- Save as set out in Clauses 1(b), 1(c) and 7(g) below and the other terms of this Agreement, or as otherwise agreed in writing between the parties, Puresan will supply Puresan Goods and Services against orders placed by the Customer and which are accepted and confirmed by Puresan. Subject to Clause 18 below, all orders or variations to orders once accepted by Puresan may not be revoked or cancelled by the Customer without Puresan’s prior approval.
(b) In relation to bulk trailers for scheduled deliveries, Puresan will use reasonable endeavours to deliver such Goods in appropriate quantities and frequency having regard to the Customer’s average Goods consumption rate based on historical data held by Puresan and the Container or Customer Equipment storage capacity or telemetry data if available to Puresan. The Customer’s attention is drawn to its obligations under Clause 3(f) below.
(c) Dates for completion of Services will be subject to further agreement between Puresan and the Customer.
(d) Except as set out in the Clause 1(o), deliveries of all goods, non-scheduled bulk Puresan Goods will be made during Puresan scheduled delivery rounds. Any dates quoted for such delivery rounds are estimates only and Puresan shall have no liability if the delivery is not made at the time originally quoted. The Customer shall be entitled to amend any delivery date by providing written notice to Puresan no less than 24 hours prior to the original intended delivery time.
(e) Where Puresan is unable to supply the Puresan Goods or Services ordered, in accordance with its scheduled delivery obligation under Clause 1(b), any agreed date under Clause 1(c), or for all deliveries/performance covered by Clause 1(d) within what Puresan at its discretion considers to be a reasonable period, Puresan shall endeavour to notify the Customer in advance and offer it the following options:
- offer alternative delivery times (including split deliveries) for the affected Puresan Goods or Services; and/or
- where possible, offer alternative Puresan Goods or Services of equivalent quality or quantity; and/or
- offer to cancel the part of the order relating to the Puresan Goods or Services that Puresan is unable to supply;
The options above are in addition to any rights the Customer may have under Clause 18 below. If Puresan offers the options set out above (where possible), then Puresan shall not be deemed to have delayed or failed such delivery for the purposes of the rest of this Agreement.
(f) The Customer acknowledges that collection of Containers from an Puresan site or agent shall be at the Customer’s own risk and that the Customer is responsible for handling and transporting the load safely, training the driver on the hazards of the Containers and compliance with all relevant legislation including (without limitation) the National Road Traffic Regulations, 1999.
(g) Puresan reserves the right to introduce an electronic identification system for Containers. If such a system is introduced, any delivered, returned or collected Containers will be reconciled against the account of the Customer to which they were supplied.
(h) Prior to signing such delivery note/waybill the Customer shall inspect the Puresan Goods to satisfy itself that these conform in all respects to the quality and quantity ordered and are free from any defects. Once signed by or on behalf of the Customer Puresan’s delivery note/waybill shall be conclusive evidence of the quantity of the Puresan Goods delivered.
(i) Subject only to Clause 18(c), failure by Puresan to deliver or perform by any time specified by Puresan shall not entitle the Customer to terminate this Agreement and time shall not be of the essence in respect of deliveries or performance.
(j) If delivery and/or collection of any Puresan Goods or provision of Services, cannot be made due to the act or omission of the Customer (or the act or omission of any employee, agent or contractor of the Customer), the items shall be deemed to have been delivered/collected and Puresan may charge for waiting time, abortive journeys or part deliveries and for storage thereof until delivered.
(k) Puresan can provide a certificate of analysis for the supplied on the Customer’s prior written request upon reasonable notice. Puresan reserves the right make an additional charge for this.
(l) Puresan may suspend deliveries of storage or handling equipment or process equipment to be used by the Customer is considered by Puresan not to be safe.
(m) Subject to Clause 18, Puresan shall, at its discretion, determine whether or not to accept the return of Goods that are not defective and where accepted such returns will be subject to Puresan’s Returns Policy and may also be subject to an administrative fee, as per the Standard Rates of Puresan Rates (copies of which are available on request or at www.puresan.co.za). Puresan may, in its discretion, grant credit to the Customer for full unused and properly sealed Puresan Containers. No refund shall be made or credit given for unused products which are returned to Puresan in broken packaging or Containers without intact Puresan seals.
(n) Where the Customer requires a delivery outside the normal quoted delivery, such a delivery will be regarded as an emergency delivery. If Puresan is able to deliver the Goods and/or Puresan Equipment then Puresan may charge the Customer an emergency delivery charge, as per the Standard Rates of Puresan (available on request). Puresan does not guarantee to make emergency deliveries, but will use reasonable endeavours to do so, subject to availability of resources. Puresan reserves the right to charge for any emergency call out of our technical staff where such call out is required due to circumstances outside of Puresan’s control or for a reason which is not Puresan’s fault.
(o) All Puresan Goods taken on an evaluation or consignment basis by the Customer are deemed sold if not returned within 30 days of issue in the original condition, in the original packaging and with all accessories and manuals intact.
The Customer shall:
(a) provide free of charge adequate and safe access to the Customer’s sites, information, documents and facilities (including labour for loading and unloading of Puresan Goods and the provision of electricity and materials for use during testing and commissioning) as are reasonably necessary for Puresan (subject to Puresan complying with a Customer’s reasonable site safety rules) to carry out its duties and rights under this Agreement;
(b) be responsible for the safe custody of Puresan’s and its sub-contractors’ property left on the Customer’s site for the purposes of installation, commissioning, maintenance and removal of Puresan Equipment and for the performance of any other Services;
(c) insure Puresan Equipment to its full replacement cost against “all risks” and against all normal public liability risks. All insurance shall be on terms satisfactory to Puresan;
(d) ensure that all work and materials for which the Customer is responsible meet and comply with all legal and statutory requirements and with Puresan’s specifications;
(e) obtain all necessary consents and comply with all legal obligations in connection with installation or use of any Puresan Equipment, Goods and/or any Services performed at the Customer’s or its nominee’s site;
(f) notify Puresan immediately if at any time it: (1) anticipates a significant change in its consumption rate; or (2) it becomes aware of any defect, malfunction or damage to Puresan Equipment or Customer Equipment (including but not limited to any telemetry fitted); or (3) reasonably believes, based on current usage and historical frequency of deliveries by Puresan, that it will run out of any goods;
(g) keep and return all Puresan Equipment in a clean and serviceable condition. If they are not, the Customer will report any loss or damage promptly and pay a sum equal to (1) the cost of new Puresan Equipment if the Puresan Equipment is lost or damaged beyond repair, or (2) the cost of restoring the Puresan Equipment to a clean and serviceable condition;
(h) not mortgage, pledge, sell or lend Puresan Equipment to a third party;
(i) subject to Clause 5, not part with possession of Puresan Equipment to a third party, including allowing a third party to return the Containers to Puresan for refilling or otherwise;
(j) not obliterate, remove or deface identification marks or notices on the Puresan Equipment and/or alter or tamper with Puresan Equipment without the prior written consent of Puresan;
(k) comply with any operating manual (or other instructions) provided, and not otherwise adjust, repair or interfere with Puresan Equipment;
(l) be responsible for the safety and condition of, and comply with applicable legal requirements in respect of, any Customer Equipment and other Customer-owned equipment, goods or materials used in connection with and attachments to Puresan Equipment;
(m) be responsible for any risks to health or safety from Puresan Equipment and Goods in the Customer’s possession and/or control. The Customer acknowledges that the Customer has received the relevant Safety Data Sheets and that it is aware of the cautionary labels attached to Puresan’s equipment, the precautions for the use of as set out in the South African Bureau of Standards’ Code of Practice SANS10019:2001 (and all its amendments), and those contained on the products themselves (including but not limited to the hazards and dangers of), the Occupational Health and Safety Act 85 of 1993 and the Instruction Booklets/Charts published by Puresan which are available on request. The Customer undertakes as “user” of the Goods and Puresan Equipment to draw the above to the attention of all persons using, handling or transporting the Goods and Puresan Equipment, and indemnifies Puresan against any and all claims that may arise as a result of the Customer’s failure to do so; and
(n) ensure that it and all of its employees, contractors and subcontractors comply with all legislation (including but not limited to the Occupational Health and Safety Regulations, Environmental Impact Assessments, flammable licenses, etc.), municipal by-laws and the like thereof (“laws”) applicable to the use of the Goods on its premises and indemnifies Puresan against any and all liability incurred by Puresan as a result of the Customer or any of its employees’, contractors’ or subcontractors’ failure to comply with the laws. Puresan reserves the right to remove the Goods and/or Puresan Equipment when justified due to safety issues.
(a) Property in any Goods and/or Gas shall only pass to the Customer on receipt by Puresan in full of:
- the price (and value-added tax in terms of the Value-Added Tax Act 89 of 1991 “VAT”) for the relevant Goods and
- all other sums due from the Customer under this Agreement; and
- all sums due from the Customer under any other contracts, agreements or arrangements between the Customer and Puresan.
(b) Puresan Products remains, as between Puresan and the Customer, the property of Puresan and is supplied to the Customer for the Customer’s sole use.
(c) The Customer shall have no rights over any other property of Puresan or its contractors brought onto the Customer’s or its nominee’s site.
(d) Until such time as the property in any Goods has passed to the Customer under Clause 4(a) the Customer shall:
- hold such Goods and as a fiduciary of Puresan;
- not pledge or allow any encumbrance, lien, charge or other interest to arise or be created over the Goods and
- not dispose of or deal with the Goods and or any documents of title relating to them or any interest in them, except that the Customer may, without prejudice to Clause 4(d)(1), and subject to the other terms of this Agreement, on its own account use the Goods and in the ordinary course of its business.
(e) The risk of loss or damage to Puresan Goods shall pass to the Customer upon delivery to or collection by the Customer.
(a) The Customer may not re-sell Goods supplied by Puresan unless it has received the prior written consent of Puresan. Such consent shall be at the discretion of Puresan and shall be subject to the Customer’s agreement to further contractual terms with Puresan, including indemnities.
Transaction Currency is South African Rand ZAR
- The prices for the Puresan Goods and Services will be adjusted by Puresan from time to time to reflect changes in Puresan’s costs, which may occur with or without notice to the Customer, but such changes shall not affect orders that have already been accepted by Puresan. In addition, Puresan may at its own discretion, levy any of the charges (e.g. waiting time, free rider etc.) as set out in the Standard Rates of Puresan available on www.puresan.co.za. It is the responsibility of all Customers without contracted pricing to satisfy themselves of the acceptability of the current prices and charges before placing an order. This Clause 5(a) shall not apply to the extent that it conflicts with the provisions of a signed supply contract between the Customer and Puresan.
- Unless otherwise agreed, rental charges for Puresan Equipment are payable in advance from the earlier of (1) collection or delivery of the Puresan Equipment; or (2i) the commencement date. If delivery, installation or commissioning of Puresan Equipment cannot be carried out on the agreed date(s) due to the act or omission of the Customer (or the act or omission of any employee, agent or contractor of the Customer), Puresan may charge the rental charge or a proportion thereof during the period of delay.
- When a Customer rents Puresan Equipment which is additional to and of the same type as Puresan Equipment already rented on a yearly payment frequency this Puresan Equipment will be charged immediately on a yearly payment frequency, a proportionate part of the full yearly payment being charged for the part of the period that remains, until the next yearly payment is due for the Puresan Equipment already rented on yearly payment frequency.
- Puresan shall be entitled to invoice each delivery/performance separately. Puresan will provide the Customer with a tax invoice: (1) for cash sales at the point of delivery/performance; or (2) for credit approved Customers a tax invoice will be dispatched shortly after order processing. Puresan will also provide a monthly statement to account Customers where there have been transactions on the account during that month.
- The Customer agrees that the full amounts for all Puresan Goods and Services ordered shall be due and payable by it, either: (1) cash at the point of ordering/delivering; or (2) if the Customer is a credit approved Customer, full payment must be received by Puresan in cleared funds within the granted credit period (as notified by Puresan from time to time) measured from the date of the relevant monthly statement. The risk of payment by cheque through the post rests with the Customer.
- Puresan may at its absolute discretion increase or decrease credit terms provided to the Customer. Without prejudice to its other rights or remedies (including its rights of termination) Puresan may withdraw any credit terms provided to the Customer in the event that the Customer fails to make any payment due to Puresan.
- Puresan reserves the right to introduce electronic invoicing. If Puresan introduces electronic invoicing Puresan reserves the right to charge any additional costs Puresan incurs in generating paper invoices or non-standard invoices for the Customer.
- All quotations:
- will remain valid for a period of 30 days from the date of quotation; and
- are subject to the availability of the relevant, Puresan Goods and Services; and
- (are subject to the correction of good faith errors by Puresan.
For the avoidance of doubt quotations shall not affect Puresan Goods or Services which are subject to contracted pricing.
- Puresan should be notified of any error on an invoice or online order confirmation within 14 days of date of the invoice or online order confirmation, as the case may be. By paying an invoice/online order confirmation the Customer certifies that the invoice is correct and waives any rights to challenge such invoice/online order confirmation at a later date.
- The Customer agrees that where it fails to pay any sum by the due date Puresan may at its discretion: (a) charge interest on the overdue debts at an annual rate equal to 5% above the prime overdraft rate charged by First National Bank, if that Act is not applicable. Such interest shall be calculated daily and compounded monthly from the date payment first became overdue; and/or (b) apply a late payment penalty fee at the then applicable rate as set out in the Standard Rates (copies of which are available on request or at www.puresan.co.za).
(k) All prices and charges are expressed exclusive of VAT which shall be charged and paid as applicable.
(l) If at any time Puresan’s costs change due to government action or to a change in the law, Puresan reserves the right to adjust prices to take account of such change in its costs.
(m) If the price variation indices (or any substitute indices) are changed or discontinued, Puresan will adopt an appropriate substitute.
(n) Where Puresan charges rent on Puresan Equipment, payment of a rental invoice is deemed conclusive (subject to transactions prior to the date of invoice which have not been included in the invoice and subject to (p) below as to the Customer’s holding of Puresan Equipment during the period to which the invoice relates.
(o) If the Customer has an Puresan Equipment holding that is greater than is recorded by Puresan, Puresan reserves the right to amend its records and charge the Customer the correct amount accordingly.
(p) Puresan shall have the right upon reasonable notice to enter the Customer’s sites to audit and inspect any Puresan Equipment.
(q) If the Customer returns Puresan Equipment which is subject to an annual rental period without taking replacements before the rental period paid for expires, a pro rata refund will be made for any whole month(s) unexpired.
(r) Puresan reserves its rights to levy deposits on Puresan Equipment which deposits will be repaid to the Customer on the return of the Puresan Equipment. The Customer shall neither cede the deposit refund claim to any third party nor the cede possession the Container to a third party in lieu of the deposit.
(s) Where the Customer is a juristic person the Customer undertakes to inform Puresan in writing within 7 days of any change greater than 20% of the legal or beneficial ownership of the Customer, and failure to do so will constitute a material breach of this Agreement. Upon receipt of such written notification, Puresan reserves the right, at its sole discretion, to withdraw any credit facility advanced to the Customer.
(t) Any item handed in for repair may be sold by Puresan to defray the cost of such repairs if the item remains uncollected within 30 days of the repairs being completed. Any excess balance will at Puresan’s discretion be offset against the Customer’s account or paid to the Customer.
(u) Any item delivered to Puresan for repair shall serve as pledge in favour of Puresan for present and past debts and in the event of any breach of Agreement by the Customer Puresan shall be entitled to retain or realise such pledges as it deems expedient at the value as determined by a sworn valuator and such valuation shall be conclusive proof of the value. The sworn or realised value of pledged Goods will be offset against the Customer’s debts, the valuators expenses deducted and any excess balance will be paid to the Customer.
(v) All amounts due shall be paid by the Customer in full without any set-off, counterclaim, deduction or withholding whatsoever as per agreed terms.
(w) The Customer hereby consents to the storage and use by Puresan of the personal information that it has provided to Puresan for providing any trade references requested by the Customer and establishing its credit rating and to Puresan disclosing such information to credit control companies, banks and other institutions involved in rating credit. Puresan shall at all times, and as it is required to, comply with the provisions of the Protection of Personal Information Act, 2009 in the collection and use of this information. The Customer agrees that Puresan will not be held liable for the good faith disclosure of any of this information to such third parties and that no further specific consent needs to be obtained for the transfer of such information to a specific third party.
- All Services and Orders must be paid for in advance in accordance with the specific provisions of that Service or Order. It is not possible to provide early payment and terminate the order.
- Payment will be due on the basis of the Service and/or Order You have selected.
- You will be invoiced automatically for the order of your current payment plan. You have cancelled the Services in accordance with clause 3.1. Payment of the Price will be taken via the payment method specified will be non-refundable. In cases of failed payment, the invoice will become due and payable to in its entirety.
- reserves the right to change the Prices and/or nature of its Services by giving You written notice of those changes. Notice of changes to Prices and/or Services will be given by e-mail to the e-mail address held in Your Account. If You have already purchased a particular Service or goods, then the change in the Price or nature of that Service will only become effective when the Service reaches the end. You will be charged the new Price when the Service is automatically renewed at the end of the current term.
- All payments must be made in South African Rands, inclusive of applicable taxes.
- You warrant that You are authorised to make payment using the payment card or facility You disclose to. In the event that You are not the named card holder, you acknowledge that You and the party who is the named card holder both accept ‘ Terms & Conditions and are jointly and severally liable for the payment of all Prices for which payment will be taken from the payment card. You will indemnify and hold harmless in the event that the cardholder or issuer declines any transaction for payments to, including all of costs in administering Your non-payment and obtaining payment of those Prices due.
- reserves the right to suspend all Orders until payment is received in full and all outstanding debt is cleared. Any non-payment of a recurring invoice may be subject to an administration charge. You are responsible for all money owed on the account from the time it was established until accepts Your cancellation request. You are responsible for any additional costs incurred by in the collection of outstanding debt.
- You are required to have a valid email address and credit/debit card and/or PayPal account registered to Your account at all times, failure to do so will result in automatic suspension of Your account. If You cancel Your credit/debit card and/or PayPal account for any reason You must immediately notify and provide details of a current valid payment card and/or PayPal Account.
- Payments processed by PayPal, are subject to PayPal’s terms and conditions of Service, and makes no representations or warranties with respect to those Services.
- No bills or invoices will be sent by regular mail. All invoices will be sent directly to You via email shortly after the purchase.
- If You fail to pay all Prices due, reserves the right to interrupt, suspend or cancel the Orders to You. Such interruption, suspension or cancellation does not relieve You from paying all contractually obligated invoices to.
- Please refer to Service Specific Terms & Conditions including but not limited to, for specific payment policies.
- Any unused Credit notes on Your Account will be taken in payment of Your Service. Where the value of the unused Credit note is less than the total payment due, the remainder of the balance will be taken from the current payment method on Your account.
- If You withdraw any payments made via a bank, credit card or PayPal account (a “chargeback”) will either defend such chargebacks directly with the card issuer, or take appropriate steps to recover the original monies from You in addition to an administration fee +VAT for each inappropriate chargeback raised.
- If a chargeback is made, reserves the right to immediately interrupt, suspend or cancel all orders within your Account. Such interruption, suspension or cancellation does not relieve You from paying all contractually obligated invoices to.
- Charges due on a pre-pay basis (together with order shipping fees, where applicable), are non-refundable.
- In the event that Puresan cancels Your Service for reasons other than Your breach of contract, you will be entitled to a pro rata refund based upon the remaining order of Your current ordered items.
- If You contravene Your Agreement with Puresan, a refund will not be issued in the event of a cancellation.
- Credit notes can only be used for payment (or partial payment) of Your Orders which were not dispatched.
(a) Puresan shall have no liability of whatsoever nature, howsoever arising subject to this Clause 7 and Clause 16. Notwithstanding any other provision of this Agreement, but subject to Clause 7(b), Puresan shall have no liability arising out of or in connection with this Agreement, the Goods or the Services, howsoever arising, for any:
(1) other loss or damage (whether direct or indirect); or
(2) loss of or damage to revenue, profits, savings, use, contracts, goodwill or business (whether direct or indirect); or
(3) consequential or indirect loss or damage.
When used or referred to in this Clause 7 the term “howsoever arising” shall cover all causes and actions giving rise to liability whether in contract, delict (including negligence), restitution, for breach of statutory duty, misrepresentation or otherwise.
(b) Nothing in this Agreement limits or excludes either Party’s liability:
(1) for death or personal injury to the extent that it results from that Party’s negligence; or
(2) for fraud or fraudulent misrepresentation; or
(3) to the extent not permitted by law.
(c) Puresan accepts liability, to the extent that it results from breach of contract or Puresan’s gross negligence in connection with the performance of this Agreement, for the Customer’s proven losses, costs, expenses or damage:
(1) caused by Puresan supplying any defective Puresan Goods up to a limit of an amount equal to Puresan’s price for the relevant Puresan Goods, for any one incident; and
(2) arising from delay or failure by Puresan in delivery of any Puresan Goods up to a limit of an amount equal to Puresan’s price for the Puresan Goods that Puresan has failed to deliver or, for any one incident; and
(3) resulting from the provision of Services by Puresan in return for a specific fee up to a limit of the amount of the fee received for such Services.
(d) The provisions of Clause 7(c) shall not apply to physical damage to the Customer’s real property and Puresan accepts liability for physical damage to the Customer’s real property to the extent that it results from willful breach of contract or Puresan’s gross negligence in connection with the performance of this Agreement subject to a limit per claim or series of claims arising out of the same event or circumstances.
(e) Puresan shall not be liable for any shortage, loss, damage or discrepancy in Puresan Goods or failure to perform the Services unless notified to Puresan in writing within 14 days of completion of the Services or receipt of the relevant Puresan Goods by the Customer. This exclusion of liability shall not apply if the Customer proves that it was not reasonably possible to notify Puresan within this time period, and such notification was given as soon as was practicable and in any event within 14 days after the Customer became aware, or could reasonably be expected to have become aware, of the claim. If acceptance tests are provided in this Agreement for Puresan Goods or Services, this Clause 7(e) shall not apply to such Puresan Goods or Services and the Customer shall be deemed to have accepted the Puresan Goods or Services upon successful completion of those tests.
(f) Subject to the other terms of this Agreement (and in particular Clause 16), where any shortage, loss, damage, defect or discrepancy in Puresan Goods and/or failure to perform the Services is notified to Puresan in accordance with Clause 7(e), Puresan shall at its option rectify the shortage, loss, damage or discrepancy in the Puresan Goods free of charge, re-perform the Services or refund or forego an appropriate proportion of the price for the Puresan Goods or Services. If Puresan complies with this obligation it shall have no further liability in respect of, or arising from the relevant Puresan Goods or Services under this Clause 7(f).
(g) Under no circumstances shall Puresan be liable for any damage arising from any misuse, abuse or neglect of the Puresan Goods by any person other than Puresan or its employees or authorised agents.
(h) The Customer shall indemnify and keep indemnified and hold harmless Puresan at all times against all claims, demands, liability, loss, damages, costs (including legal costs on a full indemnity basis) and expenses incurred by Puresan arising out of or in connection with Puresan’s presence on the Customer’s or its nominee’s site except to the extent caused by the negligence of Puresan.
(i) The Customer and Puresan both recognise that it is open to either party to consider insuring against the risks apportioned in this Clause 7.
(a) In the event of part or all of Puresan’s supply of Factored Products from their Product Source being interrupted for any reason then for the duration of the period Puresan is affected by such cause Puresan may (where possible) obtain such Factored Products from another source, in which case Puresan reserves the right to implement a surcharge for the duration of the affected period to recover its additional costs, such additional costs to be notified to the Customer in advance. If the Customer objects to such price increase, then Puresan shall cease supplying the relevant Factored Products for the remainder of such period of interruption but this shall not be deemed to be a failure or inability to supply for the purposes of the remainder of this Agreement. In the event that Puresan is unable to find an alternative source of the Factored Products then Puresan’s obligation to supply the relevant Factored Products shall be deemed to be suspended for the duration of the interruption. This Clause shall not prejudice any rights the Customer may have under Clause CONSUMER ORDERS PLACED ONLINE (c). For the avoidance of doubt this suspension shall not be deemed to be a failure by Puresan to supply but it shall be an inability to supply allowing the Customer to exercise its rights (where relevant) under Clause.
(b) If Puresan’s performance of any of its obligations under this Agreement by its normal means is prevented or delayed due to any war, civil disturbance, riot, government action, state of emergency, act of God, interruption of utilities, strike or labour dispute, or any other cause beyond Puresan’s reasonable control, that obligation shall be suspended during the period Puresan is affected by such cause.
(c) In the event of Puresan’s supply of Goods (which are not Factored Products) from their Product Source being interrupted under Clause (b) and for the duration of the period Puresan is affected by such cause Puresan may obtain such Goods from another source, in which case Puresan reserves the right to vary the price for the duration of the affected period to recover its additional costs, such additional costs to be notified to the Customer in advance. If the Customer objects to such price increase, then Puresan’s obligation to supply shall remain suspended under Clause (b) above.
(a) Without affecting any other rights or remedies that Puresan may have, Puresan may cancel any order the Customer has placed and/or terminate this Agreement immediately at any time by written notice to the Customer if the Customer:
(1) has any corporate action, application, order, proceeding or appointment or other step taken or made by or in respect of it for any composition or arrangement with creditors generally, winding-up other than for the purpose of a bona fide scheme of solvent reconstruction or amalgamation, dissolution, administration, receivership (administrative or otherwise) or bankruptcy, or if it is unable to pay its debts as they fall due, or if it ceases to trade or if a distress, execution or other legal process is levied against any of its assets which is not discharged or paid out in full within three working days or if any event analogous to any of the foregoing shall occur in any jurisdiction in which the Customer is incorporated, resident or carries on business; or
(2) fails to make any payment due to Puresan; or
- there is a material change in the ownership of the shares in the Customer, or any parent company.
- Without prejudice to either party’s other rights and remedies either party may terminate this Agreement by written notice at any time if the other party is in material breach of any of its terms and (in the case of a remediable breach) the breach is not remedied within 28 days of receipt of a notice specifying the breach and requiring it to be remedied.
- Without prejudice to its other rights or remedies (including its rights of termination) Puresan may elect to suspend performance of all or any of its obligations under this Agreement by written notice to the Customer upon the occurrence of any of the events specified in Clauses (a)(1), (a)(2) or (b). In the case of a remediable breach referred to in Clause (b) Puresan may elect to suspend performance upon the occurrence of the breach and shall not be required to wait until the 28-day period referred to in Clause (b) has expired.
(b) Termination shall be without prejudice to any accrued rights of either party.
(c) If this Agreement is terminated and any charges which are payable in instalments are still outstanding, an amount representing the outstanding instalments shall become due and payable by the Customer on termination of this Agreement.
(d) The Customer shall be liable to Puresan for all legal expenses on the attorney-and-own-client scale incurred by Puresan in the event of (a) any default by the Customer or (b) any litigation in regard to the validity and enforceability of this Agreement. The Customer shall also be liable for any tracing, collection or valuation fees incurred as well as for any costs, including stamp duties, for any form of security that Puresan may demand.
(e) Upon termination of this Agreement for any reason Puresan will at the Customer’s cost remove all the Puresan Equipment from the Customer’s premises, or where the Customer opposes such removal Puresan shall render the Puresan goods unusable. Failure by Puresan to remove any Puresan goods within any set period shall not preclude Puresan from removing the Puresan goods at a later date, nor shall it allow or infer that the Customer may take ownership of the Puresan goods. The Customer agrees that no storage charges will be levied against Puresan if the Puresan goods are not removed by Puresan within any set period.
(a) Puresan’s trade marks and names shall not be used otherwise than as applied by Puresan to Containers and other Puresan Goods and Services.
(b) No right or license is granted under this Agreement to the Customer under any patent, trade mark, copyright, registered design or other intellectual property right, except the right to use or re-sell the Goods as permitted under this Agreement. No warranty is given as to whether that use or re-sale will infringe the rights of any third party.
(c) Any know-how, information or documents supplied at any time by Puresan to the Customer shall be treated as confidential by the Customer and shall not be disclosed to any third party or used for any purpose other than for the purpose of this Agreement without the prior written consent of Puresan, unless and until the same is public knowledge other than through default of the Customer or comes into the Customer’s possession bona fide from a third party.
(d) Puresan retains all intellectual property rights in its labels, specifications, data and all other information and documents prepared by Puresan for the Customer in whatever medium.
(a) Any notices under this Agreement shall be in writing and signed by or on behalf of the party giving it.
(b) Any such notice may be served by delivering it personally or by sending it by pre-paid recorded delivery post or email at or to the address shown above of the relevant party or any other address which it may from time to time notify in writing to the other parties.
(c) Any such notice delivered personally shall be deemed to be received when delivered; any notice sent by pre-paid registered post shall be deemed to be received 5 days after posting and in proving the time of dispatch it shall be sufficient to show that the envelope containing such notice was properly addressed, stamped and posted; and any such notice sent by email transmission shall be deemed to have been received at the time of transmission, and in proving the service of the same it shall be sufficient to show a delivery receipt from an email address that the other party has nominated (where applicable) or has otherwise consistently used to communicate with the other party.
(d) The parties choose as their domicilium citandi et executandi the addresses provided in accordance with Clause (b) above, or if the Customer is a juristic person its registered address from time to time.
(a) Puresan shall be entitled to cede, assign, novate, charge or hold on trust for another all or any of its rights and obligations under this Agreement on giving written notice to the Customer, but without any further consent of the Customer being requested. Puresan shall be entitled to sub-contract any of its obligations under the Agreement provided that Puresan shall remain liable for the acts and/or omissions of its sub-contractors.
(b) The Customer shall not without the prior written consent of Puresan cede, assign, novate, charge or hold on trust any of its rights or sub-contract any of its obligations under this Agreement in whole or in part to any third party.
(a) Puresan undertakes to at its option, replace Goods of its own manufacture as a result of a defect in Puresan’s materials or workmanship, arising within 12 months of the sale of the Goods to the Customer (or within such other period as may be specified by Puresan having regard to the nature and properties of the Goods concerned), and occurring under normal conditions and subject to proper storage, use and maintenance, provided that:
(1) the Customer notifies Puresan promptly in writing with details of any alleged defects or malfunction; and
(2) the Customer gives Puresan or its agent the opportunity to inspect the Goods and, if Puresan so requests, the Goods are returned promptly carriage paid by Puresan (and details of carriage notified in writing to Puresan in advance); and
(3) the Goods have not been tampered with, modified or altered by anyone other than Puresan or its agents; and
(4) the Customer provides proper proof of purchase for the relevant Goods.
(b) In the case of Goods not of Puresan manufacture, the Customer shall be entitled (subject to compliance with Clause 16(a) above only to the benefit of any guarantee Puresan may have from the supplier or manufacturer provided that subsequent purchasers are entitled to the benefit of that guarantee.
(c) If Goods sold by Puresan are found to be defective, Puresan undertakes to refund the Customer’s reasonable expenses incurred in returning the Goods to Puresan or to Puresan’s order.
(d) Puresan may at its option elect to refund or forego the contract price for the defective Goods and take back the Goods sold in full satisfaction of any liability or obligation under Clause (a) and (b) above.
If the Customer is located outside South Africa, the following additional provisions shall apply, unless otherwise agreed:
(a) all Goods shall be supplied ex-works as defined in accordance with Incoterms as in force on the date of this Agreement;
(b) the Customer shall be responsible for complying with any legislation or regulations governing the export of the Goods from South Africa and import into the country of destination and for the payment of any duties;
(c) the Customer may at its cost inspect the Goods at Puresan’s works before shipment, at a time to be agreed, and Puresan shall rectify any defects notified by the Customer during such inspection. Puresan shall not be liable for any defect discovered after shipment from Puresan which would have been apparent on inspection (whether or not carried out), or any claim in respect of damage during transit;
(d) in the event of a claim under the warranty the Customer shall arrange and pay for transport of defective Goods to Puresan and replacement and/or replacement Goods shall be supplied to the Customer ex-works; and
payment shall be made by means of an EFT, or credit/debit card agreed by Puresan and confirmed by a bank that it is payed acceptable by Puresan
The provisions of this Clause only apply to purchases that are made online by Customers who are natural persons purchasing Goods, or Services for their own use.
(a) The Customer shall be entitled to cancel any order within 7 (seven) days after receipt of the Goods and in the case of Services, within 7 (seven) days of order confirmation. Subject to Clause (b) Puresan will refund within 30 days any payment that the Customer has already made for such Goods and/or Services minus the costs incurred by Puresan in recovering possession of such Goods.
(b) Puresan will not refund the price paid for any Containers without intact Puresan seals, Goods that have been consumed and/or Services where performance has already begun.
(c) If Puresan fails to fulfill any order for any reason within 30 days of the date of order then the Customer may cancel this agreement on giving 7 (seven) days written notice to Puresan.
(c) For the purposes of above where the Customer does not have an account with Puresan the Customer’s delivery address as stipulated in the confirmed order shall be deemed to be its domicilium citandi et executand.
Terms & Conditions: 30-day money back guarantee
The Puresan 30-day money back guarantee (‘the Guarantee’) applies to all orders types for the following products; Ignite, any request for cancellation pursuant to the Guarantee, must be received within 30 days of the initial order being placed.
- In order to qualify for the Guarantee, any request for cancellation must include the following information; Full name of account holder, Puresan account number, email address, telephone number and reason for cancellation.
- Each customer can only use the Guarantee once and for each product only.
- The Guarantee only applies to the Customer’s initial purchase and no refunds will be given for any additional or optional Services added by the Customer including or product transfers.
- The Guarantee is not available where the Customer has breached any part of the Puresan General Terms & Conditions or whose purchase order has been suspended or terminated as a result of any such breach.
- Puresan reserves the right to change, amend or withdraw the Guarantee.
THESE TERMS OF SERVICE GOVERN OUR AGREEMENT TO PROVIDE SERVICES TO YOU, AND YOUR SUBSEQUENT OPERATION OF YOUR ACCOUNT.
By signing up for and/or otherwise accessing any of the services or products provided by puresan, you agree to be bound by all these Terms and Conditions. IT IS ESSENTIAL THAT YOU READ THESE TERMS PRIOR TO PURCHASING GOODS/ SERVICES WITH PURESAN. If you have any questions about these terms, please contact us.
Our business is continually evolving and as such we reserve the right to change our Terms and Conditions when necessary. It is your responsibility to ensure that you are up to date with all of our Terms and Conditions. We will, however, notify you of any material changes.
Your right to privacy is very important. Puresan (referred to below as “we” or “us”) recognise that when you choose to provide us with information about yourself, you trust us to act in a responsible manner. We believe this information should only be used to help us provide you with a better service. That’s why we have put a policy in place to protect your personal information.
By using this website, you give your consent that all personal data you submit may be processed in the manner and for the purposes described below.
For the purposes of the Data Protection Act 1998 (“the Act”), the data controller is Puresan.
- 1) What personal information do we collect?
We may collect and process the following data about You:
- Details of transactions You carry out through our website and the fulfilment of your order; When making a purchase with Puresan, we will collect your contact information, which includes name, address, email address and phone number, as well as payment information;
- When you become a Puresan customer you automatically subscribe to electronic newsletter and special offer promotions. You can adjust your email preferences and/or unsubscribe from certain communications via your Puresan.
- If you contact us, we may keep a record of that correspondence;
- Other information to help us provide you with improved services; and
- We may also collect information from the cardholder of another member of your household.
- 2) How we use your information
We use information about you in the following ways:
- To help us identify you and any accounts you hold with us;
- To enable us to review, develop and improve the website and services;
- To provide customer care;
- To carry out marketing and statistical analysis;
- To notify you about changes to our website and services; and
- To provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contact for such purposes.
- 3) With whom is the information shared?
We may disclose your personal information to third parties:
- Any cardholder who has purchased services on your behalf;
- Any employees, agents or service providers of Puresan to deal with any accounts or to deliver specific services to you;
- Any associated company who are our business partners and/or with whom we work;
- In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets, subject to their entering into appropriate confidentiality undertakings;
- If Puresan or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets; and
- If we are under a duty to disclose or share your personal data in order to comply with any legal obligation; or to protect the rights, property, or safety of Puresan, our customers, or others. This includes but is not limited to exchanging information with other companies and organisations for the purposes of fraud protection, credit risk reduction and dispute policies.
If you do nothing other than read pages or download information while using this web site, we will capture and store information about your visit. This information will not identify you; it relates to:
- the Internet domain and IP address from which you access the web site;
- the type of browser (Internet Explorer or Netscape) and operating system (Windows, UNIX) you use;
- the date and time of your visit;
- the pages you visit; and
- the address of the web site from which you linked to us (if applicable).
We use this information to make each visit more rewarding, and to provide us with information to help improve our service. We do not know (and do not want to know) the identities of people who visit us in this way.
For further information about cookies, you may like to visit www.allaboutcookies.org
- 5) Where we store your Personal Data
All information you provide to us is stored on our secured servers within Europe, including the United Kingdom. Any payment transactions will be encrypted. Credit card numbers are used for processing payment only and are not retained for marketing purposes.
Where we have given you (or where you have chosen
Puresan is committed to providing the highest standard of customer service to all our customers. However, in the unlikely event of a problem or complaint, we will do everything possible to ensure it is dealt with quickly and fairly.
If you are not a Puresan customer and have a complaint relating to any third party (for example relating to the content of a Puresan’s website). Our customer support agents will be unable to assist you directly.
Please send details of your issue or query to our misuse team email@example.com
Submitting a complaint via the website
You can raise a complaint via the ‘Submit a Question’ form available via the Contact Us link.
Log into the support section of your Control Panel
You should expect to receive a response to your query within seven working days of us receiving your correspondence.
Click on ‘Contact Us’. This will open the contact form.
In the section of the form marked ‘Question’ please include details of your complaint, to enable us to deal with your complaint more effectively, please provide as much detail as possible, please also include a daytime contact number in your request, as one of our Managers will need to contact you to discuss your complaint.
On the Product drop down menu, please select ‘Your Account’.
On the Category drop down menu, please select ‘Raise a Complaint’.
The law on cookies demands that you, as a website user, are given the opportunity to understand how cookies are used on our websites and consent to cookies being stored on your computer (laptop/mobile/tablet).
What are cookies?
A cookie is a small text file, typically of letters and numbers, downloaded to your computer when you access websites. Typically, they contain the following information: a site name and unique user ID, the duration of the cookie’s abilities and effects, and a random number. As a rule, cookies cannot be used to reveal your identity or personally identifying information.
Generally, the role of cookies is beneficial, making your interaction with frequently-visited sites smoother with no extra effort on your part. Without cookies, online shopping would be much harder. Without cookies, some websites will become less interactive with the cookie option turned off.
Most common cookies
These cookies expire when you close your web browser (Internet Explorer, Firefox, Safari, Google Chrome). These cookies are used for various reasons, for example, remembering what you have put in your shopping basket as you browse a website. They can also be used for security to access your Internet banking or email.
These cookies are still stored on your computer after you have closed your web browser which allows your preferences on websites to be remembered. These cookies are used for a variety of purposes, for example, remembering your preferences on a website (your language choice or your user name on a particular website).
First and Third Party cookies
This refers to the website placing the cookie. First party cookies are cookies set by the website you are visiting. Third party cookies are set by another website; the website you are visiting may have advertising on the page and this other website will be able to set a cookie