Trade Terms and Conditions

​1. INTERPRETATION

“YOU”, “YOURS” AND “PURCHASER” REFERS TO THE CUSTOMER. “COMPANY” AND “SELLER” REFERS TO AVS MANAGEMENT SERVICES TRADING AS BROADHURST TYRE COMPANY.

2. PURPOSE

2.1. THESE TERMS AND CONDITIONS WILL RELATE TO THE CONTRACT OF ANY FITTING, REPAIR OR REPLACEMENT OF TYRES, WHEELS, BATTERIES, TRAILER AXLES AND COMPONENTS, 4X4 COMPONENTS, LIGHTS, ELECTRICAL ITEMS, AUTO CARE CARE AND DETAILING PRODUCTS AND OTHER RETAIL GOODS, INCLUDING BALANCING AND ALIGNMENT AND ANY OTHER SERVICE/S REQUESTED BY YOU THAT WILL BE CARRIED OUT ON ANY VEHICLE(S). 
2.2. YOU AGREE COMPANY TO CARRY OUT THE WORK AND TO FIT ANY PARTS WHICH, IN COMPANY’S OPINION ARE NECESSARY TO SATISFACTORILY COMPLETE THE WORK. YOU AGREE THAT ALL OR ANY PART OF THE WORK TO BE DONE BY THE COMPANY MAY BE DONE BY IT OR ON ITS BEHALF BY AN APPOINTED AGENT OR SUBCONTRACTOR.

3. PAYMENT AND CREDIT TERMS

3.1. ALL GOODS ARE PAYABLE AT THE TIME OF SALE, UNLESS THE PURCHASER HAS AN APPROVED CREDIT ACCOUNT. IF THE PURCHASER HAS AN APPROVED CREDIT ACCOUNT PAYMENT FOR THE GOODS SHALL BE NOT LATER THAN 30 DAYS FROM THE DATE OF INVOICE (UNLESS BY PRIOR AGREEMENT). PAYMENTS SHALL BE MADE IN CLEARED FUNDS WITHOUT ANY DISCOUNT, SET-OFF OR OTHER DEDUCTION OR REDUCTION WHATSOEVER.
3.2. IF AN INVOICE IS NOT PAID IN ACCORDANCE WITH CONDITION 3.1. ABOVE THEN:
              3.2.1. INTEREST SHALL BE PAYABLE ON ANY OVERDUE AMOUNT FROM THE DATE ON WHICH PAYMENT WAS DUE TO THE DATE ON WHICH IT IS MADE (WHETHER
                       BEFORE OR AFTER JUDGEMENT), CALCULATED ON A DAILY BASIS AT THE ANNUAL RATE OF TWO AND A HALF (2.5) PER CENT COMPOUNDED MONTHLY; AND
             3.2.2. ALL OTHER INVOICES, WHETHER OR NOT THEY ARE DUE FOR PAYMENT, SHALL BECOME IMMEDIATELY DUE AND PAYABLE.
3.3. WE RESERVE THE RIGHT TO APPLY PAYMENTS RECEIVED FROM YOU:
             3.3.1. ON DEBTS DUE, BEGINNING WITH THE OLDEST AND SETTLEMENT OF ANY INTEREST ON OVERDUE DEBTS.
3.4. ALL GOODS REMAIN PROPERTY OF BROADHURST TYRE COMPANY UNTIL FULLY PAID FOR.

4. REFUNDS AND EXCHANGES

4.1. SUBJECT TO YOUR STATUTORY RIGHTS (WHICH SHALL NOT BE AFFECTED BY THIS PROVISION), IT IS NOT POSSIBLE TO OFFER REFUNDS AFTER PURCHASE FOR ANY PARTS THAT HAVE BEEN USED. IF YOU BELIEVE THAT A TYRE OR WHEEL WE HAVE FITTED IS FAULTY, WE MAY OFFER YOU THE OPTION OF PURCHASING A REPLACEMENT WHILE THE ORIGINAL PART IS SENT TO THE MANUFACTURER FOR ANALYSIS. IF THE MANUFACTURER CONFIRMS THAT THE PRODUCT IS FAULTY THE COST OF YOUR REPLACEMENT PURCHASE WILL BE REFUNDED. FOR TRAILER AND OTHER RETAIL PARTS THE SAME WILL APPLY, AND AN EXCHANGE MAY BE APPLICABLE IF THE PART IS RETURNED TO US IN THE SAME CONDITION AS WE SOLD IT TO YOU, UPON DISCRETION OF MANAGEMENT. 
4.2. FOR ALL CARD REFUNDS A SURCHARGE OF TWO AND A HALF (2.5) PER CENT WILL BE DEDUCTED OF THE TOTAL AMOUNT TO BE REFUNDED OR CREDITED.
4.3. WE RESERVE THE RIGHT TO REFUSE OR LIMIT THE NUMBER OF RETURNS AND REFUNDS PERMITTED WITHOUT VALID RECEIPT. 
4.4. A 15% HANDLING CHARGE WILL BE LEVIED FOR RETURN OF GOODS CORRECTLY SUPPLIED AS PER INVOICE.  MANAGEMENT RESERVES THE RIGHT TO VARY THIS FEE OVER AND ABOVE THIS DEPENDING ON CONDITION OF RETURN AND  AT DISCRETION OF MANAGEMENT.
4.5. GOODS MAY ONLY BE RETURNED WITHIN 7 DAYS SUBJECT TO OUR PRIOR APPROVAL.
4.6. NO REFUND OR RETURN OF ELECTRICAL GOODS AND ASSOCIATED WIRING CORRECTLY SUPPLIED AS PER INVOICE/ORDER.
4.7. PRODUCTS CANNOT BE RETURNED OR REFUNDED IF:
            4.7.1.  FOUND TO BE MISUSED OR PURPOSELY DAMAGED, 
            4.7.2.  USED FOR A PURPOSE OTHER THAN THAT FOR WHICH IT WAS DESIGNED,
            4.7.3.  ITEMS ARE NOT IN THEIR ORIGINAL PACKAGING AND SALE CONDITION I.E. UNUSED.
4.8. GOODS WILL NOT BE ACCEPTED FOR EXCHANGE OR REFUND WITHOUT A VALID PROOF OF PURCHASE. 
4.9. WHEREVER APPLICABLE THE SALE OF ALL PRODUCTS ARE GOVERNED BY THE RESPECTIVE MANUFACTURER’S WARRANTY. 

5. RISK

5.1. YOU AGREE TO:
5.1.1. ACCEPT AND GRANT THE COMPANY AND ITS EMPLOYEES TO DRIVE YOUR VEHICLE FOR CHECK PURPOSES AND/OR TO INSPECT IT.
5.1.2. ALLOW COMPANY TO HOLD YOUR VEHICLE IN IT’S POSSESSION IF NEEDED AND YOU ACKNOWLEDGE THAT THE COMPANY DOES NOT HOLD ITSELF RESPONSIBLE FOR ANY LOSS AND/ OR DAMAGE TO THE VEHICLE AND/ OR FOR ARTICLES LEFT IN THE VEHICLE IN THE CARE OF FIRE, THEFT OR ANY OTHER CAUSE WHATSOEVER UNLESS THERE WAS NEGLIGENCE ON ITS PART.
5.2. THE RISK IN GOODS SUPPLIED SHALL PASS TO THE PURCHASER ON ACCEPTANCE OF DELIVERY BY THE PURCHASER.

6. MANUFACTURER’S WARRANTY

6.1. EVERY EFFORT IS MADE BY THE COMPANY TO SECURE THE HIGHEST POSSIBLE STANDARD OF EXCELLENCE OF BOTH MATERIAL AND WORKMANSHIP. IN RESPECT OF GOODS THAT WE SUPPLY, WE SHALL (TO THE EXTENT THAT WE ARE ABLE TO DO SO), ASSIGN TO YOU THE BENEFIT OF ANY MANUFACTURER’S WARRANTY APPLYING TO THE GOODS AND SHALL, AT YOUR REQUEST SUPPLY THE DETAILS OF ANY SUCH MANUFACTURER’S WARRANTY.
6.2. TO THE EXTENT PERMITTED BY LAW, ALL OTHER WARRANTIES IN RESPECT OF SUPPLIES (INCLUDING, BUT WITHOUT LIMITATION, FITNESS FOR ANY PARTICULAR PURPOSE), WHETHER EXPRESS OR IMPLIED, ARE EXCLUDED.

7. LIMITATION TO OUR LIABILITY

7.1. EXCEPT TO THE EXTENT STATED IN THESE CONDITIONS OR OTHERWISE AGREED IN WRITING BY US:
              7.1.1.WE SHALL HAVE NO OBLIGATION, DUTY OR LIABILITY IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR BREACH OF STATUTORY DUTY) OR OTHERWISE HOWSOEVER   
  UNDER OR IN CONNECTION WITH ANY CONTRACT FOR SUPPLIES OTHER THAN FOR:
              7.1.1.1. PROVEN FRAUD ON THE PART OF OUR EMPLOYEES WHILST ACTING IN THE COURSE OF THEIR EMPLOYMENT WITH US; AND
              7.1.1.2. WE SHALL HAVE NO LIABILITY FOR ANY CONSEQUENTIAL OR INDIRECT LOSS OR DAMAGE SUFFERED, DIRECTLY OR INDIRECTLY, BY YOU UNDER OR IN
              CONNECTION WITH ANY CONTRACT FOR SUPPLIES OR SERVICES, INCLUDING BUT NOT LIMITED TO WASTED TIME OR EXPENDITURE, LOSS OF PROFITS, PRODUCTION,
              BUSINESS REVENUE, LOSS OF LIFE, EXPECTED SAVINGS OR GOODWILL OR ANY CLAIM AGAINST YOU BY ANY THIRD PARTY.
7.2. YOU SHALL INDEMNIFY AND KEEP US INDEMNIFIED AGAINST ALL AND ANY LIABILITY (WITHOUT LIMITATION) THAT WE MAY HAVE TO YOUR INSURERS OR OTHER THIRD PARTIES ARISING IN CONNECTION WITH ANY CONTRACT FOR SUPPLIES OR SERVICES AND OUR PERFORMANCE OF ANY CONTRACT FOR SUPPLIES OR SERVICES.
7.3. THE TERM “IN CONNECTION WITH ANY CONTRACT FOR SUPPLIES OR SERVICES” INCLUDES ANY PERFORMANCE OR CONTEMPLATED PERFORMANCE OF THE CONTRACT.
7.4. YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY IS NOT LIABLE FOR ANY ADVICE GIVEN BY THE COMPANY OR ITS EMPLOYEES IN RELATION TO THE SUITABILITY FOR ANY PURPOSE OF THE GOODS.

8. YOUR OBLIGATIONS

8.1. YOU SHALL NOT:
ALTER, REMOVE OR VARY IN ANY WAY ANY NUMBERS OR OTHER DISTINGUISHING MARKS ON ANY GOODS SUPPLIED OR FITTED BY US;
CARRY OUT ON ANY GOODS SUPPLIED OR FITTED BY US ANY MODIFICATION OTHER THAN THOSE (IF ANY) EXPRESSLY AUTHORISED BY US;
8.2. RE-SELL ANY GOODS SUPPLIED BY US WHICH HAVE BEEN ALTERED AND MODIFIED CONTRARY TO CLAUSES 8.1.
8.3. YOU UNDERTAKE NOT TO RE-SELL OR SUPPLY ANY GOODS SUPPLIED BY US EXCEPT ON TERMS WHICH INCORPORATE CONDITIONS THAT YOU UNDERTAKE TO COMPLY WITH SUCH INSTRUCTIONS AS MAY BE ISSUED BY US, THE MANUFACTURER OR OUR SUPPLIER CONCERNING THE USE, PRECAUTIONS AND OTHER MEASURES TO BE TAKEN IN RESPECT OF GOODS OR SERVICES THAT WE SUPPLY SO THAT ANY PURCHASER OF SUCH GOODS IS EFFECTIVELY BOUND BY THOSE CONDITIONS.

9. DELIVERY

9.1. UNLESS OTHERWISE AGREED IN WRITING, DELIVERY OF THE GOODS SHALL TAKE PLACE AT THE ADDRESS SPECIFIED BY THE SELLER ON THE DATE SPECIFIED BY THE SELLER.
9.2. THE DATE OF DELIVERY SPECIFIED BY THE SELLER IS AN ESTIMATE ONLY.  TIME FOR DELIVERY SHALL NOT BE OF THE ESSENCE OF THE CONTRACT.
9.3. IF THE PURCHASER IS UNABLE TO TAKE DELIVERY OF THE GOODS WITHIN 24 HOURS AFTER THE PURCHASER HAS BEEN INFORMED THE GOODS ARE AVAILABLE TO BE COLLECTED OR DELIVERED, FOR REASONS BEYOND ITS CONTROL, THEN THE SELLER SHALL BE ENTITLED TO PLACE THE GOODS IN STORAGE UNTIL SUCH TIMES AS COLLECTION/DELIVERY MAY BE AFFECTED AND THE PURCHASER SHALL BE LIABLE FOR ANY EXPENSES ASSOCIATED WITH SUCH STORAGE.
9.4 GOODS THAT HAVE BEEN LEFT FOR ANY REPAIRS AND HAVE NOT BEEN COLLECTED WITHIN 7 WORKING DAYS WILL BE SOLD TO DEFRAY COSTS AND THE CLIENT WILL NOT BE ENTITLED TO A REFUND OR CREDIT NOTE IN THIS CASE.

10. GENERAL

10.1. ALL TYRE REPAIRS, FITMENT, WHEEL BALANCING AND WHEEL ALIGNMENT REPAIRS ARE UNDER A WARRANTY FOR 2 DAYS FROM THE DATE OF THE INVOICE.
10.2 ANY OLD PARTS REMOVED FROM THE VEHICLE, INCLUDING BUT NOT LIMITED TO TYRES, WHEELS, SHOCKS, BRAKES AND OTHER PARTS ASSOCIATED WITH WORK COMPLETED, MUST BE TAKEN WITH THE OWNER AFTER THE VEHICLE HAS BEEN COLLECTED IF REQUIRED. THESE PARTS WILL NOT BE HELD FOR LONGER THAN 24 HOURS AFTER THE VEHICLE HAS BEEN COLLECTED, THEREAFTER THE COMPANY WILL DISPOSE OF THE PARTS AND WILL NOT TAKE ANY RESPONSIBILITY IN ANY WAY FOR ANY LIABILITY OR LOSSES INCURRED TO THE CUSTOMER FOR DOING SO.
10.3. NONE OF THESE TERMS AND CONDITIONS SHALL BE DEEMED WAIVED AND NO BREACH OR DEFAULT EXCUSED BY US UNLESS THAT WAIVER OR EXCUSE IS AUTHORISED IN WRITING.
10.4. IF ANY PART OF THE TERMS SHALL BE DEEMED UNLAWFUL, VOID OR FOR ANY REASON UNENFORCEABLE, THEN THAT PROVISION SHALL BE DEEMED SEVERABLE FROM THESE TERMS AND SHALL NOT AFFECT THE VALIDITY AND ENFORCEABILITY OF ANY REMAINING PROVISIONS OF THE TERMS.
10.5. YOU HAVE READ THE TERMS AND CONDITIONS WRITTEN IN THIS OFFER AND YOU FULLY UNDERSTAND AND ACCEPT THEM IN EVERY RESPECT. 

YOUR ACCEPTANCE OF THESE TERMS

BY USING THIS SITE, YOU SIGNIFY YOUR ACCEPTANCE OF THIS POLICY AND TERMS OF SERVICE. IF YOU DO NOT AGREE TO THIS POLICY, PLEASE DO NOT USE OUR SITE. YOUR CONTINUED USE OF THE SITE FOLLOWING THE POSTING OF CHANGES TO THIS POLICY WILL BE DEEMED YOUR ACCEPTANCE OF THOSE CHANGES.

CONTACTING US

IF YOU HAVE ANY QUESTIONS ABOUT THIS PRIVACY POLICY, THE PRACTICES OF THIS SITE, OR YOUR DEALINGS WITH THIS SITE, PLEASE CONTACT US AT:

AVS MANAGEMENT SERVICES (PTY) LTD T/A BROADHURST TYRE COMPANY

WWW.BTYRE.COM

PLOT 6384, CNR NOKO & NAKEDI ROAD
BROADHURST INDUSTRIAL
PO BOX 2038
GABORONE, BOTSWANA

+267 3937781/3904059

[email protected]

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