Terms and Conditions
These standard Terms and Conditions of Sale (“Terms”) shall govern the sale by The Fruit Cube (Pty) Ltd (“The Fruit Cube”) of all goods and/or services as well as all subsequent transactions between The Fruit Cube and the Purchaser.
2. Subject of Agreement
The subject of this agreement is the supply of products ordered by the Purchaser from The Fruit Cube and the subsequent delivery of the product to the Purchaser.
3. Changes to orders, cancellation of orders and conditions for Personal orders
a. Once an order has been placed, it will be considered a standing order to be repeated based on the delivery frequency selected.
b. Cancellations and changes to orders (number of boxes required and/ or pauses in deliveries) are to be made by written notice, at the latest, by 5pm the Thursday before the Purchaser’s deliveries the following week.
c. Personal orders, delivered to the office, are subject to a current company order being in place. The box(es) for the individual will be delivered along with the company’s first delivery of boxes for the week. If the company order is paused or cancelled, the personal order will also be paused or cancelled and The Fruit Cube will notify the individual in writing.
4. Price and Terms of Payment
a. The Price of all goods and service shall be set out on the order page of the website of The Fruit Cube (thefruitcube.com/order/). The Fruit Cube reserves the right to make reasonable price adjustments from time to time, and these will be communicated in advance in writing to the Purchaser.
b. Unless otherwise agreed upon in writing, invoices sent by The Fruit Cube shall be payable by the Purchaser immediately and shall be paid in full by no later than 7 (seven) calendar days after receipt of the month end invoice and statement and must be paid directly to The Fruit Cube into the bank account stated on the customer invoice and statement.
c. Unless otherwise agreed on in writing, the Purchaser shall not have any right of deduction or set-off. Objections to The Fruit Cube’s invoices and/ or statements must be received by The Fruit Cube within 4 (four) days after receipt of the invoice. In the event that Purchaser fails to provide a timely objection notice to The Fruit Cube, the terms of the invoice or other document shall be deemed to have been irrevocably accepted by Purchaser. Notwithstanding the foregoing, The Fruit Cube reserves the right to correct, at any time, any invoicing errors, including calculation errors, which may arise from time to time.
d. If an invoice or statement was corrected by The Fruit Cube, the corrected invoice and/ or statement shall be sent to the Purchaser immediately and shall be payable by the Purchaser upon receipt thereof.
5. Late or non-payment by the Purchaser
a. The Fruit Cube reserves the right to suspend orders of the Purchaser if his/ her account is in arrears. It will be within the sole discretion of The Fruit Cube to re-activate orders notwithstanding receipt of the Purchaser’s proof of payment.
b. If the Purchaser fails to make payment within the time constraint set out in paragraph 4 (b) above The Fruit Cube reserves all rights to institute legal action against the Purchaser. The Fruit Cube shall be entitled to recover legal costs on an attorney and own client scale from the Purchaser.
6. Quotations and orders
a. Unless otherwise specified, all written quotations shall be intended for reference purposes only, constituting neither an offer to sell nor imposing any obligations or liability on The Fruit Cube. All written quotations and offers to sell automatically expire ten (10) days from the date quoted unless otherwise specified.
b. Unless otherwise expressly agreed upon in writing by The Fruit Cube, any figures, measurements, dimensions or other descriptive specifications relating to The Fruit Cube’s quotation or offer to sell (“Specifications”) are approximations only and shall not be deemed to form part of any agreement or be treated as constituting any representation, warranty or condition in relation to the goods or services.
c. Any deviations between the goods supplied and any offers, samples, trial products and pre-deliveries are permitted in accordance with technical norms and within standard industry variances and tolerances.
d. No order placed by the Purchaser shall be deemed to be accepted by The Fruit Cube unless and until confirmed in writing by The Fruit Cube or its duly authorized representative or until performed by The Fruit Cube. The Fruit Cube reserves the right to accept or decline any order in whole or in part within three (3) days after receipt of Purchaser’s order.
7. Delivery of Goods and performance of Services
a. The Fruit Cube will use commercially reasonable efforts to make sure goods are delivered in the shortest possible time on designated delivery day. However, specific times cannot be guaranteed.
b. Delay or failure by The Fruit Cube to deliver an installment and/or perform a stage of service shall not entitle the Purchaser to repudiate or cancel the delivery of other installments or stages of goods ordered.
c. A maximum of two delivery attempts will be made on the day of delivery. If the Purchaser is not available to accept the goods, the Purchaser will still be invoiced for the goods. The Fruit Cube will contact the Purchaser in writing should the delivery attempt not be successful.
8. Inspection and Acceptance of Goods and Services
The Purchaser shall provide The Fruit Cube with a written notice within 1 (one) day of delivery containing the full details of any alleged defect or non-conformity in goods. The Fruit Cube shall make the final determination as to whether the goods are defective or non-conforming. If it is determined that the product does have a defect, The Fruit Cube shall, in its discretion, replace the affected goods and/or provide the Purchaser with a discount which it deems reasonable in the circumstances.
9. Changes in Terms and Conditions
The Fruit Cube reserves the right to make changes to these Terms and Conditions which will become effective immediately once updated on this website. It remains your obligation to check these Terms and Conditions, and your use of this website and services will be considered notice of your acceptance of these Terms and Conditions.
10. Limited Warranty
a. Except as otherwise specified herein, The Fruit Cube warrants that: (i) all goods and services purchased hereunder are free from defects in material and workmanship and conform to the requirements of this Agreement; (ii) The Fruit Cube has good title to goods and the right to sell them to Purchaser; and (iii) goods and services shall conform to the written Specifications, if any, described in the Sales Agreement.
b. This warranty excludes normal wear and tear and ordinary deviations in size, weight or quality of the product.
c. The Purchaser shall not be entitled to withhold payments on account of warranty claims or other counter-claims not recognized by The Fruit Cube.
11. Entire Agreement
These Terms along with the completed Order Form and any document relating thereto contain the entire agreement between Purchaser and The Fruit Cube and shall not be altered or amended except by written instrument signed by both parties.
12. Applicable Law and Jurisdiction
These Terms and any document relating thereto shall be governed by and interpreted according to the laws of the Republic of South Africa and either party shall bring any action that arises out of or relates to the Sale Agreement and/or these Terms in any Magistrate’s Court in the Republic of South Africa, that has jurisdiction over the subject matter.
13. All content on this website is copyrighted and remains the sole property of The Fruit Cube.