1. In these terms and conditions, unless the context otherwise indicates:
1.1. “the Act” means the Consumer Protection Act, No. 68 Of 2008;
1.2. “Bonpak SA” means Bonpak South Africa Proprietary Limited with registration number 2023/938187/07
1.3. “Closures” means caps, lids, droppers, roll-ons, corks, T-tops, screw-caps, pumps, pipettes, flip tops, grinders, crimps, shives, triggers, pen sprayers, plugs,
1.4. “Goods” means closures, glass/plastic- bottles, vials, jars, jugs, pen sprayers, cans, tins, containers, buckets, pillboxes, drinking glasses; chemicals, oils, tubs, metal pull rings ;
1.5. “the Customer” means the person or entity that purchases and/or rents Goods from Bonpak SA upon the terms and conditions herein contained;
2. The following terms and conditions shall apply to the sale of Goods
2.1. All prices are strictly net unless otherwise stated.
2.2. All amounts owing to Bonpak SA on account are to be settled within 30 (thirty) days of date of statement without deductions or set-off of any nature whatsoever.
2.3. The parties agree that S.A. Post Office and Internet Banking is not Bonpak SA’s agent. The Customer therefore accepts full responsibility for payment sent through the S.A. Post Office and/or Internet Banking.
2.4. Interest will be levied on the amounts on account not paid on due date calculated at prime overdraft rates as charged by STANDARD BANK OF SOUTH AFRICA Limited from time to time, calculated from due date until date of payment.
2.5. Interest on amounts owing on account will be capitalized each month and will be included in the full amount reflected as owing on a monthly statement. All payments will be applied first towards the interest and then to the principal debt.
2.6. Acceptance of the Goods is consent by the Customer to the jurisdiction of the Magistrate’s Court in respect of the institution of any legal proceedings relating to this contract and the Customer is liable to pay the legal cost of Bonpak SA calculated as between attorney and client, including collection commission.
2.7. A certificate signed by the manager or a director of Bonpak SA will constitute prima facie evidence of the amount owed to Bonpak SA, in particular with regards to provisional sentence summons or summary judgement application.
2.8. The parties respectively choose the undermentioned addresses for the purpose of serving and/or delivering all communications arising out of or in connection with this contract as follows:
2.8.1. Bonpak SA
BONPAK SA (PTY) LTD
14 Inyoni Road
Ndabeni
7405
ray@bonpak.co.za
2.8.2. the Customer – Address specified by the customer in their credit application with Bonpak
2.9. All supplies of Goods are effected subject to the packing configuration of that item and will be invoiced accordingly. All customized goods are subject to a tolerance of +/-10% (ten percent) for which payment will be effected by the Customer on the basis of it being part of the order being supplied. For any quantity in excess of 10% (ten percent), the Customer will be approached for a variation of the order in respect of the quantity in excess.
2.10. The Act & Limitation of Bonpak SA’s liability
2.10.1. If the Customer is a consumer, as defined in the Act, he/she/its attention is specifically drawn to clauses in bold which:
- may limit the risk or liability of Bonpak SA; and/or
- may create risk or liability for the Customer; and/or
- may compel the Customer to indemnify Bonpak SA; and/or
- constitutes an acknowledgement of a fact by the Customer.
2.10.2. If the Customer is a “consumer” for purposes of the Act:
Bonpak SA’s liability for any harm, as described in section 61(5) of the Act, caused wholly or partly as a consequence of –
- supplying and unsafe Goods;
- a product failure, defect or hazard in any Goods; or
- inadequate instructions or warnings provided to the Customer pertaining to any hazard arising from or associated with the use of any Goods, irrespective of whether the harm resulted from any negligence on the part of Bonpak SA, shall apply as provided for in section 61 of the Act, but shall be limited to an amount of damages equal to double the value of the price paid by the Customer for the purchase and/or rent of Goods.
2.10.3. If the Customer is not a “consumer” for purposes of the Act:
2.10.3.1. Bonpak SA shall not be liable for any consequential harm of whatsoever nature caused wholly or partly as a consequence of –
- supplying and unsafe Goods;
- a product failure, defect or hazard in any Goods; or
- inadequate instructions or warnings provided to the Customer pertaining to any hazard arising from or associated with the use of any Goods,
This limitation of liability will apply irrespective of whether the harm resulted from any negligence on the part of Bonpak SA and the extent of Bonpak SA’s liability will be as set out in clauses 2.10.3.2 below.
2.10.3.2. In the event of any of the closures supplied in terms hereof being defective for ordinary and normal use, then, provided that the Customer and/or any other person to whom these closures are delivered, before bottling or after sealing, as the case may be, has ensured that the following provisions are complied with:
- the bottle bore conforms to the specifications;
- closures are stored in a clean place with good ventilation and free from volatile products at a temperature of between 15°C (fifteen degrees) and 20°C (twenty degrees) and at a relative humidity of 50% (fifty percent) to 70% (seventy percent);
- a reasonable headspace is allowed between the closure and the liquid, to allow the liquid to expand when the temperature rises;
- any closures stored for in excess of 12 (twelve) months should not be used
In cases referred to in this clause 2.10.3.2 Bonpak SA shall at its cost replace any closures which were defective when supplied.
2.11. Should Goods be found as defective, any claim and/or complaint must be lodged within 7 (seven) days of the date of delivery. Claims and/or complaints lodged after 7 (seven) days will not be entertained.
2.12. Goods will only be considered for returns on a case-by-case basis and will be subject to a strict verification and check-in process.
2.13. All returns will have a verification check-in process that may take up to a week. Bonpak SA does not accept any liability until this process is complete and is in agreement of the claim. Stock simply handed over to a Bonpak SA company representative does not constitute acceptance of the claim or liability. During this verification period, the condition of both the goods quality, quantity and the packaging will be checked. If the return or part thereof is rejected the customer will be liable for payment of the goods rejected and these remain the customers property. Bonpak SA reserves the right to further charge a handling fee of 20% on the return goods and invoice for any delivery fees.
2.14. All prices are excluding VAT. Prices are calculated at time of confirmation of order and based then on an exchange rate amount. Please note that if there is a fluctuation in the exchange rate of 3.5% or more the prices may be adjusted accordingly. This rate is variable until fixed by a forward rate of exchange or spot rate purchase. Fixed rate must be requested and confirmed if needed.
2.15. Please note that stock items have a fixed price and are not affected by the movement exchange rate.
2.16. For Account clients: an upfront deposit may be required for any bespoke orders or stock reservations.
For COD clients: full upfront payment is required for all COD orders. Bonpak SA will only start processing any orders that requires printing / decoration once payment reflects in our account.
2.17. Stock reservations and stock holding
The Customer may elect to place an order on a Customer-specific stock-holding basis (“stock-holding order”). On acceptance of the stock-holding order Bonpak SA will purchase the stock as ordered and invoice the Customer over a period of 6 months or longer as the parties agree, the total quantity and the period to be specified by the Customer in the order and agreed to by Bonpak SA. In return for the cash-flow and availability-of-stock benefits of this arrangement the Customer commits to payment according to monthly invoices for quantities as ordered by the Customer from month to month, it being understood that the total quantity of the stock-holding order will be purchased by the Customer within the agreed period. No variation of the agreed quantity and period will be valid unless agreed to in writing by or on behalf of the parties. In the event of the Customer being in breach of any of its payment or other obligations to Bonpak SA, under the stock-holding order agreement or under any of these Terms and Conditions, for any reason other than a bona fide quality issue
as determined in respect of the first consignment of stock delivered to the Customer, Bonpak SA will have all the following rights, to ensure full compliance of the Customer with the stock-holding order agreement: (a) the right to continued recovery of monthly payments from the Customer according to the agreed monthly invoices; (b) the right at any time during the period of the stock-holding order agreement to accelerate enforcement of the agreement, by invoicing the Customer for all the remaining stock as ordered, whereupon the Customer will be liable for immediate accelerated payment according to this invoice. Bonpak SA will in any event have the right at the expiry of the agreed period of the stock-holding order agreement to invoice the Customer for all the remaining stock, for payment upon the agreed credit terms. The exercise by Bonpak SA of any of these rights will not prejudice any of its other rights, the parties being in agreement that Bonpak SA will at all times retain the right to ensure full compliance of the Customer with the stock-holding order agreement.
2.18. Printing and decoration
Any customized item is subject to a production loss rate that varies in relation to the order size being customized. It will be calculated and estimated on each order and if not stated it will be 3.5% on each order. The customer accepts the liability of the loss rate and these losses will be charged to the customer on invoice.
If customer product is being collected, we cannot be held liable for any damage or scuffing. Transport trials should be undertaken by the customer. Should dividers and sleeving be required, then the Customer needs to arrange this.
In the event a customer sends their own glass for printing the onus is on the customer to check the quality of their goods and ensure products are of equal quality. Failing customers advising otherwise, Bonpak SA will proceed to print on the items provided with the understanding that they are all of equal quality. Customers are required to advise Bonpak SA of any limitations to items that may influence the printing process. Customers are required to inform Bonpak SA of the substance that will fill the items, if any, as this could affect the print.
Should any goods be printed on defective goods supplied by the customer, the customer will still be liable for the full printing and production costs.
The onus lies on the customer :
a. To approve the artwork including size, position, colour and text of the print
b. To request a sample for approval before printing commences
