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Terms & Conditions

YI FA AUTO GLASS (Pty) Ltd. T/A BSG Auto Glass SA TERMS AND CONDITIONS:
1. PAYMENT
1.1 Only written orders are accepted. After the order is received the Customer will be provided with a
quotation. The quotation is valid for 7 (seven) days.
1.2 Upon signature and acceptance of the quote, delivery and/or installation will be completed within 1-
5 (one to five) business days depending on availability of stock.
1.3 In the event additional costs are required to be incurred and only came to BSG’s attention when
the installation commenced, the Customer will be liable for the additional costs. The Customer will
be required to sign a consent form before BSG will proceed with the work.
1.4 The Customer shall pay the amount owing in BSG’s account and as reflected on the tax invoice.
1.5 Payment can be made either by 30 (thirty) days account, 7(seven) days account or cash on
delivery payment.
1.6 The payment option shall be confirmed on the invoice provided to the Customer.
1.7 BSG may at its sole discretion extend payment by granting a credit facility for 30 (thirty) days.
1.8 The Customer hereby agrees that the credit facility is a variable credit facility and that BSG shall be
entitled to increase its credit limit from time to time. BSG reserves the right to withdraw any credit
facility with immediate effect with notice should the Customer fail to make any payment that is due
and payable. The total outstanding amount will then become due and payable with immediate
effect.
1.9 All payment shall be made into the following account:
Bank: FNB
Branch: North Rand Road
ACCOUNT NUMBER: 622 725 46709
BRANCH CODE: 252 605
The invoice number /sales order number shall be used as the reference number on all payments
made and proof of payment shall be provided to BSG via email to accounts@bsgautoglass.co.za
1.10 All charges are inclusive of VAT, insurance, delivery and transportation costs and shall be
charged accordingly.
1.11 It is specifically recorded that BSG shall not bear any risk associated with the loss of cheques sent
via post by the Customer. Likewise, where the Customer uses internet banking, the bank shall be
deemed to be the agent of the Customer.
1.12 The Customer has no right to withhold payment or make set-offs or deductions from any payment
due by it for any reason whatsoever.
1.13 No extension of payment of any nature will be granted unless reduced to writing and signed by the
Customer and a duly authorised representative of BSG.
1.14 ONLINE TRANSACTIONS
1.14.1 There are additional terms and conditions applicable to all ONLINE TRANSACTIONS between
the Customer and BSG, and in particular online Card payments. Please note that these are
regarded as mandated ecommerce industry standard and are for BSG’s protection as a Merchant
and implemented to maintain the integrity of the online payment sector.
1.14.2 Subject to availability and receipt of payment, requests will be processed within 1-3 working days
and delivery confirmed by way of a booking number or a booking voucher.
1.14.3 The offering on this website is available to South Africa clients only.
1.14.4 Refund: The provision of goods and services by BSG is subject to availability. In cases of
unavailability, BSG will refund the client in full within 15 days.
1.14.5 BSG shall take all reasonable steps to protect the personal information of users. For the purpose
of this clause, "personal information" shall be defined as detailed in the Promotion of Access to
Information Act 2 of 2000 (PAIA).
1.14.6 Payment may be made via Visa and MasterCard.
1.14.7 Card transactions will be acquired for BSG via PayGate (Pty) Ltd who are the approved payment
gateway for all South African Acquiring Banks. PayGate uses the strictest form of encryption,
namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website. Users may
go to www.paygate.co.za to view their security certificate and security policy.
1.14.8 Customer details will be stored by BSG separately from card details which are entered by the
client on PayGate’s secure site. For more detail on PayGate refer to www.paygate.co.za.
1.14.9 The merchant outlet country at the time of presenting payment options to the cardholder is South
Africa. Transaction currency is South African Rand (ZAR).
1.14.10 BSG takes responsibility for all aspects relating to the transaction including sale of goods and
services sold on this website,customer service and support, dispute resolution and delivery of
goods.
1.14.11 This website is governed by the laws of South Africa and BSG chooses as its domicilium citandi
et executandi for all purposes under this agreement, whether in respect of court process, notice,
or other documents or communication of whatsoever nature.
1.14.12 BSG may, in its sole discretion, change this agreement or any part thereof at any time without
notice.
1.14.13 This website is run by Yi Fa Auto Glass (Pty) Ltd (private company based in South Africa trading
as BSG Auto Glass SA and with registration number 2005/009139/07.
1.14.14 BSG Company Physical Address:
77 Sabax Road
Aeroton 2013
Johannesburg
Email: info@bsgautoglass.co.za
Telephone: 010 010 6800
2 OWNERSHIP AND RISK
2.1 All risk in and to all goods sold by BSG to the Customer shall pass to the Customer on delivery and
installation thereof after the client checked and signed for the goods.
2.2 Ownership in all goods sold and delivered shall remain vested in BSG until the full purchase price
as reflected on the invoice has been paid.
2.3 In the event of any work or goods which may contain a risk and BSG informed the Customer of
such risk, BSG shall only effect commencement of work upon receipt of written and signed
instruction from the Customer who acknowledges that he/she was informed of the risk and will not
hold BSG liable in the event of any damages or loss due to installation of goods and/or
commencement of work which contains such risk. It is the responsibility of the Customer to
determine that the work or goods ordered are suitable for the purposes of intended use.
3. CANCELLATION
3.1 The Customer may cancel the order before the installation date and will receive a full refund unless
in the event of special ordered goods the Customer will be held liable for full payment.
3.2 Should the Customer cancel the order after the order was dispatched, the Customer will be liable
for the call out charge unless in the event of special ordered goods the Customer will be held liable
for full payment.
3.3 BSG does not accept any refund or cancellation of work after the goods were fitted.
3.4 In the event the goods are faulty for any reason in accordance with the Customer, the goods will be
sent to the factory for inspection before any credit note will be issued. Removal fees and handling
fees (15%) will be for the costs of the Customer unless it is confirmed to be a factory fault.
4. GUARANTEE
4.1 BSG provides 1 (one) year workmanship guarantee from date of installation.
5. CONSUMER PROTECTION ACT, 2008
In the event the Consumer Protection Act is applicable the following terms will be applicable:
(Where the Customer is a natural person or a juristic person with an asset value or turnover of less than
R2 million.)
5.1. Delivery
5.1.1 BSG guarantees that the goods will be delivered at the agreed place and on the agreed date and
time at BSG’s risk. In the event goods are not delivered as agreed the Customer shall have the
right to accept delivery/performance of the goods or services OR require delivery at the agreed
date, time and place in the event the agreed date and time has not passed OR cancel the
agreement without penalty and treat the delivered goods as unsolicited goods.
5.2. Returned Goods/Services
Goods
5.2.1 The Customer may return the goods and receive full refund in the event:
5.2.1.1 The Customer did not have the opportunity to examine the goods and rejects the goods due to
type and quality reasonably contemplated in the agreement and does not meet the test in
section 18(3) and (4) of the Consumer Protection Act AND in the event of special-order
agreements the goods does not reasonably conform to the material specifications of the special
order. The goods must be returned and delivered within 10 (ten) business days after delivery at
BSG’s risk and expense.
5.2.1.2 If the goods are not intended to satisfy a particular purpose as communicated to BSG, the
Customer may return the goods within 10 (ten) business days after delivery. Delivery of
goods will be at BSG’s risk and expense.
Upon return of the goods referred to in 5.2.1.1 and 5.2.1.2 BSG will refund the Customer the price paid
for the goods, less any amount that may be charged in terms of Section 20(5) of the Consumer
Protection Act.
Services
5.2.2 In the event BSG fails to:
5.2.2.1 Provide timely performance and completion of services and timely notification of any unavoidable
delay in performance of services;
5.2.2.2 Provide performance of services in a manner and quality that persons are generally entitled to
expect;
5.2.2.3 Use, deliver or installation of Artwork that are free of defects and are of a quality that persons are
generally entitled to expect, if any such goods are required for performance of services;
5.2.2.4 Return any property or control over any property of the Customer in at least as good a condition
as it was when the Customer made it available to BSG for the purpose of performing such
services;
The Customer may require BSG to either remedy any defect in quality of services performed or goods
supplied or refund the Customer a reasonable portion of price paid for services performed or
goods supplied, taking into account the extent of the failure.
5.3 Warranties and Indemnity
5.3.1 BSG warrants that the goods comply with the standards and requirements as stipulated in section
55 of the Consumer Protection Act except to the extent that the goods has been altered by the
Customer. In the event BSG fails to deliver the goods that complies, the Customer will have the
right to return the goods within 6 (six) months after delivery without penalty or charge and may
require BSG to repair and/or replace the goods, or alternatively request to be refunded.
5.3.2 BSG warrants all repaired goods, including the labour required to install same, for 3 (three) months
after date of installation.
5.3.3 The above warrantee periods is above the guarantee period granted of 1 (one) year.
6. REPAIRS
6.1 BSG will not carry out any repairs without written pre-authorisation of the cost involved and work
necessary for repairs.
7. INDEMNITY
7.1 The Customer indemnifies and hold harmless BSG, its employees, representatives or contractors
against any claim, demand or action howsoever caused, unless in the event of gross negligence on
the part of BSG, its employees, representatives or contractors and Customer falls within the ambit
of the Consumer Protection Act.
8. BREACH
8.1 In the event either party fails to comply with any terms and conditions, then the party who has been
aggrieved shall give written notice to the other party calling on it to remedy any breach of the
agreement. If the other party fails to remedy the breach within 20 (twenty) business days of receipt
of the notice, then the aggrieved party may elect to cancel the agreement, or to demand specific
performance, without prejudice to its rights to claim damages and without prejudice to any other
rights it may have in law.
8.2 The Customer shall be liable to BSG for all legal expenses on the attorney-and-client scale
incurred by BSG 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 fees or valuation fees incurred as well as for any costs or security that BSG demands to
enforce this Agreement.
8.3 Should any amount not be paid by the Customer on due date, the Customer agrees that interest in
the amount of 2% per month may be charged until payment of the total outstanding amount in full.
8.4 The aggrieved party’s attorney or debt collector (as the case may be) shall on receiving a payment
from the infringing party, have the right to allocate such payment firstly towards disbursements
incurred by the attorney or debt collector, secondly towards fees to which the attorney or debt
collector is legally entitled, thirdly towards interest due to the aggrieved party and finally towards
the capital amount due to the aggrieved party.
9. SESSION AND SURETY
9.1 The Customer hereby cedes, assigns and transfer unto and in favour of BSG all its rights, title and
interest in and to all debts which are now, or which may in the future become, owing to BSG by any
party or parties as security for the payment by the Customer of all amounts which are now and
which may from time to time in the future become owing by the Customer to BSG from any cause
of indebtedness howsoever arising. The Customer agrees that on request by BSG, the Customer
shall be obliged to hand over to BSG all books of accounts, contracts, invoices and documents and
the like which it may require for the purpose of ascertaining the amount due by the Customer and
for the purpose of the recovery of payment.
9.2 The signatory/ies is/are hereby bound as surety/ies for and co-principle debtor/s in solidum with the
customer for the due fulfilment and performance by the customer of all its obligations in terms of or
arising out of any agreement, including any extension, renewal or amendment thereof, that is
entered into between the parties on the strength of this terms and conditions and shall remain in
force until all such obligations have been discharged in full. I/We, the undersigned hereby confirm
that I/we have read and understand the contents of this document.
10. DISCLOSURE OF PERSONAL INFORMATION
10.1 The Customer understands that the personal information given in this Agreement is to be used by
BSG for the purposes of assessing credit worthiness. The Customer confirms that the information
given in this Agreement is accurate and complete. The Customer further agrees to update the
information supplied as and when necessary in order to ensure the accuracy of the above
information. BSG will not be liable for inaccuracies.
10.2 BSG has the Customer’s consent at all times to contact and request information from any persons,
credit bureau or businesses, including those mentioned in the Agreement. The Customer also
gives BSG permission to obtain any information relevant to the Customer’s credit assessment,
including but not limited to information regarding the amounts purchased from suppliers per month,
the length of time the Customer has dealt with each supplier, the type of goods purchased and the
manner and time of payment.
10.3 The Customer agrees and understands that information given in confidence to BSG by a third party
will not be disclosed to the Customer.
10.4 The Customer hereby consents to and authorises BSG at all times to furnish credit information
concerning the Customer’s dealings with BSG to a credit bureau and to any third party seeking a
trade reference regarding the Customer in his dealings with BSG.
10.5 The Customer expressly acknowledges that BSG may:
10.5.1 Perform a credit search on its record with any registered Credit Bureau when assessing its
application;
10.5.2 Monitor its payment behaviour by researching its record with any registered Credit Bureau;
10.5.3 Use new information and data obtained from one or more of the registered Credit Bureaus in
respect of future applications;
10.5.4 Record the existence of its account with BSG with any registered Credit Bureaus; and
10.5.5 Record and transmit to one or more of the registered Credit Bureaus, the details of how the
Customer has performed, and how the Customer’s account is conducted.
11. JURISDISCTION
11.1 The Customer hereby consents that BSG shall have the right to institute any legal action in either
the Magistrate’s Court or the South Gauteng High Court, as its sole discretion. These South
African courts shall have exclusive jurisdiction in any litigation between the parties arising from
whatsoever source.
11.2 The Customer agrees that BSG will not be required to furnish security in terms of Rule 62 of the
Rule of Court of the Magistrate’s Court or in terms of Rule 47 of the Law of the Supreme Court 59
of 1959.
12. GENERAL
12.1 The Customer agrees that (a) this Agreement between the Customer and BSG and that no
alterations or additions to this Agreement may be effected unless agreed to by both parties,
reduced to writing and signed by the Customer and a duly authorized representative of BSG.
12.2 Each provision of this Agreement is severable from the other provisions. Should any provision be
found to be invalid or unenforceable for any reason, the remaining provisions of this Agreement
shall nevertheless remain binding and continue with full force and effect.
12.3 The Customer agrees that no indulgence whatsoever by BSG will affect the terms of this
Agreement or any of the rights of BSG and such indulgence shall not constitute a waiver by
BSG in respect of any of its rights herein. Under no circumstances will BSG be stopped
from exercising any of its rights in terms of this Agreement.
12.4 Any document shall be deemed duly presented to and accepted by the Customer (i) within 5 days
of prepaid registered mail to any of the Customer’s business or postal addresses or to the personal
address of any director, member or owner of the Customer; or (ii) within 24 hours of begin faxed to
any of the Customer’s fax numbers or any director, member’s or owner’s fax numbers; or (iii) on
being delivered by hand to the Customer or any director, member or owner of the Customer; or (iv)
within 48 hours if sent by overnight courier or (v) within 7 days of being sent by surface mail; or (vi)
within 24 hours of being e-mailed to any e-mail address provided by the Customer.
12.5 The Customer chooses its address for any notification or service of legal documents or processes
as the business address or the physical addresses (domicilium citandi et executandi) of any
Director (in the case of a company), Member (in the case of a close corporation) or of the Owner(s)
or partner(s).
12.6 The Customer undertakes to inform BSG in writing within 7 days of any change of Director,
Member, Shareholder, Owner or Partner or address or 14 days prior to selling or alienating the
Customer’s business and failure to do so will constitute a material breach of this Agreement.
Upon receipt of such written notification, BSG reserves the right, at its sole discretion, to
withdraw any credit facility advanced to the Customer.
12.7 The Customer agrees that a certificate provided by BSG at any given time shall be sufficient prima
facie (at first sight) proof of the facts therein stated or the amount stated therein for the purposes of
all legal proceedings against me/us for the recovery of any outstanding amount.
12.8 The Customer shall not cede its right nor assign its obligations under these terms and conditions.
12.9 BSG shall at any time in its sole discretion be entitled to cede all or any of its rights in terms of
these terms and conditions to any third party.