TERMS AND CONDITIONS

1. Introduction
1.1. Please carefully read the following Terms of Use (“Terms”) prior to using the website https://thegreengeneration.co.za/ (referred to as the “Service”) provided by The Green Generation (Pty) LTD (“us”, “we”, or “our”).

1.2. Your access to and utilisation of the Service is subject to your acceptance and adherence to these Terms and are applicable to all visitors, users, and individuals who access or utilise the Service.

1.3. By accessing or utilising the Service, you acknowledge and agree to be bound by these Terms. If you disagree with any part of the terms, you should refrain from accessing the Service.
2. Intellectual Property
2.1. The Service, along with its original content, features, and functionality, are and will continue to be the sole property of The Green Generation (Pty) LTD and its licensors.
3. Links To Other Web Sites
3.1. Our Service may include links to third-party websites or services that are not owned or controlled by The Green Generation (Pty) LTD.

3.2. The Green Generation (Pty) LTD does not have control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

3.3. Furthermore, you acknowledge and agree that The Green Generation (Pty) LTD shall not be held responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

3.4. We strongly recommend that you carefully read the terms and conditions and privacy policies of any third-party websites or services you visit.
4. Termination
4.1. The Green Generation (Pty) LTD reserve the right to immediately terminate or suspend access to our Service, without prior notice or liability, for any reason, including but not limited to a breach of the Terms.

4.2. In the event of termination, all provisions of the Terms that by their nature should survive termination will continue to be in effect. This includes ownership provisions, warranty disclaimers, indemnity clauses, and limitations of liability.
5. Disclaimer
5.1. Your use of the service is entirely at your own risk.

5.2. The Service is provided on an “AS IS” and “AS AVAILABLE” basis.

5.3. The Service is offered without any warranties, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a specific purpose, non-infringement, or course of performance.
6. Governing Law
6.1. These Terms will be governed and interpreted in accordance with the laws of South Africa, without regard to its conflict of law provisions.

6.2. If we fail to enforce any right or provision in these Terms, it will not be considered a waiver of those rights.

6.3. In the event that any provision of these Terms is deemed invalid or unenforceable by a court, the remaining provisions of these Terms will still be in effect.

6.4. These Terms constitute the entire agreement between us concerning the Service and supersede any prior agreements we may have had regarding the Service.
7. Changes
7.1. We reserve the right, at our sole discretion, to modify or replace these Terms at any given time.

7.2. In the event that a revision is significant, we will make an effort to provide a notice period of at least 30 days before the new terms come into effect.

7.3. The determination of what constitutes a material change will be made solely by us.

7.4. By continuing to access or use our Service after the revised terms have become effective, you agree to be bound by those updated terms.

7.5. If you do not agree to the new terms, please discontinue using the Service.
8. Standard Terms and Conditions of Sale
8.1. Unless otherwise explicitly agreed upon in writing and signed by The Green Generation (Pty) LTD, these Standard Conditions of Sale shall serve as the complete agreement between The Green Generation (Pty) LTD and the Customer.

8.2. All goods sold and services rendered are subject solely to this Agreement.

8.3. Any additional or different terms or conditions stated in the Customer’s order will be deemed null, void, and without any legal force or effect.

9. Definitions
9.1. The term “Customer” refers to any individual or individuals for whom The Green Generation (Pty) LTD conducts business, either at their request, on their behalf, or concerning their interests.

9.2. “The Green Generation (Pty) LTD” refers to The Green Generation (Proprietary) Limited, identified by Registration Number: 2008/006695/07.

9.3. “These conditions” specifically denotes these Standard Terms and Conditions of Sale.

10. Order
10.1. The contractual agreement between The Green Generation (Pty) LTD and the Customer will be established only upon the acceptance, in whole or in part, of the Customer’s order by a duly authorized representative of The Green Generation (Pty) LTD.

10.2. Once The Green Generation (Pty) LTD accepts an order, it becomes binding on the Customer, and the order cannot be cancelled without obtaining prior written consent from The Green Generation (Pty) LTD.
11. Prices
11.1. The purchase prices of goods sold by The Green Generation (Pty) LTD will be determined through mutual agreement between The Green Generation (Pty) LTD and the Customer, subject to the other provisions outlined in these conditions.

11.2. The prices are based on the costs incurred by The Green Generation (Pty) LTD, at the time the contract between The Green Generation (Pty) LTD and the Customer is concluded, which include, but are not limited to:

• The cost of acquiring raw materials, labour, and freight.
• The cost of purchasing foreign currency for importing raw materials.
• Import duties, government imposts, levies, and other charges.

11.3. If there is an unfavourable change, after the contract is concluded, in the relevant foreign currency exchange rate, government imposts, levies, charges, or any other costs related to labour, raw materials, or freight, resulting in increased costs for The Green Generation (Pty) LTD in supplying the goods and/or services, The Green Generation (Pty) LTD has the right to adjust the price by giving the Customer a written notice of 30 days.

11.4. Upon receiving written notice of a price increase from The Green Generation (Pty) LTD or its agents, the Customer has the option, within 14 days, to cancel any undelivered portion of the order that has not yet been prepared. If The Green Generation (Pty) LTD does not receive a written cancellation notice from the Customer within 14 days, the Customer will be deemed to have accepted the price increase.

11.5. Unless otherwise specified, all prices mentioned are exclusive of VAT.

11.6. If the Customer makes changes to the order or if there are delays or modifications unrelated to The Green Generation (Pty) LTD actions or omissions, The Green Generation (Pty) LTD has the right to revise the prices by providing written notice.

11.7. In the event of a clerical error resulting in an incorrect price being reflected on an order or order confirmation, The Green Generation (Pty) LTD reserves the right to amend the price to rectify the error.
12. Value Added Tax
12.1. The Customer is responsible for and agrees to pay The Green Generation (Pty) LTD, simultaneously with any payment due for goods supplied or to be supplied and/or services rendered or to be rendered, any applicable tax imposed on The Green Generation (Pty) LTD under the Value Added Tax Act No. 1991, as amended from time to time, or any successor legislation.
13. Payment
13.1. Unless otherwise explicitly agreed upon in writing by The Green Generation (Pty) LTD, all payments must be made by the Customer to The Green Generation (Pty) LTD within 2 (two) days from the date of The Green Generation (Pty) LTD account statement. The Customer is required to make the payment in full, without any deductions, demands, or set-offs.

13.2. In the event that any amount remains unpaid after the due date, The Green Generation (Pty) LTD reserves the right to charge interest on the outstanding amount at a rate not exceeding 2 percentage points above the published prime overdraft rate of The Green Generation (Pty) LTD principal bankers.

13.3. The interest will accrue from the due date until the payment is made.

13.4. A letter purportedly signed by a general, branch, or other manager of The Green Generation (Pty) LTD principal bankers, stating the published prime overdraft rate, will serve as proof of the rate until proven otherwise.

13.5. If the Customer fails to pay any amount owed to The Green Generation (Pty) LTD by the due date, all outstanding amounts owed by the Customer to The Green Generation (Pty) LTD, regardless of the reason, will become immediately due and payable.

14. Time not of the essence
14.1. The specified time for the delivery of goods or the provision of services by The Green Generation (Pty) LTD is provided as an approximate estimate only and should not be considered a critical aspect of the contract between The Green Generation (Pty) LTD and the Customer.

14.2. The Green Generation (Pty) LTD will make reasonable efforts, subject to section 8, to deliver goods and provide services within the timeframes specified in the contract. However, a delay in delivery does not render the contract void or make The Green Generation (Pty) LTD liable for any claims or damages.

14.3. The availability of stock determines the delivery of goods, and delivery will be scheduled when stocks are available, subject to section 8.

15. Delivery and Risk
15.1. Unless otherwise stated in writing, the Customer is responsible for all delivery costs, which must be paid to The Green Generation (Pty) LTD upon request.

15.2. In cases where The Green Generation (Pty) LTD or its transport contractor handles the delivery:
15.2.1. The Green Generation (Pty) LTD retains all risks associated with the goods until the transport vehicle comes to a stop at the unloading point, at which point the risks transfer to the Customer and the responsibility for unloading rests with the Customer.

15.2.2. The Green Generation (Pty) LTD reserves the right to pass on any additional charges or costs, including insurance premiums, incurred as a result of delayed or prolonged unloading by the Customer or their representatives.

15.2.3. The Green Generation (Pty) LTD may also charge the Customer for any other delivery-related costs, including insurance premiums.

15.3. When The Green Generation (Pty) LTD delivers goods to the Customer through a transport carrier engaged by the Customer:
15.3.1. – All risks associated with the goods pass to the Customer upon delivery of the goods by The Green Generation (Pty) LTD to the carrier.

15.4. If the Customer does not report an incomplete or short delivery in writing to The Green Generation (Pty) LTD within 7 days of receiving the shipment, the Customer will be deemed to have waived any claim related to the short or incomplete delivery.

15.5. If the Customer requests a suspension or delay in delivery beyond the original requested date The Green Generation (Pty) LTD has the right to charge a reasonable fee for storing the goods.

15.6. The Green Generation (Pty) LTD reserves the right to withhold delivery of goods if the Customer has outstanding payment obligations from previous orders.
16. Ownership
16.1. The Green Generation (Pty) LTD retains ownership of all goods delivered until the full purchase price has been paid, regardless of whether the goods were intended for resale.

16.2. The Customer acknowledges The Green Generation (Pty) LTD’s right to repossess the goods if the Customer fails to make any payment, either in full or in part. The Customer has the responsibility of proving that no default in payment has occurred and that full payment has been made to The Green Generation (Pty) LTD.

16.3. The Green Generation (Pty) LTD’s right to repossess the goods, as stated in clause 16.2, includes the authority for The Green Generation (Pty) LTD or its agents to enter the Customer’s premises to inspect and/or remove the goods.

17. Notification of Defects
17.1. The Customer must inform The Green Generation (Pty) LTD of any defects in the goods within 5 days of receiving them.

17.2. Failure to do so will be deemed as acceptance that the goods are complete and without defects, and the Customer will be unable to make any claims against The Green Generation (Pty) LTD regarding the defective goods.

17.3. If The Green Generation (Pty) LTD acknowledges that the goods are indeed defective, its liability will be limited to replacing the defective goods upon their return.

17.4. Regardless of any claim the Customer may have for defective goods, they are not permitted to withhold payment or offset any amount owed to The Green Generation (Pty) LTD against the payment due.

18. Return of Goods
18.1. In the event that The Green Generation (Pty) LTD agrees to accept the return of goods for credit, the Customer will be responsible for paying The Green Generation (Pty) LTD a handling charge, which shall amount to no less than 30% (thirty percent) of the invoiced price of the returned goods.
19. Warranties and Guarantees
19.1. The Green Generation (Pty) LTD does not provide any warranties for its products and does not make any representations regarding the suitability of the goods for specific purposes.

19.2. Product warranties are manufacturer specific and differ according to product.

19.3. The Green Generation (Pty) LTD offers a 12-month guarantee on workmanship.
20. Limitation of Liability and Indemnity
20.1. The Green Generation (Pty) LTD, its employees, and agents shall not be held liable for any loss or damage, whether direct, indirect, consequential, or otherwise, including loss of profit, arising from any cause related to the goods, services performed, or advice provided by The Green Generation (Pty) LTD.

20.2. This includes any adverse effects resulting from the application of any process or treatment to the goods after delivery.

20.3. This limitation of liability applies to breaches of contract, negligence, or any other cause without limitation. The Customer agrees to indemnify and hold The Green Generation (Pty) LTD harmless against any claims arising from such loss or damage.
20.4. If the Customer sells or transfers the goods supplied by The Green Generation (Pty) LTD to a third party or allows a third party to use the goods, the Customer must include a provision in their agreement with the third party that grants The Green Generation (Pty) LTD a similar limitation of liability as stated in clause 20.
21. Force Majeure
21.1. If The Green Generation (Pty) LTD is unable to fulfill its obligations under a contract with the Customer due to circumstances beyond its control, including but not limited to strikes, lock-outs, fires, explosions, floods, storms, riots, wars, sabotage, accidents, acts of God, embargoes, legislation, transportation shortages or breakdowns, carrier negligence, inability to obtain raw materials, civil unrest, government interference or control, or any other unforeseen event (referred to as “force majeure”), The Green Generation (Pty) LTD shall be relieved of its obligations for the duration of the force majeure event.

21.2. The Green Generation (Pty) LTD will not be held liable for any delay or failure in fulfilling its obligations under such circumstances, nor for any general, special, or consequential losses or damages suffered by the Customer as a result.

21.3. If The Green Generation (Pty) LTD invokes force majeure, it will promptly notify the Customer in writing once the force majeure event has ended. If the force majeure event continues for more than 10 days, The Green Generation (Pty) LTD may choose to cancel the contract with the Customer for any remaining unfulfilled obligations under the contract.
22. Cancellation
22.1. Even if The Green Generation (Pty) LTD accepts the cancellation of a contract, The Green Generation (Pty) LTD retains the right to seek compensation for any damages it has incurred as a result of or in connection with the cancellation.

22.2. This includes, but is not limited to, recovering all costs, expenses, and loss of profit associated with the cancellation.
23. Notices and Domicilium
23.1. All communication related to the contract must be in writing and can be delivered by hand or sent via prepaid registered post. The Green Generation (Pty) LTD can be reached at Building A, Country Club Estate Office Park, 21 Woodlands Dr, Woodlands, Sandton, 2191, Republic of South Africa.

23.2. The Customer’s address for communication will be one of the physical addresses specified in their credit application, quotation, or invoice relating to the goods.

23.3. These addresses will serve as the parties’ domicilium citandi et executandi for the purpose of the contract.

23.4. Either party has the right to change their domicilium address within the Republic of South Africa by notifying the other party in writing. The change will be effective upon delivery or deemed delivery of the notice.

24. General
24.1. No agent or employee of The Green Generation (Pty) LTD, except for a director of The Green Generation (Pty) LTD, has the authority to change or modify these conditions.

24.2. The Customer cannot rely on any representation that allegedly convinced them to enter into the contract.

24.3. No agreement altering, adding, deleting, or cancelling any of these conditions, and no waiver of any of these conditions, will be effective unless it is in writing and signed by a director of The Green Generation (Pty) LTD.

24.4. Any indulgence granted by The Green Generation (Pty) LTD will not constitute a waiver of any of The Green Generation (Pty) LTD ‘s rights.

24.5. If The Green Generation (Pty) LTD refers any claim or dispute against the Customer to its attorneys, and regardless of whether The Green Generation (Pty) LTD initiates or defends legal or arbitration proceedings to enforce or protect its rights, The Green Generation (Pty) LTD has the right to recover from the Customer all legal costs (on an attorney and own client basis), tracing charges, and collection commission incurred by The Green Generation (Pty) LTD.

24.6. If The Green Generation (Pty) LTD decides to enforce any of its rights against the Customer through legal proceedings, The Green Generation (Pty) LTD may do so in the Magistrate’s Court that would have jurisdiction if it weren’t for the amount involved.

24.7. A certificate signed by a director of The Green Generation (Pty) LTD that reflects the amount owed by the Customer, as well as details of all deliveries and related invoices, will serve as prima facie proof of the Customer’s indebtedness to The Green Generation (Pty) LTD.

24.8. The Customer cannot assign its rights or delegate its obligations under the contract without the prior written consent of a director of The Green Generation (Pty) LTD.

24.9. Credit facilities granted by The Green Generation (Pty) LTD are at its discretion, and The Green Generation (Pty) LTD can vary, limit, or terminate such facilities at any time without notice to the Customer.

24.10. Unless it contradicts the context of these conditions, words indicating one gender will include the other genders, words indicating the singular will include the plural, and vice versa. Additionally, words indicating natural persons will include legal entities, and vice versa.

24.11. Clause headings are provided for convenience only and should be disregarded in interpreting these conditions.

24.12. If any part of these conditions is or becomes unenforceable, it will be separated from the rest of the conditions, and the remaining provisions will continue to be binding.

24.13. This agreement will be interpreted and implemented in accordance with the laws of the Republic of South Africa.