Quotation, order and contract formation
A search result, customer price, Quote List, online request or message is not automatic acceptance of an order and is not itself a sale. A sale is formed only when Terra issues and accepts a written quotation, order confirmation or invoice on the terms stated in it.
If these Terms conflict with a specific written quotation, invoice or agreement, the specific document prevails to the extent of the conflict, subject to rights that cannot lawfully be excluded.
Prices, VAT, availability and validity
Unless expressly stated otherwise in writing, website and Terra quotation prices are in South African Rand (ZAR) and exclude VAT. Prices, transport charges, stock availability, lead times and specifications must be confirmed in writing.
Prices for imported, special-order or non-stock goods may vary with supplier cost, exchange rates, freight, duties, taxes and availability. Terra will correct obvious pricing or description errors before final order acceptance.
Identification, suitability and installation
The customer must provide accurate and sufficient information, including part numbers, make and model, serial number or VIN where applicable, engine, samples, photographs, dimensions and mounting details. Terra will assist with verification, but final suitability must be confirmed before installation.
Filters, starter motors, alternators and aircon compressors must be installed, connected and maintained using correct procedures, safety requirements, manufacturer specifications and suitably qualified persons where the application requires it.
A cross-reference number does not replace physical and technical verification of the part. Damage caused by incorrect fitment, incorrect wiring, contamination, incorrect voltage, wrong rotation, incorrect lubrication, abuse or use outside specification may not constitute a product defect.
Delivery, collection and special orders
Delivery method, delivery point, timing, charges, insurance, collection and transfer of risk are as stated in the applicable quotation or invoice and remain subject to law. Delivery dates are estimates unless expressly guaranteed in writing.
Imported, made-to-order, special-order or customer-specific goods may be subject to cancellation or return restrictions to the extent permitted by law and where those restrictions were clearly disclosed before the order.
Cross-border customers are supplied on cash terms unless a different written arrangement is lawfully agreed. Import duties, taxes and destination charges are for the party identified in the quotation or applicable Incoterms.
Payment and credit
Payment terms are those stated in the quotation, invoice or approved account agreement. Any credit facility is subject to written approval, limits, conditions and applicable law.
Terra may suspend future supply where overdue amounts remain unpaid, subject to applicable law and any binding written agreement.
Returns, warranties and consumer rights
Returns, credits and warranty claims should be reported promptly with proof of purchase and enough information to assess the issue. Terra may require return of the part and information about installation, application and operating conditions.
Express manufacturer or supplier warranties supplement, but do not replace, statutory rights that apply. Where the Consumer Protection Act 68 of 2008 (CPA) applies, consumer rights include the implied warranty of quality and the remedies in section 56, including the statutory six-month period for goods that fail to meet the applicable requirements.
Normal wear, damage after supply, misuse, abuse, contamination, modification, incorrect installation, inadequate maintenance or use outside specification may affect a claim to the extent permitted by law.
Nothing in these Terms is intended to remove rights granted by the CPA or other applicable law. Where the CPA does not apply, rights and responsibilities are governed by the quotation, invoice, applicable warranty and common law.
Liability, suppliers and third parties
To the fullest extent permitted by law, Terra, its directors, employees, agents, contractors and suppliers are not liable for indirect or consequential loss arising from delay, unavailability, production loss, machine downtime or incorrect selection/installation where that loss is not reasonably attributable to a non-excludable legal obligation of Terra.
Terra does not guarantee uninterrupted availability from manufacturers, suppliers, freight providers or third-party supply chains. However, no provision limits liability imposed by law that cannot be excluded, including applicable liability under the CPA.
Events outside reasonable control
Terra will not be treated as in breach for delay caused by events outside its reasonable control, including transport disruption, customs delays, strike, conflict, disaster, supplier failure, power or communications failure and acts of public authorities. This clause does not remove any refund, cancellation or other remedy that the law makes mandatory.
Governing law and severability
These Terms and Terra sales are governed by the laws of the Republic of South Africa, unless a cross-border transaction is validly subject to different written terms. Any unenforceable term will be limited or severed only to the extent necessary.
The limitations, assumptions of risk and indemnities in these Terms must be read together with the highlighted notice that applies and the relevant quotation or invoice.
CORPORATE INFORMATION
Need additional legal information?
See the Legal & Compliance page and PAIA Manual, or contact Terra with privacy, access-to-information or commercial-terms enquiries.