Terms of Service
Last updated 31 May 2025
POL-080-CS Terms of Service
STANDARD TERMS AND CONDITIONS OF SERVICE OF PBC GROUP (PTY) LTD
(hereinafter referred to as PBC Group)
1. APPLICABILITY OF THE STANDARD CONDITIONS
Unless otherwise agreed in writing and signed by PBC Group, these Standard Conditions of Service shall constitute the entire agreement between PBC Group and the CLIENT and all services are rendered subject to this Agreement only. Any additional or different terms or conditions contained in the CLIENT’s order shall be null and void and of no force and effect.
2. DEFINITIONS
2.1 “CLIENT” means any person or persons at whose request or on whose behalf or in respect of whom PBC Group undertakes any business.
2.2 “PBC Group” means PBC Group (Pty) Limited, Registration No 2017 2882 13 07;
2.3 “these conditions” means these Standard Terms and Conditions of Service.
3. ORDER
3.1 The contract between PBC Group and the CLIENT shall only come into existence when a duly authorised representative of PBC Group has accepted the CLIENT’s order either wholly or in part.
3.2 All orders accepted by PBC Group shall be binding on the CLIENT and may not be cancelled without obtaining PBC Group’s prior written consent.
4. PRICES
4.1 Subject to the other provisions of these conditions, the service prices at which the services shall be rendered will be determined by agreement between PBC Group and the CLIENT from time to time.
4.2 The prices are based on the costs to PBC Group, at the date on which the contract between the CLIENT and PBC Group is concluded, of carrying out its obligations under such contract, which includes, inter alia:
4.2.1 the cost to PBC Group of acquiring the necessary resources and the costs of labour and travel;
4.2.2 the cost of purchasing foreign currency to pay for the importation of necessary resources;
4.2.3 import duties, government imposts, levies and other charges.
4.3 If, after the date of conclusion of the contract between PBC Group and the CLIENT, there is an unfavourable change in the relevant foreign currency exchange rate or the applicable government imposts, levies or charges or any other change to the costs of labour, resources or travel, resulting in an increased cost to PBC Group in rendering the services in question, then PBC Group shall, on 30 (thirty) days’ notice in writing to the CLIENT, be entitled to adjust its price by the amount of such increase.
4.4 Within 14 (fourteen) days of the date of the written notice of the price increase from PBC Group or its agents, the CLIENT shall, on notice in writing, be entitled to cancel any undelivered balance of the order which has not yet been prepared as at the date of receipt of the CLIENT’s notice by PBC Group. The CLIENT shall be deemed to have accepted the price increase if PBC Group does not receive the CLIENT’s notification of the cancellation of the whole or a portion of the order within 14 (fourteen) days of the date of PBC Group’s notice of the price increase.
4.5 Unless otherwise stipulated, all prices are exclusive of VAT.
4.6 If the CLIENT varies its order or if there are delays or changes which are not because of any act or omission of PBC Group, PBC Group shall be entitled to revise its prices by notice in writing.
4.7 In the event of a price reflected on an order or confirmation of the order being incorrect due to a clerical error, then PBC Group shall have the right to amend such price to rectify the error.
5. VALUE ADDED TAX
The CLIENT shall be responsible for and undertakes to pay to PBC Group, at the same time as it is obliged to pay any sum in respect of services rendered or to be rendered, any tax payable thereon by PBC Group in terms of the Value Added Tax Act, Act 89 of 1991, as amended from time to time, or any replacement Act.
6. PAYMENT
6.1 Unless otherwise specifically agreed to by PBC Group in writing, all amounts shall be paid by the CLIENT to PBC Group, without deduction, demand or set-off, within thirty days of the date of PBC Group’s statement of account.
6.2 Any amount not paid on due date shall, at the discretion of PBC Group, bear interest from the due date until it is paid, at a rate not exceeding 2 percentage points above the published prime overdraft rate from time to time of PBC Group’s principal bankers.
6.3 A letter purporting to be signed by a general, branch or other manager of PBC Group’s principal bankers, setting out the published prime overdraft rate from time to time shall be proof of the rate until the contrary is proved.
6.4 If any amount owing by the CLIENT to PBC Group is not paid on the due date then all amounts owing by the CLIENT to PBC Group from any cause whatsoever shall become immediately due and payable.
7. TIME NOT OF THE ESSENCE
7.1 The time stated for the rendering of any service by PBC Group is approximate only and shall not be a material term to the contract between PBC Group and the CLIENT.
7.2 Subject to 7.1, PBC Group will make reasonable efforts to render services within the times stated in the contract and late delivery shall not render the contract invalid nor render PBC Group liable for any claim or damages.
7.3 Rendering of the services is dependent on resource availability and shall be made, subject to 7.1 and 7.2, when resources are available.
8. DELIVERY AND RISK
8.1 Unless otherwise agreed in writing, the CLIENT shall take delivery of the services from a remote location via an electronic digital platform. If PBC Group agrees to render the services to the CLIENT at any other place, then the CLIENT will be liable for all of the costs of delivery and these costs shall be paid to PBC Group by the CLIENT on demand.
8.2 Where delivery is effected by PBC Group’s transport, or by PBC Group’s transport contractor:
8.2.1 all risks in the services shall remain with PBC Group until and shall pass to the CLIENT on the transporting vehicle coming to a stop at the point where the services are to be rendered;
8.2.2 the responsibility for unloading rests with the CLIENT;
8.2.3 PBC Group reserves the right to pass on to the CLIENT any additional charges or any other costs whatsoever, including insurance premiums, which may be incurred by PBC Group as a result of delayed or protracted unloading of the services by or on behalf of the CLIENT;
8.2.4 PBC Group also reserves the right to charge the CLIENT with any other costs relating to the delivery of the services to the CLIENT, including insurance premiums.
8.3 When a delivery is made by PBC Group to the CLIENT through the medium of a transport carrier engaged by or on behalf of the CLIENT, then and in such event, all risks in and to the services in question shall pass to the CLIENT on delivery of the services by PBC Group to the carrier.
8.4 Unless the CLIENT reports in writing an incomplete or short delivery to PBC Group within 7 (SEVEN) days of the consignment in question having been delivered, the CLIENT shall be precluded from making any claim against PBC Group in connection with such short or incomplete delivery.
8.5 Where the CLIENT requests that delivery be suspended or delayed to a date later than that originally requested, PBC Group shall be entitled to charge the CLIENT a reasonable fee for the storage of such services.
8.6 PBC Group is entitled to withhold delivery of services if the CLIENT has not made payment of amounts due in respect of previous orders.
9. OWNERSHIP
9.1 Ownership of all services rendered shall remain in PBC Group until PBC Group has received payment of the full service price notwithstanding that the services may have been purchased for resale.
9.2 The CLIENT acknowledges PBC Group’s rights to repossess the services if the CLIENT defaults with any payment, in whole or in part, and the CLIENT shall bear the onus of proving that it has not defaulted with any payment and that payment has been made in full to PBC Group.
9.3 PBC Group’s rights to repossess the services in terms of clause 9.2, includes, inter alia, PBC Group and/or its agents having the right to enter the CLIENT’s premises for the purpose of inspecting and/or removing the services from the CLIENT’s premises.
10. HYPOTHEC
The CLIENT shall give valid notice to his landlord of the terms of these Conditions in order to prevent the landlord’s hypothec from being exercised over any services rendered by PBC Group to the CLIENT.
11. NOTIFICATION OF DEFECTS
11.1 Within 7 (SEVEN) days after the receipt of the services the CLIENT shall be required to advise PBC Group of any defects, failing which the services shall be deemed to be complete in all respects and without defects, and the CLIENT shall be precluded from making any claim against PBC Group in connection with the defective services.
11.2 If PBC Group agrees that the services are defective, PBC Group’s liability shall be limited to replacing such services as against return to it of the defective services.
11.3 Notwithstanding that the CLIENT may have a claim against PBC Group for the services being defective, the CLIENT is not entitled to withhold payment of any amount due to PBC Group nor set off any amount against any payment due to PBC Group.
12. RETURN OF SERVICES
If PBC Group agrees to accept the return of any services for credit, the CLIENT shall be liable to pay PBC Group a handling charge of not less than 10% (ten percent) of the invoiced price of the services returned.
13. NO WARRANTIES
PBC Group gives no warranties and makes no representations as to the suitability of the services for any specific use.
14. LIMITATION OF LIABILITY AND INDEMNITY
14.1 Neither PBC Group nor any of its employees or agents shall be liable for any loss or damage whatsoever, whether direct, indirect, consequential or otherwise, including any loss of profit, to any person or property, arising from any cause in connection with the services performed or advice given by PBC Group, including inter alia, deleterious effects resulting from the application of any process or treatment to the services after delivery, whether such loss or damage results from any breach of contract, delict, negligence of any degree or any other cause without limitation. The CLIENT hereby indemnifies PBC Group and holds it harmless against all and any claims which may at any time be made against PBC Group in respect of any such loss or damage.
14.2 If a CLIENT sells or disposes of any services rendered to it by PBC Group to a third party or otherwise permits a third party to use such services, the CLIENT shall include in the CLIENT’s agreement with the third party a provision in terms of which PBC Group is afforded a similar limitation of liability to that contemplated in 14.1.
14.3 Subject to clauses 8.4 and 11.2, any claim which a CLIENT has against PBC Group in connection with or arising out of any business shall lapse and become extinguished unless within:
14.3.1 90 days of such claim arising, the CLIENT gives written notice thereof to PBC Group and at the same time discloses to PBC Group in writing the material facts on which the claim is based; and
14.3.2 12 months of such claim arising, the CLIENT institutes legal proceedings against PBC Group in respect of the claim by issuing summons out of a court of competent jurisdiction and having such summons served on PBC Group.
15. FORCE MAJEURE
If PBC Group is prevented or restricted directly or indirectly from carrying out all or any of its obligations under a contract with the CLIENT by reason of strike, lock-out, fire, explosion, floods, storms, riot, war, sabotage, accident, an act of God, embargo, legislation, shortage of or a breakdown in transportation facilities, negligence of the carriers, inability to obtain necessary resources, civil commotion, unrest or disturbances, cessation of labour, government interference or control, or any other cause or contingency beyond the control of PBC Group, PBC Group shall be relieved of its obligations in terms of the contract with the CLIENT during the period that such event and its consequences continue and shall not be liable for any delay or failure in the fulfilment of any obligations thereunder or loss or damages either general, special or consequential, which the CLIENT may suffer due to or resulting from such delay or failure in performance. If PBC Group invokes force majeure it shall upon termination of such event giving rise thereto, forthwith give written notice thereof to the CLIENT. Should such force majeure continue for a period of more than 10 (ten) days then PBC Group shall be entitled forthwith to cancel the contract with the CLIENT in respect of any obligation still to be performed thereunder.
16. CANCELLATION
Notwithstanding the acceptance of the cancellation of a contract by PBC Group, PBC Group shall be entitled to recover all damages incurred by it arising from or in connection with such cancellation, including but not being limited to all costs, expenses and loss of profit arising out of or in connection with such cancellation.
17. NOTICES AND DOMICILIA
17.1 All notices to be given in terms of the contract shall be in writing and delivered via email to support@pbcgroup.co.za or any alternative email address provided in a service level agreement signed between a PBC Group representative and the CLIENT; and to the CLIENT at any one of the physical business addresses set out in its credit application, quotation giving rise to the contract, or the invoice in respect of the services, which physical addresses the parties select as their domicilium citandi et executandi.
17.2 Each party shall be entitled at any time to change its domicilium to any other physical address within the Republic of South Africa, provided that such change shall take effect only upon delivery or deemed delivery of notice thereof to the other party.
18. GENERAL
18.1 No agent or employee of PBC Group, other than a director of PBC Group, has PBC Group’s authority to alter or vary these conditions.
18.2 The CLIENT may not rely on a representation which it claims persuaded it to enter the contract.
18.3 No agreement varying, adding to, deleting from or cancelling any of these conditions, and no waiver of any of these conditions, shall be effective unless reduced to writing and, signed by a director of PBC Group.
18.4 No indulgence granted by PBC Group shall constitute a waiver of any of PBC Group’s rights.
18.5 If PBC Group refers any claim or dispute against the CLIENT to its attorneys, and whether or not PBC Group institutes or defends any legal or arbitration proceedings to enforce or protect its rights, PBC Group shall be entitled to recover from the CLIENT all legal costs (on an attorney and own client basis), tracing charges and collection commission incurred by PBC Group in that regard.
18.6 In the event of PBC Group deciding to institute legal proceedings for the enforcement of any of its rights against the CLIENT, PBC Group shall be entitled to do so in the Magistrate’s Court which would, but for the amount involved, have jurisdiction.
18.7 A certificate signed by a director of PBC Group reflecting particulars of the amount owing by the CLIENT together with details of all services rendered to the CLIENT and the invoices pertaining to such services shall be prima facie proof thereof and of the CLIENT’s indebtedness to PBC Group.
18.8 The CLIENT may not cede any of its rights or delegate any of its obligations in terms of the contract unless a director of PBC Group gives prior written consent to the CLIENT to do so.
18.9 Credit facilities allowed by PBC Group are in PBC Group’s discretion and PBC Group is entitled, at any time, without notice to the CLIENT to, vary, curtail or terminate such facilities.
18.10 Unless it conflicts with the context of these conditions, words signifying one gender will include the other genders, words signifying the singular will include the plural and vice versa, and words signifying natural persons will include artificial persons and vice versa.
18.11 Headings of clauses are inserted for the purpose of convenience only and shall be ignored in the interpretation of these conditions.
18.12 If any part of these conditions is or becomes unenforceable, it will be severable from the rest of these conditions which will continue to be binding.
18.13 This agreement shall be interpreted and implemented in accordance with the law of the Republic of South Africa.
Contact Information
For queries or concerns regarding this policy or your personal information, please contact our Information Officer:
Name: Information Officer
Email: support@pbcgroup.co.za