Serious Series Imports supply imported parts and accesories (goods) for delivery to a specified address in Southern Africa. These terms and conditions apply to the delivery of these services and or goods to the customer.

1. DELIVERY

Unless the customer's order contains a date for delivery that is accepted by Serious Series Imports in writing, the date for delivery shall be as and when the goods become available for delivery.

Notwithstanding anything else agreed to, Serious Series Imports shall have no obligation to supply or deliver for as long as the customer is in arrears with any payments owing to Serious Series Imports from whatsoever cause. In such event or if the customer is wound up, or fails to pay on due date, Serious Series Imports reserves the right to cancel any order and cease any further deliveries.

Serious Series Imports shall have no liability for late delivery or non-delivery of any goods due to force majeure or circumstances beyond our control and shall not be responsible for loss or damage caused by late delivery or non-delivery, howsoever caused.

All dates of delivery shall be treated as approximate dates only and the customer shall not be entitled to cancel the contract, nor have any claim of whatsoever nature against us, arising from delays in delivery howsoever caused, save where Serious Series Imports have agreed in writing to the contrary, but even then, if delivery is reasonably delayed due to circumstances beyond our reasonable control, the customer agrees to accept delivery on a later date. Serious Series Imports shall have the right to effect part deliveries.

Any claim for shortage of goods delivered shall not be valid or enforceable unless notified in writing within 5 working days of delivery.

2. PRICE

Unless otherwise stated, all prices shall include Value Added Tax at the rate determined by the South African Tax Authorities, from time to time.

Serious Series Imports reserves the right to charge interest on overdue amounts at prime rate plus two percent (2%).

Where our quotation or invoice specifies amounts payable to third party suppliers, particularly, but not limited to, postal or courier services and any other item(s) which may be required by the customer, any change(s) in such cost(s) will be for the account of the customer.

3. PAYMENT

Payment for goods shall become due and payable net and without deduction upon ordering unless otherwise specified and accepted by us in writing.

Payment(s) for service(s) provided or arranged for the customer by Serious Series Imports shall become due and payable net and without deduction upon acceptance of these service(s) unless otherwise specified and accepted by us in writing.

Payment shall not be set off against, or withheld on account of, any alleged counterclaim by the customer. Where orders are executed in instalments, payments shall be made in instalments in respect of each part delivery. Only payments made to a specified bank account will be recognised.

All goods sold by Serious Series Imports are in accordance with the standard specifications applicable to such goods and subject to these Conditions of Sale. No variation hereof and no contrary stipulations shall be valid or applicable unless specifically accepted by us in writing.

The risk in the goods shall pass to the customer upon delivery, but ownership of the goods shall remain vested in Serious Series Imports until the purchase price have been paid in full. While ownership remains vested in Serious Series Imports, the customer undertakes to do all that is necessary to ensure that the goods remain unencumbered and, inter alia, do not become the subject matter of any lien, hypothec, pledge or other encumbrance or judicial attachment from whatsoever cause arising.

Serious Series Imports shall not be able to accept return of any oods sold and delivered unless these goods are under warranty of the manufacturer.

If goods have been made or assembled to suit the customer's specific requirements, or non-stock items have been acquired and sold, such goods shall not be returned for credit and any deposits paid will be forfeited.

4. DAMAGES

Under no circumstances shall we be liable for any damages to the customer from any cause whatsoever and more specifically we shall not be liable for any claim for consequential damages caused by any goods ordered or by following any information and or advice given on this website..

5. LIMITATION OF LIABILITY

All goods are provided on an “AS IS, AS AVAILABLE” basis. No warranties, expressed or implied, including but not limited to those of merchantability or fitness for a particular purpose, are made with respect to these services or any information provided thereby.

Serious Series Imports shall have no liability whatsoever to the customer for any claim(s) relating in any way to: his/her inability or failure to perform research or related work or to work properly or completely, or any lost profits or consequential, exemplary, incidental, indirect or special damages relating in whole or in part to your rights hereunder or use of, or inability to use, these goods.

Under no circumstances and under no legal theory, tort, contract, or otherwise, shall Serious Series Imports be liable to the customer or any other person for any indirect, special, incidental, or consequential damages of any character including, without limitation, damages for loss of goodwill, work-stoppage, or any and all other commercial damages or losses, or for any damages even if Serious Series Imports has been informed of the possibility of such damages, or for any claim by any other party.

Notwithstanding any waiver, indulgence or relaxation granted by us, these conditions shall remain in full force and effect unless expressly altered in writing, and signed by both parties.

The customer indemnifies Serious Series Imports against any claim(s) that may be made against Serious Series Imports arising out of any purported infringement of any patent, trademark or copyright in respect of the goods or services delivered.

6. OPERATION

Serious Series Imports reserves the right to change without notice, including but not limited to access procedures, hours of operation, menu structures, commands, documentation, goods and services offered. Modification to these Terms and Conditions will be posted to Serious Series Imports' Web page (www.seriousseries.co.za/terms_cond.html). Customers are encouraged to review the current Terms and Conditions on a regular basis. Customers’ continuous use of the service after such a notice shall constitute customer acceptance of such modifications. Customers will be liable to the terms and conditions as stipulated when ordering any goods or services.

The customer understands that he/she may not receive advance notification of any interruption of service.

Serious Series Imports reserves the right to change its prices at any time. Prices as agreed upon when ordering goods or services shall remain binding.

7. LEGAL AGE/AUTHORISATION

The Customer or its Agent certifies that he/she is above the age of 18 years, has full contractual capacity and is duly authorised by the customer to contract on the customer’s behalf.

Where acting on behalf of a Partnership, Close Corporation, Private-, Public Company or any other form of company/legal entity, the customer hereby confirms that he/she has the full permission or authority to act on behalf said legal entity.

The signatory hereof any contract for the customer, when acting in a representative capacity warrants that he/she has the authority to bind his/her principal to this agreement and furthermore binds himself/herself as surety and co-principal debtor in solidum under renunciation of the benefits of division and excursion for all amounts owing hereunder by the customer to Serious Series Imports.

8. LITIGATION AND ATTORNEY'S FEES

In the event of any dispute arising out of or relating to this agreement, such dispute shall be resolved in a location determined by Serious Series Imports.

The customer shall be liable to Serious Series Imports for all legal expenses on the Attorney Customer scale of an Attorney and Counsel incurred by Serious Series Imports in the event of:

• Any default by the customer.
• Any litigation in regard to the validity and enforceability of this agreement.

The customer will also be liable for any collection or valuation fees incurred. The customer agrees that Serious Series Imports shall not be liable to make payment of security into Court in terms of section 62 of the Magistrate’s Court Act, as amended. The customer hereby consents to the jurisdiction of the Magistrates Court. The customer chooses Domicilium citandi et executandi for services of all documents and processes, the address entered in on the customers' personal details.

Serious Series Imports shall be entitled at their option to institute any proceedings arising from this agreement in the Magistrate's Court having territorial jurisdiction notwithstanding that the amount of relief sought would otherwise be beyond the said Court's jurisdiction.

An agreement signed by any one of Serious Series Imports’s members shall be sufficient proof for the purpose of any legal proceedings and shall be binding on Serious Series Imports as well as the customer.

9. GENERAL

This information is provided by Serious Series Imports and is intended to make the customer aware of the Terms and Conditions under which Serious Series Imports operates.

The customer will also be expected to comply with any Terms and Conditions of any third party which Serious Series Imports may use to provide certain goods or services to a customer. Serious Series Imports will notify the customer of any such third party which will be used when necessary to provide a service.