Terms and Conditions
STANDARD TERMS AND CONDITIONS FOR A PURCHASE AGREEMENT
1. DEFINITIONS
1.1 In this document, the following terms have the meanings assigned to them below, namely –
1.1.1 "Consumer Protection Act" means the Consumer Protection Act 68 of 2008, as amended and any Regulations promulgated in respect thereof;
1.1.2 "Harm" means harm, as described in section 61(5) of the Consumer Protection Act;
1.1.3 “PPC” shall mean PPC Limited, Registration number 1892/000667/06, and any other company in the Group; “the Group’ shall mean PPC Lime Ltd, PPC Cement (Pty) Ltd, PPC Saldanha (Pty) Ltd, PPC Slag (Pty) Ltd or any other company forming part of PPC’s group of companies;
1.1.4 “Protected consumer” means a consumer as defined in section 1 of the Consumer Protection Act and whose annual turnover or assets value falls below the threshold contemplated in section 5 of the Consumer Protection Act and to whom the Act applies;
1.1.5 “POPI” means the Protection of Personal Information Act, No. 4 of 2013;
1.1.6 "Personal Information" means information as defined in Section 1 of POPI, relating to any person, including but not limited to: (i) information relating to the race, gender, sex, marital status, national, ethnic or social origin, colour, age, disability, language and birth of the person; (ii) information relating to the education or the medical, financial, criminal or employment history of the person; (iii) information relating to the financial affairs of the person; (iv) credit card details and transactional data; (v) any identifying number, symbol, e-mail address, physical address, telephone number or other particular assignment to the person; (vi) correspondence sent by the person that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence; (vii) the views or opinions of another individual about the person; (viii) the name of the person if it appears with other personal information relating to the person or if the disclosure of the name itself would reveal information about the person; and (ix) any other information which may be treated or defined as "personal information" in terms of any applicable Laws, including any applicable Data Protection Legislation;
1.1.7 "Consent” as defined in section 1 of POPI means any voluntary, specific and informed expression of will in terms of which permission is given for the processing of personal information;
1.1.8 Notification to data subject when collecting personal information:
(1) If personal information is collected, the responsible party must take reasonably practicable steps to ensure that the data subject is aware of – (a) the information being collected and where the information is not collected from the data subject, the source from which it is collected;
(b) the name and address of the responsible party;
(c) the purpose for which the information is being collected;
(d) whether or not the supply of the information by that data subject is voluntary or mandatory;
(e) the consequences of failure to provide the information;
(f) any particular law authorising or requiring the collection of the information;
(g) the fact that, where applicable, the responsible party intends to transfer the information to a third country or international organisation and the level of protection afforded to the information by that third country or international organisation;
(h) any further information such as the -
(i) recipient or category of recipients of the information;
(ii) nature or category of the information;
(iii) existence of the right of access to and the right to rectify the information collected;
(iv) existence of the right to object to the processing of personal information as referred to in section 11(3); and
(v) right to lodge a complaint to the Information Regulator and the contact details of the Information Regulator, which is necessary, having regard to the specific circumstances in which the information is or is not to be processed, to enable processing in respect of the data subject to be reasonable.
(2) The steps referred to in subsection (1) must be taken - (a) if the personal information is collected directly from the data subject, before the information is collected, unless the data subject already aware of the information referred to in that subsection; or
(3) it is not necessary for a responsible party to comply with subsection (1) if -
(a) the data subject or a competent person where the data subject is a child has provided consent for the noncompliance;
(b) noncompliance would not prejudice the legitimate interests of the data subject as set out in terms of this Act;
1.1.9 “Processing” as defined in section 1 of POPI means any operation or activity or any set of operations, whether or not by automatic means, concerning personal information, including -
(a) the collection, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation or use;
(b) dissemination by means of transmission, distribution or making available in any other form; 1.1.10 “Responsible party” as defined in section 1 of POPI means a public or private body or any other person which, alone or in conjunction with others, determines the purpose of and means for processing personal information;
1.2 Unless a contrary intention clearly appears, the terms used in this document shall have the meanings assigned to them in section 1, section 53 or any other section, as the case may be, of the Consumer Protection Act.
1.3. The provisions of POPI shall be applicable to this agreement.
1.1.1 "Consumer Protection Act" means the Consumer Protection Act 68 of 2008, as amended and any Regulations promulgated in respect thereof;
1.1.2 "Harm" means harm, as described in section 61(5) of the Consumer Protection Act;
1.1.3 “PPC” shall mean PPC Limited, Registration number 1892/000667/06, and any other company in the Group; “the Group’ shall mean PPC Lime Ltd, PPC Cement (Pty) Ltd, PPC Saldanha (Pty) Ltd, PPC Slag (Pty) Ltd or any other company forming part of PPC’s group of companies;
1.1.4 “Protected consumer” means a consumer as defined in section 1 of the Consumer Protection Act and whose annual turnover or assets value falls below the threshold contemplated in section 5 of the Consumer Protection Act and to whom the Act applies;
1.1.5 “POPI” means the Protection of Personal Information Act, No. 4 of 2013;
1.1.6 "Personal Information" means information as defined in Section 1 of POPI, relating to any person, including but not limited to: (i) information relating to the race, gender, sex, marital status, national, ethnic or social origin, colour, age, disability, language and birth of the person; (ii) information relating to the education or the medical, financial, criminal or employment history of the person; (iii) information relating to the financial affairs of the person; (iv) credit card details and transactional data; (v) any identifying number, symbol, e-mail address, physical address, telephone number or other particular assignment to the person; (vi) correspondence sent by the person that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence; (vii) the views or opinions of another individual about the person; (viii) the name of the person if it appears with other personal information relating to the person or if the disclosure of the name itself would reveal information about the person; and (ix) any other information which may be treated or defined as "personal information" in terms of any applicable Laws, including any applicable Data Protection Legislation;
1.1.7 "Consent” as defined in section 1 of POPI means any voluntary, specific and informed expression of will in terms of which permission is given for the processing of personal information;
1.1.8 Notification to data subject when collecting personal information:
(1) If personal information is collected, the responsible party must take reasonably practicable steps to ensure that the data subject is aware of – (a) the information being collected and where the information is not collected from the data subject, the source from which it is collected;
(b) the name and address of the responsible party;
(c) the purpose for which the information is being collected;
(d) whether or not the supply of the information by that data subject is voluntary or mandatory;
(e) the consequences of failure to provide the information;
(f) any particular law authorising or requiring the collection of the information;
(g) the fact that, where applicable, the responsible party intends to transfer the information to a third country or international organisation and the level of protection afforded to the information by that third country or international organisation;
(h) any further information such as the -
(i) recipient or category of recipients of the information;
(ii) nature or category of the information;
(iii) existence of the right of access to and the right to rectify the information collected;
(iv) existence of the right to object to the processing of personal information as referred to in section 11(3); and
(v) right to lodge a complaint to the Information Regulator and the contact details of the Information Regulator, which is necessary, having regard to the specific circumstances in which the information is or is not to be processed, to enable processing in respect of the data subject to be reasonable.
(2) The steps referred to in subsection (1) must be taken - (a) if the personal information is collected directly from the data subject, before the information is collected, unless the data subject already aware of the information referred to in that subsection; or
(3) it is not necessary for a responsible party to comply with subsection (1) if -
(a) the data subject or a competent person where the data subject is a child has provided consent for the noncompliance;
(b) noncompliance would not prejudice the legitimate interests of the data subject as set out in terms of this Act;
1.1.9 “Processing” as defined in section 1 of POPI means any operation or activity or any set of operations, whether or not by automatic means, concerning personal information, including -
(a) the collection, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation or use;
(b) dissemination by means of transmission, distribution or making available in any other form; 1.1.10 “Responsible party” as defined in section 1 of POPI means a public or private body or any other person which, alone or in conjunction with others, determines the purpose of and means for processing personal information;
1.2 Unless a contrary intention clearly appears, the terms used in this document shall have the meanings assigned to them in section 1, section 53 or any other section, as the case may be, of the Consumer Protection Act.
1.3. The provisions of POPI shall be applicable to this agreement.
2. PURPOSE OF SELLING CONDITIONS
2.1 The customer and PPC agree that these terms and conditions shall apply to any contract for the sale of any product or service by PPC, whether that contract arises out of:
2.1.1 any offer made by PPC and accepted by the customer; or
2.1.2 any offer made by the customer and accepted by PPC, including any such offer made by the customer in response to a quotation from PPC.
2.2 The customer and PPC agree that no alteration or variation of these terms and conditions shall apply, either at the time that the contract is concluded or at any time afterwards, unless the alteration or variation in question is expressly agreed to in writing and signed by an authorised representative of PPC at the time in question.
2.1.1 any offer made by PPC and accepted by the customer; or
2.1.2 any offer made by the customer and accepted by PPC, including any such offer made by the customer in response to a quotation from PPC.
2.2 The customer and PPC agree that no alteration or variation of these terms and conditions shall apply, either at the time that the contract is concluded or at any time afterwards, unless the alteration or variation in question is expressly agreed to in writing and signed by an authorised representative of PPC at the time in question.
3. PRICE
The customer and PPC agree that –
3.1 Save as may be specified on any quotation form, prices are not subject to any discount and are applicable to deliveries made during PPC’s normal working hours.
3.2 All product is supplied at the prices ruling on the date of despatch from the factory and not in terms of earlier outdated quotations or prices at the date of order, irrespective of method of delivery.
3.3 All prices are strictly nett and are exclusive of Value Added Tax. In the case of delivery other than delivery at the factory, prices are subject to adjustment in respect of any increase / decrease in the cost of delivery arising directly or indirectly from any one or more causes, in particular:
3.3.1 in the case of delivery by rail or road, any increase in Transnet railage and/or transport rates and/or any other transport costs, including, but not limited to, fuel costs and e-tolling;
3.3.2 any statutes or law or regulation, bye-law or notice having the effect of law.
3.4 PPC is a supplier and shall not be considered to be a contractor or sub-contractor or in any other way be bound by the terms of any other agreement or contractual document to which PPC is not directly a party.
3.1 Save as may be specified on any quotation form, prices are not subject to any discount and are applicable to deliveries made during PPC’s normal working hours.
3.2 All product is supplied at the prices ruling on the date of despatch from the factory and not in terms of earlier outdated quotations or prices at the date of order, irrespective of method of delivery.
3.3 All prices are strictly nett and are exclusive of Value Added Tax. In the case of delivery other than delivery at the factory, prices are subject to adjustment in respect of any increase / decrease in the cost of delivery arising directly or indirectly from any one or more causes, in particular:
3.3.1 in the case of delivery by rail or road, any increase in Transnet railage and/or transport rates and/or any other transport costs, including, but not limited to, fuel costs and e-tolling;
3.3.2 any statutes or law or regulation, bye-law or notice having the effect of law.
3.4 PPC is a supplier and shall not be considered to be a contractor or sub-contractor or in any other way be bound by the terms of any other agreement or contractual document to which PPC is not directly a party.
4. ORDERS
4.1 The customer accepts responsibility for safe keeping and issuing of its orders and agrees to pay for all orders which purport to be issued on its behalf and are given effect to in good faith by PPC. 4.2 PPC may in its discretion agree to the cancellation, variation or diversion of orders by the customer. If product has already been despatched to the customer, the customer will reimburse PPC for any costs incurred with regard to the cancellation, variation or diversion of any orders. 4.3 PPC may cancel any order if the customer breaches any term of this agreement or makes any attempt of compromise, liquidation, sequestration, termination or judgement is recorded against the customer or any of its principals.
5. DELIVERY
5.1 General:
5.1.1 When bulk product is delivered the mass of the product shall be determined by the assize mass meter used by PPC. Queries in regard to weight variances must be made prior to the breaking of seals on bulk tankers. .
5.1.2 Any claim regarding alleged shortages and quantities delivered must be lodged with PPC immediately and confirmed in writing by endorsing delivery notes to that effect at the time of delivery, failing which the rights of the customer in regard thereto shall be deemed to be waived. .
5.1.3 The customer must give PPC written notice of any claim based on the existence of any alleged defect in the product within fourteen days after delivery (but six months in the case of a protected consumer), failing which the rights of the customer in regard hereto shall be deemed to be waived. Any claim in this regard shall be limited to a claim for the replacement of the defective product and PPC shall not be liable for consequential damages. .
5.1.4 Clear and unrestricted access must be provided at the delivery point for offloading of the product. Save where otherwise stated, delivery will be deemed to have been effected when each delivery vehicle/rail truck arrives at the destination required by the customer and is available for offloading. Transnet or the road transporters’ records shall be prima facie proof of such delivery. .
5.1.5 In relation to delivery of a product, time shall not be of the essence. Accordingly, PPC shall not be liable for any consequential costs or damages arising out of late delivery or the failure to deliver any product or service. .
5.1.6 PPC’s obligation to deliver the product shall in all cases be subject to the following conditions precedent:
5.1.6.1 the availability to PPC of all products and services required for the manufacture of products where the products in question are manufactured by PPC; .
5.1.6.2 the timeous availability and receipt by PPC from its own suppliers of goods and services where the goods and/or services in question are being purchased by PPC; .
5.1.6.3 the timeous receipt by PPC of any instructions required by PPC from any customer for the manufacture, purchase or supply of products. .
5.1.7 If the delivery is to be made in separate consignments, then the provisions of this clause 5 shall apply to each consignment. .
5.1.8 PPC reserves the right to decline to permit its vehicles to proceed to the point of delivery if it considers such access to be in conflict with reasonable conditions of safety for its employees and/or its vehicles. Where the customer fails to accept, or partially accepts delivery of product ordered, the cost of transport and handling charges incurred in the delivery and/or return, shall be for the customer’s account. .
5.1.9 It is the obligation of the customer to ensure that any bulk product ordered is offloaded into the correct silo or bin. .
5.1.10 Prior to the offloading of any bulk product the customer shall ensure that the tanker seals are in good order and that the product to be discharged is the product ordered. .
5.1.11 Any costs incurred in the transport, handling or storage of goods that cannot be delivered or are not accepted for delivery and any connected demurrage charges which have arisen due to PPC being unable to unload its product within a reasonable period will be for the customer’s account. .
5.1.12 Claims for shortages, breakages or water damaged product may be made in respect of deliveries and must comply with PPC’s detailed procedures, a copy of which is available on request. .
5.1.13 All sizes, weights and other specifications given by PPC are approximate only, subject to the provisions of the Legal Metrology Act, 2014. PPC reserves the right to supply products which do not exactly correspond with what it has agreed to supply provided that any differences do not make the goods unsuitable for the customer’s declared purpose. .
5.1.14 Should a customer require abnormal packaging this will be carried out at the customer’s cost and at the customer’s risk. .
5.1.15 Any delivery note or waybill (copy or original) held by PPC, signed by the customer or a person duly authorized by the customer, shall be prima facie proof that delivery was made to the customer. .
5.1.16 Where the need arises, PPC reserves the right to supply a product conforming to the same specification (SANS 50197) from any of its factories regardless of geographic location. The customer’s selling price will not be affected due to changes in source brought about by PPC. PPC however reserves the right to re-negotiate prices where a request to change the source of supply (regardless of product) is received from the customer. .
5.2 Delivery shall be by road unless otherwise stipulated on any quotation, and orders for delivery by road are subject to the following requirements: .
5.2.1 Bulk product will be delivered and pumped into a silo provided by the customer to an approved and accessible site. .
5.2.2 Product will be delivered to only one point at the site address indicated on the order and as reflected on the delivery note and scheduled transport will not be diverted without authority or instructions from PPC. Should the customer request that product to be delivered to another site, the customer will be responsible for any additional transport or any costs that may be incurred. .
5.2.3 In the case of bagged product, offloading will be done by the customer. In the case of bulk product and offloading by compressor, offloading will be effected by PPC. The offloading and receipt of product is to be supervised by a responsible person appointed by the customer. Delivery shall be deemed to have taken place upon the signature of the delivery note signed by the customer or a person duly authorized by the customer. PPC’s delivery notes shall for all purposes be deemed to be accurate in all respects and be binding on the customer. .
5.2.4 Should the customer request that the product be returned to the factory the customer will be responsible for any additional transport or any other costs that may be incurred. .
5.3 Delivery by rail: .
5.3.1 Orders for railed product are accepted in full truck loads in accordance with tariffs and conditions laid down by Transnet. .
5.3.2 In the case of delivery to a rail siding, delivery will take place on arrival of the consignment at the siding, and Transnet’s records will be prima facie proof of such delivery. .
5.3.3 PPC’s selling prices for delivery by rail include delivery to approved stations but any charges for road transport and handling, siding charges, and other ancillary Transnet charges or levies will be for the customer’s account. .
5.3.4 All other charges at destination are for the customer’s account. .
5.3.5 All and any demurrage charges levied by Transnet on PPC shall be for the customer’s account. 5.4 .
Delivery at PPC’s premises: .
5.4.1 If the customer requires delivery to take place by collection by the Customer from a PPC premises, the customer shall make its own arrangements for transport, at its risk. .
5.4.2 Maximum carrying mass will be governed by the relevant statutes. Where the customer appoints his own road transporter to collect the product at the factory, axle loading and any overloading will be the responsibility of the customer. .
5.4.3 Where the customer appoints its own road transporter to collect the product at the factory, PPC’s responsibility for providing proof of delivery will be limited to proving that the product was accepted by the road transporter at the factory. .
5.4.4 Delivery shall be deemed to take place when PPC’s representative issues a delivery note signed on behalf of PPC in accordance with clause 5.1.15. .
5.4.5 PPC reserves the right to search any customer’s vehicles and any vehicle of a road transporter appointed by the customer before it enters or leaves PPC’s premises, and in addition reserves the right to search and customer’s personnel or those of any sub-contractor appointed by the customer. It shall be the responsibility of the customer to ensure that such persons are aware of this provision. .
5.5 Spreading: .
5.5.1 Spreading will be under the direct control of the customer or its representatives. .
5.5.2 Full tanker loads (with a minimum of 22 metric tons) only will be supplied. .
5.5.3 No guarantee is given as to the tolerance of the spread. .
5.5.4 Scales and canvasses will be issued with each contract. The customer or his representative will be held responsible for their safekeeping until the contract is complete. .
5.5.5 It is the responsibility of the customer or his representatives to break the tanker seals and to ensure that the tanker is fully discharged. .
5.5.6 Standing time of 30 (thirty) minutes is permitted, thereafter a standing time charge at the rate specified on any quotation, or in the absence of such specification, at a reasonable rate, will be levied.
5.1.1 When bulk product is delivered the mass of the product shall be determined by the assize mass meter used by PPC. Queries in regard to weight variances must be made prior to the breaking of seals on bulk tankers. .
5.1.2 Any claim regarding alleged shortages and quantities delivered must be lodged with PPC immediately and confirmed in writing by endorsing delivery notes to that effect at the time of delivery, failing which the rights of the customer in regard thereto shall be deemed to be waived. .
5.1.3 The customer must give PPC written notice of any claim based on the existence of any alleged defect in the product within fourteen days after delivery (but six months in the case of a protected consumer), failing which the rights of the customer in regard hereto shall be deemed to be waived. Any claim in this regard shall be limited to a claim for the replacement of the defective product and PPC shall not be liable for consequential damages. .
5.1.4 Clear and unrestricted access must be provided at the delivery point for offloading of the product. Save where otherwise stated, delivery will be deemed to have been effected when each delivery vehicle/rail truck arrives at the destination required by the customer and is available for offloading. Transnet or the road transporters’ records shall be prima facie proof of such delivery. .
5.1.5 In relation to delivery of a product, time shall not be of the essence. Accordingly, PPC shall not be liable for any consequential costs or damages arising out of late delivery or the failure to deliver any product or service. .
5.1.6 PPC’s obligation to deliver the product shall in all cases be subject to the following conditions precedent:
5.1.6.1 the availability to PPC of all products and services required for the manufacture of products where the products in question are manufactured by PPC; .
5.1.6.2 the timeous availability and receipt by PPC from its own suppliers of goods and services where the goods and/or services in question are being purchased by PPC; .
5.1.6.3 the timeous receipt by PPC of any instructions required by PPC from any customer for the manufacture, purchase or supply of products. .
5.1.7 If the delivery is to be made in separate consignments, then the provisions of this clause 5 shall apply to each consignment. .
5.1.8 PPC reserves the right to decline to permit its vehicles to proceed to the point of delivery if it considers such access to be in conflict with reasonable conditions of safety for its employees and/or its vehicles. Where the customer fails to accept, or partially accepts delivery of product ordered, the cost of transport and handling charges incurred in the delivery and/or return, shall be for the customer’s account. .
5.1.9 It is the obligation of the customer to ensure that any bulk product ordered is offloaded into the correct silo or bin. .
5.1.10 Prior to the offloading of any bulk product the customer shall ensure that the tanker seals are in good order and that the product to be discharged is the product ordered. .
5.1.11 Any costs incurred in the transport, handling or storage of goods that cannot be delivered or are not accepted for delivery and any connected demurrage charges which have arisen due to PPC being unable to unload its product within a reasonable period will be for the customer’s account. .
5.1.12 Claims for shortages, breakages or water damaged product may be made in respect of deliveries and must comply with PPC’s detailed procedures, a copy of which is available on request. .
5.1.13 All sizes, weights and other specifications given by PPC are approximate only, subject to the provisions of the Legal Metrology Act, 2014. PPC reserves the right to supply products which do not exactly correspond with what it has agreed to supply provided that any differences do not make the goods unsuitable for the customer’s declared purpose. .
5.1.14 Should a customer require abnormal packaging this will be carried out at the customer’s cost and at the customer’s risk. .
5.1.15 Any delivery note or waybill (copy or original) held by PPC, signed by the customer or a person duly authorized by the customer, shall be prima facie proof that delivery was made to the customer. .
5.1.16 Where the need arises, PPC reserves the right to supply a product conforming to the same specification (SANS 50197) from any of its factories regardless of geographic location. The customer’s selling price will not be affected due to changes in source brought about by PPC. PPC however reserves the right to re-negotiate prices where a request to change the source of supply (regardless of product) is received from the customer. .
5.2 Delivery shall be by road unless otherwise stipulated on any quotation, and orders for delivery by road are subject to the following requirements: .
5.2.1 Bulk product will be delivered and pumped into a silo provided by the customer to an approved and accessible site. .
5.2.2 Product will be delivered to only one point at the site address indicated on the order and as reflected on the delivery note and scheduled transport will not be diverted without authority or instructions from PPC. Should the customer request that product to be delivered to another site, the customer will be responsible for any additional transport or any costs that may be incurred. .
5.2.3 In the case of bagged product, offloading will be done by the customer. In the case of bulk product and offloading by compressor, offloading will be effected by PPC. The offloading and receipt of product is to be supervised by a responsible person appointed by the customer. Delivery shall be deemed to have taken place upon the signature of the delivery note signed by the customer or a person duly authorized by the customer. PPC’s delivery notes shall for all purposes be deemed to be accurate in all respects and be binding on the customer. .
5.2.4 Should the customer request that the product be returned to the factory the customer will be responsible for any additional transport or any other costs that may be incurred. .
5.3 Delivery by rail: .
5.3.1 Orders for railed product are accepted in full truck loads in accordance with tariffs and conditions laid down by Transnet. .
5.3.2 In the case of delivery to a rail siding, delivery will take place on arrival of the consignment at the siding, and Transnet’s records will be prima facie proof of such delivery. .
5.3.3 PPC’s selling prices for delivery by rail include delivery to approved stations but any charges for road transport and handling, siding charges, and other ancillary Transnet charges or levies will be for the customer’s account. .
5.3.4 All other charges at destination are for the customer’s account. .
5.3.5 All and any demurrage charges levied by Transnet on PPC shall be for the customer’s account. 5.4 .
Delivery at PPC’s premises: .
5.4.1 If the customer requires delivery to take place by collection by the Customer from a PPC premises, the customer shall make its own arrangements for transport, at its risk. .
5.4.2 Maximum carrying mass will be governed by the relevant statutes. Where the customer appoints his own road transporter to collect the product at the factory, axle loading and any overloading will be the responsibility of the customer. .
5.4.3 Where the customer appoints its own road transporter to collect the product at the factory, PPC’s responsibility for providing proof of delivery will be limited to proving that the product was accepted by the road transporter at the factory. .
5.4.4 Delivery shall be deemed to take place when PPC’s representative issues a delivery note signed on behalf of PPC in accordance with clause 5.1.15. .
5.4.5 PPC reserves the right to search any customer’s vehicles and any vehicle of a road transporter appointed by the customer before it enters or leaves PPC’s premises, and in addition reserves the right to search and customer’s personnel or those of any sub-contractor appointed by the customer. It shall be the responsibility of the customer to ensure that such persons are aware of this provision. .
5.5 Spreading: .
5.5.1 Spreading will be under the direct control of the customer or its representatives. .
5.5.2 Full tanker loads (with a minimum of 22 metric tons) only will be supplied. .
5.5.3 No guarantee is given as to the tolerance of the spread. .
5.5.4 Scales and canvasses will be issued with each contract. The customer or his representative will be held responsible for their safekeeping until the contract is complete. .
5.5.5 It is the responsibility of the customer or his representatives to break the tanker seals and to ensure that the tanker is fully discharged. .
5.5.6 Standing time of 30 (thirty) minutes is permitted, thereafter a standing time charge at the rate specified on any quotation, or in the absence of such specification, at a reasonable rate, will be levied.
6. OWNERSHIP AND RISK
6.1 Subject to clause 5 the risk in the product shall pass to the customer on delivery.
6.2 Notwithstanding the delivery of product or the passing of risk to the customer, ownership thereof shall remain vested in PPC until the product has been paid for in full..
6.2 Notwithstanding the delivery of product or the passing of risk to the customer, ownership thereof shall remain vested in PPC until the product has been paid for in full..
8. PAYMENT
8.1 Unless agreed otherwise in writing, terms are payment with order, or payment received by PPC, before any product is despatched. In the event that credit terms have otherwise been agreed between the parties, those terms shall govern. PPC reserves the right at its own discretion to amend or withdraw credit facilities granted.
8.2 The issuing of a quotation for the supply of any product/service does not imply an obligation on the part of PPC to grant credit facilities. In this connection it should be noted that although credit terms may be granted, the product/service required within this period could possibly exceed the agreed credit limit and the customer must ensure that it will have sufficient resources to provide for interim payments to allow for continuity of the required rate of supply, failing which PPC shall have the right to suspend supply. .
8.3 It is a condition of supply that the customer’s liability for payment becomes irrevocable against proof of delivery by signature on PPC’s delivery note or on the delivery note or consignment note of any carrier acting as an agent for PPC as stated in clause 5.1.15. .
8.4 The contract price shall be paid by the customer.
8.4.1 in South African currency free from bank and other charges at such address in South Africa as PPC may require; .
8.4.2 without any deduction or set off on presentation of invoice.
8.2 The issuing of a quotation for the supply of any product/service does not imply an obligation on the part of PPC to grant credit facilities. In this connection it should be noted that although credit terms may be granted, the product/service required within this period could possibly exceed the agreed credit limit and the customer must ensure that it will have sufficient resources to provide for interim payments to allow for continuity of the required rate of supply, failing which PPC shall have the right to suspend supply. .
8.3 It is a condition of supply that the customer’s liability for payment becomes irrevocable against proof of delivery by signature on PPC’s delivery note or on the delivery note or consignment note of any carrier acting as an agent for PPC as stated in clause 5.1.15. .
8.4 The contract price shall be paid by the customer.
8.4.1 in South African currency free from bank and other charges at such address in South Africa as PPC may require; .
8.4.2 without any deduction or set off on presentation of invoice.
9. GOVERNING LAW
These terms and conditions shall be governed by and interpreted in accordance with the law of South Africa in all respects.
10. JURISDICTION
10.1 If the customer is a resident or carries on business in South Africa, then PPC shall be entitled to institute any proceeding against the customer arising out of the contract, in any court having jurisdiction including the High Court having jurisdiction over the matter.
10.2 Subject to 10.3 if the customer is not a resident of and does not carry on business in South Africa, then the customer consents and submits to the jurisdiction of the Gauteng Local Division of the High Court, Johannesburg, and all courts of Appeal therefrom for all purposes arising out of the contract.
10.3 If the customer is a resident of or carries on business in Botswana, Swaziland, Namibia, Mozambique, Zimbabwe or Lesotho, PPC shall be entitled to institute legal proceedings against the customer arising out of the contract in any court of such countries having jurisdiction over the customer, provided that if a South African court has jurisdiction over the relevant customer, PPC shall be entitled to institute proceedings in the South African court having jurisdiction.
10.2 Subject to 10.3 if the customer is not a resident of and does not carry on business in South Africa, then the customer consents and submits to the jurisdiction of the Gauteng Local Division of the High Court, Johannesburg, and all courts of Appeal therefrom for all purposes arising out of the contract.
10.3 If the customer is a resident of or carries on business in Botswana, Swaziland, Namibia, Mozambique, Zimbabwe or Lesotho, PPC shall be entitled to institute legal proceedings against the customer arising out of the contract in any court of such countries having jurisdiction over the customer, provided that if a South African court has jurisdiction over the relevant customer, PPC shall be entitled to institute proceedings in the South African court having jurisdiction.
11. FORCE MAJEURE
If PPC is prevented or restricted directly or indirectly from carrying out any of its obligations under this agreement by any cause beyond the reasonable control of PPC, including but not restricted to war, civil commotion, riot, insurrection, strikes, lockouts, fire, explosion, flood, earthquake, bad weather, acts of God and acts of State, PPC shall be relieved of such obligations during the period that such cause continues, whether directly or indirectly.
12. SUSPENSION OF PPC’s OBLIGATIONS
12.1 If any amount owed by the customer to PPC by any cause whatever, whether under the contract or not, is not paid on due date, then without prejudice to any other right which it may have PPC may -
12.1.1 require that all amounts then owed to it by the customer from any cause whatever, shall immediately become due and payable;
12.1.2 until the payment is made, suspend the carrying out of any of its then uncompleted obligations to the customer from any cause whatsoever;
12.1.3 terminate any credit facilities granted to the customer, under the contract or not
12.1.1 require that all amounts then owed to it by the customer from any cause whatever, shall immediately become due and payable;
12.1.2 until the payment is made, suspend the carrying out of any of its then uncompleted obligations to the customer from any cause whatsoever;
12.1.3 terminate any credit facilities granted to the customer, under the contract or not
13. CANCELLATION
13.1 PPC may cancel the contract or uncompleted part of it forthwith, if the customer - 13.1.1 commits, or permits a commission of a breach of any of the terms or conditions of the contract; or
13.1.2 being an individual, dies or is provisionally or finally sequestrated or surrenders his estate; or
13.1.3 being a partnership, the partnership is terminated; or
13.1.4 being a company or close corporation is placed under provisional or final order of liquidation or business rescue; or
13.1.5 compromises or attempts to compromise generally with any of its creditors.
13.2 PPC’s rights in terms of point
13.1 above shall not be exhaustive and shall be in addition to any other rights it may have whether under the agreement or otherwise.
13.3 Upon termination of the contract for any reason whatever –
13.3.1 all amounts then owed by the customer to PPC, in terms of the contract, shall become due and payable forthwith;
13.3.2 PPC may retake possession of any product in respect of which ownership has not passed.
13.1.2 being an individual, dies or is provisionally or finally sequestrated or surrenders his estate; or
13.1.3 being a partnership, the partnership is terminated; or
13.1.4 being a company or close corporation is placed under provisional or final order of liquidation or business rescue; or
13.1.5 compromises or attempts to compromise generally with any of its creditors.
13.2 PPC’s rights in terms of point
13.1 above shall not be exhaustive and shall be in addition to any other rights it may have whether under the agreement or otherwise.
13.3 Upon termination of the contract for any reason whatever –
13.3.1 all amounts then owed by the customer to PPC, in terms of the contract, shall become due and payable forthwith;
13.3.2 PPC may retake possession of any product in respect of which ownership has not passed.
14. WARRANTIES
14. WARRANTIES 14.1 PPC warrants that at the time of any sale, unless otherwise stipulated on any quotation, the product will comply with the relevant specifications of the South African Bureau of Standards but gives no other warranties, expressed or implied, and makes no other representations.
14.2 No warranty is given by PPC with regard to colour consistency of product.
14.3 If the product is required for a special purpose communicated to PPC no warranty is given that the product will be suitable for that purpose. The customer will be deemed to have satisfied itself as to the suitability of the product ordered, by virtue of the fact that it has placed the order.
14.4 PPC shall not be liable under any circumstances whatsoever for any damages, loss of profit, demurrage, whether direct or indirect, consequential or otherwise alleged to be sustained by the customer as a result of or attributed to:
14.4.1 product supplied by PPC being defective or incorrectly used and/or used in conjunction with materials not supplied by PPC;
14.4.2 any delay in the manufacture or delivery of the product in acts or omissions or negligence (gross or otherwise) of any of PPC’s employees or agents or servants or any other person for whose acts or omissions PPC is liable.
14.5 In the event that any product does not comply with any of PPC’s warranty undertakings it shall replace the product as soon as reasonably possible after the defect has been brought to its attention, subject to 5.1.3.
14.6 The warranty given by PPC in 14.1 is given in lieu of any common law liability, and accordingly all and any liability for:
14.6.1 warranties implied by law in respect of latent defects; or
14.6.2 the fitness of the products for the customer’s purpose (in respect of which the customer must satisfy itself); or
14.6.3 any loss or injury arising from the supply of the products, including any loss attributable to any negligent act of PPC or its servants or agents; or
14.6.4 any representations or warranties as to the goods given by any of PPC’s servants or agents are hereby excluded.
14.2 No warranty is given by PPC with regard to colour consistency of product.
14.3 If the product is required for a special purpose communicated to PPC no warranty is given that the product will be suitable for that purpose. The customer will be deemed to have satisfied itself as to the suitability of the product ordered, by virtue of the fact that it has placed the order.
14.4 PPC shall not be liable under any circumstances whatsoever for any damages, loss of profit, demurrage, whether direct or indirect, consequential or otherwise alleged to be sustained by the customer as a result of or attributed to:
14.4.1 product supplied by PPC being defective or incorrectly used and/or used in conjunction with materials not supplied by PPC;
14.4.2 any delay in the manufacture or delivery of the product in acts or omissions or negligence (gross or otherwise) of any of PPC’s employees or agents or servants or any other person for whose acts or omissions PPC is liable.
14.5 In the event that any product does not comply with any of PPC’s warranty undertakings it shall replace the product as soon as reasonably possible after the defect has been brought to its attention, subject to 5.1.3.
14.6 The warranty given by PPC in 14.1 is given in lieu of any common law liability, and accordingly all and any liability for:
14.6.1 warranties implied by law in respect of latent defects; or
14.6.2 the fitness of the products for the customer’s purpose (in respect of which the customer must satisfy itself); or
14.6.3 any loss or injury arising from the supply of the products, including any loss attributable to any negligent act of PPC or its servants or agents; or
14.6.4 any representations or warranties as to the goods given by any of PPC’s servants or agents are hereby excluded.
15. INDEMNITY
15.1 The parties acknowledge that in terms of section 61 of Consumer Protection Act, the producer, importer, distributor, retailer, and/or supplier, may be jointly and severally liable for any harm caused wholly or partly as a consequence of–
15.1.1 supplying unsafe goods;
15.1.2 a products failure, defect or hazard in any goods; or
15.1.3 inadequate instructions or warning provided to the consumer pertaining to any hazard arising from or associated with the use of any goods, irrespective of whether the harm resulted from any negligence on the part of the producer, importer, distributor, retailer or supplier, as the case may be.
15.2 In respect of 15.1 above, each party ("indemnifying party") hereby indemnifies and holds harmless the other party from and against any and all claims, actions, liabilities, damages, costs and expenses asserted against, imposed upon or incurred by such other party as a result of or arising out of any harm alleged or proven by a consumer itself, or other person contemplated in section 4(1) of the Consumer Protection Act, to the extent that such harm is attributable to the conduct of the indemnifying party or any contravention by the indemnifying party of any applicable law.
15.3 It is recorded that signature of this document by the customer is without prejudice to any rights or defences which PPC may have under and in terms of the Consumer Protection Act or at law in respect of any claims made or brought against it by the customer and/or any protected consumer or purchaser of any goods supplied by PPC.
15.1.1 supplying unsafe goods;
15.1.2 a products failure, defect or hazard in any goods; or
15.1.3 inadequate instructions or warning provided to the consumer pertaining to any hazard arising from or associated with the use of any goods, irrespective of whether the harm resulted from any negligence on the part of the producer, importer, distributor, retailer or supplier, as the case may be.
15.2 In respect of 15.1 above, each party ("indemnifying party") hereby indemnifies and holds harmless the other party from and against any and all claims, actions, liabilities, damages, costs and expenses asserted against, imposed upon or incurred by such other party as a result of or arising out of any harm alleged or proven by a consumer itself, or other person contemplated in section 4(1) of the Consumer Protection Act, to the extent that such harm is attributable to the conduct of the indemnifying party or any contravention by the indemnifying party of any applicable law.
15.3 It is recorded that signature of this document by the customer is without prejudice to any rights or defences which PPC may have under and in terms of the Consumer Protection Act or at law in respect of any claims made or brought against it by the customer and/or any protected consumer or purchaser of any goods supplied by PPC.
16. PROTECTION OF PERSONAL INFORMATION
In the course of the customer obtaining products from PPC, PPC will become privy to obtaining personal information of the customer and the customer undertakes to do the following:
16.1 The customer consents to PPC collecting, receipt, recording and thereby processing its personal information reflected on PPC’s quotation forms, invoices and any other annexures reflecting the customer’s personal information, in support of such pricing to give effect to this agreement and consents to such information being safeguarded by PPC for this purpose.
16.2 The customer consents to PPC collecting, receipting and recording of its personal information relating to the entering of terms of payment with PPC for the issuing of a quotation for the supply of any product or service by PPC to the customer.
16.3 The recording of personal information of the customer will only be retained by PPC for the specific purpose of completion of such order.
16.4 The customer accepts responsibility for safe keeping and issuing of its orders with PPC and undertakes to safeguard the processing of PPC’s personal information as reflected on such orders.
16.5 PPC undertakes to protect and safeguard the processing of personal information of the customer as alluded to in paragraph 4(g) of POPI.
16.1 The customer consents to PPC collecting, receipt, recording and thereby processing its personal information reflected on PPC’s quotation forms, invoices and any other annexures reflecting the customer’s personal information, in support of such pricing to give effect to this agreement and consents to such information being safeguarded by PPC for this purpose.
16.2 The customer consents to PPC collecting, receipting and recording of its personal information relating to the entering of terms of payment with PPC for the issuing of a quotation for the supply of any product or service by PPC to the customer.
16.3 The recording of personal information of the customer will only be retained by PPC for the specific purpose of completion of such order.
16.4 The customer accepts responsibility for safe keeping and issuing of its orders with PPC and undertakes to safeguard the processing of PPC’s personal information as reflected on such orders.
16.5 PPC undertakes to protect and safeguard the processing of personal information of the customer as alluded to in paragraph 4(g) of POPI.
17. PROTECTED CONSUMERS
17.1 If the customer is a protected consumer –
17.1.1 clauses 4.3 and 13.1 shall be read in conjunction with the provisions of section 14 of the Consumer Protection Act;
17.1.2 the period referred to in clause 5.1.3 shall be 6 (six) months;
17.1.3 clause 5 shall not apply insofar as it contravenes section 19 of the Consumer Protection Act;
17.1.4 clause 8.4.2 shall not apply insofar as they contravene section 48 of the Consumer Protection Act;
17.1.5 clause 14.1 shall not apply insofar as they contravene sections 55 and 56 of the Consumer Protection Act;
17.1.1 clauses 4.3 and 13.1 shall be read in conjunction with the provisions of section 14 of the Consumer Protection Act;
17.1.2 the period referred to in clause 5.1.3 shall be 6 (six) months;
17.1.3 clause 5 shall not apply insofar as it contravenes section 19 of the Consumer Protection Act;
17.1.4 clause 8.4.2 shall not apply insofar as they contravene section 48 of the Consumer Protection Act;
17.1.5 clause 14.1 shall not apply insofar as they contravene sections 55 and 56 of the Consumer Protection Act;
18. INTERPRETATION
18.1 In these conditions, unless the context requires otherwise –
18.1.1 words importing any one gender shall include the other two genders;
18.1.2 the singular shall include the plural and vice versa;
18.1.3 a reference to natural persons shall include created entities (corporate or unincorporate) and vice versa.
18.2 In these conditions, the headings have been inserted for convenience only and shall not be used for nor assist or affect their interpretation.
18.1.1 words importing any one gender shall include the other two genders;
18.1.2 the singular shall include the plural and vice versa;
18.1.3 a reference to natural persons shall include created entities (corporate or unincorporate) and vice versa.
18.2 In these conditions, the headings have been inserted for convenience only and shall not be used for nor assist or affect their interpretation.
19. GENERAL
for:
19.1 This document contains the entire agreement between the parties.
19.2 No party shall have any claim or right of action arising from any undertaking, representation or warranty not included in this document.
19.3 No failure by a party to enforce any provision of these conditions shall constitute a waiver of such provision or affect in any way a party’s right to require performance of any such provision at any time in the future, nor shall the waiver of any subsequent breach nullify the effectiveness of the provision itself.
19.4 No agreement to vary, add to or cancel these conditions shall be of any force or effect unless reduced to writing and signed by or on behalf of the parties to this agreement.
19.5 No party may cede any of its rights or delegate any of its obligations under these conditions.
19.6 The customer warrants that it is acting as a principal and not as an agent for an undisclosed principal.
19.7 These standard terms and conditions shall override any standard terms and conditions of purchase which the customer purports to impose and in the event of any conflict these terms and conditions shall prevail.
19.8 Should any provision in these standard terms and conditions be found to be in contravention with the Consumer Protection Act, such provision shall be deemed to be severable from these standard terms and conditions.
19.1 This document contains the entire agreement between the parties.
19.2 No party shall have any claim or right of action arising from any undertaking, representation or warranty not included in this document.
19.3 No failure by a party to enforce any provision of these conditions shall constitute a waiver of such provision or affect in any way a party’s right to require performance of any such provision at any time in the future, nor shall the waiver of any subsequent breach nullify the effectiveness of the provision itself.
19.4 No agreement to vary, add to or cancel these conditions shall be of any force or effect unless reduced to writing and signed by or on behalf of the parties to this agreement.
19.5 No party may cede any of its rights or delegate any of its obligations under these conditions.
19.6 The customer warrants that it is acting as a principal and not as an agent for an undisclosed principal.
19.7 These standard terms and conditions shall override any standard terms and conditions of purchase which the customer purports to impose and in the event of any conflict these terms and conditions shall prevail.
19.8 Should any provision in these standard terms and conditions be found to be in contravention with the Consumer Protection Act, such provision shall be deemed to be severable from these standard terms and conditions.
PPC 130 YEARS CELEBRATION CAMPAIGN TERMS & CONDITIONS
Please read these Promotion terms and conditions (“Terms and Conditions”) carefully. Participation in this Promotion will constitute your agreement to comply with these Terms and Conditions. If you do not agree with these Terms and Conditions, please do not participate in this Promotion. Please refer to this website for the current Terms and Conditions for this Promotion: www.ppc.africa All participants during the term of this Promotion agree to be bound by the following terms and conditions: All participants during the term of this Promotion agree to be bound by the following terms and conditions:
1. Promotion:
- 1.1 PPC`s 130 Years celebration Campaign (“Promotion”). 1.2 The promoter of the Promotion is PPC Cement SA (Pty) Ltd, Registration number: 2009/005305/07 and/or its agencies ("Organiser").
2. Promotion Period:
- 2.1 The Promotion will run from 15 February 2022 to 27 June 2022 (“the Promotion Period”) on the selected Qualifying PPC Products. 2.2 The Promotion will be open and accepting entries from 7:00am – 15:00pm, entries entered after the stipulated time will be included for the following days draw. 2.3 The duration of the Promotion may be amended, extended or curtailed at the discretion of the Organiser. 2.4 Promotion is valid while stocks last.
3. Who may enter:
3.1 All participants must:- 3.1.1 be citizens of the Republic of South Africa and/or a legal resident of the aforesaid country; 3.1.2 must be currently residing in the Republic of South Africa at the date of the commencement of the Promotion Period; 3.1.3 must be a natural person and be at least 18 (eighteen) years old at the date of the commencement of the Promotion Period; 3.1.4 be in the possession of a valid proof of purchase of the Qualifying PPC Products with verifiable details, and all Valid Receipts (payment receipts) uploaded must come from recognised stockists of PPC Cement across SA within the promotion period. 3.1.5 The promotion is not open to Distributers, retailers, resellers, or any customer that purchases product directly from PPC for use in any construction related applications.
4. How to qualify for the Promotion:
4.1 The participant must:
4.1.1 Purchase a minimum of 10 bags of any of the below qualifying PPC products in 1 (one) purchase at a time during the Promotion Period to be eligible for entry into the draw:
4.1.1.1 SUREBUILD
4.1.1.2 SURECAST
4.1.1.3 SUREWALL
4.1.1.4 SURECEM
4.1.1.5 SURETECH
4.1.1.6 SUREMORTAR
4.1.1.7 SUREPLASTER
4.1.2 All purchases of the Qualifying Product must be made within the Republic of South Africa at (“Participating Retailers”) during the Promotion Period.
5. Can I qualify more than once for the Offer?
5.1 During the Promotion Period each purchase of 10 (ten) bags of PPC cement is eligible to receive one entry into the daily draw for R10 000 (ten thousand rand), should there be any dispute in this regard, the Organiser shall be the sole adjudicator of the dispute and the Organiser’s decision shall be final.
6. Offer:
6.1 The Promotion will award one winner each day during the promotion. If verified, the winner will receive a R10 000 (ten thousand rand) prize (transferred electronically by means of banking transfer) within 72hour after redemption and verification. 6.2 The winner will be required to submit a copy of their ID for authentication purposes. 6.3 The Offer is not transferable. No substitution, cash redemption, or assignment of the Offer is permitted. 6.4 The above promotional Offer is available on a “while stocks last” basis and the Organiser cannot be held accountable once the stock of the promotional Offer or Qualifying Product has been depleted.
7. How to Qualify for the Offer:
7.1 To register and qualify for the Offer in relation to the Qualifying Product Promotion, the participant must follow the following steps and/ or instructions:
7.1.1 The participant is required to purchase a minimum of 10 bags of PPC cement to qualify for the promotion.
7.1.2 They must register or log on to PPC Surerewards at www.ppc.africa or download the PPC Surerewards app using the Promo Code PPC130 The validations will be done on the SureRewards existing platform.
7.1.3 The participant will complete the registration entry process on the SureRewards platform by uploading a clear and valid proof of purchase e.g a receipt or till slip on the platform. The verification period will take up to 3 (three) working days from the date of the completed submission. If the contents of the participant’s submission have been received and found incorrect/ incomplete for whatever reason, the participant will not be considered as a valid entry into the draw. The responsibility to provide the correct information rests with the participant.
7.1.4 Once the participant has completed the process, their submission will be evaluated and if all content is correct, the participant will be contacted by means of SMS. The Organiser cannot be held responsible for communication not received by participants.
7.1.5 PPC will make every effort to ensure that the Customer receives communication with their reward redemption within 5 (Five) days of completing the registration submission on the SureRewards platform. In the event that no communication is received within 5 (five) days, the participant is required to contact the Participating Partner on 0800 236 368. Should the Customer not contact the Participating Partner within this time frame the Customer shall forfeit his/her claim to the qualifying reward.
7.1.6 The Organiser accepts no responsibility for entries lost, misdirected, illegible, late, mutilated or altered. Entries that do not comply with these Terms and Conditions will be disqualified.
7.1.7 Errors and omissions may be accepted at the Organiser's sole discretion. Failure by the Organizer to enforce any of its rights at any stage does not constitute a waiver of those rights.
7.1.8 It is the participant’s responsibility to ensure that any information provided to the Organiser is accurate, complete and up to date.
7.1.9 The Organiser will not be responsible for any costs associated with the registration and redemption process of the Offer.
8. Limitation of Liability:
8.1 To the extent permitted by Consumer Protection Act No 68 of 2008 (“Consumer Protection Act”) and any other applicable law:
8.2 The participant hereby indemnifies the Organiser against any direct, indirect, special, incidental, consequential or punitive damages or loss of any kind regardless of how this was caused, and whether it arose under the law of contract or delict or otherwise, because of the participants entrance to the Promotion.
8.3 The Organizer excludes all warranties (express or implied), representations and liabilities regarding this Promotion (other than for death or personal injury caused by its negligence and/or fraud).
8.4 Save as clearly set out in the promotion specific marketing, the participant acknowledges that no warranties (express or implied) or representations have been made by the Organiser in relation to the Promotion and no liability shall arise against the Organiser as a result of any alleged breach of warranty or misrepresentation.
8.5 The Organiser makes no warranty that the PPC website will meet your requirements or will be uninterrupted or will be interrupted, timely or error-free or that the PPC website or the server(s) that makes them available are free from viruses, errors, faults or bugs.
8.6 Data charges may be incurred by the participant during the redemption process of the Offer and the Organiser will not be responsible for any such costs.
8.7 Network rates apply.
9. General:
9.1 In accordance with the confidentiality policies and practices of the Organiser, none of the entry details of any participant in this Promotion will be disclosed or used by the Organizer for any purposes other than for entry into the Promotion and in accordance with clause 9.5 below.
9.2 The Organiser reserves the right, at any time, to verify the validity of participants (including a participant’s identity, age and place of residence) and to reject any participant who has not agreed to these Terms and Conditions. Errors and omission may be accepted at the Organiser's sole discretion. Failure by the Organiser to enforce any of its rights at any stage does not constitute a waiver of those rights.
9.3 Participants acknowledge and accept that the Organiser shall utilise a third party (the “Organiser’s authorised agent/s”) to contact the participant, in the event that the participant qualifies for the Promotion, and to arrange delivery of the Offer, where applicable. In order to affect the contacting and delivery process, the Organiser’s shall provide the participant’s information to such third party.
9.4 If this Promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Organiser, including but not limited to technical difficulties, unauthorized intervention or fraud, the Organizer reserves the right, in its sole discretion, to the fullest extent permitted by law: (a) to disqualify any participant; or (b) to modify, suspend, terminate or cancel the Promotion as appropriate, subject to the approval of relevant regulatory authorities.
9.5 By participating in the Promotion, the participants agree that the Organizer and its affiliates may contact the participants via email and through social media platforms to deliver marketing communications regarding their products and promotional activities, provided that the Participants are given the opportunity to opt-out of receiving marketing communication at any time via the appropriate opt-out mechanisms provided by the Organizer for such purpose. The Organizer may also use the personal data collected from the participants as described in the Privacy Policy accessible at www.ppc.africa.com and that such use may include transfers to the Organizer’s affiliates and third-party service providers in any country. Details of participants will not be used by the Organizer for PPC related communication should the participants opt-out to receive further communication from the Organizer.
9.6 Information regarding the Promotion that is published on authorized advertising material will also form part of the Terms and Conditions of the Promotion. In the event however, of any conflict between the advertising material and these Terms and Conditions, these Terms and Conditions will prevail.
9.7 The Organiser may in its sole discretion amend these Terms and Conditions at any time, without notice, and such amendments shall be deemed to have taken effect from the date of publication of the revised Terms and Conditions on the Organiser’s website www.ppc.africa The onus rests on the participant to constantly check the website for updates to the Terms and Conditions.
9.8 Save as permitted by law, the Organizer reserves the right to cancel, suspend or terminate this Promotion, without notice at any time, and such cancellation, suspension or termination shall be deemed to have taken effect from the date of publication on the Organizer’s website: www.ppc.africa. The Organizer will not be liable for any loss or damages suffered by any participant, winner(s) and/ or third party arising from the cancellation, suspension or termination. Therefore, the participant waives his/her right which they may have against the Organizer and hereby acknowledge that they will have no right of recourse or claim of any nature whatsoever against the Organizer.
9.9 This Promotion is governed by these Terms and Conditions, as well as those of the relevant authorized participating stores, associated with this Promotion.
9.10 Any dispute or claim arising out of or in connection with the Promotion shall be governed by and construed in accordance with the laws of South Africa.
9.11 The Organiser accepts no liability or responsibility, whether occasioned by any circumstance not foreseeable and not within its reasonable control for late or delayed delivery of the Offer owing to, but not limited to, stock unavailability, strike, lock out, , any civil commotion or disorder, riot, threat of war, any .
9.12 If part or all of any clause of these Terms and Conditions is illegal, invalid or unenforceable:
9.12.1 It will be read down to the extent necessary to ensure that it is not illegal, invalid or unenforceable, but if that is not possible; and
9.12.2 It will be severed from these Terms and Conditions and the remaining provisions of these Terms and Conditions will continue to have full force and effect.
10. Consumer Protection Act:
10.1 To the extent that the Terms and Conditions or any goods or services provided under the Terms and Conditions are governed by the Consumer Protection Act, no provision of the Terms and Conditions are intended to contravene the applicable provisions of the Consumer Protection Act, and therefore all provisions of the Terms and Conditions must be treated as being qualified, to the extent necessary, to ensure that the applicable provisions of the Consumer Protection Act are complied with.
PPC Cement SA 2022 FIFA World Cup activation (Picnic in the Park Concert) Promotion Terms & Conditions
Please read the below 2022 FIFA World Cup activation (Picnic in the Park Concert) National Promotion and conditions (“Terms and Conditions”) carefully. The SA 2022 FIFA World up activation (Picnic in the Park Concert) Promotion is valid in South Africa. Participation in his promotion will constitute your agreement to comply with these Terms and Conditions. If you do not agree with these Terms and Conditions, please do not participate in this promotion.
All participants during the term of this Promotion agree to be bound by the following terms and conditions:
1. Promotion Period
1.1. The SA 2022 FIFA World Cup activation (Picnic in the Park Concert) is open from 7 November 2022 – 7 December 2022, 24h00. Any communication and or notification received after the closing date will not be considered.
1.2. The duration of the Promotion may be amended, extended, or curtailed at the discretion of PPC.
1.3. Participants must buy a minimum of 40 bags or more of PPC cement at a time and have a formal receipt of purchase to enter the promotion. Handwritten receipts will not be accepted.
1.4. Participants need to use the below Promocode(s) when uploading their receipt on the SUREREWARDS platform to be entered into the competition. Each Promocode is dependent on which “Park” the participant wants to attend
1.4.1. Promocode “PPCSlurry”,
1.4.2. Promocode “PPCDwaalboom”,
1.4.3. Promocode “PPCMontague”,
1.4.4. Promocode “PPCGqeberha”,
1.4.5. Promocode “PPCJupiter”
2. How to register for SUREREWARDS;
2.1. The participant must:
I. Go to the PPC website: www.ppc.africa or download the PPC Surerewards App on IOS Store or Google Play Store.
II. Click on the surerewards program link and follow the prompts to register or login to their existing profile.
III. Scan and upload their slips as prescribed on the platform.
IV. Use the respective PromoCode for the “Park” the participant wants to attend
3. Purchase any of the below qualifying PPC products to be eligible for the promotion:
3.1. SUREBUILD
3.2. SURECAST
3.3. SUREWALL
3.4. SURECEM
3.5. SURETECH
3.6. SUREMORTAR
3.7. SUREPLASTER
4. All purchases of the Qualifying Product must be made within the Republic of South Africa at (“Participating Retailers”).
5. Promotion Mechanics:
5.1. In Store Activation
5.1.1. Buy a minimum of 40 bags or more of PPC cement at a time and have a formal receipt of purchase to enter the promotion. Handwritten receipts will not be accepted.
5.1.2. Register using the respective PromoCode for the “World Cup Fan Park” that the participant wants to attend on the Surerewards platform
5.1.3. Stand to WIN tickets for you and 4 other family members to the PPC 2022 Picnic in the Park Concert to enjoy the World Cup Semi final game and picnicking experience at your favourite selected PPC Park.
5.1.4. There will be up to 100 lucky winners per “Park” across South Africa,
5.1.5. The winners will be selected randomly
5.1.6. All Winners will be announced after the end of the promotion, on 8 December 2022
6. All Winners are to submit a certified copy of their Identification Documents for verification purposes. Failure to submit required documents will result in forfeiture of their prize. Prizes will only be processed after all necessary documentation has been submitted and verified.
7. Who may enter the promotion:
7.1. All participants must:
7.1.1. be citizens of the Republic of South Africa and/or a legal resident of the aforesaid country.
7.1.2. must be currently residing in the Republic of South Africa at the date of the commencement of the promotion.
7.1.3. must be a natural person and be at least 18 (eighteen) years old at the date of the commencement of the promotion.
7.1.4. Be able to produce a certified valid identity document and any other necessary paperwork.
7.1.5. be in the possession of a valid proof of purchase of the Qualifying PPC Products with verifiable details, 7.1.5.1. Must be clear and visible;
7.1.5.2. Must have purchased 40 bags of PPC cement or more at a time;
7.1.5.3. Must not be older than the promotional commencement date of 7 November 2022
7.1.5.4. Receipt/Invoice number must be visible;
7.1.5.5. Date of receipt/invoice must be visible;
7.1.5.6. Merchant name must be visible; and
7.1.5.7. Store Location (City, Province)
7.1.5.8. All Valid Receipts (payment receipts) uploaded must come from recognized stockists of PPC Cement across SA.
8. The Promotion is not open to Distributers, retailers, resellers, or any customer that purchases product directly from PPC for use in any construction related applications.
9. The validity of the proof of purchase will be verified at the Promoter’s sole discretion.
10. Misrepresentation of customers/participants by in-store sales representatives will result in the disqualification of the participant’s claim in the Promotion and possible legal action.
11. Any incentives not claimed within 90 days after the promotion has ended will be forfeited.
12. PPC accepts no responsibility for entries lost, misdirected, illegible, late, mutilated or altered. Entries that do not comply with these Terms and Conditions will be disqualified.
13. Errors and omissions may be accepted at PPC's sole discretion. Failure by PPC to enforce any of its rights at any stage does not constitute a waiver of those rights.
14. It is the participant’s responsibility to ensure that any information provided to PPC is accurate, complete, and up to date.
15. PPC will not be responsible for any costs associated with the registration and redemption process of the
16. Limitation of Liability:
16.1. To the extent permitted by Consumer Protection Act No 68 of 2008 (“Consumer Protection Act”) and any other applicable law:
16.2. The participant hereby indemnifies PPC against any direct, indirect, special, incidental, consequential, or punitive damages or loss of any kind regardless of how this was caused, and whether it arose under the law of contract or delict or otherwise, because of the participants entrance to the Promotion.
16.3. PPC excludes all warranties (express or implied), representations and liabilities regarding this Promotion (other than for death or personal injury caused by its negligence and/or fraud).
16.4. Save as clearly set out in the promotion specific marketing, the participant acknowledges that no warranties (express or implied) or representations have been made by PPC in relation to the Promotion and no liability shall arise against PPC as a result of any alleged breach of warranty or misrepresentation.
16.5. PPC makes no warranty that the PPC website will meet your requirements or will be uninterrupted or will be interrupted, timely or error-free or that the PPC website or the server(s) that makes them available are free from viruses, errors, faults, or bugs.
16.6. Data charges may be incurred by the participant during the redemption process of the Offer and PPC will not be responsible for any such costs.
17. Network rates apply.
17.1. General:
17.1.1. In accordance with the confidentiality policies and practices of PPC, none of the entry details of any participant in this Promotion will be disclosed or used by PPC for any purposes other than for entry into the Promotion and in accordance with clause 18.1.2 below.
17.1.2. PPC reserves the right, at any time, to verify the validity of participants (including a participant’s identity, age and place of residence) and to reject any participant who has not agreed to these Terms and Conditions. Errors and omission may be accepted at PPC's sole discretion. Failure by PPC to enforce any of its rights at any stage does not constitute a waiver of those rights.
17.1.3. Participants acknowledge and accept that PPC shall utilise a third party (the “Organiser’s authorised agent/s”) to contact the participant, in the event that the participant qualifies for the Promotion, and to arrange delivery of the Offer, where applicable. In order to affect the contacting and delivery process, PPC’s shall provide the participant’s information to such third party.
17.1.4. If this Promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of PPC, including but not limited to technical difficulties, unauthorized intervention or fraud, PPC reserves the right, in its sole discretion, to the fullest extent permitted by law: (a) to disqualify any participant; or (b) to modify, suspend, terminate or cancel the Promotion as appropriate, subject to the approval of relevant regulatory authorities.
17.1.5. By participating in the Promotion, the participants agree that PPC and its affiliates may contact the participants via email and through social media platforms to deliver marketing communications regarding their products and Promotion activities, provided that the Participants are given the opportunity to opt-out of receiving marketing communication at any time via the appropriate opt-out mechanisms provided by PPC for such purpose. PPC may also use the personal data collected from the participants as described in the Privacy Policy accessible at www.ppc.africa and that such use may include transfers to PPC’s affiliates and third-party service providers in any country. Details of participants will not be used by PPC for PPC related communication should the participants opt-out to receive further communication from PPC.
17.1.6. Information regarding the Promotion that is published on authorized advertising material will also form part of the Terms and Conditions of the Promotion. In the event however, of any conflict between the advertising material and these Terms and Conditions, these Terms and Conditions will prevail.
17.1.7. PPC may in its sole discretion amend these Terms and Conditions at any time, without notice, and such amendments shall be deemed to have taken effect from the date of publication of the revised Terms and Conditions on PPC’s website www.ppc.africa The onus rests on the participant to constantly check the website for updates to the Terms and Conditions.
17.1.8. Save as permitted by law, PPC reserves the right to cancel, suspend or terminate this Promotion, without notice at any time, and such cancellation, suspension or termination shall be deemed to have taken effect from the date of publication on PPC’s website: www.ppc.africa. PPC will not be liable for any loss or damages suffered by any participant, winner(s) and/ or third party arising from the cancellation, suspension or termination. Therefore, the participant waives his/her right which they may have against PPC and hereby acknowledge that they will have no right of recourse or claim of any nature whatsoever against PPC.
17.1.9. This Promotion is governed by these Terms and Conditions, as well as those of the relevant authorized participating stores, associated with this Promotion.
17.1.10. Any dispute or claim arising out of or in connection with the Promotion shall be governed by and construed in accordance with the laws of South Africa.
17.1.11. PPC accepts no liability or responsibility, whether occasioned by any circumstance not foreseeable and not within its reasonable control for late or delayed delivery of the Offer owing to, but not limited to, stock unavailability, strike, lock out, , any civil commotion or disorder, riot, threat of war, any action taken by governmental authority (including Government regulations imposed as a result of the Covid-19 pandemic) or public authority of any kind, fire, explosion, storm, flood, earth quake or other acts of God.
17.1.12. If part or all of any clause of these Terms and Conditions is illegal, invalid or unenforceable:
17.1.13. It will be read down to the extent necessary to ensure that it is not illegal, invalid, or unenforceable, but if that is not possible; and
17.1.14. It will be severed from these Terms and Conditions and the remaining provisions of these Terms and Conditions will continue to have full force and effect.
18. Consumer Protection Act:
18.1. To the extent that the Terms and Conditions or any goods or services provided under the Terms and Conditions are governed by the Consumer Protection Act, no provision of the Terms and Conditions are intended to contravene the applicable provisions of the Consumer Protection Act, and therefore all provisions of the Terms and Conditions must be treated as being qualified, to the extent necessary, to ensure that the applicable provisions of the Consumer Protection Act are complied with.
18.2. Consent to Collection and Processing of Personal Information:
18.2.1. The participant hereby consents to the collection, use, disclosure, processing and further processing (both electronically and manually) of the participant’s personal information by PPC Cement SA (Proprietary) Limited ("PPC") for the purposes of securing and further facilitating the participant’s relationship with PC.
18.2.2. Without derogating from the generality of the aforementioned, the participant consents to PPC’s collection, use and processing of personal information including, but not limited to, the following: personal name;
18.2.3. contact details including postal address, email address, phone numbers and other information; credit history; professional activities; relationships to or with other companies, information about your use of PPC products, resources, or facilities; records of communications sent to you by PPC or received from you; information on your engagement in PPC meetings, events, groups or networks; and records of our financial relationship.
18.2.4. The participant is hereby notified of the purpose and reason for the collection and processing of such personal information. PPC requires the personal information to:
18.2.5. pursue PPC’s legitimate operational interests;
18.2.6. operate security compliant and quality assurance processes and arrangements;
18.2.7. comply with PPC’s contractual obligations to the participant and to others;
18.2.8. comply with legal requirements and obligations imposed on PPC by law;
18.2.9. if necessary, in order to pursue the participant’s own vital interests; and
18.2.10. ensure that PPC’s IT facilities, networks and communication systems are secure.
18.2.11. If required for the above purposes, PPC may transfer the personal information to third parties including its subsidiaries or affiliated companies and service providers or suppliers providing products, systems and services, such as IT system suppliers some of which may be located in other countries, as well as regulatory authorities or as required by law (“Third Parties”). In respect of transferring information to entities in other countries, including PPC’s subsidiaries or affiliated companies, PPC will treat the participant’s personal information in accordance with the strictest confidence and comply with any relevant data protection legislation.
18.2.12. The participant undertakes to make available to PPC all necessary personal information required by PPC for the purpose of securing and further facilitating the participant’s relationship with PPC.
18.2.13. The participant further undertakes to inform PPC should there be any amendments to the participant’s personal information.
18.2.14. PPC will comply with its Protection of Personal Information Policy in relation to the collection, processing, storage, security, and destruction of the participant’s personal information.
18.2.15. The participant acknowledges and accepts that the participant is required to obtain, read, and understand PPC’s Protection of Personal Information Policy which is available at www.ppc.africa
