RUSTIC LIVING TRADING 46 CC t/a 4MATT CAMPERS

Registration number: 2010/031871/23 | VAT number: 4440293183

27 Proton Crescent, Triangle Farm, Bellville, 7530 | 021 065 1815 | info@4mattcampers.co.za | www.4mattcampers.co.za

MASTER TERMS AND CONDITIONS OF SALE — GOODS AND SERVICES

1. INTRODUCTION AND APPLICATION

1.1 These Master Terms and Conditions (“the Master Terms”) govern the sale of goods and the rendering of services by Rustic Living Trading 46 CC t/a 4Matt Campers, registration number 2010/031871/23, VAT number 4440293183, with its business address at 27 Proton Crescent, Triangle Farm, Bellville, 7530 (“4Matt Campers”).

1.2 The Master Terms apply to all goods, services, maintenance, repairs, fitment, parts, accessories, caravans, campers, trailers, tents, customisations, consignment sales, quotations, estimates, sales orders, Offers to Purchase, invoices, payment requests and written confirmations issued by 4Matt Campers, unless 4Matt Campers expressly agrees otherwise in writing.

1.3 No variation of the Master Terms will apply unless expressly agreed in writing by an authorised 4Matt Campers representative.

2. DEFINITIONS AND INTERPRETATION

2.1 In the Master Terms: “Client” means any person or entity that purchases or seeks to purchase Goods or Services from 4Matt Campers, including any authorised representative or agent acting on the Client’s behalf (also referred to in any transaction document as the Purchaser or Customer); “Consumer” means a Client to whom the CPA applies in respect of the transaction; “Business Client” means a Client to whom the CPA does not apply, including a juristic person whose asset value or annual turnover equals or exceeds the threshold determined under section 5(2)(b) of the CPA; “Goods” means all items, products or materials supplied by 4Matt Campers, including caravans, campers, trailers, tents, parts, accessories and customisations; “Unit” means any caravan, camper, trailer, tent or similar product ordered from a Manufacturer, built, assembled or customised to a Client’s requirements, or otherwise identified as a Unit on a transaction document; “Manufacturer” means the manufacturer, importer or supplier of Goods; “Services” means any maintenance, repair, fitment, upgrade, modification, diagnostic or other service rendered by 4Matt Campers; “Offer to Purchase” or “OTP” means the deal-specific document signed by the Client for a particular sale, which incorporates the Master Terms by reference; “Consignor” means the owner of Goods offered for sale by 4Matt Campers on consignment; “Consignment Goods” means Goods identified as being sold on consignment; “Reservation Agreement” means any written reservation, holding-deposit or right-of-first-refusal agreement concluded with a Client; “Handover Checklist” means the handover, inspection or delivery document signed at handover; “Business Day” means any day other than a Saturday, Sunday or South African public holiday; “CPA” means the Consumer Protection Act, 68 of 2008; “NCA” means the National Credit Act, 34 of 2005; “FICA” means the Financial Intelligence Centre Act, 38 of 2001; “POPIA” means the Protection of Personal Information Act, 4 of 2013; “Variation Order” means any agreed change to the original scope of Goods or Services requiring separate quoting and written instruction; and “writing” includes any electronic communication contemplated in the Electronic Communications and Transactions Act, 25 of 2002.

2.2 Unless the context indicates otherwise: the singular includes the plural and vice versa; any gender includes the others; natural persons include juristic entities and vice versa; headings are for convenience only; “including” and similar words are not limiting; where days are prescribed they are calculated excluding the first and including the last day, and if the last day is not a Business Day, the next Business Day applies; if an amount appears in both words and numerals and they differ, the words prevail; and references to time are to South African Standard Time.

2.3 Provisions which by their nature must survive termination of any contract survive its termination. The contra proferentem rule of interpretation does not apply to the Master Terms.

3. ACCEPTANCE OF THE MASTER TERMS

3.1 By using the website, submitting an enquiry, building a quote basket, contacting 4Matt Campers, requesting or accepting a quote, estimate, quotation or sales order, signing an Offer to Purchase, accepting an invoice, instructing 4Matt Campers to proceed, leaving Goods with 4Matt Campers for any purpose, or making any payment to 4Matt Campers, the Client confirms that they have read, understood and accepted the Master Terms as published on the 4Matt Campers website, together with any terms stated on the applicable transaction document.

3.2 Acceptance by electronic means, including email, WhatsApp or website interaction, is valid and binding in terms of the Electronic Communications and Transactions Act, 25 of 2002.

4. CONSUMER AND BUSINESS CLIENTS

4.1 The Client must declare on the Offer to Purchase, quote or other transaction document whether they are transacting as a Consumer or as a Business Client, and warrants that the declaration is accurate. 4Matt Campers is entitled to rely on that declaration.

4.2 Provisions of the Master Terms that are qualified by reference to the CPA, or by the words “where the CPA applies”, “to the extent permitted by law” or similar, apply in their qualified form only to transactions with Consumers. In all transactions with Business Clients the Master Terms apply in full and without CPA qualification.

4.3 A Business Client has no right to cancel an order, return Goods or receive any refund except as expressly agreed by 4Matt Campers in writing.

5. QUOTE-FIRST WEBSITE

5.1 4Matt Campers operates a quote-first online store. The website allows Clients to browse products, shortlist items, build a quote basket, submit enquiries and request formal quotes. The website does not complete online checkout and does not take online payment.

5.2 Any website cart, quote basket, product enquiry, WhatsApp enquiry, contact form, product listing, price display, image, specification or website communication is an enquiry tool only and does not create a binding sale by itself. Website and brochure images, specifications, weights and dimensions are indicative only; the Manufacturer’s specifications and compliance plate govern.

5.3 A sale is only confirmed once 4Matt Campers issues or accepts the relevant formal quote, estimate, quotation, sales order, Offer to Purchase, invoice, payment request or written confirmation.

6. QUOTATIONS, ORDERS AND FORMATION OF CONTRACT

6.1 All quotations, estimates and pricing indications are valid for 7 calendar days from the date of issue unless a different validity period is stated in writing.

6.2 Prices are quoted exclusive of VAT and in South African Rand, unless expressly stated or agreed otherwise in writing.

6.3 An order placed by the Client is an offer to purchase Goods or Services on the Master Terms. 4Matt Campers may accept or decline any order at its discretion.

6.4 A contract is formed only once 4Matt Campers accepts the order in writing, the Client signs an Offer to Purchase, 4Matt Campers issues or accepts a formal quote, sales order or invoice, 4Matt Campers receives payment where required, or 4Matt Campers starts executing the order.

6.5 For Goods to be ordered from a Manufacturer or supplier, the quoted price remains subject to Manufacturer or supplier price changes, exchange-rate movements and freight changes until the order is placed with the Manufacturer or supplier. 4Matt Campers will notify the Client of any such change before placing the order, and the Client may then confirm the adjusted price or withdraw the order without penalty. Once the order has been placed, the price is fixed except for Client-requested changes.

7. OFFER TO PURCHASE AND VERSION CONTROL

7.1 Sales of Units and other high-value or custom Goods are concluded on a signed Offer to Purchase recording the deal-specific details, including the parties, the Client’s Consumer or Business Client status, the Unit, the Manufacturer, the price, the deposit schedule and what each payment funds, any trade-in, registration responsibilities and delivery arrangements. Each Offer to Purchase incorporates the Master Terms by reference.

7.2 The Master Terms are version-dated. The version published on the website at the time the Client signs the Offer to Purchase, or at the time the contract is otherwise formed under clause 6.4, governs that transaction, and the applicable version is recorded on the Offer to Purchase. The current version is available on the website at all times, and prior versions are available from 4Matt Campers on request.

7.3 If there is a conflict between the Master Terms and a signed Offer to Purchase, Reservation Agreement or other specific written transaction document issued or accepted by 4Matt Campers, the specific document prevails to the extent of the conflict.

8. PRICING AND VARIATION ORDERS

8.1 Prices charged are those confirmed by 4Matt Campers at the time the order is accepted, subject to clause 6.5, unless otherwise agreed in writing.

8.2 Additional work, parts or materials, changed specifications, extra fitment requirements, freight changes, supplier changes, Client-requested changes or any change to the original scope may be quoted and charged separately as a Variation Order, and will only be actioned on written instruction from the Client.

8.3 If the Client declines a Variation Order quotation, the Client acknowledges that this may affect the completion or outcome of the work concerned, and 4Matt Campers is not liable for the consequences of that decision.

9. DEPOSITS AND RESERVATION DEPOSITS

9.1 4Matt Campers may require a deposit or payment before commencing Services, ordering parts or Units, allocating stock, reserving Goods, booking workshop work or supplying Goods. Failure to pay a required deposit may result in delay or cancellation of the order.

9.2 Deposits are applied as stated on the applicable quote, Offer to Purchase or invoice, and, for Units, in accordance with clause 10. The treatment of deposits on cancellation is governed by clauses 10 and 26 and applicable law.

9.3 A reservation, holding or right-of-first-refusal deposit paid under a Reservation Agreement is governed by that agreement and is not an order deposit under clause 10 unless and until the Client signs an Offer to Purchase for the reserved Goods.

10. UNITS: CAMPER, CARAVAN, TRAILER AND SPECIAL-ORDER SALES

10.1 This clause applies to every Unit. Units are special-order Goods: they are ordered from a Manufacturer, built, assembled or customised for the Client, and 4Matt Campers incurs costs from the moment the order is placed.

10.2 The Offer to Purchase records the deposit schedule and what each payment funds (including the Manufacturer order, build commencement, customisation, accessories, freight and pre-delivery preparation). Each payment is applied on receipt to those costs. The Client acknowledges that these costs are incurred immediately, are not recoverable by 4Matt Campers, and that a Unit ordered or built to the Client’s requirements cannot readily be resold.

10.3 An order for a Unit may not be cancelled by the Client, in whole or in part, without the prior written consent of 4Matt Campers, except where cancellation is permitted by applicable law.

10.4 If the Client purports to cancel a Unit order, repudiates the contract, or fails to pay any balance when due, 4Matt Campers may at its election either: (a) hold the Client to the contract and claim payment of the full balance, in which case the Unit remains at the Client’s risk and subject to storage under clause 15.6; or (b) accept the cancellation and recover from the Client all costs incurred and losses suffered, including Manufacturer, build, customisation, freight, preparation, storage, administration and financing costs, and loss of profit where the Unit cannot reasonably be resold at the agreed price, less the net proceeds of any resale actually achieved. All deposits and payments are applied against these amounts and any shortfall is payable on demand. Where the CPA applies, the amounts under (b) constitute the reasonable cancellation charge contemplated in section 17 of the CPA, having regard to the special-order nature of the Unit.

10.5 Estimated build, production, shipping and delivery dates are Manufacturer estimates only and are not guaranteed. Delay is not a ground for cancellation unless the delay is unreasonable, the Client has given written notice, and 4Matt Campers has failed to deliver within a further reasonable period stated in that notice.

10.6 The Manufacturer of each Unit is identified on the Offer to Purchase. Manufacturer warranties on the Unit are given by the Manufacturer on the Manufacturer’s terms; 4Matt Campers will facilitate warranty claims with the Manufacturer in accordance with clause 18.

11. PAYMENT

11.1 Payment must be made by EFT into the nominated 4Matt Campers business bank account set out in clause 12, or by another payment method expressly agreed by 4Matt Campers in writing. 4Matt Campers does not accept cash (see clause 14).

11.2 Payment is due immediately on presentation of the applicable invoice or payment request, unless otherwise agreed in writing, and must be made free of deduction and without set-off.

11.3 Goods may not be released, handed over, collected, delivered or fitted until all amounts due have been paid in full and the funds have cleared, unless 4Matt Campers agrees otherwise in writing.

11.4 Refunds and credits, where payable, are governed by clause 26 and are paid only in accordance with clause 26.7.

12. NOMINATED BANK ACCOUNT AND PAYMENT FRAUD PROTECTION

12.1 4Matt Campers has one nominated business bank account into which all Client payments must be made: Bank: First National Bank (FNB); Account holder: Rustic Living Trading 46 CC t/a 4Matt Campers; Account number: 6280 766 1162.

12.2 An official bank-issued account confirmation letter for this nominated account is available for any purchase and will be supplied on request at any time before payment is made.

12.3 Clients must rely only on this nominated bank account, as confirmed by the bank confirmation letter. Banking details appearing in any other document, email or message must not be relied on, as documents and communications can be intercepted, altered or forged. Clients must verify banking details directly with 4Matt Campers, by telephone on the number published on this website, before making any payment. 4Matt Campers will never notify Clients of a change of banking details by email alone, and no employee, representative, Consignor or other person is authorised to receive payment on 4Matt Campers’ behalf into any other account.

12.4 Payment is only complete once the funds reflect as cleared in the nominated business bank account. A proof of payment, payment notification, EFT screenshot or bank SMS does not constitute payment, and no order will be processed and no Goods will be released, handed over, delivered or fitted until the funds have reflected.

12.5 If funds do not reflect in the nominated business bank account for any reason, including where the payer has made an error, captured incorrect account details, paid into the wrong account, paid any employee, representative or third party, or relied on intercepted, altered or fraudulent communications, 4Matt Campers accepts no liability whatsoever for that payment, its loss or its recovery, to the fullest extent permitted by law. Any payment made into any account other than the nominated bank account is made entirely at the payer’s own risk, and the Client remains liable to 4Matt Campers for the full amount due.

13. LATE PAYMENT, INTEREST, LIEN AND SET-OFF

13.1 Any amount not paid by the Client on the due date bears interest at 2% per month, calculated daily on the outstanding balance and not compounded, from the due date until the date of payment, provided that the rate will not exceed the maximum rate permitted by applicable law, including the incidental credit provisions of the NCA where they apply.

13.2 If the Client fails to make any payment on the due date, 4Matt Campers may suspend or cancel the provision of any further Goods or Services, without prejudice to its other rights.

13.3 4Matt Campers has a lien over, and may retain, any Goods of the Client in its possession or control, including Goods left for repair, fitment, storage or consignment, until all amounts owing by the Client to 4Matt Campers on any account have been paid in full.

13.4 4Matt Campers may set off any amount it owes to the Client, including any credit, refund or consignment proceeds, against any amount the Client owes to 4Matt Campers.

14. FICA COMPLIANCE

14.1 4Matt Campers is registered with the Financial Intelligence Centre as an accountable institution (high value goods dealer) and is required to conduct client due diligence in terms of FICA.

14.2 The Client must, on request, provide the identification, verification and source-of-funds information and documents required for 4Matt Campers to comply with FICA, before Goods are released or Services are rendered.

14.3 4Matt Campers does not accept cash payments of any kind, including deposits.

14.4 4Matt Campers may delay, suspend or decline any transaction where its FICA obligations have not been satisfied, and is not liable for any loss or delay arising from compliance with FICA. Nothing in the Master Terms limits any statutory reporting obligation of 4Matt Campers.

15. DELIVERY, COLLECTION, HANDOVER AND UNCOLLECTED GOODS

15.1 Unless agreed otherwise in writing, delivery, collection, fitment, inspection and handover take place at 4Matt Campers’ premises.

15.2 The Client is responsible for arranging transport of Goods from 4Matt Campers’ premises at the Client’s own cost, unless 4Matt Campers agrees otherwise in writing. Where 4Matt Campers agrees in writing to deliver Goods, the delivery terms and costs will be agreed in writing.

15.3 Delivery, supply and performance are always subject to stock availability, supplier availability, supplier lead times, workshop capacity, required Client information, required specifications, FICA compliance and receipt of required payments. 4Matt Campers may deliver Goods in instalments where reasonable.

15.4 At handover of a Unit or of Goods fitted or repaired by 4Matt Campers, the Client (or the Client’s authorised representative) will inspect the Goods with 4Matt Campers and sign the Handover Checklist. The signed Handover Checklist records the condition, completeness, accessories, documentation and any noted items at handover, and constitutes the Client’s acceptance of the Goods in that recorded condition, without limiting the Client’s statutory rights in respect of defects that could not reasonably have been discovered at handover.

15.5 Work will be carried out within normal working hours with reasonable continuity.

15.6 If the Client fails to collect Goods within 14 days of written notice that the Goods are ready for collection or handover, or fails to collect Goods left for repair, fitment or consignment within 14 days of written notice, 4Matt Campers may charge a storage fee of R250 per day, and the Goods remain at the Client’s risk from the date the Goods are made available for collection.

15.7 If Goods remain uncollected 90 days after written notice under clause 15.6, and the Client fails to collect them within a further 30 days after a final written notice sent to the Client’s domicilium address, 4Matt Campers may, to the extent permitted by law, treat the Goods as abandoned and sell them by private treaty or auction, apply the proceeds to all amounts owing (including storage, costs of sale and any outstanding balance), and account to the Client for any surplus.

16. RISK, OWNERSHIP AND INSURANCE

16.1 Risk in Goods passes to the Client on delivery, collection, handover or when Goods are made available for collection, whichever occurs first.

16.2 Ownership of Goods remains with 4Matt Campers (or, for Consignment Goods, the Consignor) until full payment of all amounts due has been received and cleared, upon which ownership passes to the Client. 4Matt Campers may inform any end user, financier or owner of premises where the Goods are situated of its ownership claim.

16.3 The Client must insure Goods in its possession from the passing of risk until ownership has passed, and must insure any Goods of the Client left at 4Matt Campers’ premises for repair, fitment, storage or consignment in accordance with clause 22.4.

17. INSPECTION, ACCEPTANCE AND REASONABLE MINOR IMPERFECTIONS

17.1 The Client must inspect all Goods on delivery, collection or handover, and must notify 4Matt Campers in writing of any visible defect, damage or shortage within 7 days of delivery, collection or handover.

17.2 In the absence of a notice under clause 17.1, the Client is deemed to have accepted the Goods in their visible condition and quantity, without limiting the Client’s statutory rights, including under sections 55 and 56 of the CPA where the CPA applies.

17.3 New Goods: caravans, campers, trailers, tents, canvas products and many accessories are hand-built, hand-assembled or hand-finished products. Reasonable minor imperfections that do not affect the safety, structural integrity, function or fitness for purpose of the Goods — including minor cosmetic variations, tolerances in finish and alignment, small blemishes, sealant and weld marks, minor variations in colour, grain or texture, and similar characteristics inherent to such products — are to be expected, are hereby expressly disclosed to the Client, and do not constitute defects. The Client accepts the Goods subject to such reasonable minor imperfections.

17.4 Used, pre-owned and Consignment Goods: such Goods are sold in the condition disclosed to and inspected by the Client. Normal wear and tear and reasonable minor defects consistent with the age, use and history of the Goods are to be expected, are hereby expressly disclosed, and are accepted by the Client. Any specific defect or condition recorded on the Offer to Purchase, quote, invoice or Handover Checklist is expressly disclosed and accepted by the Client, and is excluded from any warranty to the extent permitted by section 55(6) of the CPA.

17.5 Clauses 17.3 and 17.4 operate as express disclosure and acceptance for purposes of the CPA and do not limit the Client’s statutory rights in respect of defects that render the Goods unsafe, unfit for their ordinary purpose or materially different from what was agreed, where the CPA applies.

18. WARRANTIES AND MANUFACTURER RECOURSE

18.1 Manufacturer, supplier or third-party warranties apply only to the extent offered by the relevant Manufacturer, supplier or third party and subject to their terms, procedures and exclusions. The Client must strictly follow the operation and maintenance manuals and instructions of the relevant Manufacturer.

18.2 Product warranty claims on Units and Manufacturer-supplied Goods are to be lodged through the Manufacturer’s warranty process. 4Matt Campers will assist the Client in lodging and following up such claims, and will carry out approved warranty work where authorised by the Manufacturer. 4Matt Campers is not liable for the Manufacturer’s decision on, or delay in, any warranty claim.

18.3 4Matt Campers warrants that Services will be rendered with reasonable skill and care, and will correct improperly performed Services notified in writing within 90 days of completion. All warranty claims are subject to the inspection and claims procedure in clause 19.

18.4 4Matt Campers gives no warranty beyond what is expressly stated in writing or required by applicable South African law. Warranty may be refused or limited where Goods are misused, neglected, modified, incorrectly installed by others, used contrary to Manufacturer instructions, damaged, contaminated, overloaded, towed by an unsuitable vehicle, exposed to unsuitable conditions, or not maintained according to applicable manuals or instructions.

18.5 Nothing in the Master Terms excludes, limits or waives any right the Client has under the CPA where the CPA applies to the transaction, and the Master Terms must be read subject to the CPA in such transactions.

19. RIGHT OF INSPECTION AND CLAIMS PROCEDURE

19.1 This clause applies to every complaint, expression of dissatisfaction, request to return Goods, warranty claim, defect claim, damage claim, request for repair, replacement, refund or credit, and any other claim of any nature relating to Goods or Services (“claim”), whether made under the Master Terms, a Manufacturer warranty, the CPA or otherwise, and whether relating to new, used or Consignment Goods or to Services.

19.2 Before any claim will be considered, the Client must: (a) notify 4Matt Campers in writing, describing the claim; and (b) return the Goods or Unit to 4Matt Campers’ premises, at the Client’s cost and risk, for a formal inspection by 4Matt Campers’ workshop. 4Matt Campers may, in its sole discretion, agree in writing to inspect at another location or by other means.

19.3 4Matt Campers will inspect the Goods within a reasonable time and issue a written inspection report recording its findings on the nature, cause and extent of the matter complained of. No repair, replacement, refund, credit, return, warranty remedy or acceptance of liability of any kind will be considered, offered or provided until the inspection has been completed and the report issued.

19.4 4Matt Campers does not accept that any damage, defect, malfunction, deterioration, wear, alteration, modification or non-conformity existed at delivery, collection or handover, or is attributable to 4Matt Campers or the Manufacturer, unless its inspection so confirms. Any damage, misuse, abuse, neglect, alteration, modification, incorrect use, overloading, incorrect towing, incorrect or omitted maintenance, accident, weather or environmental exposure, or any other event occurring after delivery, collection or handover is for the Client’s account and is not covered by any warranty or remedy.

19.5 The Client may not have any third party inspect, diagnose, repair, alter, modify, dismantle or otherwise work on the Goods in connection with a claim without the prior written consent of 4Matt Campers. 4Matt Campers will not accept, reimburse or pay any third-party invoice, quotation, repair cost, transport cost or other expense incurred without such consent, and no such amount may be deducted or set off against any amount owing to 4Matt Campers. Unauthorised third-party work is deemed an alteration by the Client, voids any warranty in respect of the affected parts and systems, and may void the Manufacturer’s warranty.

19.6 Where the Client is unable to return the Goods to 4Matt Campers’ premises, the Client may request in writing that 4Matt Campers nominate or approve a repairer. Any such approval, the scope of work and the cost must be agreed by 4Matt Campers in writing before any work is done, failing which clause 19.5 applies.

19.7 If, following inspection, 4Matt Campers confirms a defect for which 4Matt Campers or the Manufacturer is responsible under the Master Terms or applicable law, the remedy will be provided in accordance with clauses 18 and 26, and reasonable return transport costs will be refunded to the Client only to the extent required by applicable law or agreed in writing.

19.8 If the Client disputes the inspection report, the Client may, at the Client’s own cost and only after 4Matt Campers’ inspection has been completed, obtain an independent inspection by a suitably qualified person, and the dispute will then be dealt with under clause 29. Pending resolution, the Client remains bound by the Master Terms and may not withhold or set off any payment.

19.9 Compliance with this clause is, to the extent permitted by law, a condition precedent to any remedy, and nothing in this clause limits any right of 4Matt Campers under clause 18.4 or clause 20.

20. LIMITATION OF LIABILITY AND CLIENT INDEMNITY

20.1 To the fullest extent permitted by law, 4Matt Campers is not liable for indirect, special or consequential loss, including loss of profit, loss of use, loss of opportunity, inconvenience, delay, accommodation costs, travel costs, holiday or trip costs or third-party losses.

20.2 Where Goods or Services are supplied in accordance with specifications, measurements, drawings, vehicle details or instructions furnished by the Client, 4Matt Campers is not liable for any loss or damage arising from any error, discrepancy or defect in that information. If there is a conflict between the description of Goods or Services in 4Matt Campers’ quotation and terminology used by the Client, the quotation prevails.

20.3 Any claim for a shortage in delivery must be notified in accordance with clause 17.

20.4 To the extent permitted by law, 4Matt Campers’ total liability arising from any transaction is limited to the amount actually paid by the Client to 4Matt Campers for the Goods or Services giving rise to the claim, and, for Consignment Goods, to the commission actually earned by 4Matt Campers on the sale.

20.5 The Client indemnifies 4Matt Campers, its members, employees and representatives against all claims, losses, damages, costs and expenses (including legal costs) brought by or arising from any third party in connection with the Client’s ownership, possession, use, towing, loading, storage, modification, resale or hire of the Goods, including any use in breach of clause 21, any overloading, any unlicensed or unlawful use, and any failure to maintain or operate the Goods in accordance with the Manufacturer’s instructions.

20.6 Nothing in the Master Terms excludes liability that cannot be excluded by law, including under section 61 of the CPA where it applies.

21. TOWING, VEHICLE COMPATIBILITY AND CLIENT-SUPPLIED INFORMATION

21.1 The Client is solely responsible for ensuring that the Client’s tow vehicle, tow bar, hitch, electrical connection, braking system and driver’s licence code are suitable for and lawfully permit the towing of the Unit or Goods, having regard to the Manufacturer’s specifications and compliance plate (including tare, gross vehicle mass and nose weight) and applicable road traffic law.

21.2 Any towing-capacity, compatibility or fitment guidance given by 4Matt Campers is general assistance only, based on information supplied by the Client, and does not replace the Client’s own verification with the vehicle manufacturer and applicable law.

21.3 The Manufacturer’s specifications and compliance plate govern all weights, dimensions and capacities. Website, brochure, listing or verbal figures are indicative only.

22. WORKSHOP, REPAIRS AND GOODS LEFT AT 4MATT CAMPERS

22.1 Services are limited to the scope described in the quote or job card. 4Matt Campers is not liable for pre-existing faults, wear, damage or conditions, or for faults that were not the subject of the instructed work, whether or not discovered during the work.

22.2 Diagnostic, inspection and assessment work is chargeable whether or not the Client proceeds with the recommended repair, unless agreed otherwise in writing. Where repair reveals additional faults, these will be quoted as a Variation Order under clause 8.

22.3 The Client warrants that they are the owner of, or are authorised by the owner to leave, any Goods left with 4Matt Campers, and that all personal property has been removed from the Goods. 4Matt Campers is not liable for personal property left in or on Goods.

22.4 Goods left at 4Matt Campers’ premises for repair, fitment, storage, assessment or consignment remain at the Client’s risk and must be insured by the Client, including against fire, theft, hail, storm, flood and accidental damage. 4Matt Campers will exercise reasonable care but is not liable for loss or damage to such Goods except to the extent caused by its gross negligence, and then only up to the limit in clause 20.4.

22.5 Parts replaced during Services become the property of 4Matt Campers unless the Client requests their return in writing before the work commences.

23. CONSIGNMENT GOODS

23.1 Certain Goods are offered for sale by 4Matt Campers on consignment on behalf of a Consignor. Where Goods are identified as Consignment Goods on the quote, Offer to Purchase or invoice, 4Matt Campers acts as agent for the Consignor in marketing and concluding the sale. The Consignor remains the seller and owner of the Consignment Goods until the purchase price has been paid in full.

23.2 Consignment Goods are pre-owned and are sold in the condition disclosed to and inspected by the Client in accordance with clause 17.4. The Client is encouraged to inspect and test Consignment Goods thoroughly and to obtain any independent inspection before purchase. 4Matt Campers relies on information about the history, condition and title of Consignment Goods supplied by the Consignor.

23.3 To the fullest extent permitted by law, 4Matt Campers’ liability in respect of Consignment Goods is limited to the commission actually earned by 4Matt Campers on the sale, and any claim relating to the Consignment Goods themselves, including their condition, history, title, compliance, registration or fitness for purpose, lies against the Consignor, save for any obligation 4Matt Campers cannot exclude by law.

23.4 The Consignor warrants to 4Matt Campers and to the Client that the Consignor is the lawful owner of the Consignment Goods, that they are free of any finance, lien or encumbrance except as disclosed in writing, and that all material information about their condition and history has been disclosed. The terms between 4Matt Campers and the Consignor are governed by the separate written consignment agreement.

23.5 All payments for Consignment Goods must be made to 4Matt Campers’ nominated bank account under clause 12. The Client must not pay the Consignor or any other person directly, and any such payment is made entirely at the Client’s own risk and does not discharge the Client’s obligation to 4Matt Campers.

24. TRADE-INS

24.1 Where the Client offers Goods in trade, the Client warrants that they are the lawful owner, that the Goods are free of any finance, lien or encumbrance except as disclosed in writing, and that all material information about the condition and history of the Goods, including accident damage, water damage and modifications, has been fully and accurately disclosed.

24.2 Any trade-in value is subject to physical inspection of the Goods by 4Matt Campers and may be adjusted or withdrawn if the condition, history or documentation differs from what was disclosed.

24.3 Settlement of any outstanding finance on a trade-in will be dealt with as recorded in writing on the Offer to Purchase or other transaction document. Any settlement shortfall is payable by the Client. Any material misrepresentation regarding a trade-in is a breach of the Master Terms.

25. REGISTRATION, LICENSING AND ROADWORTHINESS

25.1 For registrable Goods, including caravans and trailers, the responsibilities of each party for registration, change of ownership and licensing on the National Traffic Information System (NaTIS) are as recorded on the Offer to Purchase or invoice.

25.2 Unless otherwise agreed in writing, the Client is responsible for licensing and for keeping registrable Goods licensed after handover, and for compliance with all road traffic requirements applicable to the use of the Goods.

26. CANCELLATION, RETURNS AND REFUNDS

26.1 The Client may not cancel an accepted order, quote, invoice, sales order, Offer to Purchase, special order, workshop booking or contract, in whole or in part, without the prior written consent of 4Matt Campers, except where cancellation is permitted by applicable law. Cancellation of Unit orders is governed by clause 10.

26.2 Where 4Matt Campers has ordered Goods, allocated stock, reserved Goods, incurred supplier charges, performed work, booked workshop capacity, arranged freight, customised Goods or otherwise incurred costs for a Client-specific order, cancellation may result in reasonable charges, supplier charges, restocking fees, fitment costs, transport costs, workshop costs or deposit treatment, where legally permitted, including a reasonable cancellation charge where the CPA applies.

26.3 A change of mind is not a ground for returning Goods or for any refund, and 4Matt Campers does not offer change-of-mind refunds, except where applicable law provides otherwise. 4Matt Campers may, in its sole discretion and as a goodwill gesture, accept such a return, subject to the Goods being unused, undamaged and in their original condition and packaging, and subject to a handling and restocking fee of up to 15% of the price paid, which may be deducted from any refund or set off against any credit.

26.4 Special-order, custom, supplier-order, vehicle-specific, fitted, installed, modified, opened, used or Client-specific Goods, and all Units, may not be returned or cancelled once ordered, allocated, supplied, fitted, installed, modified or used, except where required by applicable law.

26.5 Defective Goods: where the CPA applies and Goods are found to be defective within six months of delivery, other than through misuse, neglect, modification, overloading, incorrect towing, failure to follow the Manufacturer’s instructions, normal wear, or an imperfection or condition disclosed and accepted under clause 17, the Client’s remedies are those provided by section 56 of the CPA. The Client must first comply with the inspection and claims procedure in clause 19 and follow the Manufacturer’s warranty process under clause 18 for Manufacturer-supplied Goods. Any remedy is limited to the defective Goods or component concerned and does not extend to the whole Unit where the defect is capable of repair or replacement.

26.6 No refund is payable in any circumstance other than: (a) where required by applicable law; (b) where 4Matt Campers has agreed to a refund in writing; or (c) the refund of a reservation deposit in accordance with a Reservation Agreement. Any refund is calculated net of all amounts owing by the Client to 4Matt Campers on any account, all costs incurred and charges applicable under the Master Terms, and any deduction for use of or damage to the Goods that the law permits.

26.7 Any refund or credit that becomes payable is paid only by EFT to the bank account from which the original payment was received, after verification, within 10 Business Days of approval, and never in cash or to a third party.

26.8 Business Clients have no right to cancel, return or receive a refund except as 4Matt Campers expressly agrees in writing (clause 4.3).

27. BREACH AND CERTIFICATE OF BALANCE

27.1 4Matt Campers may suspend performance or cancel any contract, without prejudice to its other rights, if the Client: fails to pay any amount on due date; breaches any of the Master Terms or a transaction document; makes any misrepresentation, including as to Consumer or Business Client status, trade-in or consignment matters; being an individual, dies or is provisionally or finally sequestrated or surrenders their estate; being a partnership or juristic entity, is terminated, wound up, placed in liquidation, business rescue or under any comparable process; or compromises or attempts to compromise generally with its creditors.

27.2 On breach, all amounts owing by the Client become immediately due and payable.

27.3 A certificate signed by a member or manager of 4Matt Campers, whose authority need not be proved, stating the amount owing by the Client, is prima facie proof of that amount for all purposes, including judgment.

28. FORCE MAJEURE

28.1 4Matt Campers may defer delivery, suspend performance, revise timelines, revise pricing where applicable, or cancel a contract in whole or in part if performance is prevented, delayed or made materially more difficult by circumstances beyond its reasonable control, including acts of God, accidents, compliance with any law or government order, war or national emergency, riots, fire, industrial action, load-shedding or utility failure, Manufacturer or supplier failure or delay, shortages of labour, restraints or delays affecting carriers, or inability or delay in obtaining suitable supplies.

28.2 If a force majeure event continues for a continuous period of more than 6 months, either party may terminate the affected contract on written notice, without liability for the termination itself.

29. DISPUTE RESOLUTION

29.1 If a dispute arises from or relates to the Master Terms or any transaction, the parties must first attempt to resolve the dispute by negotiation.

29.2 If the dispute cannot be resolved by negotiation, it may be referred to arbitration under the rules of the Arbitration Foundation of Southern Africa, unless 4Matt Campers elects to pursue payment, debt recovery, urgent relief or another remedy through a court with jurisdiction.

29.3 Nothing in this clause prevents a Client from exercising any right under the CPA, including referring a matter to the Motor Industry Ombudsman of South Africa, the National Consumer Commission or the National Consumer Tribunal, where the CPA applies.

30. INTELLECTUAL PROPERTY AND MARKETING RIGHTS

30.1 The Client does not acquire any intellectual property rights in any patent, trademark, trade name, design, drawing, layout, specification, process, know-how, content, branding or proprietary information owned, used or developed by 4Matt Campers, and must not do anything which might adversely affect the validity or value of those rights or the goodwill in them.

30.2 4Matt Campers may photograph and film Goods sold, built, fitted, serviced or consigned by it, and may use such images and footage for marketing and portfolio purposes, provided that no personal information of the Client (including registration numbers) is published without consent.

31. PROTECTION OF PERSONAL INFORMATION

31.1 4Matt Campers processes personal information in accordance with applicable South African law, including POPIA, and takes appropriate, reasonable technical and organisational measures to safeguard personal information in its possession or under its control.

31.2 Further information about personal information processing is set out in the 4Matt Campers Privacy Policy published on the website.

32. ASSIGNMENT

32.1 The Client may not assign or cede any contract or any part of it without the prior written consent of 4Matt Campers. 4Matt Campers may assign or cede any contract or any part of it.

33. NOTICES AND DOMICILIUM

33.1 The Client chooses as its domicilium citandi et executandi for all notices and legal process the physical address, email address and mobile number recorded on the Offer to Purchase or other transaction document, or, failing that, the most recent address details supplied to 4Matt Campers. 4Matt Campers chooses its business address and email address stated in clause 37.

33.2 A notice is deemed received: if delivered by hand, on delivery; if sent by email or WhatsApp, on the day of transmission; and if sent by registered post, 7 days after posting. A party may change its address by written notice to the other.

34. LAW, JURISDICTION AND COSTS

34.1 The Master Terms and all contracts with 4Matt Campers are governed by the laws of South Africa. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.

34.2 The parties submit to the jurisdiction of the courts of Cape Town, South Africa. 4Matt Campers may institute proceedings in any court with jurisdiction, including the relevant Magistrate’s Court, notwithstanding that the amount claimed may exceed that court’s ordinary jurisdiction, to which the Client consents.

34.3 To the extent permitted by law, if 4Matt Campers institutes proceedings against the Client arising from the Client’s breach, the Client will be liable for 4Matt Campers’ legal costs on the scale as between attorney and own client, including collection commission and tracing costs.

35. GENERAL

35.1 No relaxation, indulgence, delay or failure by 4Matt Campers to enforce any right will be deemed a waiver of that right.

35.2 The Master Terms, together with any Offer to Purchase, Reservation Agreement, quote, estimate, quotation, sales order, invoice, Handover Checklist, written agreement, supplier term or written confirmation applicable to a transaction, constitute the whole agreement for that transaction and supersede prior discussions, negotiations, representations or understandings relating to it.

35.3 4Matt Campers reserves all its rights, and its rights under the Master Terms are in addition to, and not in substitution for, its rights at common law and under any other agreement.

35.4 The Client confirms that they have had the opportunity to read the Master Terms in full, to ask questions and to obtain independent advice before transacting, and that no representation not recorded in writing has induced the Client to transact.

36. SEVERABILITY

36.1 If any part of the Master Terms is declared invalid or unenforceable by a competent court or tribunal, or is inapplicable to a Consumer transaction, that part will be read down or severed only to the extent necessary, and will not affect the validity or enforceability of the remaining terms, which will continue to apply.

37. CONTACT DETAILS

4Matt Campers — Rustic Living Trading 46 CC t/a 4Matt Campers. Registration number: 2010/031871/23. VAT number: 4440293183. 27 Proton Crescent, Triangle Farm, Bellville, 7530. Email: info@4mattcampers.co.za. Phone: 021 065 1815. Website: www.4mattcampers.co.za.