Terms and Conditions of Sale

The Toasted Group of Companies (Pty) Ltd (reg. no. 2026/110642/07), trading as Lowveld Power Transmission ("we", "us"). Version 2.0 · effective 20 October 2026. These terms replace version 1.0.

1. Application and definitions

1. These terms apply to every quote, order, sale, delivery and credit account of The Toasted Group of Companies (Pty) Ltd t/a Lowveld Power Transmission (the "Seller"). They apply whether the order is placed in person, by phone, email, WhatsApp, our website or any other electronic means, and they prevail over any terms on the customer's order form or documents unless we agree otherwise in writing.
2. "Customer" means the business or person who places the order or holds the account. "Goods" means belts, pulleys, bushes and any other products we supply. "Custom goods" means goods cut, made, machined or ordered specially for the customer. "Electronic communication" means email, WhatsApp, SMS, web forms and any other data message.
3. By placing an order, accepting goods or signing a credit application, the customer accepts these terms.

2. Who we are

1. We are an Authorized Distributor of Cobrel South Africa and a separate business from our supplier. We sell goods made by others; we do not manufacture them and we do not act as the manufacturer's agent.
2. Our full name, registration number, physical address, contact details and these terms are published on our website, as the Electronic Communications and Transactions Act, 2002 (ECTA) requires for electronic sales.

3. Quotes, prices and product information

1. Prices, stock levels, product information, calculators and images on our website, catalogues, WhatsApp catalogue and social media are an invitation to do business, not an offer. They may change without notice.
2. Quotes are valid for 7 days unless stated otherwise. Supplier price increases and exchange-rate changes after the quote date may be passed on before we accept the order, and we will tell the customer first.
3. We may correct any clear error in a price, description or quote, even after an order has been placed. If the correction increases the price, the customer may cancel the affected order without penalty.
4. Product specifications, ratings and dimensions are the manufacturer's. Images are for illustration and the actual product may differ in colour, marking or packaging.
5. Prices are in South African rand (ZAR) unless the quote says otherwise. Where VAT applies, it is shown separately. Delivery, courier and call-out charges are extra unless included in the quote.

4. Orders, electronic communications and verification

1. An order is binding once we confirm it in writing, including by email or WhatsApp. Electronic communications and electronic acceptance of quotes have the same effect as signed paper documents, as ECTA allows.
2. Orders, instructions and payment advices received from the customer's email addresses, phone numbers or WhatsApp numbers recorded with us, or from anyone who appears authorised to act for the customer, are treated as authorised by the customer. The customer must keep its email, phone and online accounts secure and tell us immediately in writing if they are compromised or if an authorised person leaves.
3. To prevent fraud we may at any time verify a customer's identity, company registration, address, authority to order and payment before accepting an order or releasing goods, and may ask for documents. We may refuse, delay or cancel any order we reasonably suspect is fraudulent, unauthorised or placed in someone else's name, without liability.
4. The customer is responsible for giving us the correct part number, size and quantity. Where we work from a photo, sample or measurement, the customer must confirm the specification in writing before we order.
5. Custom goods cannot be cancelled once we have placed the order with our supplier, and we may require full payment before ordering them. Any other cancellation after acceptance is at our discretion and may carry a handling fee.

5. Payment

1. Unless the customer has an approved credit account, payment in full is due before dispatch or collection.
2. Payment counts as received only when the funds have cleared into our bank account. A proof of payment, bank screenshot, "payment notification" or promise to pay is not payment, and we will not release goods against it.
3. Payments are made by EFT into our bank account, or by any other method we approve in writing. All bank charges are for the customer's account.
4. If a payment is reversed, dishonoured, recalled or charged back (including card chargebacks), the amount is immediately due again with any bank charges and a reasonable administration fee, and we may stop supplying the customer.
5. The customer may not withhold, defer or set off any payment against any claim it has or says it has against us.
6. We may allocate any payment to whichever amount owing we choose, starting with the oldest.

6. Banking details and payment fraud

1. Our only banking details are those printed on our official invoices and statements and confirmed to the customer by phone on our published number. We will never ask the customer to pay into a different account by email, WhatsApp or SMS.
2. Before making a first payment, and whenever it receives banking details that differ from those it already holds, the customer must confirm the details by phoning us on the number published on our website (not a number given in the message).
3. A payment made into any account other than our verified account does not discharge the customer's debt to us, even if the instruction appeared to come from us, unless we caused the loss through our own negligence.
4. The customer must tell us immediately of any suspicious request, message or invoice that appears to come from us. We will report fraud and attempted fraud to the South African Police Service and the banks concerned, and the customer agrees that we may share the relevant information for that purpose.
5. We are not liable for loss caused by fraud, interception of communications, hacking or impersonation by third parties, unless we caused it through our own negligence.

7. Credit accounts and non-payment

1. Credit is granted only on a signed credit application that we have approved, at our sole discretion. We may set, reduce or withdraw a credit limit, or close the account, on notice at any time.
2. Account customers pay within 30 days from statement date, or as set out in the approved application. Orders that would take the balance over the credit limit may be held until payment is received.
3. If any amount is overdue, if the customer breaches these terms, gives us false information, becomes insolvent, is placed in business rescue, compromises with creditors, sells its business or a major part of its assets, or changes ownership without telling us, then: (a) the full balance on the account becomes immediately due, even if not yet due; (b) we may stop all supply and cancel open orders; and (c) we may require cash on order for future sales.
4. Interest may be charged on overdue amounts at the maximum rate the law allows, including under the Prescribed Rate of Interest Act, 1975, from the due date until payment in full.
5. To the extent the law allows, the customer pays all costs of collecting overdue amounts, including tracing fees, collection commission and legal costs on the attorney-and-own-client scale.
6. After giving any notice the law requires, we may report non-payment and the customer's payment behaviour to registered credit bureaus and credit insurers.
7. A certificate signed by our owner or manager stating the amount owing is sufficient proof of that amount for any legal proceedings, unless the customer proves otherwise.
8. We may cede or transfer our rights against the customer, including to a debt collector, credit insurer or financier, without the customer's consent.
9. Any suretyship given for the customer's debts continues to apply under these terms.

8. Ownership of goods

1. Ownership of goods stays with us until the customer has paid in full for those goods and all other amounts owing to us, even if the goods have been delivered.
2. Until then, the customer holds the goods on our behalf, must keep them identifiable, insured and in good condition, and may not pledge or encumber them. Reseller customers may resell goods in the ordinary course of business.
3. If the customer fails to pay when due, we may, as allowed by law, recover unpaid goods, and the customer gives us access to its premises for that purpose. Recovered goods are credited at their resale value less our costs, and any balance remains owing.

9. Delivery, collection and risk

1. Delivery times are estimates. We are not liable for loss caused by delay, but we will keep the customer informed.
2. We deliver only to the customer's verified delivery address, or by courier to the address the customer gives in writing. A signed delivery note, courier proof of delivery or collection slip is proof of delivery.
3. Goods are released for collection only to the customer or a person with the customer's written authority, who must show identification and the order or invoice number. We may refuse to release goods if we cannot verify the collector.
4. Risk in the goods passes to the customer when they are handed to the customer, the customer's collector or the courier.

10. Checking goods and returns

1. The customer must check goods on delivery and report any shortage, damage or wrong item in writing within 2 working days.
2. Standard stock items that are unused, undamaged and in the original packaging may be returned within 14 days with proof of purchase, if we agree. We may charge a handling fee of up to 15% on returns that are not our error.
3. Custom goods cannot be returned unless they are defective or do not match the specification the customer confirmed.

11. Warranty

1. As a distributor, we pass on the manufacturer's warranty. If goods are defective, we will repair, replace or refund them, at our choice, once the defect is confirmed by us or the manufacturer.
2. The warranty does not cover normal wear and tear, incorrect fitting, misalignment, wrong tension, overloading, worn pulleys, contamination (oil, heat, chemicals) or use outside the product's rating.
3. Nothing in these terms limits a customer's rights under the Consumer Protection Act, 2008, where that Act applies.

12. Advice, calculators and drive checks

1. Technical advice, drive checks, recommendations and the calculators and guides on our website are given in good faith as general guidance, using typical values. They are not a substitute for the manufacturer's data or a professional engineering design for the customer's specific machine.
2. The customer remains responsible for checking the suitability of goods for its application and for safe installation by a competent person, including guarding as the law requires.

13. Limit of liability

1. To the extent the law allows, we are not liable for indirect or consequential loss, including downtime, lost production, lost profit or third-party claims, however caused.
2. To the extent the law allows, our total liability for any claim is limited to the price the customer paid for the goods concerned.
3. The customer indemnifies us against claims by third parties arising from the customer's use, installation or resale of the goods, except to the extent caused by our negligence.

14. Consumers buying online

1. Where a natural person (consumer) buys from us by electronic means and ECTA applies, the consumer may cancel the purchase without reason within 7 days of receiving the goods, and pays only the direct cost of returning them. This does not apply to custom goods or goods made to the consumer's specifications, as ECTA allows.
2. Consumers keep all their rights under the Consumer Protection Act, 2008, where it applies.

15. Orders delivered outside South Africa

1. For orders delivered outside South Africa, payment in full is due before dispatch unless we agree otherwise in writing.
2. The customer pays all import duties, taxes, clearing fees and local charges, and is the importer of record, unless the quote says otherwise. The delivery point and Incoterm are set out on the quote.

16. Resellers

1. Reseller customers act for their own account. They may not present themselves as us, as our agent or as the manufacturer, and may not use our name or logo without our written consent.
2. Resellers must pass on product information accurately and are responsible to their own customers for their own sales.

17. Events beyond our control

1. We are not liable for delay or failure caused by events beyond our reasonable control, including supplier or manufacturer delays, load shedding and power failures, strikes, unrest, transport disruptions, border delays, natural events, cyber attacks and government action. We may extend delivery times or cancel the affected order and refund amounts paid for undelivered goods.

18. Personal information

1. We handle personal information as set out in our privacy notice on our website, in line with the Protection of Personal Information Act, 2013 (POPIA), including for credit assessment, collection and fraud prevention.

19. General

1. South African law governs these terms. The customer consents to the jurisdiction of the Magistrate's Court having jurisdiction, even if a claim exceeds that court's normal limit; we may also choose to sue in the High Court.
2. Each party chooses as its address for legal notices and service: for us, our physical address published on our website; for the customer, the physical address in its credit application or, if none, its delivery address.
3. The person who signs or places an order for the customer warrants that they are authorised to do so. If they are not, they are personally liable to us as if they were the customer.
4. No change to these terms, and no waiver or indulgence, is binding unless it is in writing and signed by us. Allowing extra time to pay does not waive our rights.
5. If any clause is invalid, the rest remain in force. These terms, our quote and any approved credit application are the whole agreement.
6. We may update these terms. The version on our website on the date of an order applies to that order. Translations of our website are for convenience; this English version prevails.

These terms are a business template. Have them reviewed by an attorney before relying on them in a dispute.