STANDARD TERMS AND CONDITIONS OF SALE

 

 

PURE BURN (PTY) LTD Registration Number: 2026/080898/07

Physical Address: 46 Seekoring Ave, Reebok Village, Reebok, Mossel Bay, 6503

(“The Seller”)

These Terms and Conditions (“T&Cs”) govern all sales by PURE BURN (PTY) LTD (“The Seller”) to any customer (“The Customer”). No variation shall be valid unless in writing and signed by the Seller. These T&Cs prevail over any purchase order terms issued by the Customer unless agreed to in writing by the Seller.

1. INTERPRETATION AND DEFINITIONS

1.1. “CPA” means the Consumer Protection Act 68 of 2008. 

1.2. “Customer” means the person or entity placing an order or accepting a quotation from the Seller and shall include any of its officers, directors, agents, associates, subsidiaries, assignees and any related party (whether direct or indirect). The word “Client” shall have a corresponding meaning. 

 1.3. “Goods” means firelighters, braai wood, fire wood, kindling,  or other sources of wood fuel, charcoal, and any related products or services supplied by the Seller.

 1.4. “Prime Rate” means the publicly quoted prime overdraft rate of interest of the Seller’s bankers (Capitec Business) from time to time.

 1.5. “Standard Specifications” means the physical product specifications (including weight, dimensions, moisture) and “Standard Packaging” (default branding) as set out in the Seller’s official Product Catalog current at the time of the Order.

1.6. “Special-Order Goods” (or “Non-Standard Goods”) means any Goods manufactured to the Customer’s specific requirements that differ from the Standard Specifications, specifically including Custom Packaging (“White Label”) or non-standard dimensions.

2. APPLICATION AND BINDING NATURE

2.1. Acceptance: By paying a deposit, accepting a Quote, or taking delivery of Goods, the Customer tacitly agrees to and irrevocably accepts these Terms.

 2.2. Supremacy: These Terms constitute the sole record of the agreement between the Parties. They supersede any purchase order or conflicting conditions issued by the Customer.

2.3. Hierarchy: In the event of a conflict regarding specifications:

2.3.1. The Signed Quotation/ Accepted Invoice shall prevail over the Product Catalog; and

2.3.2. The Product Catalog shall prevail over any general description in these Terms.

2.3.3 Silence or omission in a Quotation regarding dimensions implies adherence to Standard Specifications.

 2.4. International Law: The Parties expressly exclude the application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) in its entirety.

3. PRICE, PAYMENT AND INTERNATIONAL FINANCIALS

3.1. Validity: Prices quoted are valid for 7 (seven) days and exclude VAT and transport unless otherwise stated.
3.1.1 A contract is only formed when the Seller issues a written Order Confirmation.
3.1.2 The Seller reserves the right to decline any order without providing reasons.

3.2. Payment Terms:

3.2.1. Local Split Orders (+/-10  tons ):  100% Upfront.

3.2.2. Bulk – Full loads & Export Orders: 50% Deposit (Production); 30% Milestone (Ready to Dispatch); 20% Final (Fulfillment/Delivery). 

3.2.3 Special-Order Goods: Any specific costs relating to special order goods, such as packaging , design services and the like , are to be paid 100% upfront on order confirmation. Any amounts paid to the Seller towards such amounts shall be 100% non-refundable. 

3.3. Currency & Bank Charges: All payments must be made in the currency specified in the Invoice. The Customer is responsible for all bank transfer fees, currency conversion costs, and correspondent bank charges. The Seller must receive the full invoiced amount free of deduction. 

3.4. Taxes & Gross-Up:

3.4.1 If the Customer is required by law to withhold any tax from a payment, the sum payable shall be increased so that the Seller receives the net amount equal to the invoice value.

3.4.2 For international orders, the Purchase Price is exclusive of any import duties, tariffs, VAT, or similar levies imposed in the Customer’s jurisdiction.

3.5. Retention of Title: Non withstanding delivery, Ownership of all Goods remains vested in the Seller until the purchase price is paid in full. 

3.5.1 The Seller reserves the right to enter the Customer’s premises to repossess unpaid Goods if payment is overdue, or else resell and or divert unpaid goods to cover outstanding amounts. 

3.6. Late Payments: All payments are net 7 days. After a 14-day grace period, interest shall accrue at the Prime rate plus 5%, compounded weekly, calculated from the original due date until outstanding amounts have been settled. 

3.7. Pricing Freedom: All prices are at PURE BURN’s discretion. Any “Recommended Retail Price” (RRP) from a Manufacturer shall be non-binding.

4. ORDERS, CANCELLATION AND VARIANCE

4.1. Cancellation (Special-Order Goods): In terms of Section 17 of the CPA, the Customer acknowledges that no cooling-off period or cancellation right applies to Special-Order Goods once production or specialized procurement has commenced. 

4.2 On orders for Special-Order Goods, once packaging has commenced and the clients order is canceled, the entire deposit is forfeited to the Seller as a genuine pre-estimate of liquidated damages. 

4.3. Liquidated Damages: If a standard order is cancelled more than 5 (five) business days after the deposit is paid, the 50% deposit is forfeited to the Seller as a genuine pre-estimate of liquidated damages. 

4.4. Natural Variance:   Unless “Precision Cutting” is specifically quoted and paid for, all wood products are supplied to a general specification. The Customer accepts an industry-standard 10% weight/volume variance and 15% dimension(log length/diameter) variance for natural forestry products is considered within industry standards and does not constitute a defect.

4.5. The Change Order Process: Any request to change an order (e.g., changing from 25cm logs to 35cm logs, or altering branding artwork) must be submitted in writing and all such changes will result in the good being regarded as “Special-Order goods” under these terms. 

4.6. Finality: No changes to specifications or packaging will be accepted more than 5 days after the 50% Deposit has been cleared and production has been scheduled. 

4.7. Costs: Any approved changes made prior to the 5-day cutoff may attract an “Administrative Amendment Fee” of R2,500.00 plus the cost of any wasted materials (e.g., pre-printed bags) 

4.8 Standard Cancellation: For non-custom goods, a 25% cancellation fee applies if cancelled more than 5 days from date of order confirmation. 

4.9. Abandonment: If the Customer fails to pay any outstanding amounts or  fails to collect the Goods within 14 days of Fulfillment notice, the order is deemed “Abandoned.” Then PURE BURN shall be entitled to:

4.9.1 Keep any monies paid relating to such order prior to this to date as liquidated damages, 

4.9.2 Resell the goods (and if it so chooses strip/re-package custom-branded wood) to a third party.

 

5. QUALITY, WARRANTY AND RETURNS

5.1. Moisture Warranty: The Seller warrants wood fuel moisture <20% at the time of packing. 

5.2. Conclusive Proof: A moisture meter photograph or timestamped quality log at the point of dispatch shall constitute conclusive proof of the quality of the Goods. The Seller is not liable for moisture ingress occurring post-dispatch due to transport conditions or Customer storage in conditions of high temperature or high humidity. 

5.3. Biosecurity (Export): The issuance of a South African Phytosanitary Certificate is conclusive proof that the Goods were free from pests and compliant with international standards at the time of risk transfer. No biosecurity claims will be entertained post-Fulfillment. 

5.4. Reporting: Visible defects or shortcomings must be reported in writing within 48 (forty-eight) hours of delivery. Failing this, the Goods are deemed accepted and no further claims will be entertained by the Seller. 

5.5 Product-Specific Refusal: Returns on firelighters will strictly not be accepted where:

5.5.1 The Products have been exposed to heat in excess of 30°C.
5.5.2 The packaging has been compromised by moisture.
5.5.3 The Products have been stored in violation of SANS 10400-T safety standards.

6. DELIVERY, RISK AND FORCE MAJEURE

6.1. Incoterms: For international sales, the nominated Incoterm (2020) in the Quote (e.g., FOB/CIF) shall override any general definition of delivery. 

6.2. Risk: Risk of loss, damage, theft, or fire passes to the Customer entirely upon dispatch (when Goods leave the Seller’s premises). The Customer is solely responsible for insurance. 

6.3. Force Majeure: The Seller shall not be liable for any failure to perform caused by acts of God, total or partial failure of the national electricity grid, strikes, civil unrest, or supply chain disruptions beyond its reasonable control.

6.4. Delivery Terms:  For international clients, delivery terms are FOB (Free on Board) or CIF (Cost, Insurance, and Freight) as per Incoterms 2020, and specified in the Quotation. No formal shipping/export documents will be released to the Client until the final 20% payment, or associated outstanding amounts (including interest) is cleared into the Supplier’s account.

6.5. Fulfillment: Proof of Fulfilment shall be a copy of the Bill of Lading for international orders or a signed Delivery/Collection Note for South African Orders.

7. LIMITATION OF LIABILITY AND INDEMNITY (CPA NOTICE)

7.1. Where the Seller acts solely as a distributor or reseller, any liability for product defects, safety hazards, or SANS non-compliance is limited to the Manufacturer’s Warranty. 

7.2. The Seller’s total liability for any claim is strictly limited to the replacement of the Goods or a refund of the actual purchase price. 

7.3. Under no circumstances shall the Seller be liable for consequential loss, loss of profit, loss of business, or punitive damages. 

7.4 Misuse: The Seller shall not be liable for any loss or damage arising from the incorrect storage, handling, or misuse of the Products by the Customer or third parties.

8. STATUTORY COMPLIANCE (SAFETY & EXPORT)

8.1. Fire Safety: The Customer acknowledges that firelighters and firewood are combustible materials and the Customer warrants compliance with SANS 10400-T regarding the storage of flammable goods (specifically maintaining required clearance from walls/ceilings). 

8.2. Export Compliance: The Customer warrants that it is not a Sanctioned Entity under the laws of the UK, EU, USA, or South Africa.

8.3 Anti-Bribery compliance: The customer shall not offer any bribe or facilitation payment in connection with the import of the Goods or any other regulatory or statutory requirements. We believe that corruption is a cancer on our society and we do not support or condone it in any way. 

8.4 Plant Health Compliance: The Customer is solely responsible for communicating any specific phytosanitary requirements at the time of placing the order, the seller shall not be liable for any shortcomings of destination import compliance, including any international plant health compliances (e.g., Plant Health regulations,Phytosanitary requirements, IPAFFS etc.) not communicated prior to order confirmation. 

8.5. EPR Regulations: The Customer acknowledges its responsibility under Extended Producer Responsibility (EPR) regulations to dispose of packaging waste via authorized recycling streams.

9. VALUE-CHAIN PROTECTION (NON-CIRCUMVENTION)

9.1. Proprietary Interest: The Customer acknowledges the Seller’s relationship with its Manufacturers and its Value Chain (farmers/harvesters/transporters) is a proprietary trade secret. 

9.2. Restraint: The Customer agrees not to solicit, engage, or contract directly with any of the Sellers’  Manufacturers or any harvester/farmer introduced by the Seller for a period of 5 (five) years from the last date of trade, unless expressly agreed to in writing.

9.3. Penalty: The customer expressly agrees that any breach of this clause triggers a penalty equal to 100% of the gross revenue of the circumventing transaction.

10. INTELLECTUAL PROPERTY

10.1. Ownership: All Intellectual Property, including logos, packaging designs, and “White Label” artwork created by the Seller, remains the exclusive property of the Seller. 

10.2. No Reverse Engineering: The Customer shall not attempt to reverse engineer the chemical composition of firelighters or proprietary moisture-treatment processes.

11. BREACH AND DISPUTE RESOLUTION

11.1. Breach: Should the Customer fail to pay any amount or breach these Terms, and fail to remedy such breach within 7 (seven) days of notice, the Seller may immediately cancel the agreement, retake possession of Goods, and claim damages. 

11.2. Magistrate’s Court: The Customer consents to the jurisdiction of the Magistrate’s Court for any litigation, notwithstanding that the amount in dispute may exceed the court’s jurisdiction. 

11.3. Disputes:  
11.3.1 Domestic (SA): Disputes referred to AFSA Arbitration. If unsuccessful, the parties submit to the jurisdiction of the Western Cape High Court.
11.3.2 International: Disputes involving international export clients shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce (ICC).

11.4. Costs: The Customer shall be liable for legal costs on the attorney and own client scale.

12. GENERAL

12.1. Severability: If any provision of these Terms is found to be invalid, unlawful, or unenforceable, that provision shall be severed, and the remaining provisions shall remain in full force. 

12.2. No Indulgence: No relaxation, indulgence, or extension of time granted by the Seller to the Customer shall be construed as a waiver of any of the Seller’s rights in terms hereof, nor shall it preclude the Seller from exercising any of its rights strictly in the future.

12.3. Cession: 

12.3.1 The Seller shall be entitled to cede its rights (specifically the right to receive payment) to any third party without notice to the Customer.

12.3.2 The Customer shall not be entitled to cede, assign, or transfer any of its rights or obligations under these Terms without the prior written consent of the Seller.

12.4. Entire Agreement: These Terms constitute the whole agreement between the Parties as to the subject matter hereof. No agreements, representations, or warranties between the Parties other than those set out herein are binding on the Seller.

12.5. Domicilium & Notices: The Parties choose their physical addresses as set out in the Quotation (for the Customer) and Invoice (for the Seller) as their respective domicilium citandi et executandi for the service of all legal processes. All notices sent by email shall be deemed received on the date of transmission, provided no error message is received. For the purpose of this agreement, all emails to be sent to admin@pureburn.co.za

12.6. Data Privacy (POPIA): The Customer consents to the processing of its personal information for the purposes of credit vetting, order fulfillment, and legitimate commercial interest in accordance with the Protection of Personal Information Act.

12.7. Language: This Agreement is drawn up in English. In the event of any conflict with a translated version, the English text shall prevail.