Futura Footwear Limited, Bata Industrials and its associated companies do their utmost best to ensure this site is kept up to date and complete. However, despite this care and attention, it is possible that the content is incomplete or incorrect.
No rights whatsoever are granted by the contents of this website. Futura Footwear Limited, Bata Industrials and its associated companies are not responsible for damage that may be considered connected to the use of the site, or to an inability to refer to the site.
Unauthorized or illegal use of this site or the contents thereof can be in breach of intellectual rights and regulations in the widest possible context.
Futura Footwear Limited, Bata Industrials and its associated companies respects your privacy and do everything to protect this in practice. Futura Footwear Limited, Bata Industrials and its associated companies uses person related information to be of better service to you, to become aware of your interests and requirements, and to communicate with you. Futura Footwear Limited, Bata Industrials and its associated companies do not make your details available to third parties without your express permission, unless legally required to do so.
Bata Cool Comfort®, Bata VentAir®, Bata Xtreme Air®, BS2000®, Easy Rolling System®, Elegance®, Muybridge®, Pro-Guards®, QuattroTech®, Sentinel®, Spirit®, The Natural®, Traxx®, TriTech®, Tunnelsystem® and Wallstreet® are registered trademarks of Bata Industrials Europe.
3M Scotchlite® is a registered trademark of 3M.
Amicor® is a registered trademark of Acordis.
Bekinox® is a registered trademark of Bekaert.
Dri-Lex® is a registered trademark of Faytex Corporation.
GORE-TEX® is a registered trademark of W.L. Gore & Associates.
Kermel® is a registered trademark of Rhône Polenc.
Lycra® is a registered trademark of Du Pont.
Zirpro® is a registered trademark of International Wool Secretariat.
BELL® is a registered trademark of Bell Equipment (Proprietory) Limited.
Bata Industrials is the trade name of Futura Footwear Limited.
As laid out in our terms of credit our conditions of sale and delivery as listed below:
| 1.1 | No orders placed will be binding upon Futura Footwear Limited until accepted by Futura Footwear Limited’s, and Futura Footwear Limited reserves the right not to accept orders placed. |
| 1.2 | Goods will be charged at the prices ruling at the date of dispatch. |
| 1.3 | The invoice price reflected on Futura Footwear Limited’s invoice shall be paid by the Purchaser without any deduction and in accordance with the terms of payment which the parties hereto might from time to time agree. |
| 1.4 | For the purposes of set-off, payment in respect of goods sold and delivered by Futura Footwear Limited to the Purchaser shall become due upon delivery, notwithstanding any terms of payment agreed upon. |
| 1.5 | The Purchaser shall not be entitled to set-off any amounts which may be owing to the Purchaser by Futura Footwear Limited, from whatsoever cause arising, against any amounts owing by the Purchaser to Futura Footwear Limited. |
| 1. | Unless otherwise agreed in writing all amounts reflected on Futura Footwear Limited’s invoice are payable within 60 (SIXTY) days from date of statement and failure to make any payment on due date shall render the full amount owing payable immediately, together with interest at the maximum rate permissible in law on all overdue amounts. Futura Footwear Limited also reserves the right to place accounts that are 60 days and over in arrears on a C.O.D. basis. |
| 3.1 | The risk in and to the goods purchased shall pass to the Purchaser on delivery thereof. However, notwithstanding delivery, ownership of the goods shall remain vested in Futura Footwear Limited and shall not pass to the Purchaser until payment of the full purchase price has been made. |
| 3.2 | A signed delivery note shall constitute prima facie proof that the goods have been delivered to and received by the Purchaser in good condition, whether signed by the Purchaser, an employee, an agent, a representative or nominated transporter of the Purchaser. |
| 3.3 | Futura Footwear Limited shall not, under any circumstances, be liable for any defects, shortages in delivery or failure of the goods to comply with the Purchaser’s specifications unless written notice is received by Futura Footwear Limited within 21(TWENTY-ONE) days of delivery. Liability in respect of defective goods is limited to replacing such goods. |
| 3.4 | Futura Footwear Limited shall not be liable for any consequential loss suffered by the Purchaser in respect of delays in delivery, defective goods or from any other cause howsoever arising. |
| 4. | In the event of the Purchaser failing to make payment of any amount on due date or the Purchaser and/or Surety/ies, committing any breach of the terms of this Agreement, all of which are deemed to be material, Futura Footwear Limited at it’s option and without prejudice to any of it’s rights in law, shall be entitled to: |
| 4.1. | retake possession of the goods sold and delivered to the Purchaser in respect of which ownership has not passed, including worked materials; and/or |
| 4.2. | demand that the Purchaser immediately make payment to Futura Footwear Limited of all amounts outstanding in respect of all goods sold and delivered by Futura Footwear Limited to the Purchaser, notwithstanding that payment in respect of any such goods might not yet be due and payable. |
| 5. | Futura Footwear Limited, Purchaser and Surety/ies consent and agree that any dispute, disagreement or claim arising out of this Agreement or any other agreement between the parties shall at the sole election of Futura Footwear Limited, be finally resolved: |
| 5.1 | in the Magistrate’s Court having jurisdiction in respect of the Purchaser and Surety/ies, notwithstanding that the amount in issue may exceed the jurisdiction of such Court; or |
| 5.2 | in the High Court of South Africa; or |
| 5.3 | in accordance with the Rules of the Arbitration Foundation of South Africa by an Arbitrator or Arbitrators appointed by the Foundation. |
| 6 | In the event of Futura Footwear Limited having to institute legal proceedings of whatsoever nature against the Purchaser, the Purchaser will be liable for Futura Footwear Limited’s legal costs on the scale as between attorney and own client. |
| 7 | A certificate by a director of Futura Footwear Limited showing the amount due and owing by the Purchaser to Futura Footwear Limited at any given time shall be sufficient prima facie proof of the facts stated therein for the purpose of all legal proceedings and recovery of all outstanding amounts. |
| 8 | The Purchaser hereby irrevocably cedes, pledges, assigns and makes over unto and in favour of Futura Footwear Limited, all its rights, title, interest, claim and demand in and to all claims of whatsoever nature and howsoever arising, which the Purchaser may have at any time hereafter against all and any persons, companies, organizations and legal personae, without exception, as continuing covering security for the due payment of money which may become owing by the Purchaser to Futura Footwear Limited, it being acknowledged that this Cession is a cession in securitatum debiti and is not an out and out cession. Should it transpire that the Purchaser entered into prior deed/s of cession or otherwise disposed of any of the right, title and interest in and to any of the debts which will be subject to this Cession, then this Cession shall operate as a cession of all the Purchaser’s reversionary rights. |
| 9 | The Purchaser and Surety/ies hereto nominate the Purchaser’s physical address as recorded on the reverse side hereof as their domicilium citandi et executandi address for the service upon them of all legal processes and notices. |
| 10.1 | Futura Footwear Limited may hold and process by computer or otherwise any information obtained about the Purchaser/Sureties as a result of this application and/or agreement. Futura Footwear Limited may conduct a credit enquiry and/or a credit information search about the Purchaser/Sureties with a credit information bureau, persons acting as their agents and/or other credit grantors. Futura Footwear Limited may transmit details of how the Purchaser/Sureties have performed in meeting their obligations in terms of this application/agreement concluded between Futura Footwear Limited and the Purchaser/Sureties and share such information with other credit grantors for the purposes of making any credit risk management related decisions. |
| 10.2 | If the Purchaser/Sureties fail to meet their obligations as defined in this application/agreement, Futura Footwear Limited may record the Purchaser/Sureties non-performance with a credit information bureau. Any information conveyed to a credit information bureau will be available to other credit grantors and used in making credit risk management related decisions. |
| 10.3 | Futura Footwear Limited may: |
| 10.3.1 | Monitor the Purchaser/Sureties payment behaviour by researching the Purchaser/Sureties record at one or more credit information bureau; |
| 10.3.2 | Use new information and data obtained from a credit information bureau in respect of the Purchaser/Sureties future credit applications; |
| 10.3.3 | Record the existence of the Purchaser/Sureties account with any credit information bureau; |
| 10.3.4 | Record and transmit details of how the Purchaser/Sureties have performed in terms of this agreement reflecting how the account has been conducted by the Purchaser/Sureties in meeting their obligations in terms of this account. |
| 10.3.5 | The Purchaser/Sureties acknowledge and agree that any information regarding their credit worthiness, defaults in payments to Futura Footwear Limited, and details of how they have conducted the account with Futura Footwear Limited may be disclosed to any other creditor of the applicant and/or to one or more credit information bureau. |
| 11 | No extension of time or any other relaxation or indulgence granted by Futura Footwear Limited to the Purchaser shall operate as, or be deemed to be a waiver by Futura Footwear Limited of any of it’s rights under this Agreement, or a novation of any of the terms and conditions of this Agreement |
| 12 | Futura Footwear Limited shall not be responsible for any undertaking, representation or warranty given orally or otherwise which is not specified in writing, nor shall any variation or amendment of, or addition to the terms and conditions of this agreement be binding upon the parties unless in writing and signed and accepted by a director of Futura Footwear Limited. |
| 13 | If any provision of this agreement, or the attached suretyship, is found or held to be invalid or unenforceable, such terms will be severable from the remaining terms, which will continue to be valid and enforceable. |
