These Bargain Basement Sale Terms ("Terms") apply to products purchased through the Bargain Basement section of the Bridgestone South Africa Sales Portal by customers of Bridgestone South Africa Proprietary Limited, registration number 1930/002801/07, a private company duly incorporated in the Republic of South Africa ("BSAF").
By purchasing a product through Bargain Basement, the customer ("Customer") confirms that it has reviewed the relevant product information and agrees to these Terms.
1. Application of these Terms
1.1 Bargain Basement purchases remain subject to the Customer's existing agreement with BSAF and/or any other BSAF terms ordinarily applicable to the Customer's purchases.
1.2 These Terms supplement those existing arrangements and will apply specifically to Bargain Basement purchases.
1.3 Where there is any inconsistency relating specifically to the pricing, product status, returns, exchanges or warranty treatment of a Bargain Basement Product, these Terms will prevail.
2. Bargain Basement Products
2.1 Bargain Basement provides BSAF customers with access to selected products at discounted prices based on factors such as product lifecycle, manufacturing date, stock status and/or discontinuation of the relevant SKU.
2.2 Products offered through Bargain Basement may include selected PC4, TBR and AG products.
2.3 Products eligible for Bargain Basement may include qualifying stock manufactured in the current calendar year or any of the three immediately preceding calendar years.
2.4 BSAF may amend the categories of products or eligibility criteria applicable to Bargain Basement from time to time.
3. Product Information
3.1 The relevant manufacturing date/year and any applicable product status information will be made available to the Customer before purchase.
3.2 The Customer acknowledges that the Bargain Basement price reflects the relevant product lifecycle, manufacturing date, stock status and/or discontinued SKU status disclosed on the Sales Portal.
3.3 The inclusion of a product in Bargain Basement does not mean that the product is defective or unsafe.
4. Pricing
4.1 Bargain Basement Products are offered at discounted prices that may differ from BSAF's standard pricing structures or other commercial arrangements.
4.2 All products remain subject to availability and BSAF's normal order acceptance process.
5. Returns, Exchanges and Credits
5.1 Bargain Basement purchases are final and are not eligible for return, exchange or credit for ordinary commercial reasons, including:
(a) the disclosed manufacturing date or product status;
(b) discontinued or excess-stock status;
(c) a change in the Customer's commercial requirements;
(d) difficulties in reselling the product; or
(e) a change of mind.
5.2 Clause 5.1 does not apply where required by law or where there is a valid technical, quality, safety or manufacturing issue.
5.3 Any such claim will remain subject to BSAF's applicable technical and claims assessment procedures.
6. Warranty
6.1 Bargain Basement Products are not eligible for any BSAF extended or additional commercial warranty, unless BSAF expressly confirms otherwise in writing.
6.2 Nothing in these Terms excludes any right or remedy that cannot legally be excluded.
7. Customer Resale Responsibilities
7.1 Customers remain responsible for complying with all applicable legal and regulatory requirements when reselling or fitting Bargain Basement Products.
7.2 Customers must not make any misleading representation regarding the manufacturing date, product status or applicable warranty of a Bargain Basement Product.
7.3 The Customer must comply with any applicable legal disclosure requirements concerning the manufacturing date, product status and warranty coverage of Bargain Basement Products.
7.4 The Customer remains free to determine its own resale price for Bargain Basement Products. BSAF does not impose a minimum resale price.
8. Electronic Acceptance
8.1 Before completing a Bargain Basement purchase, the Customer will be required to review the relevant product information and expressly accept these Terms electronically through the Sales Portal.
8.2 BSAF may retain an electronic record of the Customer's acceptance, including the Customer account, authorised user, date and time, order information and the version of these Terms accepted.
9. Applicable Law
9.1 These Terms are governed by South African law.
9.2 Nothing in these Terms is intended to exclude or restrict any right, obligation or liability that cannot lawfully be excluded or limited.
These Bargain Basement Sale Terms apply specifically to Bargain Basement transactions and are not general Sales Portal terms.
Acceptance is recorded against the authorised user, date and time, order details and this Terms version.