In the Agreement, unless the context indicates differently:-
1.1. “Agreement” means these terms and conditions, including the Schedule and all written notices that the Seller has given to the Purchaser;
1.2. “Business day” means any day except for a Saturday, Sunday or Ugandian public holiday”;
1.3. Purchaser”/”you”/”your” means the person who has agreed to enter into the Agreement and whose details are recorded in the Schedule;
1.4. “Schedule(s)” means the Retail “Your Plan” Schedule attached to these terms and conditions which records the purchase price of the goods, the number of amounts to be deposited, the quantity of the amounts to be deposited, the intervals on which the amounts need to be deposited and any other Schedules which may be attached hereto by agreement between the parties;
1.5. “Seller”/”we”/”us”/”our” means Abanista Stores Uganda, Reg no.1245843
1.6. The headings of the various clauses in the Agreement have been inserted purely for the purpose of convenience and they will not be used to interpret the Agreement.
1.7. Any reference to a gender includes the other genders; and
1.8. The singular includes the plural and vice versa (the other way around).
2.1 You have agreed:-
2.1.1. To buy the goods set out in the Schedule on Your Plan; and
2.1.2. To pay for the goods by making regular deposits until payment of the full purchase price, as set out in the Schedule.
2.2. You understand and agree that you will not become the owner of the goods until you have paid the full purchase price for the goods. The goods will remain at our risk until you have accepted delivery of them.
2.3. You agree that:-
2.3.1. The Agreement represents the entire Agreement between the you and Abanista and that no alterations or additions to the Agreement may be effected unless agreed to by both parties, reduced to writing and signed by you and a duly authorised representative of Abanista; and
2.3.2. The time set for payment herein shall be the essence of the Agreement.
3. PAYMENT OF DEPOSIT AND INSTALMENTS
3.1. No interest or opening fee will be charged on “Your Plan”
3.2. Total purchases must be Ush 200,000 and over
3.3. The deposit shall be 20% of the total purchase price of the products
3.4. You understand and agree that:-
3.4.1. The purchase price of the goods includes tax at the current rate of tax; and
3.4.2. If, at any time before the full purchase price of the goods is paid by you, the tax rate is changed in relation to the supply of the goods, we will be entitled to recover the tax increase from you prior to release of the goods.
3.5. The Agreement will commence upon signature of the Agreement and payment of the initial deposit set out in the Schedule.
3.6. Thereafter, you must deposit the monthly amounts on or before the due dates until the final payment date. All amounts must be deposited at the address of the store, as detailed in the Schedule, or via a direct deposit into the bank account of the store or using any of the other payment methods including Mobile Money, Card or AbanistaPay.
3.7. The deposits will be applied towards the settlement of the purchase price on the final payment date.
4. OBLIGATION OF ABANISTA
4.1. Abanista will furnish the Purchaser with:
4.1.1. A copy of the Agreement;
4.1.2. A written receipt each and every time a payment is made on the Agreement;
4.1.3. A statement of account containing the following information in respect of the period covered by the statement –
(a) The purchase price,
(b) The balance owing on the purchase price at the beginning of that period,
(c) All debits and credits entered on the account during that period, and
(d) The balance of the purchase price owing at the end of that period;
4.1.4. Abanista shall not:
(a) Enter into another Agreement of any sort whatever; unless the Agreement becomes null and void through default on the part of the Purchaser or through termination of the Agreement for any reason whatsoever as provided for in the Agreement;
(b) Increase the purchase price payable by the Purchaser; and
(c) Recover from the Purchaser any amount in addition to the purchase price in respect of the goods in terms hereof (with the exception of clause 3.1.2)
5. COLLECTION OF GOODS ON FULL PAYMENT
The Purchaser shall collect the goods within fourteen (14) days of payment of the full purchase price or provide an address for delivery of the purchased goods within the same period.
6. TERMINATION BY THE PURCHASER
If the Agreement is terminated by the Purchaser prior to the expiry date hereof, Abanista shall immediately refund to the Purchaser 90% of all monies paid by the Purchaser in terms of the Agreement prior to the date of such termination. Abanista shall in such event be entitled to retain a maximum of 10% of the price of the goods.
7. TERMINATION BY ABANISTA
7.1 If the Purchaser fails to fulfil his obligations in terms of the Agreement, i.e. to pay the balance of the purchase price in full by not later than the expiry date stated on the Schedule, the Seller shall be entitled, 15 days after it has notified the Purchaser by SMS, email or registered mail, of intention to do so, to terminate the Agreement and, in that event, the Abanista shall:
7.1.1 Be entitled to retain 10% of the price of the goods in terms of this Agreement and cancellation fee; and
7.1.2 Refund the balance of such monies to the Purchaser.
8. CIRCUMSTANCES IN WHICH MONIES ARE NOT REFUNDABLE
Notwithstanding anything to the contrary contained in the Agreement, the Purchaser shall not be entitled to any refunds of any monies paid by him in terms of the Agreement and the Seller shall not be liable to refund any such monies if the goods specified in the Schedule shall have been specially made, prepared or altered at the request of the Purchaser in accordance with his own specifications.
9. CHANGE OF DETAILS
Where the Purchaser’s details or address change, the Purchaser must notify the Seller within Seven (7) days of such change.
10. GOVERNING LAW
The Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the Laws of Uganda.
11.1 The Agreement shall not be binding on either party until it shall have been accepted and signed on its behalf by a person authorised thereto.
11.2 The Agreement comprises the entire Agreement between the Seller and the Purchaser in respect of the goods specified in the Schedule and no alteration, variation or amendment to or any consensual termination of the Agreement shall be of any force or effect unless recorded in writing and signed by all of the parties.
11.3 No waiver, indulgence or relaxation granted by a party to another in relation to the performance of the Agreement or a breach of any obligation hereunder will be binding unless reduced to writing and will then only be binding in relation to the specific instance for which it is granted and will not prevent the subsequent enforcement of any right or obligation breached or waived/relaxed as the case may be.
11.4 No failure or delay by a party to enforce or exercise a right in terms hereof will thereby be deemed to be a waiver or abandonment thereof.
11.5 A person who is not a party to the Agreement has no rights under the Agreement to enforce or enjoy the benefit of any term.
11.6 If any provision of the Agreement shall be held to be invalid, illegal or unenforceable then, to the extent permitted by law, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
11.7 The Seller shall be entitled at any time to assign its right, title and interest in, to and under the Agreement to any other party. The Purchaser shall not assign, or otherwise deal with any of its right, title and interest under the Agreement nor agree to do any such thing without the prior written consent of the Seller, which the Seller may withhold at its absolute discretion.