NomadX Trading Terms

NomadX Sport (Pty) Ltd
Registration number 2025/976469/07
1 Howie Street, Rynfield, Benoni, Gauteng, 1501, South Africa
072 242 0390 · info@nomadxsport.com · nomadxsport.com

NomadX Sport (Pty) Ltd is not a registered VAT vendor. No VAT is charged on any NomadX quotation or invoice and none may be claimed against one. We do not issue tax invoices. All amounts are in South African Rand.

2.1 These terms apply to every trade supply we make, together with the quotation or invoice for the specific order. Where the two differ, the quotation or invoice wins for that order.

2.2 Where you have signed a NomadX Stockist Agreement, that agreement takes precedence over these terms wherever the two differ.

2.3 We may change these terms. Each version carries a number and a date. The version in force is the one named on your quotation. Superseded versions are kept on file and are available on request.

2.4 Nothing in these terms limits any right you have under the Consumer Protection Act 68 of 2008 where that Act applies to you.

3.1 A quotation is an offer to supply on the terms stated in it. It is valid for the period shown on its face and is subject to stock being available when you accept.

3.2 An order is placed by signing and returning the quotation, or by sending your own purchase order that quotes the quotation number. A contract comes into existence when we confirm the order or dispatch the goods, whichever happens first.

3.3 We may decline an order, or supply part of it, where stock is short. We will tell you before taking payment.

4.1 One wholesale price applies to every stockist, whatever the size of the order. We do not give volume discounts. Larger orders are rewarded with free stock under clause 5, not with a lower unit price.

4.2 A first order is paid in full before dispatch. We do not supply on credit or on consignment to a new account.

4.3 Thirty day account terms are considered once three orders have been settled on time. Account terms are granted in writing and may be withdrawn in writing.

4.4 Payment is by electronic transfer to the account shown on the quotation or invoice, quoting the reference given. Our banking details never change. If you receive any communication claiming that they have, telephone us on 072 242 0390 before paying. We are not responsible for payment made to an account other than the one shown on our document.

4.5 Prices may change. A price change never affects a quotation already issued and still within its validity period.

5.1 Starter packs are a quantity of paid units together with an entitlement to free units:

5.2 The entitlement steps up at each band and is calculated on paid units only. Orders above 80 paid units are agreed case by case.

5.3 Free units are supplied at no cost. They are not discounted stock and they are not a reduction in the unit price. They are shown as separate lines at nil value on the quotation and the invoice so that you can see exactly which colours are in the box.

5.4 Free units apply to a first order only, unless we agree otherwise in writing.

5.5 You choose which colours make up your free units, subject to stock.

6.1 What you charge your customers is entirely yours to decide.

6.2 We suggest a retail price of R165 a unit. This is a recommendation only and is not binding on you. Where a price we have suggested is displayed on or alongside the product, it must be shown as a recommended price.

6.3 We will never withdraw supply, support or any benefit because of the price at which you choose to resell.

6.4 We may agree co-operative promotional pricing with you in writing from time to time. Any such arrangement is voluntary.

7.1 Goods must be resold in their original NomadX packaging, unaltered.

7.2 Goods may not be removed from their packaging, repackaged, relabelled, debranded, or offered for sale under any other brand, trade name or mark.

7.3 All NomadX branding, header cards, barcodes and country of origin markings must remain intact and legible.

7.4 Goods may not be bundled with another product in a way that obscures the NomadX branding or the recommended price marking, without our written consent.

8.1 Goods are supplied for resale in person, at your own premises or club.

8.2 Without our prior written consent, goods may not be:

• listed on any online marketplace, including Takealot, Amazon, Facebook Marketplace, Bob Shop or any equivalent platform;
• advertised with a price on any public platform;
• resold to another reseller, wholesaler or distributor.

8.3 These are conditions about where and how you sell, not about the price at which you sell. Clause 6 governs price and is not affected by this clause.

8.4 Consent under this clause will not be unreasonably withheld and is given in writing.

9.1 Stock is held in Benoni. Delivery in Gauteng is within three working days of payment. Elsewhere in South Africa it is within three to five working days by courier. These are targets, not guarantees, and are subject to matters outside our control.

9.2 Collection from us, or collection at an agreed club, may be arranged at no delivery cost.

9.3 Risk in the goods passes to you on delivery or collection. Ownership passes once payment has been received in full.

9.4 You must be able to receive delivery at the address given. A failed delivery caused by nobody being available may be recharged at cost.

10.1 Check your delivery against the invoice on arrival.

10.2 Report any shortage or transit damage within 48 hours of delivery, in writing to info@nomadxsport.com, with photographs where the goods or packaging are damaged.

10.3 We will replace or credit any shortage or transit damage reported within that period. After 48 hours we may not be able to pursue the carrier, and a claim may not be possible.

11.1 Faulty or damaged goods are replaced free of charge. Report a fault within 30 days of delivery for fast-track replacement.

11.2 Where the Consumer Protection Act applies to you, nothing in these terms affects your rights under section 55 (goods must be of good quality, in working order and free of defects) or section 56 (a six month right to return goods that fail, are unsafe or are defective, for repair, replacement or refund at your election). Clause 11.1 is offered in addition to those rights, not instead of them.

11.3 Unsold stock is not returnable. We do not accept returns for change of mind, over-ordering, or slow sales.

11.4 Goods returned must be in their original unopened packaging unless they are being returned as faulty.

12.1 A breach of clause 7 (packaging and branding) or clause 8 (channel) entitles us to suspend supply with immediate effect and to require the return, at your cost, of any affected stock.

12.2 This clause does not apply to the price at which you resell. Nothing in these terms permits us to suspend supply, or to withdraw any benefit, because of your resale pricing.

12.3 We will tell you in writing what the breach is and give you a reasonable opportunity to put it right, unless the breach cannot be put right.

Ranges, colours and finishes change. We do not guarantee that any particular colour or finish will remain available, and we are not liable for a shortfall caused by a supplier or an import delay outside our control. Where we cannot supply, we will tell you promptly and refund anything already paid for the goods we cannot deliver.

14.1 We are responsible for loss that is a foreseeable result of our breaking these terms.

14.2 We do not exclude or limit our liability where it would be unlawful to do so, including liability for death or personal injury caused by our negligence, for fraud, or under section 61 of the Consumer Protection Act for harm caused by unsafe or defective goods.

14.3 Subject to clause 14.2, we are not liable for loss of profit, loss of business or loss of anticipated savings arising from a delay in delivery.

We process your personal information in line with the Protection of Personal Information Act 4 of 2013 and our privacy notice at nomadxsport.com. We use the contact and delivery details you give us to fulfil and account for your orders, and to contact you about your account. We do not sell your information.

16.1 Raise any complaint with us first, in writing to info@nomadxsport.com. We aim to respond within five working days.

16.2 If we cannot resolve it, you may refer the matter to the National Consumer Commission or to an accredited consumer ombud, where the Consumer Protection Act applies to you. Nothing here prevents either of us going to court.

17.1 These terms are governed by the law of the Republic of South Africa.

17.2 If any clause is found to be unenforceable, the rest of these terms continue to apply.

17.3 A delay by us in enforcing a term is not a waiver of it.

17.4 These terms, the quotation or invoice for your order, and any signed Stockist Agreement, are the whole agreement between us on their subject matter.