AVI Limited disclaims all liability for any loss, damage or expense however caused, arising from the use of or reliance on the information provided on this website, and does not guarantee the completeness or accuracy of this information.

General statement
AVI Limited respects the privacy of our users.

Record of visits
AVI Limited tracks visits to, and usage of this site. No attempt is made to identify users, and the information collected is used to help us analyse the effectiveness of the site.

Collection of information
In the event that you enter information onto the site, for whatever reason, we undertake not to disclose this information to any other party. We may however use this information for direct marketing of our brands to you, and in this case, you will be given the option to opt out of further communication.

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We will record your email address or other personal details if you send us a message, register on the site, or enter a competition. It will be used for the purpose for which you have provided it, and from time to time we may email you with marketing news and promotional offers. In this case, you will always be given the option to opt out of further communication.

Information by mail
AVI Limited appreciates that you may not wish to submit information via email or the Internet. If you do not wish to submit personal information through our websites or via email, you can write to the postal address given below.

You and your privacy
If you have any questions regarding any matters related to your privacy, or if you believe there has been a breach of your privacy, please contact us on:

Mailing Address:
AVI Limited
PO Box 1897

[email protected]

011 502 1300

AVI Limited is the sole and absolute owner of the intellectual property rights (whether registered or unregistered) subsisting in all names, logos, brands or marks used on this website (including, without limitation, patents, trademarks, service marks, design rights, copyright and moral rights) and has the exclusive right of use thereof and the right to prohibit others (including you) from, inter alia, using, copying, and/or selling the names, logos, brands or marks. No right to use AVI’s intellectual property rights in the names, logos, brands or marks is agreed, granted or implied by use of such names, logos, brands or marks on this website.

  2. In this Agreement the following terms shall have the meanings set out below:
    1. AFSA” means the Arbitration Foundation of South Africa or its successor in title;
    2. Agreement” means all Purchase Orders and these Terms and Conditions and any documents incorporated by reference, as each may be amended from time to time;
    3. Applicable Law” means any statute, regulation, policy, by-law, directive, notice or subordinate legislation, the common law, any binding court order, judgment or decree, any applicable industry code, policy or standard enforceable by law or any applicable direction, policy or order that is given by a regulator;
    4. AVI Limited” means AVI Limited, registration number 1944/017201/06;
    5. Business Day” means any day other than a Saturday, Sunday or public holiday within the meaning of the Public Holidays Act, 1994, in the Republic of South Africa;
    6. Company” means the AVI Limited group company, details of which appear on the Purchase Order;
    7. Confidential Information” means the terms and conditions of this Agreement, business, business policies, business plans, pricing models and other business and commercial information, know-how, trade secrets, specifications, drawings, sketches, models, recipes, samples, data, diagrams and flow charts, potential customers, customer lists, sales and sales figures, technical information and related material and documentation and past, present and future research and development;
    8. Incoterm” means the International Commerce Terms 2010, as published by the International Chamber of Commerce;
    9. Intellectual Property Rights” means any and all rights in the nature of intellectual property rights anywhere in the world (whether registered or unregistered) owned, possessed or controlled by a Party, directly or indirectly, including, without limitation, patents, trademarks, service marks, design rights, copyright (including all copyright in any designs and computer software), source codes, moral rights, databases, trade or business names, whether capable of registration or not, but including any right to register same;
    10. Losses” means all direct losses, liabilities, costs, expenses, fines, penalties, damages, claims and all related costs and expenses (including legal fees on the scale as between attorney and own client, tracing and collection charges, costs of investigation, interest and penalties);
    11. Material Data Sheet” means the raw material specification sheet completed by the Company and signed by the Supplier, from time to time;
    12. Parties” means collectively the Supplier and the Company and the term “Party” refers to either one of them, as the context may require;
    13. Products” means the products to be supplied by the Supplier to Company, details of which are set out in the Purchase Order;
    14. Purchase Order” means a written purchase order, which has been duly authorised and issued by the Company to the Supplier in respect of an order for the manufacture and the supply of Products and/or the provision of the Services, which Purchase Order shall include, without limitation, the items set out in clause 3.2;
    15. Services” means the services to be provided by the Supplier to Company, details of which are set out in the Purchase Order;
    16. Specifications” means the specifications of the Products, as agreed to between the Parties, from time to time;
    17. Supplier” means the entity or person supplying the Products and/or providing the Services, details of which are set out in the Purchase Order; and
    18. Terms and Conditions” means the terms and conditions set out in this document.
    1. Unless otherwise stated references:
      1. to clauses, sub-clauses, schedules or paragraphs are to be construed as references to clauses, sub-clauses, schedules or paragraphs of this Agreement;
      2. persons shall include companies, corporations and partnerships, the singular shall include the plural and vice versa, any one gender shall include a reference to all other genders and days shall be deemed to be to calendar days, unless specifically stipulated as being Business Days.
    2. When any number of days is prescribed in this Agreement, same shall be reckoned exclusively of the first and inclusively of the last day, unless the last day falls on a day which is not a Business Day, in which case the last day shall be the next Business Day.
    1. Prior to commencing with the manufacture and/or supply of the Products and/or the provision of the Services, the Supplier shall raise any discrepancies in the Product and/or Service descriptions, pricing and/or quantities, with the Company.
    2. Any amendments, which are required to be made to a Purchase Order, shall be agreed to in writing by the Parties and once agreed, shall be recorded in an amended Purchase Order.
    3. The Company shall be entitled to cancel a Purchase Order at any time by providing the Supplier with written notice thereof, provided that the Company shall reimburse the Supplier for all proven costs reasonably incurred by the Supplier in fulfilling its obligations in terms of the cancelled Purchase Order up to the date of cancellation.
    4. The Supplier will not commence with the manufacture of the Products and/or the supply of the Products and/or the provision of the Services unless and until it is in possession of a numbered and duly authorised Purchase Order.
    5. Purchase Orders shall contain, inter alia, the price applicable to the Products and/or Services, quantity of Products, Specifications, Service requirements, delivery date and address and/or any other special terms and conditions applicable to the Purchase Order.
    1. Upon the issue of a Purchase Order for the supply of Products, the Supplier sells to the Company and the Company purchases from the Supplier, the quantity of Products listed in such Purchase Order for the prices set out in such Purchase Order.
    2. Time is of the essence in respect of the delivery of Products and accordingly, the Supplier shall:
      1. deliver the Products to the delivery address on the delivery date, details of which are set out in the Purchase Order;
      2. immediately notify the Company of any delivery delays and provide the Company with the new delivery time and date.
    3. Where applicable all Products will be delivered with a certificate of assurance and/or compliance, as the case may be.
    4. If applicable, the delivered Products will be weighed at the weighbridge situated at the delivery address (“Weighbridge“) and a weighbridge certificate will be issued. Upon the departure of the vehicle transporting the Products from the delivery address, the empty vehicle will be weighed at the Weighbridge and a weighbridge certificate will be issued. Notwithstanding the provisions of the Supplier’s delivery documents, the difference between the two weighbridge certificates shall be deemed to constitute the volume of Products delivered to the delivery address in respect of a specific Purchase Order and such amount shall be used to calculate the amount payable by the Company to the Supplier.
    5. The Company shall be entitled to inspect and test all delivered Products and in the event that such Products do not comply with the Specifications, the Company shall be entitled to reject and return such Products to the Supplier, at the Supplier’s cost and expense.
    6. The Parties agree that any acceptance of the Products by the Company will not exonerate the Supplier in the event of hidden defects nor preclude the Company from seeking compensation for damages suffered, as a result of the acceptance of such defective Products.
    7. All deliveries of Products will be accompanied by a delivery note and a copy of the tax invoice.
    1. Upon the issue of a Purchase Order for the provision of the Services, the Supplier agrees to provide the Services to the Company.
    2. The Supplier will provide the Services at the premises set out in the Purchase Order and on the dates and times agreed to between the Parties in writing.
    3. In providing the Services, the Supplier shall:
      1. render the Services with honesty and integrity and provide the highest possible standards of service and professionalism with a reasonable degree of care and diligence and will be responsible for providing all personnel required to provide the Services;
      2. comply with all Applicable Laws and the Company’s safety, health, security, fire and environmental policies and procedures when providing the Services at the Company’s sites.
      1. Provided that the Company is in receipt of a valid tax invoice and all supporting documentation (including without limitation and where applicable, certificates of assurance and/or compliance), the Company shall pay the Supplier the prices set out in each Purchase Order within 30 days from date of statement, unless otherwise agreed to by the Parties in writing.
      2. Prices set out in the Purchase Order shall remain fixed unless otherwise agreed to by the Parties in writing in an amended Purchase Order.
      3. Unless otherwise agreed to by the Parties, original tax invoices will be sent by the Supplier to the address set out on the Purchase Order and will not accompany the delivery of the Products.
      4. The Parties agree that payment of any amounts by the Company to the Supplier shall not constitute an acceptance by the Company of any defective Services, Product shortages, defective and/or damaged Products and/or waiver of the Company’s rights in respect thereof or a compromise or settlement by the Company in respect of any defective Products, unless expressly stated by the Company, in writing.
      1. Ownership of the Products shall pass from the Supplier to the Company upon delivery thereof to the delivery address. The Company shall remain liable to the Supplier for payment in respect of the Products delivered in terms of this Agreement.
      2. All risk in and to the Products will pass from the Supplier to the Company in accordance with the applicable Incoterm and where no Incoterm is applicable, risk shall pass from the Supplier to the Company upon delivery of the Products to the delivery address and acceptance thereof by the Company.
      1. In addition to any warranties contained elsewhere in this Agreement, the Supplier warrants to and in favour of Company that:
        1. the Products will comply with the Specifications;
        2. where applicable, the Products will be of a food grade suitable for human consumption and will comply at all times comply with the provisions of the Material Data Sheet;
  • it has all the necessary consents, authorisations, licenses and permits, which are required to manufacture and supply the Products and provide the Services;
  1. in providing the Products and Services it will comply with all Applicable Laws;
  2. the manufacture and supply of the Products and the provision of the Services will not infringe any Intellectual Property Rights of any third party;
  3. it will discharge its obligations in terms of this Agreement with due care, skill and diligence;
  • it will perform its obligations under this Agreement in an honest and ethical manner and will not, either directly or indirectly, make any statement or do or omit to do anything that would or could harm the reputation or good name of the Company;
  • it shall declare and disclose to the Company any of its interests and activities which, are or may potentially be in conflict with the Company’s interests or which would detract from the proper fulfilment of its obligations under this Agreement;
  1. neither it nor, its directors, officers, employees, contractors, sub-contractors and/or agents:
    1. has offered, given or authorised;
    2. shall offer, give, promise to give or authorise the giving of;
  2. any reward, incentive and/or anything of value including, without limitation, gifts or entertainment payments, in order to obtain, influence, induce or reward any advantage in connection with this Agreement or any other business transaction involving the Company, to any person employed by the Company or contracted to or by the Company;
  3. have any kind of relationship with the Company (whether direct or indirect) or any person employed by the Company;
  • it has full capacity and authority to enter into and to perform its obligations in terms of this Agreement and that this Agreement is executed by a duly authorised representative.
  1. In addition to any warranties contained elsewhere in this Agreement, the Company warrants to and in favour of the Supplier that it has full capacity and authority to enter into and to perform its obligations in terms of this Agreement and that this Agreement is executed by a duly authorised representative.
    1. Each Party (“Indemnifier“) hereby indemnifies the other Party, its directors, employees, officers, contractors and agents (“Indemnified Party“) against any and all Losses suffered or incurred by the Indemnified Party, as a result of any:
      1. negligent act or omission by the Indemnifier or its Personnel;
      2. breach of this Agreement by the Indemnifier or its Personnel;
    2. Save for any claims brought in terms of any Applicable Laws, neither Party will be liable for any indirect, punitive, special, incidental or consequential damage in connection with or arising out of this Agreement, regardless of how it arises, whether for breach of this Agreement or in delict and even if previously advised of the possibility of such damage.
    3. Nothing in this Agreement will in any way limit or exclude a Party’s liability:
      1. for damages occasioned by fraud or the wilful misconduct or gross negligence of such Party;
      2. to the extent that a Party is not permitted by Applicable Law to exclude or limit such Party’s liability.
      1. In the event that either Party (“Defaulting Party“):
        1. commits a breach of the terms of a Purchase Order and/or these Terms and Conditions:
          1. which is capable of being remedied and fails to remedy such breach within 5 days of having been called upon in writing by the other Party to do so; or
          2. which is not capable of being remedied; or
        2. effects or attempts to effect an arrangement, compromise or composition with its creditors generally;
  • is liquidated (whether provisionally or finally) or placed in business rescue;
  1. commits an act of insolvency, as contemplated in the Insolvency Act 24 of 1936, as amended;
  1. then the other Party may, in its discretion and without prejudice to its rights to claim damages from the Defaulting Party, on written notice to the Defaulting Party, terminate this Agreement and/or any issued Purchase Order, immediately (with or without claiming specific performance).
    1. Without limiting the Supplier’s obligations under this Agreement, the Supplier shall have in force, and maintain with a reputable insurance company, insurance cover reasonably acceptable to the Company, which shall include, without limitation and where applicable, product liability, general public liability, professional liability, contractors all risk and South African special risks insurance cover.
    2. The Supplier shall supply proof of such insurance cover to the Company on request.
    3. Nothing in this clause 11 shall in any way be construed as a limitation on the liability of the Supplier.
    1. The Parties undertake to mutually co-operate in settling any dispute and/or difference that may arise between them or their representatives in respect of any matter relating to this Agreement, its subject matter and/or its interpretation, whether during its subsistence or after its termination.
    2. Any dispute arising between the Parties in connection with this Agreement will in the first instance be referred for resolution to the respective Managing Directors of each Party who shall attempt to resolve the dispute within 10 Business Days of it having been referred to them for resolution. In the event that the Managing Directors are unable to resolve the dispute within the aforesaid 10 Business Day period, either Party shall be entitled to refer the matter in writing for resolution by arbitration in terms of this clause 12.
    3. Any dispute referred to arbitration in terms of this clause 12 will be held:
      1. in Sandton; and
      2. in accordance with the rules of AFSA or any successor or replacement body (if any);
    4. it being the intention that the arbitration will be held and concluded within 21 Business Days after it has been demanded.
    5. The decision of the arbitrator will be final and binding on the Parties and there will be no right of appeal and the arbitrator’s decision may be made an order of court at the instance of any Party to the arbitration.
    6. Nothing herein contained will prevent or prohibit either Party from applying to the appropriate court for interim or urgent relief.
  4. Each Party (“Receiving Party“) warrants that it will treat and hold as confidential the Confidential Information, which it may receive from the other Party (“Disclosing Party“) or which becomes known to the Receiving Party concerning the Disclosing Party and not disclose any Confidential Information to any third party without having obtained the Disclosing Party’s prior written consent.
    1. Neither Party shall be liable for any failure to fulfil its obligations under this Agreement if such failure is caused by strike, flood, fire, earthquake, war, tempest, hurricane, government restrictions, acts of God or any event beyond the reasonable control of a Party.
    2. Should either Party be unable to fulfil a material part of its obligations under this Agreement for a period in excess of 14 days due to any of the circumstances contemplated in clause 14.1, the other Party may, notwithstanding any provision to the contrary contained herein, cancel this Agreement forthwith by providing the other Party with written notice of such termination.
  6. NO LIEN
  7. The Supplier hereby waives any right to acquire a special or general lien or pledge over the Products and documents relating thereto in respect of any amounts due and owing to it by the Company.
  9. The Supplier may not sub-contract any of its obligations in terms of this Agreement unless the Company has provided its prior written consent to such sub-contracting.
    1. The Parties agree that the provisions contained in the Purchase Order and Material Data Sheet, as amended from time to time:
      1. hereby form part of this Agreement with the same force and effect as if the provisions set out therein had been set out in full in this Agreement;
      2. shall be binding on the Parties.
      1. The Parties choose their respective addresses as set out in the Purchase Order, as their chosen address for the purposes of the giving of any notice, the payment of any sum, the serving of any process and for any other purpose arising from this Agreement.
      2. The Parties record that whilst they may correspond via email during the currency of this Agreement for operational reasons, no formal notice required in terms of this Agreement, nor any amendment or variation to this Agreement may be given or concluded via email.
      1. Neither Party shall be entitled to transfer, cede, assign and/or delegate any rights and/or obligations, which it may have in terms of this Agreement to any third party, without the prior written consent of the other Party.
      2. The Agreement constitutes the sole record of the agreement between the Parties in relation to the subject matter thereof.
      3. No right of use of either of the Party’s Intellectual Property Rights by the other Party is agreed or implied by this Agreement.
      4. Neither Party will be bound by any express nor implied term, representation, warranty, promise or the like, not recorded herein.
      5. No addition to, variation or consensual cancellation of this Agreement (including the provisions of this clause) will be of any force or effect unless in writing and signed by or on behalf of the Parties.
      6. No indulgence which either of the Parties (“the Grantor“) may grant to any other or others of them (“the Grantee“) will constitute a waiver of any of the rights of the Grantor, who will not thereby be precluded from exercising any rights against the Grantee which might have arisen in the past or which might arise in the future.
      7. In the event that any one or more of the terms and conditions of this Agreement are held to be invalid, unlawful or unenforceable, such terms and conditions will be severable from the remaining terms and conditions, which will continue to be valid and enforceable.
      8. If there is any conflict between the provisions of:
        1. any Applicable Laws and this Agreement, the provisions of the Applicable Laws shall apply;
        2. this Agreement, a Purchase Order and/or a request for proposal and/or any standard terms and conditions of the Supplier (including, without limitation, any general conditions of sale and/or credit applications whether signed or unsigned), the provisions of this Agreement shall apply, unless otherwise agreed to between the Parties, in writing;
  • this Agreement and any written supplier agreement concluded between the Parties (“Supplier Agreement“) after a Purchase Order has been issued, the provisions of the Supplier Agreement shall apply.
  1. The Supplier hereby consents to the Company collecting, processing, storing and releasing its personal information and data for the purposes of undertaking credit checks on the Supplier in relation to the supply of the Products. .
  2. This Agreement shall be governed and construed in accordance with the laws of the Republic of South Africa and the Parties hereby consent and submit to the jurisdiction of the South African courts.