OUR HISTORY

Founded in 1887 by Col. Claude Tremeer Snr, Tremeer & Cummings emerged as a pivotal supplier to mines, specializing in products like cotton waste and rags for oil spills and general cleaning.

The company, initially focused on importing these goods, underwent a transformation in 1933, becoming SA Cotton Waste Manufacturing and registering as one of Johannesburg’s pioneer “Pty. Ltd” Companies. The company expanded its product offering by starting manufacturing of mutton cloth and operates today as a leading mutton cloth/stockinette manufacturer in Southern Africa.

 In 1946, the renowned Haggie family (known for Haggie Rope), joined forces with Claude Tremeer Jnr and Norman Tremeer, leading to the establishment of Brockwell & Co, marking the company’s foray into the rope business. The companies evolved further, culminating in its acquisition by the Russellstone Group in 2022 and joined together trading as Brockwell SA Cotton.

Today, Brockwell SA Cotton carries forward a rich legacy of supplying essential products to various industries of Southern Africa.

OUR VISION

To continue our legacy of resilience and adaptability, we aspire to be a leading provider of cleaning solutions and specialty ropes, continuously adapting to market dynamics, innovating for the future, and setting new benchmarks for excellence with a focus on client satisfaction.

TERMS AND CONDITIONS OF SALE

1. These are the terms and conditions of sale which apply to all goods and services sold by the Supplier to the Customer. These terms and conditions shall take precedence over any terms and conditions which may be contained in the Customer’s order or other documentation and may only be altered with the express written agreement of the Supplier.

NOTICE TO CUSTOMER WITH REGARD TO LIMITATION OF LIABILITY OF SUPPLIER, ASSUMPTION OF LIABILITY BY CUSTOMER, INDEMNIFICATION BY THE CUSTOMER AND ACKNOWLEDGEMENT OF THE FACT BY THE SUPPLIER:

To the extent that the Customer is a natural person, or a juristic person as defined in the Consumer Protection Act 68 of 2008 (“CPA”) whose asset value and annual turnover is, at the time of the conclusion of this agreement, both less than the threshold determined by the Minister in Section 6 of the CPA (currently R 2 million) then the Customer’s attention is drawn to the following specific conditions of Brockwell SA Cotton’s Terms and Conditions of Trade as required by Section 49 of the CPA. CLAUSES: 7.5, 8.2, 10.1,10.2,11.1,12.1,13.7.

2. DEFINITIONS

2.1. “Customer”: means the Applicant as reflected in the credit application;

2.2. “Goods”: means the goods ordered by the Customer and includes products sold and services where services are also rendered;

2.3. “The order”: means the written and verbal orders received from the Customer to which these terms and conditions apply;

2.4. “Supplier”: means Brockwell and Company (Pty) Ltd, Registration number: 1946/021396/07 and VAT number: 4550101150;

2.5. “These terms and conditions”: mean these terms and conditions of sale, the contents of the Customer’s orders and any written acceptance of the Customer’s orders by the Supplier.

3. GENERAL

3.1. All goods supplied by the Supplier shall be supplied subject to these terms and conditions only. These terms and conditions shall take precedence over any terms and conditions which may be contained in the Customer’s order, or other Customer documentation, and may only be altered with the express prior written agreement of the Supplier.

3.2. Any conflicting statements or special terms contained in any acceptance order or other documentation issued by the Customer shall not be effective unless such conflicting statement or special terms have been expressly agreed to in writing by the Supplier.
The Customer undertakes to notify the Supplier forthwith in writing of any change of address or change in ownership of the Customer.

3.4. The decision whether or not to grant credit to the Applicant is in the sole discretion of Brockwell.

3.5. A Credit Agreement between the Applicant and Brockwell will not have been concluded until Brockwell has communicated its acceptance of this Credit Application to the Applicant, which acceptance (or rejection, as the case may be) shall be communicated in writing.

3.6. The credit limit granted to the Applicant will fall within the sole discretion of Brockwell and will be conditional to any specific securities required by the credit insurers.

3.7. The Applicant warrants that its annual turnover exceeds the thresholds presently set out in the National Credit Act 34 of 2005 and the Consumer Protection Act, 68 of 2008.

4. ORDERS

4.1. The Supplier will only accept written orders.

4.2. The Supplier will not be responsible for any misunderstandings or errors occasioned by the Customer’s failure to record the order in writing or to accurately record the order in writing.

4.3. Orders placed by the Customer shall constitute irrevocable offers to purchase the goods or render the services in question at the usual prices of the Supplier as on the date when the Customer places the order for the goods or services, subject to above clauses, and shall be capable of acceptance by the Supplier by the delivery of the goods or services, written acceptance or confirmation of the order.

4.4. Once a Customer’s order has been delivered or rendered to the Customer, a binding contract on the items, subject to the conditions contained herein, will have been entered into by and between the Supplier and the Customer, which contract shall not without the consent of the Supplier be capable of variation and/or cancellation. Should the cancellation involve the return of goods already delivered, the provisions of this clause shall apply mutatis mutandis. A certificate by a director of the Supplier shall, ipso facto, be proof of the amount and/or number of ancillary charges incurred in this regard and shall be sufficient to discharge the burden of proof for the purposes of pleading, and no further evidence relating thereto need to be adduced at any trial or application for judgement or at which a document is rendered as evidence.

5. PRICES

5.1. The prices payable by the Customer to the Supplier for the goods or services shall be the ruling prices communicated and where required by a Customer, a written quotation will be valid for a period of 5 (five) working days. All prices communicated and quoted are exclusive of Value Added Tax and delivery costs.

5.2. Should the Supplier agree to deliver the goods or services to the Customer, then, in addition to the purchase price payable for the goods, the Customer shall pay to the Supplier all costs of delivery of the goods to the address stipulated in the Customer’s order, including, without limiting the generality of the aforegoing, the cost of insurance, if applicable.

6. TERMS OF PAYMENT

6.1. Unless otherwise agreed in writing by the Supplier, the purchase price for the goods plus Vat together with the cost of delivery of the goods, if applicable, shall be paid by the Customer to the Supplier into a bank account to be nominated by the Supplier to the Customer in writing from time to time.

6.2. Payment of the purchase price for the goods or services shall be made within the credit terms as agreed between the parties in writing. Save as aforesaid, all payments will be made without set-off or deduction, and free of exchange. The terms of payment set out above, shall apply equally to price variation claims.

6.3. The Supplier will not make any exception to clause 6.1. in respect of invoices in dispute or under query. The balance of payment due should be settled as per these terms and once invoices under dispute have been resolved, the amount overpaid will be refunded or credited to the Customer’s account.

6.4. The Supplier shall be entitled to charge interest on all overdue amounts, calculated daily and compounded monthly, at the prime rate of interest as declared by the Reserve Bank from time to time, plus 2% (two per cent) per annum on the outstanding amount due and payable, in respect of any period during which payments are overdue from due date to date of payment.

7. DELIVERY

7.1. The goods will be delivered by the Supplier or an external carrier, by road or otherwise, as the Supplier may in its discretion decide. If the goods are delivered by road, then delivery shall be deemed to have been made when the goods are off-loaded at the Customer’s nominated premises, provided that when the carrier has been nominated by the Customer, delivery shall be deemed to have taken place at the time that the goods are handed to the Customer’s nominated carrier. All risk in and to the goods shall pass to the Customer upon delivery. The Customer shall be obliged to accept the delivery of the goods at the date specified or requested by the Customer in writing in the order of the Customer referred to in clause 4 and which has been accepted by the Supplier in terms of clause 4.

7.2. Should the Customer fail to accept delivery on such date, the risk of loss or damage to the goods together with all and any expenses pursuant thereto, including but not limited to insurance, storage and further delivery charges shall be borne by the Customer and paid to the Supplier by the Customer on request. When delivery of the goods is spread over a period, each separate delivery thereof shall be invoiced when dispatched. Each statement shall be treated as a separate account and payable in terms of clause 6. Where there is a shortage in any goods delivered to the Customer or where the goods so delivered are delivered in a damaged condition, the Customer shall give written notice to the Supplier of such shortage or damage within 2 (two) days of delivery to the Customer’s premises.

7.3. Should the Customer fail to give such notice, the Customer shall have no claim in respect of any alleged shortages or damages and the goods shall be deemed to have been delivered in a complete and undamaged state.

7.4. The Supplier shall endeavour to deliver the goods at the earliest possible time but in no instance can the Supplier accept liability for any loss or damage arising from the late delivery of the goods and time shall not be of the essence of the contract. No liability shall attach to the Supplier as a result of the failure to deliver if such failure is due to circumstances beyond the Supplier’s control.

7.5. It is recorded that delivery dates shall be regarded as indicative only and whereas the Supplier will do everything possible to keep to such dates, the Supplier cannot be held responsible as a result of any failure to do so.

7.6. The Customer’s signature on the TAX Invoice or Proof of delivery document upon receipt of goods verifies that products are received in good order and correct quantities were supplied and delivered.

8. RETURN OF GOODS

8.1. All goods are sold with warranties and guarantees of specifications from the manufacturing companies.

8.2. The Customer acknowledges that should goods be returned more than 30 days after date of invoice for credit or refund, the goods will be accepted subject to a 10% handling and administrative charge which shall immediately be debited to the Customer, the Customer shall also deliver the goods to be returned to the Supplier at its cost. All payments and return of goods to representatives or agents of the Supplier are entirely at the risk of the Customer. Goods should be returned directly to the Supplier’s primary place of business from where the goods were ordered in the exact same condition as when delivered, it will fall within the Supplier’s sole discretion whether or not to accept returned goods.

9. VARIATIONS

9.1. The Supplier shall not be obliged to accept or act upon any changes, modifications or additions to the original Customer’s instructions or if such changes, modifications or alterations were given subsequent to the Supplier’s acceptance of the Customer’s order. No variations of these terms and conditions or additions hereto shall be of any force or effect unless reduced to writing and signed by both the Supplier and the Customer.

10. LIABILITY

10.1. The Supplier shall not be liable to the Customer for any damages including, but not limited to, special, indirect, consequential loss and/or damages or loss of profits arising from the performance or non-performance, delict, breach of warranty, negligence or otherwise by the Supplier of its obligations in terms
of these terms and conditions. This exclusion of liability shall relate to claims for breach of contract as well as for alleged negligence on the part of the Supplier.

10.2. The Customer agrees that the Supplier shall not incur any liability under the Occupational Health & Safety Act No. 85 of 1993 (specifically Section 10 of that Act).

10.3. The Customer acknowledges that in the event of it being a proprietorship, partnership, a company or a close corporation and converting from a proprietorship, partnership, a company to close corporation or from a proprietorship, partnership or close corporation to a company at any time hereafter, as the case may be, any surety / signatory in terms of this application for credit shall nevertheless still remain bound as surety.

11. BENEFIT, RISK AND OWNERSHIP

11.1. Notwithstanding delivery of the goods to the Customer in terms of this purchase agreement, the Supplier shall retain ownership of the goods, ownership shall pass to the Customer only once the full purchase price has been paid.

11.2. The risk of damage to the goods shall lie with the Customer while the goods are in possession of the Customer, if the goods are damaged whilst in possession of the Customer, the Customer shall be liable to pay the replacement costs in the amount of the purchase price. The risk passes to the Customer upon collecting the goods from the Supplier or delivery of the goods to the Customer’s premises and the risk passes to the Supplier upon return or receipt of the goods at the Supplier’s premises.

12. BREACH

12.1. In the event of the Customer committing any breach of these terms and conditions including, but not limited to, the failure to make payment of the purchase price on the due date, the Supplier shall be entitled forthwith to claim repossession of the goods, for which purpose the Customer hereby irrevocably authorises the Supplier, through its duly authorised representative/s, to enter upon the premises where the goods are kept, to take repossession of the goods. The exercise of this right shall not preclude the Supplier from its right to claim damages from the Customer occasioned by its breach. The Supplier shall, in the alternative, be entitled to enforce the provisions of these terms and conditions and claim payment of the full amount due by the Customer, any instalments of the price falling due in the future to become due and payable immediately.

12.2. In such event the Supplier shall at its discretion, be entitled to charge interest on overdue amounts as provided in clause 6.4 above.

12.3. If the Customer breaches these terms and conditions and the Supplier elects not to cancel the agreement of sale, the Supplier shall be entitled to suspend performance of any of its obligations until the Customer has complied with its obligations. Any relaxation, leniency or indulgence which the Supplier may extend to the Customer shall not in any way constitute a waiver of the Supplier’s rights in terms hereof.

13. DISPUTES

13.1. In the event of the Supplier or its agents instructing attorneys to collect or institute legal action against the Customer for an amount due and owing to the Supplier, or in respect of any other breach of this agreement, the Customer agrees to pay all legal costs on the scale as between attorney and own client, including that of an attorney and counsel, incurred by the Supplier. The Customer will also be liable for any tracing, collection or valuation fees incurred as well as for any other reasonable costs incurred.

13.2. Should the Customer be domiciled outside the Republic of South Africa, this Agreement and all contracts of sale between the Customer and the Supplier shall be governed and interpreted in accordance with the laws of the Republic of South Africa and the South African Courts shall have sole jurisdiction in respect thereof.

13.3. If the Customer should fail to object to any item appearing on the creditors’ statement of account within 14 (fourteen) days of date of dispatch of the statements, the amounts shall be deemed to be in order and payable.

13.4. The Customer agrees that the amount due and payable to the Supplier may be determined and proven by a certificate issued by the Supplier or one of its agents and signed on its behalf by anyone purporting to be a duly authorised person, which authority need not be proven. Such a certificate shall be binding and shall be prima facie proof of the indebtedness of the Customer.

13.5. In the event of the Supplier or its agent instructing a Debt Collector to collect from the Customer an amount owing to the Supplier, the Customer agrees to pay collection commission in accordance with the terms of the Debt Collector’s Act (Act. 114 of 1998).

13.6. The Supplier shall, at any time, in its sole discretion, be entitled to cede all or any of its rights in terms of this application for credit facilities and deed of suretyship to any third party without prior notice to the Customer.

13.7. The Customer undertakes to notify the Supplier in writing within 7 (seven) days of any change in ownership of the Customer’s business, or should the Customer be a company, of its share transactions whereby the majority shareholding is affected, failing which notice the entire balance owing, whether due or not, will become due and payable immediately by the Customer. In addition to the aforegoing, the Customer acknowledges that the full outstanding amount, whether due or not, will immediately be deemed to be forthwith payable by the Customer to the Supplier.

14. HEADINGS

The headings to the clauses in these conditions are for reference purposes only and shall not affect their interpretation.

15. SUSPENSION OR CANCELLATION OF DELIVERY

15.1. The Supplier reserves the right to suspend, delay or cancel the delivery of some or all of the goods or to require advance payment for the goods or services if: The Customer is insolvent or is unable to pay its debts, or seeks to effect any compromise with any of its creditors or compound any of its debts; or the Customer is placed under an order of sequestration, business rescue or liquidation, whether such order be provisional or final; or the Customer is the subject of any resolution passed to enable it to be wound-up or dissolved; or any judgement is given against it in any court of law and, if appealable, is not appealed against within the period allowed for the lodging of such an appeal or, if not subject to an appeal, remains unsatisfied for a period of 10 (ten) days; or the Customer is in breach of any of its obligations to the Supplier.

15.2. Any suspension, delay or cancellation as a result of any of the aforegoing events shall not affect any other right which the Supplier may have against the Customer based on these terms and conditions of sale or otherwise.

16. INABILITY TO SUPPLY OR DELIVER

If the Supplier cannot supply or deliver or cannot deliver timeously, some or all of the goods for any reason beyond its control, including but not limited to lack of instruction from the Customer, stock shortage, industrial dispute or break-down, production delays, government action, state of war, riot, or civil disturbance, natural pandemics, disasters or acts of God, the Supplier may, in its discretion, cancel the whole or any part of the agreement of sale forthwith. In the event of such cancellation the Supplier shall not be liable for any loss whatsoever (including any consequential loss of profits, special damages, or any indirect loss) thereby caused.

17. GOVERNING LAW

17.1. These terms and conditions shall be governed by and interpreted in accordance with the laws of the Republic of South Africa.

17.2. The Customer consents to the jurisdiction of the Magistrates’ Court, notwithstanding that the claim amount may exceed the normal jurisdiction of the Magistrates’ Court.

17.3. The Customer nominates as its addresses for service of all notices or processes arising from this agreement as the address reflected on the face hereof under the heading “Registered office/Physical address”, for service upon the Customer of all notices and processes in connection with any claim for any sum due to the Supplier or any ceded claim. The Customer also agrees to accept service of summons or any court application by email which email address is stated hereinabove.

18. ACCEPTANCE OF ORDERS

Acceptance by the Supplier of the Customer’s orders shall only be binding if in writing and signed/issued by the Supplier. All Customer’s orders are to be accompanied by such instructions from the Customer as, in the sole discretion of the Supplier, are necessary to enable the Supplier to supply the goods and/or render the services set out in the Customer’s order. Should instructions not be timeously furnished, or be deficient in any respect, then the Supplier shall be entitled to increase the price set out in the Customer’s order by such amount as may be necessary to cover the increase in costs occasioned by the delay in furnishing of the instructions.

19. CONSENT

The Customer specifically consents that the Supplier may carry out a credit enquiry in respect of the Customer; may access a Credit Bureau’s data base before granting any credit to the Customer; may, where credit is granted, transmit details to a Credit Bureau of how the Customer has performed in meeting with its obligations under the account, and share such information with other Creditors or Credit Bureaus or Financiers or Credit Insurers for the purposes of assessing further applications for credit by the Customer (and its members, directors, or partners as the case may be) and for occasional debt tracing, debt collection and fraud prevention purposes; if credit is granted in favour of the Customer and the Customer fails to meet its financial commitments to the Supplier, the Supplier may record the Customer’s default with a Credit Bureau; may refer information relating to the Customer’s credit performance to a Credit Bureau for banking and credit assessment, statistical analysis, and credit scoring purposes and use such information to identify products ( including those supplied by third parties) which may be relevant to the Customer; may record the existence of a Customer’s account with the Supplier at a Credit Bureau(s).

20. BUSINESS RESCUE

The Customer warrants that, as at the signature date of this application, it is duly registered, in business, its annual returns are up to date and it is not in business rescue in terms of Chapter 6 of the Companies Act 2008 (“business rescue”) and has not made any application to be placed under business rescue or in liquidation. Furthermore, the Customer warrants that it does not have any intention of making application for business rescue and is not aware of any current or pending circumstances relating to the business that could give rise to an application for business rescue or liquidation. The Customer agrees that in the event that the Customer is placed under business rescue the conclusion of any compromise of the debt under such approved business rescue plan will not reduce the liability of any person or entity that has signed surety for the debts due by the Customer to the Supplier and such surety shall remain liable for the full amount of the debt that was due before such compromise, notwithstanding that it is acknowledged, agreed and understood by the Customer that the surety may be entitled to have recourse against the Customer for amounts paid by the surety to Brockwell pursuant to such suretyship.