Terms and Conditions
The parties hereby confirm that they agree to transact subject to the following terms and conditions:
- The customer acknowledges that despite delivery/ installation, ownership in the goods shall not pass until the goods are paid for in full.
- Notwithstanding the aforegoing, risk in the goods shall pass to the customer upon receipt of delivery/ completion of installation / repair.
- The customer shall pay for goods supplied / services rendered on the following basis:
50 % upon acceptance of quotation
Balance upon delivery / completion of installation / repair.
- Should any amount not be paid by the customer on due date then the whole amount in respect of all purchases by the customer shall become due, owing and payable, irrespective of when the goods were purchased and the customer shall be liable to pay interest on any outstanding at the maximum rate permissible in accordance with the Prescribed Rate of Interest Act.
- In respect of pre-authorisation of repairs:
Where estimates are provided for repair work, additional work may become necessary once repairs commence, any additional repairs at additional costs will not be undertaken without the customers prior consent, we will not be held liable for latent defects on items not manufactured by us.
- The company shall have the right to suspend deliveries or services in the event that any amount due by the customer remains unpaid.
- In respect of delivery / courier services:
In the event that we attend to or arrange for delivery of the goods, then the goods shall remain at our risk until such time as delivery has been effected. Signature on the delivery note or third party weigh bill shall be deemed to evidence effective delivery of the goods in good order. In the event that the customer arranges its own courier services to collect goods, the courier shall be deemed to be an authorised agent of the customer and delivery shall be deemed effective upon collection of the goods by the courier, risk in the goods shall pass to the customer upon collection.
- In respect of accessibility of premises for delivery:
Deliveries / installations are undertaken subject to guarantee of access by the customer. We will not be responsible for removal of doors or security gates or dismantling of furniture. The customer guarantees access. If goods cannot be delivered due to access problems, the goods will be either be left at the customers home or returned to us. In the event that goods are returned to us, a repeat delivery fee will be charged.
Obstacle free access ie:
We will not be held responsible for damage due to access restrictions where same has been highlighted to the customer and the customer insists on delivery.
It is the customer’s responsibility to ensure that goods fit through accessible stairs, doorways or passages.
Further access considerations:
- Dogs, servants, alarm systems, security notification (where applicable)
- Complex rules regarding delivery times and vehicle restrictions
- Space to be cleared of all furniture, ornaments and items that can be damaged by placing furniture.
- The Company is open to receiving legitimate queries in regard to any defects in any products supplied / services rendered within the period prescribed in terms of the Consumer Protection Act. Any queries must be accompanied with the original invoice and delivery note. Further the Company shall not be held liable for any damages, harm, loss or consequential damage whatsoever arising out of misuse or abuse by the customer, wear and tear and failure by the customer to follow usage and / or storage instructions or failure to have goods installed by a qualified installer The Company will only consider claims for short delivery within 7 days of date of delivery and where such claim is submitted in writing and accompanied by the original invoice and delivery note.
- In the event that goods purchased are subject to a manufacturer warranty and on the event that goods become defective within the period of the manufacturer’s warranty then the manufacturers terms and conditions of warranty shall be applicable and the company shall reserve the right to refer the goods to the manufacturer or authorized agent for technical assessment whereby the manufacturer shall determine whether goods have become defective due to a manufacturer defect or whether thy have become defective due to misuse or abuse by the customer or whether due to failure to follow installation, operational, service or maintenance instructions. In the event that goods show a manufacturer defect the manufacturer shall determine whether to replace or repair goods.
- In respect of the guarantee and high usage wear and tear:
Any warranty whether express or implied will be subject to wear and tear. Claims for items utilised in “high / frequent -usage” areas such as restaurants / hotels, will be considered on their own merit after inspection and at our discretion.
- Should the customer fail to make payment timeously or withhold payment or any portion thereof for any reason whatsoever the company shall be entitled to withdraw or reverse any agreed discount or rebate & claim immediate payment of all amounts owing.
- If in the exercise of its discretion, the company agrees to accept the return of any non-defective, correctly supplied goods for credit, then the customer shall be liable to pay the company’s handling charge of 10% (ten percent) on the invoiced price of the goods returned.
- The company acknowledges that in accordance with Section 17 of the Consumer Protection Act, the customer shall retain the right to cancel a booking or order prior to delivery or installation, and that the company shall retain the right to levy a reasonable cancellation charge. Should goods ordered be deemed to be “special order goods” and in the event of cancellation, the company shall retain the right to hold the customer accountable for the full transaction price.
- It is the customer’s responsibility to give clear and unequivocal instructions and specifications and the company shall not be held liable for any claim or damages where the customer has failed to give clear instructions or furnishes incorrect specifications.
- These terms and conditions and all modifications and amendments hereof shall be governed by and decided upon and construed under and in accordance with the Laws of the Republic of South Africa.
- The customer shall pay all legal costs on the scale as between attorney and client including tracing fees and collection charges which the company may incur in taking any steps pursuant to a breach of any of the terms of this agreement by the customer.
- A certificate issued an signed by any director or manager of the company, whose authority need not be proved, in respect of any indebtedness of the customer to the company or in respect of any fact including but not limited to the generality of the aforegoing, the fact that such goods were sold and delivered, shall be evidence of the customer’s indebtedness to the company unless proven otherwise.
- The customer’s physical address as given on the quotation / tax invoice shall be recognized as the customer’s elected delivery address for the purposes, in terms of this agreement whether in respect of service of court process in terms of the agreement, notice, the payment of amount or any communications of any nature.
- In the event of the customer being a juristic person, the director or member as the case may be, contracting on behalf of the company warrants their authority to do so and by affixing their signature thereto agrees to be bound as surety and co-debtor of the customer and accepts liability for the customer’s obligations in terms of this agreement.
- This constitutes the full agreement between the customer and the company and no variations thereto shall be valid unless reduced to writing and signed by both the customer and the company.
Signature of customer (or duly authorised representative warranting their authority on behalf of _______________)
Signature of Company (or duly authorised representative warranting their authority on behalf of the company)