Useful Info: Standard Terms and Conditions of Sale

Download our terms & conditions PDF - click here.

  1. Client’s order is subject to 50% deposit payable on date of order and the full balance payable on delivery. If the client has been quoted for installation, a 50% deposit shall be payable on date of order, a further 40% on date of delivery of the goods as per clause 3 below and the final 10% on installation. Orders will be placed on hold until the required deposit/s have/has been paid. All deposit payments to be effected by means of cash, EFT, and or cheque.It is agreed that no delivery and or installation can only be effected at such time as the clients payment has been cleared as available in the companies bank account as reflected on the invoice on the counter side of this document .All prices quoted include VAT.
  2. All prices quoted do not necessarily include installation cost which installation costs (if applicable) will be quoted for separately on the order form. All prices quoted do not include delivery of goods / units ordered unless specifically indicated on the order form. If a price is quoted for delivery the company shall only be obliged to effect delivery of the specific goods / units specified on the order form and only if the deposit has been paid in accordance with the paragraph 1 above.
  3. If a price is quoted for delivery, the goods / units ordered will be delivered by the company to the ground floor of the premises stipulated on the order form, which delivery shall be deemed to constitute proper delivery to the purchaser, unless the client has disclosed to the company in writing, on date of order, that goods / units ordered stands to be delivered to a flat / residence / high rise building where delivery may be complicated, in which case the company reserves the right to increase the normal price quoted for delivery. The goods / units ordered shall be delivered to the specific address stipulated on the order form unless the client has disclosed to the company in writing a new delivery address at least (7) seven days before delivery.
  4. If the client has been quoted for installation the client shall sign on request a layout plan which plan will detail the exact design and measurements of the proposed installation. The order cannot be processed until such time as the said measurements have been finalized and the layout plan has been signed off by the client. It is agreed by the parties that, in the event that the design and or measurements should change for whatever reason after the said layout plan has been signed off, the client will be liable for the payment of agreed additional wasted costs equal to 50% of the total amount of the order which amount will be added to the new quote.
  5. The client will be notified of the date of installation. The client will ensure that the premises are clean and accessible on the said date for purposes of the said installation being effected.
  6. Should the client cancel his/her/its order within any of the time periods mentioned hereinafter, the company shall be entitled to retain and/or the client shall be liable to pay to the company, as the case may be, as pre- estimated liquidated damages of the following amounts:
    • 6.1 cancellation within 48 hours after date of order = 25% of total purchase price;
    • 6.2 cancellation after 48 hours, but within 7 (seven) days of date of order = 50% of total purchase price;
    • 6.3 cancellation after 7 (seven) days of date of order = 100% of total purchase price;
    • 6.4 Orders are accepted by the company is subject to the availability of stock. The company reserves the right to deliver the goods and/or services in more than one installment. The company reserves the right at all times to withhold further supplies of goods and /or services in the event of any breach of any of these terms and conditions for any other reason which the company warrants such actions. It is specifically recorded that time will not be of the essence in respect of any delivery. Any change in respect of goods/units already ordered, shall only be entertained within 24 hours after the order date and then only after the client has advised the company in writing of the changes required. Any change/s after 24 hours will be treated as a cancellation of the order.
  7. The company reserves the right to, prior to written acceptance and written communication of such acceptance to the client of the clients’ quotation/order/s, to rectify, amend or correct any error, fault or omission in respect of pricing, specifications or money totals.
  8. All lay-by’s accepted by the company shall be for a maximum period of 3 (three) months from the date of the written order. The company shall be entitled to adjust the quote/order price pro-rata should the price/s of any stock or raw material be increased or adjusted during the period of lay-by.
  9. The purchase price of the goods and/or services shall be paid by the client to the company without any deduction or set off as stipulated in paragraph 1 above. If more than one delivery is made, then each delivery will be paid for separately. Where payment is not available on delivery the goods will be returned to the company and the client will be liable for additional delivery charges and only accommodated on a new delivery date at the company’s convenience.
  10. All transactions are concluded on a “cash on delivery” basis only and no credit is extended to the client. However, the company shall be entitled to charge interest on all overdue amounts at the maximum rate permissible from time to time for money lending transactions in terms of the Usury Act or equivalent legislation, as amended from time to time. Such interest shall be calculated and payable monthly in advance on the first day of each and every successive month on the balance outstanding from time to time by the client to the company and shall be added to the amount due to the company by the client in respect of the purchase price of the goods and/or services. An account will be deemed to be overdue on the expiry of the period mentioned in paragraph 1 above.
  11. The client agrees that in the event of any portion of an invoice’s indebtedness being disputed, then the client shall nevertheless forthwith pay the undisputed amount of such indebtedness according to the agreed terms of payment.
  12. Upon delivery of goods and/or services ordered by or on behalf of the client, the client shall, by signature of any party (whether or not the latter is an employee of the client) on the delivery documents (invoice or delivery note), be deemed to have received all of the goods specified therein in good order and condition and the client shall bear the onus of proving the contrary in the event of any subsequent dispute in regard thereto. The aforesaid signature of any party purporting to accept delivery of goods and/or services for and on behalf of the client shall be prima facie proof of the signature of a duly authorized agent of the client. The risk in the goods and/or services shall pass to the client on delivery of such goods and/or services at the premises of the client.
  1. The company shall not be liable under any circumstances for any complaint or claim for any alleged shortage in delivery or defect in the goods and/or services unless written notice is received by the company within 48 (forty eight) hours after delivery of the goods and/or services to the client to that effect.
  2. The company shall in its sole and absolute discretion be entitled to award sales adjustments, “cash payment”- discounts or any other incentive to the client from time to time, but no such adjustments, discounts or incentives shall be presumed at any stage or by reason of any course of dealings be deemed to be a term and condition of trade of the company and the company shall not be bound thereto in any way whatsoever. If any discount is agreed to in writing, it shall only be allowed if payment is received by the company strictly by the due date and shall only apply to the actual price of the goods/or services themselves and not to any Value Added Tax, transport costs, insurance, storage charges and other duties or taxes. Once any amount due to the company by the client becomes overdue, any adjustment, discount or incentive granted shall be deemed not to have been granted and the amount on which the adjustment, discount or incentive was granted shall be the amount immediately due and payable.
  3. The company’s liability to the client for any damages sustained by the client from any cause whatsoever including any damages arising out of the company’s negligence or that of its servants, agents or sub- contractors shall be in any event and under all circumstances be limited to the replacement at the company’s premises of the goods and/or services which at the date of delivery thereof are subject to a patent defect arising from defective materials. Except as provided for above, the company shall in no circumstances whatsoever, be liable for any loss of profit or any damages direct or indirect, consequently or otherwise sustained by the client whether or not caused by the negligence of the company, its agents, sub contractors and/or employees. Insofar as any of the company’s obligations under this agreement are carried out by any of its servants, agents, sub-contractors, associates or subsidiaries, the provisions set out above are stipulated for their benefit as well as that of the company and each of them shall be exempted accordingly.
  4. The client shall not have any claim of any nature whatsoever against the company for any failure by the company to carry out any of its obligation under this agreement with the client as a result of any causes whatsoever beyond the company’s absolute and direct control, including but without limit to any strike, lock- out, storage of labor or material, delays in transport, actions of any kind, any default or delay by any sub- contractor or supplier of the company, riot, political or civil disturbance, the elements, any act of any State or Government, any delay in securing any permit, consent or approval required by the company for the 4 supply of any goods and/or service under this agreement or any other authority of any other cause whatsoever beyond the company’s absolute and direct control.
  1. All the goods and/or services are sold and/or delivered “voetstoots” subject to the provisions of the Consumer Protection Act 68 of 2008 where applicable.
  2. The company shall not, subject to the provisions of the Consumer Protection Act 68 of 2008 (if applicable) ,be obliged to accept the return of any of the goods and/or services for credit if such goods were correctly supplied by the company and are not faulty or subject to any claim.
  3. Ownership of any goods sold by the company to the client, despite delivery thereof to the client or its agent/s, shall continue to vest in the company and shall pass to the client only upon payment in full by the client of all amounts due and payable to the company, in terms of this agreement. The client shall at all times keep the goods and/or services, until paid for in full adequately insured against all forms of risk, loss and damage. Pending payment to the company for the goods and/or services purchased in terms of this agreement, all benefits in terms of such insurance policy relating to the insurance of such goods and/or services are hereby ceded to the company on an outright basis.
  4. A certificate under the hand of the company’s auditors or financial or credit manager (whose appointment as such it shall not be necessary to prove) shall constitute prima facie proof of any amount payable by the client to the company in terms hereof and fact that the same is due and payable for all purposes, including (but not limited to) provisional sentences and summary judgment. Any such person giving a certificate shall, if necessary, in turn be entitled to rely on a certificate by the manager of Nedcor Bank Limited in regard to the prime overdraft rate of interest, which certificate shall constitute conclusive proof thereof.
  5. The company shall be entitled, but not obliged, to institute any action against the client hereunder in any Magistrate’s Court having jurisdiction over the client in terms of section 28 of the Magistrate’s Court Act, 1944, and for this purpose the client consents in terms of section 45 of Act to the jurisdiction of such Magistrate’s Court, notwithstanding that the claim of the company exceeds the jurisdiction of such court.
  6. In the event of any action being instituted by the company against the client in terms of this agreement the client agrees to pay all legal costs incurred by the company including all ancillary charges or expenses relating thereto, on a scale as between attorney and own client, and collection charges, tracing fees and travelling costs by air or any other mode of travel, as well as subsistence costs (including any accommodation costs) incurred by any representative or witness of the company, whether incurred prior to or during the institution of legal proceedings, including any appeals, or if judgment has been granted, in connection with the satisfaction or enforcement.
  1. The client chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notices or other documents or communications of whatsoever nature (including the exercise of any option) the physical address which appear on the company’s order form.
  2. In event of default of payment by the client, the company shall have the right, without prejudice to any other or alternative rights which it may have in law, to cancel the sale in respect of which the client has defaulted, and to forthwith recover possession of such goods, without prejudice to any other rights which the company may have in law.
  1. In event of the client being a limited liability company, trust or close corporation, the signatory/ies to this document warrant that such company, trust or close corporation has been duly incorporated and that its full and correct name and registration number appears on all the relevant pages.
  2. In the event of the client being a limited liability company, trust, partnership or close corporation, the signatory/ies to this document and the applicant undertakes in favor of the company that in the event of there being any change in the directorship, shareholding, membership, trusteeship or partnership of the applicant, then:
    • 26.1 The company shall immediately be informed of such change in writing;
    • 26.2 Any and all new directors, shareholders, trustees, partners or members shall sign a surety ship in the form required by the company binding himself/themselves as surety/ies for the client in respect of all debts which may at that time or in the future be owing by the client, without in any way affecting the obligations of existing sureties.
  3. Should the client -
    • 27.1  Default in the punctual payment of any amount due in terms hereof; or
    • 27.2  Fail to observe and/or perform any of the terms or conditions and/or its obligations set out in this agreement (all of which are deemed to be material); or
    • 27.3  Commit any act of insolvency; or allow ant situation to arise which is referred to in Section 345 of Act 61 o 1973; or
    • 27.4 Assign, surrender or attempt to assign surrender his/its estate, or suffer any default judgment against him/her/it which remains unsatisfied for more that 7 (seven) days or be sequestrated, placed under judicial management, liquidated or otherwise wound-up, whether provisionally or finally, or compromise with any of his/her/its creditors or endeavor or attempt to do so; or 27.5 Have made any materially incorrect or untrue statement or representation on or relating to the information contained herein, including but not limited to the clients’ financial affairs or particulars relevant thereto, or 6 do or force to be done anything which might prejudice the company’s rights hereunder or which may have influenced the company in granting credit to the client, then, in any one of the aforesaid events, the company shall have the right, without prejudice to any other rights which may thereupon be available to it, to claim immediate payment of any and all amounts (together with any interest which may be accrued thereon) which shall immediately become due and payable in terms thereof; or, to claim immediate specific performance; or, to cancel this agreement and retain all payments by the client hereunder as pre-estimated liquidated damages, or alternatively, should the company so elect, to claim and recover the damages suffered, with the right to retain all the aforesaid payments and to apply them towards the satisfaction of the damages when they are determined.
  4. The company shall be entitled to set off against any payment due or arise or which may become due and owing by the company to the client from whatsoever cause all and any indebtedness from whatsoever cause and howsoever arising which is or may become due or owing by the client to the company.
  5. All payments received by the company from the client shall be appropriated firstly towards interest and legal or other costs and thereafter to capital.
  6. It is agreed that each clause hereof is severable, the one from the other, and if any one clause is found to be defective or unenforceable for any reason by any competent Court, then the remaining clauses shall be and shall continue to be of full force and effect.
  7. All stamps duties and legal costs payable in respect of this agreement or any guarantee or securities given in respect hereof, shall be for the client’s account.
  8. If the client requires the company or any of its agents to effect deliveries upon any private property, whether of the client or any other property; the client shall assume full responsibility and waives any claims for damages and indemnifies the company in respect of any claims for any damages caused in effecting any such deliveries.
  9. This application constitutes the whole agreement between the parties relating to the subject matter hereof.
  10. No amendment or consensual cancellation of this agreement or any provision or term hereof or of any agreement, bill of exchange or other document issued or executed pursuant to or in terms of this agreement and no settlement of any disputes arising under this agreement and no extension of time, waiver or relaxation or suspension of or agreement not to enforce or to suspend or postpone the enforcement of any of the provisions or terms of this agreement or of any agreement, bill of exchange or other document issued pursuant to or in terms of this agreement shall be binding unless recorded in a written document signed by the parties. Any such extension, waiver or relaxation or suspension which is so given or made shall be strictly construed as relating strictly to the matter in respect whereof it was made or given.
  11. No extension of time or waiver or relaxation of any of the provisions or terms of this agreement or any agreement, bill of exchange or other document issued or executed pursuant to or in terms of this agreement, shall operate as an estoppels against any party in respect of its rights of this agreement, nor shall it operate so as to preclude such party thereafter from exercising its rights strictly in accordance with this agreement.
  12. No party shall be bound by any express or implied term, representation, warranty, promise or the like not recorded herein, whether it induced the contract and/or whether it was negligent or not to the extent permissible by law.
  13. The company may at any time cede the whole or any part of its claims against the client hereunder to any third party, together with the benefit of any real security held by the company in respect of its claim.
  14. All payments made in terms of this agreement shall be made free of exchange and bank commission and without set-off at Pretoria or such other address as the company may from time to time notify to the client in writing.
  15. All benefits from the legal exceptions non numeratae pecuniae. Non causa debiti, error calculi, revision of accounts. No value received and all other legal benefits and exceptions are renounced by the client. The client acknowledges that it is fully acquainted with the meaning and effect thereof.
    • 39.1  The client hereby irrevocably and in rem suam cedes, pledges, assigns, transfers and makes over unto and in favor of the company all his rights, title, interest, claim and demand in and to all claims of whatsoever nature and description and however arising which the client may now, or at any time hereafter have against all and any person, company, corporation, firm, partnership, association, syndicate, trust, close corporation and any other legal personae whomsoever without exception as continuing covering security for the due payment of every sum of money which may now or at any time hereafter be or become owing by the client to the company from whatsoever cause arising and for the due performance of every other obligation howsoever arising which the client may be or become bound to perform in favor of the company in terms of this agreement.
    • 39.2  The client hereby undertakes that if and whenever the company will so require, the client will not later than the 7th (seventh) day of every month deliver to the company a schedule supplied by a director/ member/ trustee/ partner of all amounts which will have been owing to the client by its debtors on the last day of the preceding month reflecting thereon the amounts so owing by each debtor and the last known address of such debtor.
    • 39.3  Whether or not the client’s debtors will have been notified of the cession of all sums of money which the client will collect from its debtors or any of them shall be collected and received by the client as agents on the company’s behalf provided that the company shall be entitled at any time to terminate the client’s mandate to collect all or any such sums of money and that will effect from termination of such mandate, the client will cease to collect or receive any payment on account of the debts in respect of which the client’s mandate has been terminated.
    • 39.4  The client agrees that the company shall be entitled at any times hereafter to give notice of the cession to all or any of the client’s debtors and to take such steps as the company may deem fit to recover the amounts respectively owing by the clients’ debtors to the client from time to time and for the time being provided that the company shall be obliged to refund any amounts to the client which is in excess of the amount of which the client will at that stage be indebted to the company.
    • 39.5  The client warrants that the company will at all times while the cession will remain in force, be entitled through its duly authorized representatives to inspect all or any of the clients’ records relating to any of the debts covered by this cession.
    • 39.6  Should it transpire that the client entered into prior deeds of cession or otherwise disposed of any of the right, title and interest in and to any of the debts which will from time to time be subject to this cession, then this cession shall operate as a cession of all the clients’ reversionary rights in such cession.