TERMS AND CONDITIONS OF SALE AND INSTALLATION
These terms and conditions constitute the entire contract between THE VENDOR and may be varied only in writing and signed by the PURCHASER and a duly authorised Director of THE VENDOR.
2.1.1 The goods are sold by THE VENDOR to the PURCHASER at the price quoted in THE VENDOR’s quotation (the “CONTRACT PRICE”).
2.2 The CONTRACT PRICE shall remain firm for acceptance for a period of 30 days where after THE VENDOR reserves the right to increase same:
3.1 Unless otherwise agreed in writing, payment of the CONTRACT PRICE is either upfront in full, or an amount specified as deposit with the balance on delivery of the goods.
3 2 The PURCHASER shall not be entitled to withhold payment of any monies due to THE VENDOR, in terms of this contract, in the event of a dispute arising between the parties.
4.1 Time shall not be the essence of the contract. The PURCHASER acknowledges that the time of the delivery is dependent on the availability of goods/materials. Any delivery/installation date stipulated is approximate only. THE VENDOR shall not be bound by that date but will make reasonable efforts to deliver/install the goods by that date. If no delivery/ installation date is stipulated then THE VENDOR will deliver/install the goods as soon as it can conveniently do so:
4.2 Any electrical power required for the installation of the goods shall be provided by the PURCHASER to THE VENDOR on request thereof and free of charge,
THE VENDOR shall in no way be liable in the event that the electrical power installation; relating to the goods. does not conform with Municipal Regulations:
If, whilst installing the goods. THE VENDOR in its sole and absolute discretion considers that the structure in question or any portion thereof is not suitable for such installation whether by reason if inferior timber, plaster or brickwork or for any reason whatsoever, THE VENDOR may call upon the PURCHASER to remedy the position at the latter’s sole cost and expense.
4.5 Further to 4.4 Although taking due care during the inspection & installation THE VENDOR takes no
responsibility for the strength & long term durability of the structure where the installation takes place. The PURCHASER is responsible for insurance coverage in this regard.
5 RISK AND OWNERSHIP
5.1 All risk of loss, deterioration and destruction of the goods shall pass to the PURCHASER on delivery thereof:
5.2 Ownership of the goods shall remain vested in THE VENDOR and shall notwithstanding the fact that the goods have been permanently affixed to any building or structures, only pass to the PURCHASER on full payment of the contract price; Should the PURCHASER fail and/or refuse to take delivery of the goods when delivery thereof has been tendered by THE VENDOR, then:
5.3.1 the risk in the said goods shall immediately pass to the PURCHASER and
5.3 2 the PURCHASER shall be liable for the reasonable storage costs of such goods;
5.4 THE VENDOR shall not be liable to the PURCHASER for any damages which may be caused at any premises by reason of the removal and/or repossession of the goods by THE VENDOR as aforesaid.
6.1 THE VENDOR guarantees that all goods supplied by it, if ordered by description and/or specification, shall correspond that description and/or specification.
6.2 THE VENDOR shall. subject to these terms and conditions. and for a period of 12 months calculated from the date of completion, rectify any defects in the installation where such defect is due to faulty workmanship on its part or defective materials, on receipt of written notice to this effect. Such rectification to be carried out during normal working hours: The Polyester coated materials used for the back, roof, side panels and door of the BatBox'” carries a 10 year guarantee against rust. All exposed galvanised parts, screws and bolts, including the floor pan and chassis may show surface rust during this period, however this will not negatively impact on the operation or the strength of the unit. The Gaslifts used for opening the BatBox'” carries a 12 month guarantee.
6.3 The guarantees referred to in 6.1 and 6.2 above shall be of no force and effect in the event that:
6.3.1 The PURCHASER has failed to make timeous payment for the goods supplied and services rendered; or
6.3.2 The installation or the goods themselves have been worked on or in any way tampered with or damaged in any way by any person or persons other than THE VENDOR or its duly authorised agents; The following items are expressly excluded from the guarantees referred to 6.1 and 6.2 above: Labels and printed graphics, Lanyards.
No representations or warranties made by THE VENDOR, its agents or employees to the PURCHASER shall be binding on THE VENDOR unless reduced to writing and signed by the PURCHASER and a duly authorised Director of THE VENDOR.
7.1 Neither THE VENDOR nor any of its officers, employees, agents or distributors shall be liable for any loss or
damage, whether direct, indirect consequential or otherwise suffered by the PURCHASER, his family and invitees arising from any cause in connection with the delivery and installation of the goods (including without limitation, any act, omission neglect or default on the part of THE VENDOR’s employees) whether such loss or damage results from breach of contract, delict, negligence or any other cause without limitation;
7.2 THE VENDOR shall take every care during the carrying out of the installation but shall not be liable for incidental redecoration consequential upon the execution of the work.
8.1 Should the PURCHASER breach any of these terms and conditions THE VENDOR shall, at its election and without prejudice to any other rights which it may have in law, have the right to:
8.1.1 cancel the contract forthwith, without notice to the PURCHASER remove and repossess the goods and recover all damages which THE VENDOR may have suffered consequent upon such cancellation; or
8.1 2 abide by the contract and recover from the PURCHASER payment of the balance of the CONTRACT PRICE then outstanding which shall immediately become due and payable.
9 JURISDICTION OF THE MAGISTRATE’S COURT
THE VENDOR may at its option and not withstanding that the amount of its claim exceeds the jurisdiction of the Magistrate’s Court, be entitled to institute action out of such a Court. Nothing herein contained shall invalidate THE VENDOR’s rights to proceed in any other Court of competent jurisdiction.
The PURCHASER shall pay all the legal costs incurred by THE VENDOR on an attorney and own client basis including collection commission and tracing agents fees, should THE VENDOR take any
legal action against the PURCHASER for the enforcement of any of its rights.
12.1 These Terms and Conditions will be accompanied by every purchase of a BatBox Storage Unit, and may be altered without prior notification.
12.2 Notwithstanding that the terms and conditions contained in the PURCHASER’s order may differ from the term and conditions herein contained shall be the terms and conditions of the contract between the parties;
12.3 If any of the terms and conditions herein contained shall be valid, the same shall not invalidate the remainder of the contract;
12.4 THE VENDOR in its sole and absolute discretion may appropriate any payment made by the PURCHASER to any indebtedness as may be owned by the PURCHASER to THE VENDOR:
12.5 No concession, latitude or indulgence allowed by THE VENDOR to the PURCHASER shall be construed as a waiver or abandonment of any of its rights hereunder or act as any estoppel against THE VENDOR.
