Terms & Conditions
All quotations issued by AC Screens & Shutters (Pty) Ltd are issued subject to Terms & Conditions.
The acceptance of the quotation by the Client constitutes agreement by the Client to these terms of contract. Any variation to these terms or any item in the quotation must be done in writing and receipt thereof acknowledged in writing by AC Screens & Shutters (Pty) Ltd.
Terms of contract
- This contract shall come into existence immediately upon acceptance set overleaf or by telephone or telefax. It contains the entire agreement between the parties and neither shall be bound by any prices and commitments given on the phone or by any representations whatsoever, or promises by a sales agent, if not recorded therein or confirmed in writing.
- AC Screens & Shutters (Pty) Ltd (hereafter referred to as the "Seller" guarantees its workmanship and quality of materials used, save for fair wear and tear and provided a proper and acceptable manner of use and method of cleaning is maintained, as follows:i. all aluminium components for a period of 5 (FIVE) years, excluding defects caused by mechanical damageii. the workmanship of the Seller for a period of 1 (ONE) year from date of installation iii. standard specialised solar fabrics for a period of 5 (FIVE) years from date of installation, subject to the conditions prescribed by the manufacturer iv. tubular motors for a period of 5 (FIVE) years from date of installation, subject to the conditions prescribed by the manufacturer. Notwithstanding the aforesaid, no guarantee or warranty of any nature whatsoever, including that for workmanship or material supplied, shall apply should all amounts payable not be paid following completion of installation of any product sold.
- All dimensions and specifications submitted herewith are approximate and intended for information purposes only. The Seller cannot be held responsible for any discrepancies therein. Furthermore, all illustrations, advertisements, or other documents are intended to present a general idea and are not binding to the Seller.
- Whilst every endeavour shall be made to meet estimated delivery dates, no liability shall be attached to the Seller should the performance of this contract be delayed or interrupted due to any circumstances beyond the control of the Seller.
- The Seller shall under no circumstances be responsible for any loss incurred by the Buyer by reason of any incorrect information being supplied to the Seller, such as the type, colour or dimensions of the goods purchased, whether such information was communicated to the Seller by the Buyer personally and/or his architect, agent, builder or any other person acting on behalf of the Buyer.
- Should any unforeseen problems arise due to the crumbling or non-alignment of walls or other relevant structures or should any other difficulties arise in installing the goods, the work done to rectify these problems shall be charged to the Buyer as additional to the contract.
- The Buyer hereto agrees to provide at his expense the necessary facilities to enable the Seller to carry out the installation of the work, such as electricity, water, et cetera.
- Where necessary, it is the sole responsibility of the Buyer to ensure that approval from the relevant local authorities, homeowners association or body corporate is obtained for the installation of the goods.
- Notwithstanding delivery of the goods and /or services to the Buyer, ownership of the goods shall remain vested in the Seller until such time as the full purchase price has been paid. The parties hereto specifically record that the goods do not constitute a fixture. In the event that the agreement is cancelled by the Seller for any reason, the Buyer irrevocably authorises the Seller to access and allow removal of the goods from the place of installation. However, the Buyer will be responsible for all risks to the goods, although not the owner, from the time of installation or delivery.
- In the event of the Buyer failing to pay any amount on the due date or retaining any portion of the contract price, then in addition to any other remedies available to it, the Seller shall be entitled to waive the discounts, if applicable, as well as to charge interest on any amount outstanding at one comma five per cent (1,5%) above the prevailing prime commercial overdraft rate.
- The Seller shall not be held liable under any circumstances whatsoever for any loss or damage, direct or indirect, consequential or otherwise, which may be sustained arising out of the agreement.
- The signatory binds him /herself jointly and severally as surety and co-principal debtor in solidum for the timeous payment of all amounts and the proper fulfillment of all other obligations which are payable and to be complied by the Buyer into this contract. The benefits of division, excussion and cession of action are specifically excluded.
- The Buyer hereby appoints the address set out overleaf as his domicilium citandi for all purposes of, and incidental to, the contract, and at which address he agrees to accept any notice of legal process. Furthermore, the signatory agrees that he /she shall be liable for all legal costs, commissions, and any other charges which may arise of the breach by the Buyer of any of the provisions of this contract on an attorney and client scale.
- The Seller retains the right to cancel the contract at its sole discretion should costs escalate unacceptably or should information become known that may indicate an unacceptable level or risk to the Seller if the Seller were to proceed with the contract.