STANDARD TERMS AND CONDITIONS OF SALE
In this document, unless inconsistent with or otherwise indicated by the context: a. the "contract" - means the conditions of a sale as read with the details of the pertinent invoice or quotation; b. "the goods" means - the goods described on the pertinent invoice; c. "the purchaser" - means the person or entity to whom the goods were invoiced; d. Xpanda N.W means-Lezmin 1913CCT/AXpanda N.W; e. The purchaser appoints the address as set out on the face as his domicillium citandi et executandl for all purpose incidental to and relating to contract.
ACCEPTANCE OF ORDER/ OWNERSHIP
The purchaser understands that it is his sole responsibility to determine whether the goods ordered are suitable for the purchase for which he intends using them. Any terms and conditions on a purchase's Order at variance with the terms and conditions stated herein are binding on Xpanda N.W only if specifically accepted by Xpanda N.W in writing. A 75% Deposit will be paid by purchaser before ordering the product. Ownership of the goods will not pass to the purchaser until Xpanda N.W has received payment in full. If Xpanda N.W installed the product, the outstanding payment must be paid on the same day of installation, or as arranged priorly with the management Xpanda N.W, otherwise interest 2% above the prime overdraft rate will be charged, by Xpanda N.W principal bankers from time to time with such interest calculated monthly and compounded.
Goods when delivered to the purchaser or such agent or carrier, as may be nominated by the purchaser, shall be at the risk of the purchaser who shall be responsible as from the time of collection from Xpanda N.W office's, for loss or damage hereto, howsoever arising.
Cash (if cash is deposited into our account client will be liable for cash handling fee charged by bank), electronic transfer, card payments accepted, no cheques accepted, unless otherwise agreed to in writing. Payment by cheque: The customer declares that no cheque will be issued unless there are sufficient funds available and that such funds will remain available in order for payment to be honored and that no cheque will be stopped. In the event of default of payment, for whatsoever reason, all overdue items will bear interest rate of 2% above prime overdraft rate charged by Xpanda N.W principal bankers from time to time with such interest calculated monthly and compounded.
GAURANTEE: KEEP INVOICE AS GAURANTEE. WITHOUT IT. THE GAURANTEE WILL BE VOID.
Guarantee only valid once full payment is received, for such goods and if the purchaser has caused the goods to be maintained, serviced and operated in such a manner commensurate with the type and value of the items sold. To activate factory warranty/guarantee- the warranty/guarantee slip must be submitted to factory. Factory guarantee/warranty shall be strictly limited to the replacement or repair, at factory option, of any goods which are effective by reason of faulty material or workmanship; provided that no liability under this clause shall be incurred unless written notice is given within ten days of the defect becoming apparent and provided the defective goods are returned to the factory workshops at the purchaser's expense. Liability for direct, indirect or consequential loss or damage of whatsoever nature and howsoever caused, is expressly excluded, whether such loss or damage result from breach of contract, delict or any other cause and whether the sale is cancelled or not. Repairs to equipment during the 1 year guarantee/warrantee-period are guaranteed for the unexpired portion of the original product guarantee, otherwise a 3 month guarantee. No guarantee repairs will be done to damage caused due to negligence by builders on building sites, liability for direct, indirect or consequential loss or damage of whatsoever nature and howsoever caused, is expressly excluded, whether such loss or damage result from breach of contract, delict or any other cause and whether the sale is cancelled or not. A call-out fee will be charged plus cost of parts, should it be required. Meranti doors are to be treated with Silkwood Oil directly after Installation and then, 3 months after installation, thereafter within 6 months, thereafter at least once per year.
Guarantee exclude traveling cost to and from premises outside Klerksdorp, Stilfontein, Orkney area. (Guarantee pending) All Garage Doors, Roller Shutters & Overhead Sectional Doors must be serviced every 6 months after installation, to keep factory and labour guarantee-cost off service are for the client's account-(Contact Xpanda N.W for prices) No guarantee on any batteries.
IN THE EVENT OF THE CONTRACTOR, OR HIS ASSIGNEES
a.encounting unusual objects or materials, which have not been bought to the attention of the Contractor, during the installation of the work ordered, for ex.: Rocks, sandstone, reinforcing, water pipes and electrical cables, b. causing damage occasioned by latent defects in retaining walls, concrete pillars, plaster work, brickwork, timber or similar structures, c. being obliged to perform extra work such as the removal and repositioning of curtains ahd furniture, re-cementing of existing gate posts and removal of hedges or other obstructions, then the contractor, shall be entitled to a reasonable remuneration and a labour charge per hourwill be charged, for any period, in excess of the normal installation time required to complete the work. Please note; Xpanda N.W. shall not be liable for any loss or damage of whatever nature (direct, indirect, consequential, or other) whether arising in contract, tort or otherwise, which may arise as a result of your use of (or inability to use) our products, or from your use of (or failure to use) the information of our products. We cannot be held responsible for any bodily injury, or harm to any person whatsoever by means of any of our products sold or installed by us.
It is suggested that all curtains, furniture, ornaments, breakables etc. be moved prior to our installers arriving to install your goods as we cannot be held responsible for any damages, e.g. dirty marks on curtains and lounge suites.
RETURN OF GOODS- NO REFUND, EXCHANGE OR REPAIR WILL BE DONE WITHOUT PRESENTATION OF ORIGINAL INVOICE.
Return of goods for credit is at all times subject to Xpanda N.W prior consent and is in any event Conditional upon all return transportation cost being for the account of the purchaser. A 15% handling charged will be levied upon any or all items accepted for return. Claims for return of goods will be considered if the goods are returned in a saleable condition within 7 days of date of delivery of purchase.
JURISDICTION OF THE MAGISTRATES COURT
Xpanda N.W shall be entitled at its option to institute any legal proceedings which might arise out of, or in connection with, these terms of sale and Conditions of contract in any magistrate court in South Africa, having jurisdiction in respect of the purchaser not withstanding that the claim, or the value of the matter In dispute, might exceed the jurisdiction of such magistrates court in respect of causes of action.
Delivery dates are given in all good faith and every effort will be made to adhere to or improve upon these. Xpanda N.W. cannot accept any penalties for delivery delays due to circumstances beyond its control, nor cancellation of an order without levying a cancellation charge.
CANCELLATION OF ORDERS
Orders received and accepted by Xpanda N.W shall not be subject to cancellation either wholly or partially without Xpanda N.W consent In writing. If such consent is given by Xpanda N.W shall be entitled to make as a condition of such consent, a cancellation charge when it is the opinion of Xpanda N.W fair, reasonable or necessary to do so.
Unless otherwise stated, prices quoted are subjects to any variation in cost of material and or/labour between date of quotation and date of completion of manufacture, as well as variation in shipping and rail age cost up to date of delivery.
DUTY/SURCHARGE/VALUE ADDED TAX
Duty, Surcharge or Value Added Tax where included, are subject to any variation in rate that may be promulgated between date of quotation and date of delivery.
Xpanda N.W is not liable except in the cases and the extent mentioned, and Xpanda N.W accepts no liability for any damage arising directly or indirectly from any defects in the products sold by them. Xpanda N.W will not be responsible for any loss or damage of whatsoever nature and howsoever arising. All transport cost are to be borne for the purchaser. For transport of goods in and around South Africa, unless Xpanda N.W receives written authorization from the purchaser, goods will be sent by economy road freight.
BREACH OF CONTRACT
Should the purchaser breach the contract, all costs and disbursement, including legal costs on the attorney and own client scale, incurred by Xpanda N.W. in recovering possession of the goods, or tracing the purchaser and/or locality of goods, or collection commission, storage charges, cost of valuation of the goods, selling commission, dismantling and removal charges, and all other fees and charges of alike nature, shall be borne by the purchaser, a. The purchaser shall not have any claim of any nature whatsoever against Xpanda N.W for any failure by Xpanda N.W to carry out any of its obligations under the contract through this major, b. Xpanda N.W shall be entitled to cancel the contract forthwith or delay delivery, or effect part delivery, if it is prevented from or indered in delivery of the goods through this major, c. For the purposes of 15a and 15b above this major shall include , without being limited to, strike, accidents, disturbances, the elements, any act of state or government or any authority or any cause beyond Xpanda N.W reasonable control.
In the event of conflict between the terms and conditions on the credit application of the purchaser and these terms and conditions of the credit application will prevail.
Please note that If an installer of Xpanda N.W must use a generator to install your products due to load shedding an additional cost of R200.00 will be charged.