FREE water storage for swimming pool repairs or relining - February 2025 only!
FREE water storage for swimming pool repairs or relining - February 2025 only!
Terms & Conditions
1. INTERPRETATION
In this Agreement, clause headings are for convenience and shall not be used in its interpretation and, unless the context clearly indicates a contrary intention –
2. TERMS AND CONDITIONS TO PREVAIL
3. QUOTATIONS
4. SEPARATE AGREEMENTS
5. PURCHASE PRICE AND PAYMENT
6. RISK
7. DELIVERY
8. OWNERSHIP
9. WARRANTIES & INDEMNITIES
1. Any delay or failure in the manufacture or delivery of the goods;
2. Defective or incorrect materials, workmanship, design or specification.
5. Without prejudice to the provisions of 9.4.2, the Company’s liability on account of defective
materials and workmanship shall be limited exclusively to the repair or replacements thereof at
the Company’s sole discretion, but the Company shall nevertheless be excused from all liability
unless it has been notified of such defect in writing at the drafting the snag list, which will be
addressed at the Company’s discretion, after which project sign-off by the Customer will follow.
After sign-off the Company shall be excused from all liability in respect of such claims, whether the
defects be patent or latent.
6. Returns, if accepted by the Company at its sole discretion and upon such terms as it may prescribe,
shall be credited in full, less a minimum of 10% (ten percent) or R500 (five hundred rand)
whichever is the greater, as a handling charge, subject to the goods being in a marketable
condition acceptable by the supplier, and provided further that the purchaser shall be liable for all
costs of delivery to the Company’s designated premises.
7. In the event that the Customer provides any specifications or designs to the Company and requests
the goods to be manufactured according to such designs or specifications by the Company, their
supplier or relevant third party, then the Customer hereby indemnifies and holds harmless the
Company, supplier or relevant third party against all claims and expenses of whatsoever nature
and description arising from the alleged or actual infringement of any Letters Patent, Trade Marks,
Designs or copy rights occasioned by the Company’s performance.
8. The Customer shall keep confidential and shall not use for any purpose all drawings and designs
supplied by the Company, and the Customer hereby indemnifies the Company against any loss
suffered by the Company as a result of the breach of this clause.
10. BREACH
11. DOMICILIUM AND NOTICES
12. COSTS
13. INTEREST
14. WHOLE AGREEMENT, NO AMENDMENT
1. any variation or consensual cancellation of this Agreement or of any document
executed under this Agreement (“Related Document“);
2. an agreement to settle any Disputes arising under this Agreement; and
3. any extension of time, or waiver of any provision of this Agreement or any Related
Document (and the same shall not operate as an estoppel against any Party in respect of its
rights under this Agreement).
4. No failure by any Party to enforce any provision of this Agreement shall constitute a waiver of or
affect that Party’s rights to require specific performance of that provision, nor shall a waiver of a
subsequent breach nullify the effectiveness of the provision.
15. SPECIAL CONDITIONS
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Cape Town, South Africa