CONDITION OF SALE

  1. DEFINITIONS
    1. In these conditions the words defined shall have the meanings assigned to them hereunder.
      “the goods” – all goods sold by the seller, includes fees for design and/or consultation fees at standard rates at the time;
      “the seller” – Blind Solutions;
      “the purchaser” – entity, the person, partnership, firm, association, close corporation or company purchasing from the seller;
      “the parties” – the seller and purchaser collectively.
    2. Headings of clauses shall be deemed to have been included for purpose of convenience only and shall not affect the interpretation of the agreement.
    3. Unless inconsistent with the context words relating to any gender shall include the other gender: words relating to the singular shall include the plural and vice versa; and words relating to natural persons shall include associations of persons having corporate status by statute or common law.
  2. APPLICABILITY OF CONDITIONS
    1. All and any business undertaken by the seller is and shall be subject to the conditions hereinafter set out and each condition shall be deemed to be incorporated in and to be a condition of any agreement between the seller and purchaser.
  3. ALTERATION OR WAIVER OF CONDITIONS
    1.  No agent or employee of the seller, other than a director, has the seller’s authority to alter or vary these conditions.
    2. No agreement varying, adding to, deleting from or cancelling any of these conditions, and no waiver of any rights under these conditions shall be effected unless reduced to writing and signed by the director of the seller.
    3. No representative other than those included in this contract shall be of any force and effect unless reduced to writing and signed by both parties.
    4. The goods/services/consultation time/Design fees time/drawings/renderings and respective IP associated with the order herein are made to measure and once this order has been accepted it cannot be cancelled or varied in any manner whatsoever, other than in writing and signed by the purchaser and the seller.
    5. Should management agree in writing to a cancellation of any order and the quotation terms accepted when the order was placed by either an official PO or a deposit made into Blind Solutions account which was based on a non-refundable deposit (non-interest bearing account unless agreed in writing when order was placed), Blind Solutions reserves the right to a 25% cancellation fee and deduction of any consultants time/travel/design fee/drawings fees/rendering fees/sample costs and any other miscellaneous costs incurred by Blind Solutions during the time period from the date the order was placed/deposit paid, until such time as the cancellation letter has been agreed to in writing by both parties.
  4. RESERVATION OF OWNERSHIP
    1. The parties agree that this contract is subject to the express condition that ownership in the goods and IP/Design shall remain vested in the seller until such time as the purchase price is paid in full whereupon, ownership shall then pass to the purchaser.
    2. Notwithstanding the reservation of ownership as foresaid, all risks of damage, loss or destruction of the goods shall pass to the purchaser immediately following delivery of the goods to the installation address.
    3. Until the purchaser has paid the amount due by him to the seller in full, the purchaser hereby appoints the seller as his agent irrevocably in rem suam in so far as the same may be necessary to effect the said removal.
  5. TRANSFER OF RIGHTS
    1. The purchaser agrees that the seller may cede its rights in terms of this contract and transfer it’s ownership of the goods without its consent.
    2. The purchaser shall not be entitled to cede or assign his own rights under this contract without the written consent of the seller.
  6. BREACH
    1. Should the purchaser breach any of these Conditions of Sale, the seller shall at its election and without prejudice to any other rights which the seller may have in law have the right to:
    2. cancel the contract without prior notice to the purchaser, remove and repossess the goods and recover all damages which the seller may have suffered consequent upon such cancellations;
      or
    3. abide by the contract and recover from the purchaser payment of the balance of the purchase price then outstanding which will immediately become due and payable.
  7. LIMITATION OF LIABILITY
    1. The seller shall not be liable to the purchaser for any damages that may be caused to the premises by reason of the removal and/or repossession of the goods by the seller as aforesaid. Until the purchaser has paid the amount due by him to the seller in full the purchaser hereby appoints the seller as his agent irrevocably to effect the removal and repossession.
    2. If, whilst erecting or installing the goods, the seller in its sole and absolute discretion considers that the structure in question or any portion thereof is not suitable for such erection or installation whether by  reason of inferior timber, plaster,ceiling or brickwork or for any reason whatsoever, the seller may call upon the purchaser to remedy the position at the latter’s sole cost and expense. In the event that the seller proceeds with the installation and it transpires that the surface was not suitable for installation  the purchaser indemnifies the seller against any damage that may be caused for any reason whatsoever.
    3. Should the purchaser fail to remedy the position within (3) three days after having notice from the seller to that effect, the seller shall at its sole discretion, have the right either to cancel the contract (with prejudice to its rights to claim damages) or, to remedy the position at the purchase’s expense, the purchaser hereby agreeing to provide the seller and/or its representatives with free access to the purchasers premises for such purpose.
    4. Neither the seller or any of its officers, members, employees or agents shall be liable for any loss or damages, whether direct, indirect, consequential or otherwise, suffered by the, purchaser, his family and invitees arising from any cause in connection with the supply and installation of the goods (including without limitation, any act, omission, neglect, default, whether wilful, dishonest or otherwise, on the part of the sellers employees), with loss or damage results from breach of contract (whether total, fundamental or otherwise), defect, negligence or any cause without limitation.
  8. LOCAL AUTHORITY REQUIREMENT\
    1. The seller does not undertake:
      1. any responsibility for obtaining the approval or permission of any authority, local or government, which may be required for the erection or installation of the goods.
      2. to have plans (if required) submitted to such local or government authority.
    2. Where the purchaser has so requested and the seller has agreed to install or erect the goods prior to such approval or permission being granted, and should it subsequently transpire that such approval or permission be refused, for whatever reason, the purchaser hereby agrees that in such event he shall not be entitled to cancel vary this contract on such ground and shall remain obliged to pay the seller the full purchase price in respect thereof. The purchaser furthermore hereby indemnifies the seller in respect of all and any claim which may be made against the seller arising from the installation or erection of the goods without the prior approval or permission referred to aforesaid being had and obtained.
    3. Where, at the request of the purchaser, the seller makes application to the relevant authority for the necessary approval or permission on the purchasers behalf (including the preparation and submission of plans) the purchaser hereby agrees upon demand, to pay the seller all and any costs and expense incurred by the seller in so doing, whether or not such approval or permission be granted or such plans be passed.
  9. MISCELLANEOUS
    1. The proposed erection or installation date shall not constitute a material term of this contract and any failure by the seller to adhere to such date shall not entitle the purchaser to cancel this contract nor relieve him of his obligations hereunder.
    2. The purchaser shall be obliged to notify the seller in writing within (14) fourteen days of the date of installation of the goods, of any defect or other fault relating to the goods and/or their erection or installation and in the absence of such timeous written notification to the seller the purchaser shall be deemed to have acknowledged that the gods were received in good order and condition and that their
      erection or installation has been effected by the seller to the purchaser’s entire satisfaction.
    3. In the event of any amount payable by the purchaser not being paid in full on or before due date then the total amount owing in terms of this contract shall immediately become due and payable. The seller shall be entitled to charge interest in respect of any overdue amounts at the maximum rate permissible from time to time as set forth in the Limitations and Disclosure of Finance Charges Act. No 73 of 1968 as amended, or any other applicable legislation.
    4. No extension of time or other relaxation or indulgence which the seller may grant to the purchaser shall in any way prejudice any of the seller’s rights hereunder and, more particularly, but without in any way derogating from the generality of the aforegoing. No act of the seller in accepting an instalment after due date or in accepting a lesser sum than the amount due, shall operate as or be deemed to be a waiver by the seller of any of its rights hereunder or a novation of any of the terms or conditions of the sale.
    5. At the written request of the purchaser the seller will make available its standard form of guarantee in respect of its workmanship and materials.
    6. While every effort will be made by the seller to prevent rain or water penetrating the goods manufactured and/or erected or installed by the seller, the seller does not warrant that the goods will be waterproof and shall not in any way whatsoever be liable to the purchaser in the event of any such penetration by rain or water.
    7. In the event of the seller deciding to institute legal action for the enforcement of any of its rights against the purchaser, it shall be entitled to do so in the Magistrate’s Court which would, but for the amount of the claim, have jurisdiction.
    8. The purchaser shall pay all the legal cost incurred by the seller on an attorney and own client bases in taking any legal action against the purchaser for the enforcement of any of its rights.
    9. The purchaser hereby chooses domicilium citandi et executandi for all purposes incidental to or arising out of this contract including the service of summons, at the installation/physical address given.
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