TERMS & CONDITIONS
Standard Terms and Conditions of Sale: Crosspoint Trading 219 (Pty) Ltd t/a Genset & Solar Power Solutions
a. “Purchaser” means the organization or person who buys the goods
b. “Goods” means the articles and services to be supplied to the Purchaser by the Seller
c. “Seller” means Crosspoint Trading 219 (Pty) Ltd t/a Genset & Solar Power Solutions
d. “Products” means both products and services of the company which form the subject matter of the contract, including but not limited to Generators, PV solar systems, and alternative energy solutions.
e. CPA means Consumer Protection Act, 68 of 2008
a. These terms and conditions shall apply to sales of goods by the seller to the purchaser to the exclusion of all other terms and conditions referred to, offered or relied on by the Purchaser whether in negotiation or at any stage in the dealings between parties, including any standard or printed terms tendered by the purchaser, unless the
b. purchaser specifically states in writing, separately from such terms, that it wishes such terms to apply and this has been acknowledged by the seller in writing
c. Any variation to these terms and conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the seller.
a. Quotations submitted by the Company will, unless otherwise stated therein, be valid for a period of 30(thirty) days from the date of relevant quotation,
b. whereafter it will be subject to withdrawal and/or alteration by the Company
c. All prices quoted exclude Value Added Tax, charges for delivery, rigging, and installation of the product unless otherwise stated therein.
d. Notwithstanding clause 3a above, quoted prices in respect of products may be increased by the Company, at any time, prior to delivery, in the event of –
i. A change in the customer’s order, in respect of either the Products or their design
ii. Where the manufacturer price of the products is affected by the exchange rate, or cost of raw materials or other related importation costs.
e. Where quoted prices specifically include installation charges, such charges may be increased at any time prior to commencement of installation, due to an increase in labour charges, transportation, equipment or insurance costs or due to a revision or variation by the purchaser of the installation project.
f. An increase in quoted prices will be communicated to the purchaser within a reasonable period of time from the time that the company becomes aware of the increase.
g. Quotations do not include specific access, safety or other requirements which fall outside the normal frame of a residential installation. Any additional requirements will be to the account of the purchaser over and above the quotation. These conditions may include but are not exclusive to; access requirements at Estates, Safety requirements at commercial and industrial premises.
h. The Company cannot be held liable for any variations in the estimated electrical consumption of the purchaser and the actual electrical consumption or demand of the purchaser irrespective of whether any readings were taken by the Company or the purchaser. The purchaser acknowledges that many external factors influence readings, and these readings should be used as a guide only.
a. All orders received will be processed in accordance with normal business practice, in terms of which acceptance by the Company of any order will be subject to authorization of the Managing Director
b. All orders will only be confirmed on the payment of a deposit by the purchaser, such deposit payment to be fifty percent of the total cost of the invoice, unless otherwise stipulated on the quotation or invoice.
c. A contract shall come into existence when the purchaser signs the quotation sent by the seller, or pays the required deposit as per clause 4a; whichever comes first
d. Any deposit in respect of the products and installation, which may be requested by the company will, in addition to any other rights which the company may have in law, be forfeited by the purchaser as liquidated damages in the event of a breach by the purchaser of any of the terms of the contract.
e. The purchaser’s order is binding on the purchaser and in the event that the purchaser cancels the order the company may charge the purchaser a reasonable cancellation fee
f. The purchaser acknowledges that it is aware that the company’s sales-persons have no authority to vary these terms or conditions of sale and the company assumes no liability and shall not be bound by any statements, warranties or representations made by such sales persons save as expressly stated in writing and signed by the managing Director of the company.
g. The purchaser may only cancel a contract if agreed thereto by the company in writing and upon payment of reasonable charges based upon expenses already incurred and commitments made by the company.
5. PURCHASE PRICE AND PAYMENT
a. The purchase price of the products shall be paid to the company in full and without set-off upon presentation of the company’s tax invoice relating hereto.
b. The full purchase price is due and payable before delivery of the products, unless specifically agreed to in writing by the managing Director.
c. Where full payment has not been made by the purchaser prior to delivery, full payment becomes immediately due to the seller on delivery of the products to the purchaser; unless specifically agreed to in writing by Management.
d. The purchaser acknowledges that all purchases shall be on a cash basis and that under no circumstances shall the sale of any product constitute a credit agreement as contemplated and defined in the National Credit Act, no 34 of 1995.
e. Should full payment not be made to the Seller for the goods delivered within 7 (seven) days of delivery, the company reserves the right to reclaim the products and claim damages for costs incurred.
a. The purchaser acknowledges that delivery and installation dates given in advance are estimated. The company will use its best endeavors to ensure that delivery and installation is completed as soon as is reasonably possible after the estimated delivery and installation date, but the purchaser acknowledges that delivery and installation are dependent on a number of variables including but not exclusive to the weather. Notwithstanding the aforegoing, the company shall not be liable for failure to perform or delay in performance hereunder resulting from any cause beyond the company’s control, fire, labour difficulties, transportation difficulties, interruptions is services and delays in usual sources of supply, major changes in economic conditions, breakdown of machinery or any cause beyond the company’s control, or whether caused by negligence or otherwise.
b. Subject to a quote or written agreement between the parties providing to the contrary, risk in and to the products shall pass to the purchaser upon delivery, regardless of whether or not the company has installed, or agreed to install the products.
c. If the purchaser, due to some fault of its own, cannot accept or should it request the company to suspend or delay delivery and/or installation of the products, the company reserves the right to claim any additional costs involved from the purchaser.
d. The purchaser shall immediately upon receipt of the products from the company be allowed to inspect the products and the purchaser must inform the company of any errors by way of written notice, to be received by the company within 10 (ten) days of receipt of the products by the purchaser. Should the purchaser fail to notify the company of any claim the purchaser may have in terms hereof within the specified 10(ten) day period such failure shall constitute a complete waiver of any such claim.
a. Should the company effect installation of the products at the premises of the purchaser the following terms and conditions shall apply, unless otherwise agreed in writing:
b. The company may choose to use any contractor or sub-contractor of its choice to effect installation.
c. Any drawings, designs, sketches, photographs and/or other descriptive material shall be deemed to be descriptive only and shall not form part of the contract as to detail.
d. To the extent applicable, the company shall not commence installation unless the area to which the products will be attached has been prepared according to the specifications of the company. The company shall not be responsible for any delays or additional costs arising out of the failure of the purchaser to procure that the relevant area complies with the specifications of the company. Any additional cost of alterations, delays and/or penalties relating to inadequate area preparation shall be the sole responsibility of the purchaser.
e. The purchaser shall, free of charge, provide such on-site assistance to the staff, or contractors appointed by the company as may reasonably be required for the performance and execution of the installation, including, but not limited to, the provision of water, power, lighting, toilet facilities and protective cover from adverse weather conditions such as rain and hail;
f. The purchaser indemnifies and holds harmless the company against any and all liability which may arise in the event of death or injury to, or pecuniary loss suffered by, any contractor, sub-contractor or employee of the company in the course and scope of his/her employment in connection with the installation, as a result of the negligence or wilful misconduct of the purchaser, its officers, employees or agents.
a. Notwithstanding prior delivery and the passing of risk, ownership of and title to the products shall remain vested in the company until the purchase price, and any other amounts owing to the company in respect of the products or the installation thereof have been paid in full without set off, on which date ownership of the products will be deemed to be transferred to the purchaser. Until the date of transfer of ownership, the purchaser will not do or omit to do anything which may adversely affect the company’s proprietary rights in and to the products. Without limiting the generality of the aforegoing, the purchaser shall notify its landlord (if applicable) that the products are owned by the company. In addition, the purchaser agrees that until the date of transfer of ownership, regardless of whether or not such products have been installed that the products shall at all times remain separately identifiable regardless of whether the products have been installed or not.
b. The purchaser acknowledges that if it requires insurance for the product and installation, it is the responsibility of the purchaser to obtain this insurance and it is also the responsibility of the purchaser to ensure any compliances required by their insurance company are met including any costs associated with the insurance and compliance.
a. Unless otherwise agreed in writing, the company will at its sole discretion; facilitate through the manufacturer of the product; the replacement or repair of such product/s supplied by the Company; in accordance with the manufacturers guarantee/warranty; within a reasonable time, if the purchaser notifies the company in writing of any defects in respect of the products within 12(twelve) months from the date of installation and such products are determined by the company on a good faith inspection thereof, to be defective in respect of materials and/or workmanship. The Company will not be liable to compensate the purchaser for any damages sustained by the purchaser whilst the
products are being repaired, nor shall it be liable for any other damages, including consequential damages, relating to the replacement or repair of the products.
b. The purchaser acknowledges that the company is the supplier and not the manufacturer of the equipment and the warranty will be limited to that warranty provided by the manufacturer of the product, details of which will be provided to the purchaser on the purchase of the product.
c. The Company will provide a 1 year warranty on workmanship and may at its sole discretion facilitate the warranty claim made by the purchaser with the manufacturer in question in respect of faulty equipment.
d. In addition and concurrent to the warranty given in 9a. above, the products are supplied with a six month warranty of quality against defects, within the meaning of the CPA.
e. Unless the purchaser has specifically informed the company of the intended use of the product, the company does not warrant that the products purchased by the purchaser will be fit for the purpose that the purchaser intends using the product for;
f. If any defect in the products, or the components of the products, relates to alterations, contrary to the instructions or after leaving the control of the company, the company will not be liable for those defects, including in respect of any possible liability in terms of the implied warranty of quality contained in the CPA.
i. If any defects in the products, or the components of the products, relates to the purchasers neglect to carry out the specific maintenance instructions given to the purchaser by the seller in respect of the product, the company will not be held liable for those defects, including in respect of any possible liability in terms of implied warranty of quality contained in the CPA.
j. Any warranty provided by the company will cease to apply if any material information provided by the purchaser, specifically insofar as the intended use of the product is concerned, is incomplete or incorrect or if there is any material change in operating conditions or any misuse, abuse or material neglect of the products by the purchaser.
k. If any equipment not provided by the Company needs to be uninstalled or removed in order to test or repair the system installed by the Company, the purchaser will be required to pay labour rates applicable to the removal and re-fitment of such equipment.
l. The Company cannot be held responsible for system compatibility or functionality problems or equipment damage as a result of components of the system not provided by the Company.
m. The Company cannot be held responsible for any damages resulting from any force beyond its reasonable control, including but not exclusive to power surges, voltage spikes; lightning damage and theft of any equipment.
n. The Company cannot be held liable for variations in the estimated consumption needs of a client; as estimated by the Company; and the actual consumption needs of the client. Many
external factors influence consumption readings, and these readings when taken by the Company should be seen merely as a tool to assist in estimations given. The Company will not be held liable for any variances.
a. In addition to any specific exclusions of liability contained herein and unless otherwise expressly stated herein, the parties agree that the purchaser shall have no claim against the company for any loss or damage, of any nature, occasioned by any defect in any goods supplied, or any failure to provide adequate instructions in respect of any hazards that might arise from the use or incorrect use of the products save to the extent that such loss or damage is contemplated in section 61 of the CPA, and provided that nothing in these terms and conditions must be construed as in any way limiting the rights of the company to raise such defenses as may be available to it at common law or in terms of any statute.
b. Notwithstanding the provisions set out in clauses 9e and 10a above, in the event that the company provides advice regarding the application of the products at the request of the purchaser, the liability of the company in respect of the non-suitability of the products for the purpose for which they are used will be limited to the selling price of those products.
c. It is acknowledged that the Company cannot take responsibility for any compliance with existing contracts or agreements the client may have with governing authorities or electricity suppliers.
d. The company cannot take responsibility for any changes in environment; conditions; regulations or legislation which consequently affect the installation or performance of the system.
11. NOTICES AND DOMICILIUM
a. The parties hereto select as respective addresses for service of any documents, the addresses set out in the order contemplated in terms hereof.
12. GOVERNING LAW AND JURISDICTION
a. This agreement and any contract shall be subject to the laws of the Republic of South Africa.
b. In terms of Section 45 of the Magistrates Court Act of 1944, as amended, the purchaser hereby consents to the jurisdiction of the Magistrates court having jurisdiction in terms of Section 28 of the said Act in respect of any action to be instituted against the purchaser by the company in terms of the contract. It shall nevertheless be entitled within the discretion of the company as to whether to proceed against the purchaser in such Magistrates Court or any other court having jurisdiction.
c. In the event of the purchaser committing any breach of the contract or in the event of the company being required to take any legal action, the purchaser agrees and undertakes to pay the company’s legal costs as between attorney and own client including collection commission, tracing fees, valuation charges, transport costs and other expenses in connection therewith.