G E N E R A L T E R M S A N D C O N D I T I O N S O F S A L E
1) PLACEMENT OF ORDERS
When placing orders, the Purchaser must provide Wire World cc with clear and written instructions and each order must be supported by an official order number. An order will not be processed unless the following has been received: Signed quotation; Confirmation of deposit; Receipt of all customers’ materials. We require a deposit of 50% to confirm the instruction. We may impose a cancellation fee in the event that the customer cancels the order. The cancellation fee will depend on the nature of the instruction, the length of notice of cancellation before finalization of the instruction, the amount of work already completed. No refunds will be allowed in respect of work that has already been completed and / or in respect of Special Order goods already ordered or made unless if agreed by mutual consent. Quotation is valid from 30 days from date of quotation. Prices quoted are based on the quantities on quote. If any lesser amount is ordered then the price will change. Please ensure sizes are correct and acceptable. A new pattern is R125.00 ex vat. Our best efforts will be done to ensure quality, but no guarantee can be given on customer supplied fabric. Our production time is between 10 and 15 working days if all the components are readily available in our factory, but cannot guarantee a completion date if we have to order any stock or components. Please choose carefully. Wire World cc does not normally give refunds if you simply change your mind or make the wrong decision. You can choose between a refund, exchange or repair, where goods are defective within the warranty period (6 months) or within 10 business days the products are wrongly described, different from the sample shown to you or do not perform. If the product is installed, affixed amended we will not accept a return of the product, unless defective. Wire World cc may charge a handling fee if the return is accepted by management.
2) OWNERSHIP OF GOODS
All goods and spares shall remain under the ownership of Wire World CC until the invoice price has been paid in full.
Although all possible care is taken, there is a slight risk that the goods ordered may differ from the end product due to the fact that many of our products are hand crafted. We will not be responsible for any damages beyond our reasonable control.
Risk in and to the goods shall pass to the Purchaser on delivery of the goods to the Purchaser or, where a transport company is involved, on delivery to such transport company.
4) PROOF OF DELIVERY
The client is responsible for the collection of the goods at the business physical address unless otherwise agreed. We can arrange delivery on the client’s cost depending on the area of delivery and the risk of handling the goods will be on the client as soon as the goods are placed on the delivery vehicle. The client must arrange their own insurance in this regard. We will communicate unavoidable delay in the delivery.
Any signature of the customer or any of its employees appearing on Wire World cc’s delivery notes will constitute sufficient proof of delivery of the goods.
“Goods received in good order and condition” Means the following: “I, the customer acknowledge that the goods received are in good order and I am fully satisfied with the manner whereby the goods were delivered, the packaging thereof if applicable, including the inspection by myself. I fully agree that the goods satisfy the requirements of my order placed. I will not claim a refund or remedy and I accept full responsibility should the goods be damaged due to misuse, abuse or gross negligence on my part. The consequences whereof I realize constitute a void warranty claim. I do however accept that should the goods have a defect, failure or hazard, I will immediately inform the supplier and promptly claim my refund/remedy/repair on condition that I have followed the usage, storage and warning instructions as provided by Wire World cc.”
5) TRANSPORTATION OF GOODS
Wire World cc does not undertake to transport goods by ship or by rail unless it specifically agrees to do so, and once agreed; Wire World cc undertakes to place the goods on ship or on rail, with all the risk in the goods passing to the Purchaser from thereon. This includes all or any carriers nominated by the Purchaser to its duly authorized agent. In the event that the mode of transport has not been agreed upon, Wire World cc will recommend the mode of transport that is most convenient and/or cost effective. This recommendation will be sent to the client and Wire World cc will not proceed unless they have received a confirmation that the chosen mode and costs have been accepted by the client.
Terms of payment are as follows:
1. A 50% deposit will be required before we will commence with the customer’s order, and the balance must be paid before the order will be dispatched.
2. Where accounts are not settled within 60 days, calculated from date of statement:
a. the purchaser shall be liable for interest at the maximum legal rate; and
b. such purchaser’s account shall be suspended
7) SHORTAGES AND DAMAGES
Shortages and goods damaged during transit must be reported to Wire World cc within 7 days of receipt of the goods and delivery notes must be endorsed. Notification of shortages and/or damages must be made in writing to Wire World cc, irrespective of who is liable for the transport account or what mode of carrier was used. No claims except those under guarantee will be entertained after the expiry of the 7 day period aforementioned, unless the goods were found to have been unsafe, defective or not suitable for the purpose for which they were generally intended. (Refer to paragraph 9)
The Purchaser is hereby informed that it is his/her duty to choose carefully when selecting goods as Wire World cc does not give refunds if you simply change your mind or make the wrong decision. You can choose between a refund, exchange or repair, where goods are defective within the warranty period (6 months) or within 10 business days the products are wrongly described, different from the sample shown to you or do not perform. If the product is installed, affixed amended we will not accept a return of the product, unless defective. Wire World cc may charge a handling fee if the return is accepted by management.
Wire World cc guarantees its manufactured products free of defective workmanship and defective materials, for a period of 6 months calculated from date of delivery. The purchaser acknowledges the risk involved in using the purchased product contrary to the instructions as provided by Wire World cc. The purchaser indemnify Wire World cc against any claim for losses/damages that may be caused to any person or property due to any reason beyond the reasonable control or unintentional act of any person, whether in the employ or in his / her representative capacity of Wire World cc.
Wire World cc shall within (minimum six months) after delivery of new goods, repair or replace failed, unsafe or defective goods or refund the customer the price paid by the customer at the election of the customer. The aforesaid warranty is subject thereto that:
– the goods supplied by Wire World cc have not been altered (including the opening and/or inspection of electrical parts) contrary to any instruction of the company after leaving the company’s control;
– has not been exposed to abuse or exposed to any use other than what the product was manufactured for;
– the customer has followed the instructions ( usage and warning instructions) as provided by the supplier; and
– the goods have first been inspected by the manufacturer in order to evaluate/determine the reason of the products malfunction (before the customer will be entitled to its replacement, repair or refund).
Any claim for defective goods must be submitted to the company in writing. Wire World cc will not be liable in terms of this warranty under circumstances where it is unreasonable to expect of Wire World cc to have discovered the unsafe product characteristic, failure, defect or hazard, having regard to its role in the marketing of the goods to the consumer and/or if such unsafe product characteristic, failure, defect or hazard did not exist in the goods at the time that it was supplied by them. No goods may be sent back without authorization.
In the event of the Purchaser breaching anyone or all of the terms and conditions of this contract, then Wire World cc may elect to sue for specific performance and claim damages, or cancel the agreement after giving the purchaser twenty (20) business days’ notice of the material failure to comply with the agreement after which notice the breach has not been rectified. Wire World cc reserves the right to apply for an order for all costs incurred as a result of such breach on an attorney client scale.
Any relaxation or indulgence or extension of time which Wire World cc may show or extend to the Purchaser shall in no way prejudice Wire World cc’s strict rights under this agreement.
13) INSOLVENCY OF PURCHASER
In the event of the Purchaser being liquidated or sequestrated, whether provisionally or finally, the directors, members, partners or owners of the Purchasing business shall be personally liable for payment of all amounts owing to Wire World cc in respect of all goods ordered by and/or delivered to such Purchaser.
The Purchaser hereby consents to the jurisdiction of the Magistrate’s Court having jurisdiction over his person, notwithstanding the amount of any claim or value of any goods or value of any right in respect of any dispute or actions arising out of the agreement or any non-payment in terms hereof.
15) LEGAL COSTS
The Purchaser shall be liable for all legal costs on an Attorney and client scale and collection commission in respect of legal fees incurred due to any breach by the Purchaser.
The terms and conditions of this contract shall be binding on all future transactions entered into between the parties.