Fax: (011) 463-2591
St Andrews Office Park, Block E, Meadowbrook Lane, Epsom Downs, 2191 South Africa
P.O. Box 70151, Bryanston, 2021, South Africa
Standard Terms and Conditions of Contract
Application - All quotations or estimates provided and/or all services rendered by TLC Engineering Solutions (Pty) Ltd (‘the Company’) are subject to these terms and conditions (‘the Conditions’).
The Client and Authority - The person requesting such quotations or estimates or to whom any service is rendered or products provided, is deemed to have read and accepted the Conditions and to have the authority to do so on behalf of the person in whose name the estimate or quotation is requested and/or provided and/or the person to whom the services are rendered or products provided (collectively referred to as ‘the Client’). Where there is a conflict between the Conditions and any terms and conditions of the Client, the Conditions will prevail.
Sequence of Events –
- The Client makes an enquiry, which may be verbal, by telefax or electronic (referred to as ‘the Enquiry’) or completes a Company order form (’the Order Form’) (in the case of the latter, go to point 4)
- The Company will prepare and provide the Client with an estimate (by hand, telefax or e-mail) (‘the Estimate’).
- Upon the Client’s written confirmation that the facts and information contained in the Estimate is correct, the Company will prepare a quotation (‘the Quotation’).
- The Quotation or the Order Form will specify the amount of a non-refundable deposit required, which will be a percentage (‘the Deposit’) of the total estimated value of the product(s) (‘the Product’) and/or Services to be supplied or provide by the Company (‘the Services’) , as detailed therein as well as the cost of delivery and insurance , if requested and applicable, (collectively constituting ‘the Price’) – if the Deposit is not received by the Company and reflected in its bank account, there will be no obligation upon the Company to execute the Quotation.
- The Client will be required to confirm the Quotation by signing it (and the Product or Service specification, where applicable), inserting an official order number and faxing it back to the Company, failing which there will be no obligation upon the Company to execute the Quotation.
- Once the signed Quotation, order number or the Order Form and Deposit are received, the Company will internally record a project or sales reference and start processing the order, following which the manufacture of the Product or the provision of the Service will be initiated.
- Once the Product is completed, or in the case of a selection of a Product on display at an exhibition, it will be delivered or handed to or collected by the Client as per the Quotation or the Order Form and the Client will be required to comply with payment terms stipulated in the Quotation or the Order Form and below and to sign the delivery note, where applicable.
Product Selection - The Client acknowledges that it has selected or placed an order for the Product based on information gleaned from the Company’s brochures and/or website and/or display. It also acknowledges that such brochures and/or the website is a visual presentation only and that the Product may not appear exactly the same in reality. Conversely the Product on display, unless selected and bought by the Client, is for display purposes only and that the Product ultimately delivered to the Client may not be 100% similar to that on display.
Payment and Payment Terms - The balance of the Price is due on or before the date specified in the Quotation. If the final payment is not received on time or at all, the Company may cancel the Quotation or, in the case of a delivery, refuse to hand over the Product to the Client and the Client will forfeit the Deposit and ownership in the Product will remain vested in the Company. The Client furthermore undertakes to pay the Company interest at a rate of 5% above the prime rate charged by the Company’s bank on any payment made after the due date.
Prices – Prices are quoted at the ruling daily exchange rate. Until the Company has received payment of the Price in full, it reserves the right to charge any fluctuations to the Client’s account and the Client undertakes to pay for any such fluctuation on demand. The onus will be on the Client to check that there have been no changes in the Price prior to making full and final payment. However, once payment of the Price in full is received, the Price is guaranteed.
Ownership and Risk – Ownership in the Product remains vested in the Company until such time that the Price and all applicable taxes have been paid in full and are reflected in the Company’s bank account. All risk in and to the Product will pass to the Client upon delivery or collection, as the case may be.
Insurance - It is strongly advised that the Clients takes out insurance for the loss of or damage to the Product in the case of delivery at the request of the Client. The Company will not be responsible or liable if the Client fails to take adequate insurance cover or at all. It shall not be obligatory upon the Company to effect insurance for the Client except upon detailed instructions given in writing and indicated in the Quotation or Order Form and all insurance effected by the Company pursuant to such instruction will be subject to such exceptions and conditions as may be imposed by the insurance company or underwriters accepting the risk, and the Company shall not be obliged to obtain separate cover for any risks so excluded. Should the insurers dispute their liability for any reason, the Client will have recourse against the insurers only.
Late Changes & Amendment Fees - A change and amendment fee may be charged in respect of late changes and amendments to signed Product specification received within 14 (fourteen) working days prior to the initiation of manufacture of the Product. This charge is levied to cover communication and other expenses involved.
Cancellation - In the event of Client cancelling the signed Quotation, the Company shall have the right to retain ownership of the Product and either claim the Deposit or to retain the Deposit and claim damages suffered by the Company.
Copyright - Copyright and any other intellectual property rights in and to the Product remains vested in the Company.
Domicilium – The parties choose as their respective domicilia the addresses specified in the Quotation.
Law & Jurisdiction - South African law and the jurisdiction of South African courts will govern the relationship between the Client and the Company The Company shall be entitled to institute any legal proceedings arising out of or in connection with this contract in any Magistrates Court having jurisdiction in terms of Section 28 of the Magistrates Court Act no. 32/1944 as amended, notwithstanding that the amount in issue may exceed the limits of such jurisdiction.
Refunds - No refunds will be considered in any circumstances whatsoever by the Company.
Legal Fees - The Client will be liable for all legal fees on an attorney and own client scale in the event that the Company has to engage a lawyer to enforce or defend any of its rights or otherwise.
Entire Contract - The Conditions constitute the entire terms of the relationship between the parties. There exist no other terms, conditions, warranties, representations, guarantees, promises, undertaking or inducements of any nature whatsoever (whether verbal, written or electronic) regulating the relationship and the Client acknowledges that he/she has not relied on any matter or thing stated on behalf of the Company or otherwise that is not included herein.