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Terms & Conditions Of Sale
Terms & Conditions Of Sale
CCE Terms & Conditions
Sale of Goods:
These terms and conditions of sale apply to all goods supplied by F&R Technical Services CC trading as Cater Cool Engineering (CCE) registered in South Africa with company registration Ck97 40897/23. These terms and conditions shall take precedence over any terms and conditions which may be contained in the customer’s order, or other customer documentation, and may only be altered with the express prior written agreement of the seller. Cater Cool Engineering (CCE) may at its discretion change these terms and conditions from time to time without notice.
The acceptance of orders will come into effect between the customer and CCE for the sale of any goods when CCE has
- Received the customer’s “purchase order” for the “goods” specifying quantities and particulars of the goods required.
- No order for any goods shall be binding on the seller unless the seller has accepted such order in writing. Accepted the order by issuing the customer with a “proforma invoice” duly signed.
3 DESCRIPTION, AVAILABILITY AND PRICE OF GOODS
3.1 All prices as quoted exclude Value Added Tax (VAT), delivery and installation charges.
3.2 Goods remain the property of CCE until payment is made in full.
3.3 CCE will not be held liable for any losses or damages incurred by 3rd parties.
3.4 The description and price of goods the customer orders will be as shown on CCE’s current price list at the time the Customer places the order and /or any supplementary price list that may be produced from time to time. Error and omission excluded. Prices are subject to change until date of Proforma Invoice or Tax invoice, whichever is issued first.
3.5 The Goods are subject to availability. If upon receipt of and order, the goods are not in stock , CCE will inform the customer as soon as possible, offer the customer an alternative product or an alternative delivery date or allow the customer to cancel the order/refund.
3.6 Every effort is made to ensure that the prices shown in the CCE price list are accurate at the time the Customer places the order. If an error is found, CCE will inform the customer as soon as possible and offer the customer the option of reconfirming the order at the correct price or cancelling the order. If the customer cancels the order CCE will refund the customer.
3.7 In addition to the price, the customer is required to pay an installation cost (if requested and will be quoted separately) and or a delivery charge for the goods. (Delivery will be free for orders over R10 000.00 and within a 50km radius of CCE warehouse in Blackheath, Cape Town).
4 PAYMENT TERMS
4.1 Payment terms are strictly COD unless a credit facility has been approved by CCE.
4.2 For Customers with approved credit facilities, payment for goods delivered is strictly 30 days from date of delivery of goods.
4.3 Payment can be made by electronic fund transfer (EFT) directly into CCE bank account. Cash and/or Credit Cards will only be accepted at our offices.
4.4 CCE will provide a tax invoice with the delivery of goods.
4.5 The customer shall not withhold payment or make set-offs or deductions from any payment due by it for any reason whatsoever. No extension of payment will be granted unless reduced to writing and signed by the Customer and duly authorised representative of CCE.
4.6 If an amount owed is not settled in full on due date or on demand, CCE will be entitled to, without prejudice to any of its rights
- Immediately institute action against the customer
- Hand the customer over to its attorneys for collection of the outstanding debt and the Customer shall be liable for all costs incurred.
- List the customer as a defaulting Customer with the credit bureaux in line with Regulation 19(4) of the National Credit Act 34 of 2005.
4.7 CCE does not accept cheque payments.
4.8 No discount or extension is allowed unless agreed to in writing by the CCE General Manager.
5 DELIVERY & INSTALLATION
5.1 Goods will only be released once payment has been received in full unless credit facilities exist for said company.
5.2 Any delivery note or invoice (copy of original) “Delivery Note” signed by the customer and /or its authorised representative, shall be prima facie proof that delivery was made to the customer.
5.3 In the event that arrangements have been made for CCE to deliver goods purchased, this will be effected within 5 to 10 working days of receiving payment in full for your order. In cases where we have no stock, we will notify you accordingly and you will have the option to cancel or change the order or wait until we have stock.
5.4 The customer must inspect the goods upon receipt and be satisfied that the goods conform in all respects to the quality and quantity and be free of any defects.
5.6 Upon receipt of the Goods the Customer will be asked to sign for the Goods received in good condition. If the package does not appear to be in good condition, or the Customer is unable to check the contents then please refuse the delivery. Failure to do so may affect any warranty claims that the Customer may make thereafter.
5.7 The Customer undertakes to grant access to CCE, its subcontractors and/or their respective employees to deliver the Goods ordered at such premises, and neither CCE, its subcontractors nor their respective employees shall be liable for any loss and/or damage caused, whether be negligence or otherwise, to any person and/or property, and/or consequential loss or damages arising from the entry and/or activities of CCE, its subcontractors and/or their respective employees, effecting delivery of the Goods ordered.
5.8 CCE shall be entitled to split the delivery of the Goods ordered in the quantities and on the dates it decides with the prior consent of the Customer, which consent shall not be unreasonably withheld.
5.9 Customers choosing to engage its own third party to transport the Goods, the Customer indemnifies CCE against any claims of any nature whatsoever that may arise therefrom.
5.10 CCE is entitled to engage a third party on its behalf to transport Goods purchased by the Customer to the delivery address stipulated by the Customer.
5.11 A delivery date is only an estimate as to when the Goods will be delivered. CCE does not guarantee that the Goods will be dispatched or delivered on any particular date and time, and the Customer shall have no claim against CCE in respect of any loss occasioned by any reasonable delay in dispatch or delivery of any Goods ordered, nor may the Customer cancel any Order by reason of such delay.
5.12 Delivery will be free for orders over R10 000.00 and within a 50km radius of CCE warehouse in Blackheath, Cape Town.
5.13 Installation of goods by CCE is not included unless agreed upon or included in quote.
5.14.1 In the case where installation is agreed upon, the following provisions shall apply and the sellers price shall be based upon the fulfilment of the following provisions by or at the expense of the customer.
5.14.2 The provision of adequate and lockable storage on or near the installation site for the goods to be supplied in such a way that the goods are protected against theft and any damage or deterioration. Any item lost or damaged during storage shall be repaired or replaced at customers cost.
5.14.3 The timely execution and completion of the preparatory works at customer’s sole expense and risk, in conformity with the requirements which the seller shall indicate to the customer. The site shall be in compliance withal safety, electrical and building regulations relevant to the equipment regulations.
5.14.4 The installation site shall be made available to the seller without obstacles in due time to enable the seller to start the installation work on the scheduled date and time;
6 OWNERSHIP AND RISK
6.1 All risk in and to all Goods sold by CCE to the Customer shall pass to the Customer on collection / delivery thereof.
6.2 Ownership in all Goods sold and delivered shall remain vested in CCE until the full purchase price has been paid.
7 GRANTING AND WITHDRAWAL OF CREDIT
7.1 CCE decision to grant credit to a Customer and the nature and extent thereof is at the sole discretion of F&R Technical Services T/A CCE.
7.2 In order to assess whether credit will be granted, the Customer consents to a credit check to be conducted by CCE through credit bureaux.
7.3 CCE reserves the right to withdraw, increase or decrease any credit granted at any time.
7.4 A Customer with approved credit facilities as aforesaid hereby undertakes to ensure that any credit limit approved by CCE is never exceeded. Accordingly the Customer hereby agrees and undertakes to promptly make whatsoever payments are necessary to ensure that any such credit limit is never exceeded. No Orders of the Customer will be executed by CCE while any such credit limit is exceeded or any payment is overdue beyond the payment period set out above.
7.5 Where credit facilities of the Customer have been withdrawn by CCE, the Customer agrees to make payment on a COD basis.
8 RETURN OF GOODS
Refunds will only be made on the price paid for the goods purchased under the following conditions;
- All goods returned shall be returned to F&R Technical Services T/A CCE at 14 Utilis Street, Blackheath, Cape Town within 10 business days of purchase.
- Proof of purchase must be provided
- All goods shall be unused and in original condition and packaging.
- Changes or cancellation of orders once despatched will not be entertained. An admin fee of R100,00 will be charged if changes are made within 24 hours of being despatched
8.1 Return of Goods that did not match the Order
- If the Goods do not match what was ordered, the Customer is requested to notify CCE as soon as possible after delivery and the Goods must be returned to CCE within 10 (ten) business days after delivery.
- If the Goods are returned because they did not match what was ordered and the Goods are not in their original condition and repackaged in their original packaging, CCE may be entitled in terms of the Consumer Protection Act to charge a reasonable amount for use of the Goods during the time they were in the Customer’s possession, any consumption or depletion of the Goods, or for necessary restoration costs to render the Goods fit for re-stocking.
8.3 Return of defective Goods
- All Electrical goods sold have a 1 (one) year warranty against defects. The Customer must keep their proof of purchase to verify the date of purchase. Please note that, in terms of the Consumer Protection Act, this warranty may fall away if the Goods have been altered contrary to instructions or after leaving the control of CCE.
- If the Goods are returned within 1 (one) year of purchase, and has been proven to be defective by a CCE technician, CCE, at its election, shall either replace, repair or refund the Goods.
- Any Goods damaged due to power surges, black outs or lightning will not be exchanged under warranty.
- The Customer hereby agrees that any item under warranty returned for a repair may be sold by CCE to defray the cost of such repair if the item remains uncollected for a period of 30 (thirty) days after the repairs have been completed.
8.4 Return of unwanted Goods
- CCE reserves the right to charge a handling fee of up to 25% (twenty five per cent) of the value of the returned Goods in the event that a Customer cancels an Order and CCE accepts the return of unwanted Goods. CCE will only entertain such requests if made within 10 (ten) business days of delivery of the Goods and if the goods are not Specials.
- Items that are not stocked in South Africa by CCE may not be returned.
9 ADDITIONAL TERMS APPLICABLE TO EXPORT SALES
9.1 Prices quoted are ex-works CCE warehouse Blackheath, Cape Town, South Africa.
9.2 The prices are in ZAR and exclude any, duties, or import taxes or any other costs that may be imposed by any statutory body from time to time.
9.3 In the event that arrangements have been made for CCE to freight goods to destination, the following will apply
- All Freight Costs including insurance from CCE Warehouse, Blackheath, South Africa to country of final destination will be confirmed and must be accepted by Customer.
- Prices will be based on full container loads.
- Prices are valid for 30 Days.
- Stock will only be secured on receipt of a confirmed order.
- We require payment in advance from a foreign account (outside of the CMA) directly to our bank account.
- A remittance advise is required once payment has been arranged
- We will prepare the export documents.
- CCE reserves the right to nominate the transporter and will communicate all loading /delivery arrangements directly with transporter
- Orders will be loaded and containers sealed at our warehouse.
- Any variation in the exchange rate after date of quotation, or in Value Added Tax and/or any other tax payable from time to time and /or the cost to the seller of any matter relating to delivery, installation, insurance , freight, clearance of goods from customs and/or authorities and any other matter whatsoever upon which the price quoted has been based shall, insofar as any such variation affects the seller of complying with the quotation, result in the price as set out there in being varied in proportion to any such variation and shall be for the account of the customer.
In the event of either party committing a breach of these T&C’s and failing to remedy such breach within 7 (seven) days of receipt of a written notice to this effect from the other party then the aggrieved party shall, be entitled to, without prejudice to any of its other rights in law, claim specific performance or to cancel this order forthwith upon written notice to the defaulting party, without prejudice to its right to recover any amounts that may be due to it in terms of these T&C’s and any loss or damage suffered as a consequence of the breach or the cancellation of this order.
11 WAIVER AND INDEMNITY
To the extent permitted by law, CCE shall not be liable to the Customer nor to any third party for any loss, claim, damage, injury or death of whatsoever nature, howsoever arising (including consequential or incidental loss) unless such loss, claim, damage, injury or death arises from gross negligence on the part of CCE.
12 LEGAL PROCEEDINGS
The customer’s order is a binding contract that shall be governed and construed under and in accordance with the laws of the Republic of South Africa and CCE shall, at its option and notwithstanding that the amount of its claim or the nature of the relief sought exceeds the jurisdiction of the Magistrate’s Court, be entitled to institute action out of such court.
The delivery address provided by the Customer as reflected in the Order, Quotation, Proforma Invoice or Tax Invoice shall be the Customer’s domicilium for all purposes in terms of this Contract for giving of any notice, the payment of any sum, the serving of any process and for any other purpose arising from this Contract. CCE chooses its domicilium address as
14 Utilis Street,
A notice in terms of this agreement shall be presumed to have been duly given, if delivered by hand, on the date of delivery, if sent by post, 7 (seven) days after posting, if sent by facsimile, on the day that the facsimile is transmitted, if sent by email, the date of the “Read Receipt” notification
13 PROTECTION AND PROCESSING OF PERSONAL INFORMATION
The Customer understands that the personal information given to CCE is to be used for the purposes of assessing credit worthiness and in order to perform in terms of this Contract. The Customer confirms that the information given to CCE is accurate and complete. The Customer further agrees to update the information supplied as and when necessary in order to ensure the accuracy of the above information failing which CCE will not be liable for inaccuracies.
CCE will not use the Customer’s personal information for any purpose (other than as stated above) without the Customer’s express consent. CCE will not use or disclose the Customer’s personal information to third parties without the Customer’s consent, unless the use or disclosure is –
- required to carry out the performance of this Contract or any other agreement between the parties;
- required in order to comply with applicable law, order of court or legal process; and/or
- disclosure is necessary to protect and defend the legitimate interests of CCE.
CCE has the Customer’s consent at all times to contact and request information from any persons, credit bureau or businesses to obtain any information relevant to the Customer’s credit assessment, including but not limited to information regarding the amounts purchased from suppliers per month, length of time Customer has dealt with each supplier, type of Goods purchased and manner and time of payment.
The Customer agrees and understands that information given in confidence to CCE by a third party on the Customer will not be disclosed to the Customer.
The Customer hereby consents to and authorises CCE at all times to furnish credit information
concerning the Customer’s dealing with CCE to a credit bureau and to any third party seeking a trade reference regarding the Customer.
14.1 CCE accepts no responsibility for any harm or damage caused as a result of the improper use or handling of its products.
14.2 CCE accepts no responsibility for any damage resulting from failure by the user to maintain the equipment/products in the standard prescribed in the user manuals.
14 Utilis Street, Blackheath,
Western Cape, 7581
+27 21 205 5370
M-F: 8:00am – 4:30pm