- PARTIES AND DEFINITIONS
1.1 “Company” means Infinite Sol (Pty) Ltd a Company duly registered under the laws of the Republic of South Africa;
1.2 “Customer” means any person, firm, Company, corporation or other legal entity whose details appear on the quotation/invoice of which these Conditions form part;
1.3 “Goods and/or Services” means any goods provided and/or services rendered, whichever is applicable, by the Company to the Customer in terms of the specifications required by the Customer and as described in the quotation;
1.5 “Contract” means the contract for the sale and purchase of the Goods and/or Services, incorporating these Terms and Conditions.
1.6 “Supplier” refers to any and/all Manufacturers/Importers/Distributors” from whom the Company is sourcing the products.
1.7 “Qualified Installer” refers only to a suitably qualified Installer Electrician or Master Electrician registered with the Department of labour of South Africa and also registered with the Electrical Contractors Board, and that these parties have completed any mandatory courses referring to a particular product that may be a requirement by the Supplier before the warranty/guarantee comes into effect/is honoured.
- CONTRACT
2.1 The contractual relationship between the Company and the Customer shall be subject to these Standard Terms and Conditions (“Conditions”) and no addition or variation shall apply unless agreed to in writing.
2.2 The provision of the quotation for the provision of Goods and/or Services to the Customer by the Company shall be deemed to be an offer by the Company to provide the Goods and/or Services as stipulated in the quotation and which is subject to these Conditions.
2.3 No quotation shall be deemed to be accepted by the Customer until a signed acknowledgement of the quote and the Terms and Conditions have been received by the Company. The Customer agrees that this signed copy of the Terms and Conditions shall be binding on both parties for this contract and any other contract in the future that the Customer may enter into with the Company. The Customer agrees to supply further signed copies of the Terms and Conditions as requested by the Company should the original go missing or the Terms and Conditions change
2.4 The Customer shall ensure that the terms of the quotation, and any applicable specifications, are complete and correct.
2.5 Any quotation is given on the basis that no Contract shall come into existence until the Customer dispatches an acceptance thereof to the Company.
2.6 The quote provided is subject to product availability at the price quoted. Stock availability from the Manufacturers/Importers/Distributors is not within the control of the Company. Should changes occur regarding the product and/or the price quoted, then the validity of the product and/or pricing on the quote falls away and new product and prices will be quoted on.
2.7 In the event of services being required by the Customer from the Company, regardless of the product being an in warranty or out of warranty service, a call out fee and travelling expenses will be due in advance of the service being rendered after final payment has been received for the installation.
2.8 All items purchased will be delivered within 72 hours unless otherwise agreed to by the Company and the Customer. Delivery charges will apply and are for the Customer’s account.
2.9 The customer acknowledges that we carry very little stock onsite to assist in keeping our prices lower and for security purposes, Deliveries are available for National (within the borders of South Africa) and International Customers (outside the borders of South Africa. Please note that the insuring of the goods during transportation is the responsibility of the client and for the Customer’s account. The Customer understands and agrees that the electrical materials and solar-photovoltaic systems will be delivered by the Company to an address given by the Customer and under no circumstances will the Company allow the Customer to collect directly from the Manufacturers/Importers/Distributors. For this purpose, all in and out of warranty/guarantee claims, the product must be delivered by the Company to the Manufacturers/Importers/Distributors and under no circumstances will the Company allow the Customer to collect directly from the Manufacturers/Importers/Distributors.
- WARRANTIES AND LIMITATIONS OF LIABILITY
3.1 The Company shall be sourcing quality products from reputable Manufacturers/Importers/Distributors.
3.2 All electrical materials, solar-photovoltaic and battery backup systems shall be installed by a Qualified Installer. Should the Customer fail to use a Qualified Installer, then the guarantee and/or warranty may be refused by the Supplier. The Company will not honour any guarantee and/or warranty refused by the Manufacturers/Importers/Distributors. Certain Manufacturers/Importers/Distributors require further training and validation conducted by themselves, before that Qualified Installer is allowed to install their product(s) under warranty. The company has a list of suitably Qualified Installer with the correct qualifications and registration from which the client has the option to choose from but is not obligatory.
3.3 The Company provides no warranty whatsoever in respect of the individual products sourced by the Company. The Company has no Liability for replacement or repair thereof or other damages in connection therewith. The Company shall however advise the Customer with the individual warranties provided to it by the Manufacturer/Importer/Distributor of the products.
3.4 The Company shall not be liable for any damage or loss resulting from the installation of the electrical materials or a solar-photovoltaic system.
3.5 The Company does not warrant or guarantee, and is not responsible for: Defects, failures, damages or performance limitations caused in whole or in part by power failures, surges, fires, floods, snow, ice, lightning, excessive heat or cold, highly corrosive environments, accidents, actions of third parties, or other events outside the Company’s control, or customers abuse, mishandling, misuse, negligence, improper storage, servicing or operation, or unauthorized attempts to repair or alter the equipment in any way. The Company shall not be liable for any damage, loss or injury resulting from any misuse of the electrical materials or solar-photovoltaic systems installed.
3.6 The charges relating to claims in or out of warranty is subject to a call out fee of R650 plus transport (Only the first hour’s labour or part thereof included) and payable immediately before arriving on site. Any further hour’s labour will be billed as per a written quote, and payable immediately on site by the client before work progresses.
3.7 This document read with the quotation and the Terms and Conditions contains the entire agreement between the Company and Customer and no party shall be bound by any undertakings, representations, warranties, promises or the like not recorded and or discussed herein.
3.8 The Customer agrees that no qualified installer may work on the solar system without the express authority by The Company. Should the customer ignore this and use a contractor not approved or agreed to by the Company, then the warrantees and guarantees pertaining to The Company may be cancelled. This will automatically affect the factory guarantees and warrantees. The Company reserves the right, after inspection, to reinstate their obligations where it is at the request of the Customer and The Company is satisfied that if there was any work carried out by the other contractor, it meets their stringent standards as well as those of SANS (South African National Standard regulations). The company has a list of suitably Qualified Installer with the correct qualifications and registration from which the client has the option to choose from but is not obligatory.
3.9 The Customer acknowledges, understands and agrees that all in warranty and out of warranty repairs are done offsite by the Manufacturer/Importer/Wholesaler that initially provided the Company with the products for resale. Repair agents are nominated by the Manufacturer/Importer/Wholesaler and the Company cannot be held directly accountable for any repair. All repairs are a carry in warranty only.
3.10 In warranty and out of Warranty repair times vary according to the repair agent and the product. Standard repair times in the solar industry are anywhere between 1 to 8 weeks on average. The Customer acknowledges, understands and agrees that the Company cannot be held liable in any way whatsoever for any delays in repairs.
3.11 The Customer acknowledges, understands and agrees that there are no loan units available for items brought for repair that are in warranty or out of warranty.
3.12 Any item removed from a sealed box or from its packaging is non-returnable unless the Manufacturer/Importer/Distributor agrees that it is an out of box failure or otherwise accepts responsibility. The Company will carry no responsibility for refund or replacement should this be the case and the client will either have to repair the item concerned or have it replaced, at the Customer’s expense.
3.13 Any item that has an inspection seal broken is non-returnable unless the Manufacturer/Importer/Distributor agrees that it is an out of box failure or otherwise accepts responsibility. The Company will carry no responsibility for refund or replacement should this be the case and the client will either have to repair the item concerned or have it replaced, at the Customer’s expense.
3.14 The Company retains the right to refuse to refund or exchange any item that is brought back that is not in the same conditions it was when it was sold to them, whether collected or delivered refer 3.12 and 3.13 above.
3.15 There are no exchanges or refunds on electrical items refer 3.12 and 3.13 above.
- RISK
Risk in the Goods shall pass to the Customer when they are received by the Customer or delivered to the Customer’s premises by the Company. The Company recommends that the Customer insure the product immediately upon delivery/collection.
- RESERVATION OF OWNERSHIP
Until payment has been made by the Customer in full, all legal and equitable ownership of the electrical materials and solar-photovoltaic systems supplied shall remain with the Company.
- PAYMENT
6.1 The customer shall be obliged to make payment to the Company as indicated on the terms of the quotation signed by the customer and invoices issued thereafter.
6.2 In the event of the Customer failing to make payment as provided for herein above, the Company shall have the right to hold off on delivery/collection of the electrical material or solar-photovoltaic system until such time as payment had been received. The Customer shall have no claim of whatsoever nature against the Company as a result of such a delay in the supply of the product(s) due to non-payment by the Customer.
6.3 No deduction from any payment due shall be made by the Customer in respect of any alleged set-off or counterclaim howsoever arising unless the Customer has a valid court order requiring an amount equal to such deduction to be paid by the Company to the Customer.
6.4 Should the Customer fail to ensure that immediate payment in full of any outstanding amount after delivery/collection, the Customer acknowledges that the Company has the right to remove any and all of the items installed at the Customers expense.
6.5 In the event that payment or part thereof is withheld by the Customer, the Customer acknowledges, understands and agrees that the Company will then take legal action to retrieve such amounts and the cost of which will be for the account of the Customer.
6.6 The Customer acknowledges, understands and agrees that the cost of removing or reinstalling any product(s) due to non-payment will result in additional fees that will be for the account of the Customer.
- FORCE MAJEURE
The Company shall not be liable for any loss or damage caused by the non-performance or any delay in performance of any of its obligations hereunder arising out of any matter beyond the Company’s control including but not limited to acts of God, war (whether declared or not) or sabotage, fire, drought, flood, excessive rainfall, riots or civil commotion, strikes, lockouts or other trade disputes (whether or not involving employees of the Company), breakdown of machinery, transport delays or interruptions, Government restrictions or regulations, delay in delivery by the Company or delay caused by obtaining unsuitable materials which will require replacement with suitable materials.
- BREACH
In the event that either party (“the defaulting party”) to this Contract breaches any material term hereof and fails to remedy such breach within 20 (twenty) days of the date of receipt of a written notice from the other party (“the aggrieved party”) requiring such breach to be remedied, the aggrieved party will be entitled immediately to cancel this contract by written notice to the defaulting party, which cancellation will be without prejudice to any other rights which the aggrieved party may at law enjoy arising out of such breach and/or cancellation.
- NOTICE
All notifications referred to in these Conditions must be in writing and sent by prepaid registered post, transmission or electronic mail to the addresses, or electronic mail addresses as indicated on the quotation. A notice sent by one party to another shall be deemed to be received on the fourth day after posting if sent by prepaid registered post, and on the day after sending if sent by electronic mail.
- SEVERABILITY
If any particular provision and/or term of the Contract is found to be defective or unenforceable or is cancelled for any reason (whether by any competent Court or otherwise) then the remaining provisions and/or terms shall continue to be of full force and effect. Each provision and/or term of the Contract shall accordingly be construed as entirely separate and separately enforceable in the widest sense from the other provisions and/or terms hereof.
- NO WAIVER
No waiver or indulgence of whatsoever nature shall be of any force of effect, including a waiver or indulgence in respect of this clause 12, unless it is reduced to writing and signed by and on behalf of the Parties.
- GOVERNING LAW AND JURISDICTION
In terms of Section 45 of the Magistrate’s Court Act of 1944, the Customer hereby consents to the jurisdiction of the District Magistrate’s Court having jurisdiction in terms of Section 28 of the said Act in respect of any action to be instituted against the Customer by the Company in terms of this Contract.
- LEGAL COSTS
Should the Company have to take any legal action against the Customer to enforce its rights in terms of these Conditions, the Customer shall pay all legal costs, including collection commission and VAT, incurred by the Company on an attorney and own Customer scale.
- GENERAL
14.1 No person, other than the directors of the Company, has any authority to contract on the Company’s behalf on any terms or conditions other than those contained herein. No terms or conditions contained in any quotation, proposal or other document issued by the Company that are at variance with the conditions contained herein shall be valid and these conditions shall not be capable of variation except by express written agreement signed by or on behalf of the Customer and on behalf of the Company.
14.2 The Customer chooses the Customer’s address at which the product(s) are delivered by the Company or collected from the Company by the Customer, as its domicilium citandi et executandi and the address to which or at which all correspondence, notices and legal process may be sent or delivered to the Customer. The Company chooses as its domicilium citandi et executandi 496 Spionkop Road, North Riding, Johannesburg and the address to which or at which all correspondence, notices and legal process may be sent or delivered to the Company.
I hereby acknowledge that I have read the terms and conditions and not only do I understand them but I also agree to abide by the above.
Signed at _______________________________________________ on the __________ of _________________________________________20__________
Customer Name & Surname: _________________________________________________________________________
Customer ID: _________________________________________________________________________
Signed by the Customer: _________________________________________________________________________
Signed by the Company: _________________________________________________________________________
