FIXTRADE 544 (PTY) LTD t/a TRUESTYLE
TERMS AND CONDITIONS OF SALE, SUPPLY AND TENDER.
FIXTRADE 544 (PTY) LTD t/a TRUESTYLE (CONTRACTOR) is not responsible for any loss/damage on any parts or units not under FIXTRADE 544 (PTY) LTD t/a TRUESTYLE warranty. The Contractor takes no responsibility for any damage to clients’ property occurred during installation of goods other than that is covered by the Contractor’s insurance policy.
All goods shall remain the property of FIXTRADE 544 (PTY) LTD t/a TRUESTYLE until paid for in full.
I/we hereby agree to the conditions of sale as stipulated.
2. TERMS AND CONDITIONS OF SALES, TENDERS AND SERVICES
The “CLIENT” means the entity or person as stated on the Acceptance of quotation and/or payer of deposit as described in the quotation written or verbal.
The “CONTRACTOR” hereby sells to the CLIENT who hereby purchases the products and services described in the quotation or tender.
(Hereinafter referred to as “the GOODS”)
3.1 The purchase price for the GOODS shall be the total as specified on the Quotation or tender hereof.
3.2 Unless otherwise specified in paragraph 10 here-under, the purchase price will be payable on date of delivery or completion of installation and/or work.
3.3 The CLIENT shall pay to the CONTRACTOR interest at the rate of prime plus 2.5% per month on the balance of the purchase price in arrears.
Any payments made by the CLIENT shall first be allocated to the interest due to the capital.
ACCEPTANCE OF QUOTATION.
QUOTES ARE VALID FOR 15 (Fifteen) DAYS FROM QUOTATION DATE AND IS SUBJECT TO REVISION BASED ON:
- Material prices and availability at the time of placement of order.
- Final inspection and assessment of site and installation environment.
- Special and/or final and detailed requirements by Architect, Engineer, Main Contractor or Client.
- All prices quoted are net and excludes V.A.T.
- The price of this tender excludes the cost of any site related statuary requirements such as safety files and/ or training and/or induction processes and/or special safety equipment and /or plans required by Councils.
- Our prices are subject to escalation based upon the Exchange rate, Industry and CPIX indices within the contract period.
- Delivery is 3-4 weeks from date of confirming order and payment of Deposit.
- Delivery is F.O.R. JHB, to site in Gauteng.
- Our standard terms and conditions of sale and tender apply – Available on request.
- Quotation is valid for 15 (Fifteen) days only.
- Specials and/or beneficiated material may not be returned.
- Installation: ± TBA working days subject to site conditions, requirements and industry breaks.
- We require an uninterrupted supply of mains 230/400 Volt power. We have generator sets @ R 650.00/day should this be required if there is no supply available at the work place.
We require unrestricted and free access to site and/or estate, and hygienic toilet facilities to be provided free of charge for the duration of work.
- No retention monies are provided for in this tender.
- Safe and secure storage of material and tools to be provided by client or main contractor.
Please note that work will only commence on receipt of approved final drawings/plans, proof of deposit and signed Acceptance of Quotation.
Quoted prices exclude the cost of additional work, and/or alterations, and/or stoppages beyond our control which can and will impede the normal processes of our work.
All other work requested verbally or otherwise would be priced additionally at the company’s discretion, given in a written quote and accepted in writing by Architect, Engineer, Main Contractor or Client.
This quote is subject to approval by all directors of Fixtrade 544 (Pty) Ltd t/a Truestyle.
Conditions of payment are strictly:
50% claim/deposit with placement of official order.
50% claim payable on completion of work and/or presentation of invoice and statement.
Payments will only be accepted by electronic funds transfer.
4.1 All undertakings to deliver given by the CONTRACTOR are given in good faith and late deliveries however caused, shall not give right to any claim for damage or consequential loss from any cause whatsoever arising and shall not entitle the CLIENT to cancel the order.
All risk in and to all GOODS sold by the CONTRACTOR to the CLIENT shall pass to the CLIENT upon delivery thereof.
6. LEGAL PROCEEDINGS
6.1 For the purposes of all or any proceedings herein, the CLIENT hereby consents to the jurisdiction of the Magistrates Court in terms of the provisions of Section 28 of the Magistrate’s Court Act.
6.2 In the event of legal proceedings being instituted, the CLIENT undertakes to pay costs on the Attorneys and client scale, collection commission and tracing fees should it become necessary of the CONTRACTOR to trace the CLIENT.
6.3 The CLIENT chooses the delivery address and/or as described in the quotation as its domicillium citandi et executandi.
7. DESIGN RESPONSIBILITY
Where possible, Truestyle endeavours to manufacture to the highest quality standards. Truestyle does not provide engineering certification on In-house design/s by any third party, unless specified by the Client or Customer. All consulting and engineers’ fees will be for the Client or Customer’s account. Engineering fees are to be agreed upon and accepted prior to commencement of the project.
8. DOMICILLIUM CITANDI ET EXECUTANDI
For all purposes of this contract or with regard to any matter arising herein or in connection therewith, the parties hereby choose the addresses as stated in any communication as their respective domicilium citandi et executandi for the giving and sending of any notices or with regard to any proceedings. All notices shall be in writing.
9. WAIVER AND AMENDMENT
9.1 No relaxation or indulgence granted by the CONTRACTOR and no omission by the CONTRACTOR timorously or diligently to enforce any right under the agreement, shall be deemed to amount to a waiver of that or any other right.
9.2 No conditions, terms warranties representations or undertaking not contained herein be binding on the CONTRACTOR unless reduced to writing and signed by an authorized member of the CONTRACTOR.
10. OWNERSHIP AND RESTRICTION OF PURCHASED RIGHTS
10.1 The CLIENT shall not sell, cede, assign, transfer or pledge the GOODS or allow the GOODS to become subject to any lien of whatsoever nature or deliver possession thereof to any other person while any portion of the purchase price remains unpaid.
10.2 The CONTRACTOR shall remain the owner of the GOODS until such time as the full purchase price has been paid by the CLIENT.
11.1 The CONTRACTORS liability is restricted to the repair or replacement of any defective parts arising out of faulty design, materials or workmanship or services, provided that the relevant GOODS have not been subjected to improper use or have they been used for purposes other than intended, and this undertaking by the CONTRACTOR is valid for a period of 3 (three) months from delivery, unless otherwise specified in handover documentation.
11.2 The CONTRACTORS liability is subject to the correct installation and/or use and care of the GOODS by the CLIENT.
11.3 Any interference and/or repairs effected without due authority by the CONTRACTOR will automatically cancel the above mentioned liability.
11.4 The CLIENT will not be entitled to return any GOODS correctly delivered and not faulty. The CONTRACTOR may, as its sole discretion accepts return of GOODS subject to a 10% handling fee.
12 NO REPRESENTATION
12.1 The CLIENT acknowledges that no representations were made by FIXTRADE 544 (PTY) LTD t/a TRUESTYLE in regard to any goods and/or services or any of its duties leading up to the Contract.
12.2 The CLIENT further agrees that neither FIXTRADE 544 (PTY) LTD t/a TRUESTYLE nor any of its employees will be liable for any negligent or innocent representations made to the client.
13 DEPOSIT / PAYMENT POLICIES
13.1 Electronic transfers to: Account name: FIXTRADE 544 (PTY) LTD t/a TRUESTYLE, ABSA Bank Westgate
Acc Number: 4062924432 Branch Code: 632005
13.2 The requested deposit (% of the total payment) in the amount of as per quotation is due and payable on acceptance, where after proof of such payment must be forwarded to FIXTRADE 544 (PTY) LTD t/a TRUESTYLE at (011- 768 1305) Payment of the deposit constitutes acceptance of theseTerms and Conditions.
No supply, installation or work will commence if final inspection, Acceptance of quotation and payment of deposit has not been done.
13.4 The balance amount (% of the total payment) is payable on job completion.
14 SPECIAL CONDITIONS
14.1 Special made items are non-refundable.
14.2 Should any payment be dishonored, the CLIENT will be held liable for all costs incurred to the CONTRACTOR.
15. WHOLE AGREEMENT
This document is the entire agreement between the parties. No variation, amendment or addition to this agreement will be of any force and effect unless reduced to writing and signed by or on behalf of both parties.
By placing an order or accepting any delivery or attaching any signature to a FIXTRADE 544 (PTY) LTD t/a TRUESTYLE document, the client or his proxy irrevocably order the goods and accept all terms and conditions. The CLIENT agrees to pay any invoice in full by the due date, and agree that all the goods remain the sole property of FIXTRADE 544 (PTY) LTD t/a TRUESTYLE, until all payments are in full are received, free and clear by FIXTRADE 544 (PTY) LTD t/a TRUESTYLE bankers. The CLIENT irrevocably agrees that any representative from FIXTRADE 544 (PTY) LTD t/a TRUESTYLE may legally and freely retrieve any or all the goods held in breach of FIXTRADE 544 (PTY) LTD t/a TRUESTYLE’s Terms and Conditions, forthwith and without hindrance by such representative or designates, from any premises, site or location where the goods may be housed and or installed.
FIXTRADE 544 (PTY) LTD t/a TRUESTYLE