STANDARD LEAD TIMES: 4-6 WEEKS | CUSTOM ORDERS MAY VARY
Created by nature, crafted by hand.
STANDARD LEAD TIMES: 4-6 WEEKS
STANDARD LEAD TIMES: 4-6 WEEKS | CUSTOM ORDERS MAY VARY
STANDARD LEAD TIMES: 4-6 WEEKS
1.1 In these Terms and Conditions, unless the context clearly indicates a contrary intention, the following expressions bear the meanings assigned to them below and cognate expressions bear corresponding meanings:
“Accepting” means to accept these Terms and Conditions by either, (i) confirming acceptance orally or in writing, (ii) accepting a Quotation and/or Invoice orally or in writing, (iii) by placing an order for Goods, (iv) accepting same when making online purchases, (v) or by effecting payment of the Purchase Price and/or Deposit;
“Business Day” means any day other than a Saturday, Sunday or official public holiday in the Republic of South Africa;
“Company” means Lighouse at Menlo (Registration Number: 2021/610746/07), Lighouse Moederstad (Registration Number: 2025/342868/07), Lighouse Wilderness (Registration Number: 2024/193275/07) and Lighouse at Jozie (Registration Number: 2026/128741/07), as the case may be;
“CPA” means the Consumer Protection Act, Act 68 of 2008, as amended from time to time;
“Custom Order Goods” means Goods designed, manufactured and/or produced according to the specifications, designs and/or reference photographs of the Customer, which Goods are excluded from the Company’s standard range of Goods, as recorded in the Company’s catalogue and/or website;
“Customer” means the entity and/or person who engages and contracts the Company for the manufacture and/or supply of the Goods;
“Customer’s Premises” means the nominated property/premises where the Goods are to be delivered as communicated by the Customer to the Company in writing;
“Delivery Fee” means the fee charged by the Company for the delivery of the Goods to the Customer’s Premises, which fee shall be quoted separately, and shall be payable prior to the delivery of the Goods;
“Deposit” means a non-refundable deposit to be paid by the Customer to the Company in respect of the Goods to be delivered, and more specifically 50% (fifty percent) of the Purchase Price;
“ECTA” means the Electronic Communications and Transactions Act, Act 25 of 2002, as amended from time to time;
“Goods” means, including but not limited to furniture (chairs, tables, bookshelves, display units, sideboards, bed bases, mirrors, scatter cushions et cetera) and related products, including the Customer Order Goods, manufactured and/or supplied by the Company from time to time;
“Invoice” means the invoice rendered and delivered by the Company to the Customer, which invoice will be in line with the relevant Quotation, if applicable, and will amongst others stipulate the following: the date, invoice number, the Customer’s details, payment terms, banking details, amount due and payable, the Delivery Fee and the Goods delivered;
“NCA” means the National Credit Act, Act 34 of 2005, as amended from time to time;
“Parties” means the Customer and the Company collectively, and “Party” shall mean either one of them as the context may require;
“Privacy Policy” means the Company’s privacy policy which stipulates the manner in which the Company will use/process personal information from time to time, which privacy policy is accessible via the Company’s website;
“Purchase Price” means the total price in respect of the Goods to be delivered, as recorded on the applicable Quotation and/or Invoice;
“Quotation” means the quotation furnished by the Company to the Customer, stipulating amongst others the date, document number, the Customer’s details, payment terms, banking details, estimated costs, expenses, the Goods to be delivered, as well as the estimated lead times;
“Terms and Conditions” means these general terms and conditions of sale.
1.2 In these Terms and Conditions, the words “clause” or “clauses” refer to clauses of these Terms and Conditions.
1.3 If any period is referred to by way of reference to a number of days, the days shall be reckoned exclusively of the first and inclusively of the last day unless the last day falls on a day which is not a Business Day, in which case the last day shall be the first Business Day thereafter.
1.4 Where the day on or by which anything is to be done, is not a Business Day, it shall be done on or by the first Business Day thereafter.
1.5 An expression which denotes:
1.5.1 any gender includes the other genders;
1.5.2 a natural person includes a juristic person and vice versa; and
1.5.3 the singular includes the plural and vice versa.
1.6 The use of the word “including” followed by specific examples shall not be construed as limiting the meaning of the general wording preceding it.
1.7 These Terms and Conditions shall be governed by, construed and interpreted in accordance with the laws of the Republic of South Africa.
2.1 Unless specifically and explicitly otherwise agreed to by the Company in writing, only these Terms and Conditions, shall apply to an order for the sale of and/or the delivery of the Goods by the Company to the Customer. This includes that these Terms and Conditions will override and supersede any and all terms and conditions of trade stipulated/advanced by the Customer from time to time, unless specifically and explicitly agreed otherwise by the Company in writing.
3.1 Quotations delivered by the Company shall be valid for acceptance for a period of 7 (seven) days, unless specifically recorded otherwise in writing by the Company.
3.2 The acceptance of Quotations and/or the placing of orders in respect of Goods by the Customer shall not be binding on the Company unless same has been acknowledged and confirmed by the Company in writing. Any and all orders shall be executed at the discretion of the Company and the mere receipt by the Company of an order shall not oblige the Company to supply the Goods.
3.3 The Company reserves the right to adjust prices quoted if the Customer fails to order and/or purchase the volume, nature, scope and/or extent of the Goods originally given as a basis for the applicable Quotation.
3.4 Each separate order for Goods shall, upon confirmation by the Company, constitute a separate contract between the Parties and accordingly any breach by the Company in relation to any one order will not entitle the Customer to terminate and/or vary any other order placed by the Customer.
4.1 The Purchase Price confirmed by the Company, including the Delivery Fee, if applicable, will, subject to clauses 3.1 and 3.2 above and 4.2 below, be based on accepted Quotations, and will be indicated/recorded on the Company’s subsequent Invoices.
4.2 If any of the Company’s costs/expenses in sourcing, delivering and/or manufacturing the Goods to the Customer (i.e. costs of manufacturing, procurement, sales, transport, delivery, etc.) have increased for any reason beyond the Company’s control, or in the ordinary course of the Company’s business, before delivery of the Goods, then the price/s shall be increased by the excess or, if the excess cannot be determined exactly, by a reasonable allowance for it.
4.3 Unless otherwise agreed upon between the Parties in writing, the Customer will reimburse, immediately on demand, the Company’s out of pocket expenses, as indicated in the relevant Quotation and/or Invoice.
5.1 Unless specifically agreed otherwise between the Parties in writing, all prices quoted by the Company from time to time will be deemed to be quoted exclusive of Value Added Tax.
6.1 Prices charged will be strictly net and not subject to any discounts and/or rebates unless otherwise agreed to by the Company in writing, or unless otherwise indicated and/or promoted by the Company from time to time.
6.2 In the event that the Company agreed to grant a settlement, volume, trade or other discount/rebate, such discount/rebate shall only be effectively and formally granted where the Company receives full payment by due date for payment thereof. If the Company does not receive full payment by due date for payment thereof, the settlement or trade discount/rebate shall be regarded as null and void and the Customer shall be liable for payment of the full amount charged.
6.3 The Company may, from time to time, run certain promotions and/or offer Goods at discounted prices/rates. The nature, duration, location, platform (i.e. in-store and/or via the Company’s website) and any other aspect relating to promotion and/or discounted offers lies solely within the discretion of the Company.
6.4 The Customer will be strictly bound by the applicable terms and rules of any promotion and/or discounted offers, and as such, it is specifically recorded that the Company will be under no obligation to alter/adjust its prices/rates at any time during, and/or after, the lapse of the promotion and/or discounted offers period. For the sake of clarity and the avoidance of doubt, the Company is under no obligation to extend the promotional and/or discounted prices/rates to a Customer who failed to place an order for the specific Goods during the promotional and/or discounted offers period.
6.5 The Company may, from time to time, issue coupon codes to Customers as part of its promotional campaigns.
6.6 Coupon codes issued by the Company may have specific conditions, will only be valid for a single use on selected Goods and cannot be combined with, and/or used in conjunction with, other offers.
6.7 Coupon codes shall not be refundable for cash or transferable to a third party.
6.8 Coupon codes cannot be used by a Customer to purchase Custom Order Goods and/or gift cards and is only applicable to orders placed via the Company’s website.
6.9 Gift cards issued by the Company shall not be refundable for cash or transferable to a third party.
6.10 Gift cards issued by the Company shall be valid for 3 (three) years after the applicable issue date.
6.11 Gift cards issued by the Company may have specific conditions, will only be valid for a single use on selected Goods and cannot be combined with, and/or used in conjunction with, other offers.
6.12 Gift cards cannot be used by a Customer to purchase Custom Order Goods.
6.13 It is specifically recorded that the Customer will not be entitled to use any promotional offer, discounted offer, coupon code and/or gift card retrospectively to past/previous orders. In addition, no promotional offer, discounted offer, coupon code and/or gift card may be used in respect of any in progress orders placed prior to the commencement of the promotional offer period (i.e. active orders).
6.14 No promotional offer, discounted offer, coupon code and/or gift card may be used to settle any outstanding balances owed by the Customer to the Company.
6.15 No promotional offer, discounted offer, coupon code and/or gift card may be used as payment of the Delivery Fee associated with the delivery of Goods at the Customer’s Premises.7. PAYMENTS, DEPOSIT AND CHARGES
7.1.1 All amounts owing by the Customer to the Company from time to time shall be paid by the Customer to the Company: i) on or before the due date for payment thereof; ii) via electronic funds transfer into such a bank account as the Company may nominate from time to time; iii) in South African currency free of bank and other charges; and iv) free from any and all deduction, withholding, set-off and/or counterclaim of any nature whatsoever.
7.1.2 In the event of the Customer buying Goods at any of the Company’s stores, payment will be affected in cash and/or by way effecting a card payment using the Company’s point of sale system.
7.1.3 In the event of the Customer buying Goods online, via the Company’s website, the Customer will be required to make payment by means of a secure third-party payment solution.
7.1.4 Unless otherwise directed by the Company and where applicable, the Customer will be required to use the applicable Quotation number for payment reference purposes.
7.1.5 Should any payment not be received by the Company from the Customer by the due date for payment thereof, the Company shall have the option, without prejudice to any of its other rights (albeit in terms of these Terms and Conditions or otherwise), to: i) cancel or suspend further supply of the Goods; ii) by giving written notice thereof to the Customer, to require immediate payment of all amounts owing by the Customer to the Company, whether or not those amounts are actually due; and/or iii) to take any other action it may deem necessary, in accordance with these Terms and Conditions or otherwise at law, until such payment is received.
7.1.6 Any payment to be made by the Customer to the Company shall only be deemed to have been received by the Company once (i) cash has been received by the Company, (ii) the payment has been approved and cleared on the point of sale system, (iii) the online payment has been cleared, and the relevant amount reflects in the Company’s nominated bank account, where applicable.
7.1.7 All payments received by the Company from the Customer from time to time shall be appropriated firstly towards levied interest and thereafter to outstanding capital.
7.1.8 Unless otherwise recorded and agreed by the Company in writing, the Customer shall not withhold or delay payment to the Company for any reason whatsoever and/or at any time whatsoever.
7.2.1 Unless otherwise agreed to by the Company in writing, or unless the Company agrees to a Lay-By transaction as per clause 7.3 below, the Company’s payment terms are strictly “cash on demand”, and as such, Goods will only be made available for collection, or delivered (as the case may be) upon receipt of payment of the total Purchase Price, as recorded on the applicable Quotation or Invoice (as the case may be).
7.2.2 Unless otherwise agreed to by the Company in writing, or unless the Company agrees to a Lay-By transaction as per clause 7.3 below, all orders for Goods will be subject to the Customer making payment of the applicable Deposit, and as such, the Company shall only commence production, manufacturing and/or procurement of any confirmed order, upon actual receipt of the Deposit.
7.2.3 Unless otherwise agreed upon by the Company in writing, all Deposits will be non-refundable. Should the Company agree to refund the Deposit, or portion thereof, the Company will, in its sole discretion and absolute discretion, determine the amount to be refunded.
7.2.4 In the event of the Customer being required to pay the Deposit, the total Purchase Price, or outstanding balance thereof (i.e. 50% (fifty percent) of the Purchase Price) must be paid to and received by the Company prior to the Goods being delivered.
7.3.1 The Company may, in its sole discretion and upon request from the Customer, provide lay-by payment term to the Customer.
7.3.2 Should the Company offer lay-by payment terms to the Customer, the Customer shall pay a deposit of 15% (fifteen percent) of the Purchase Price, and unless otherwise agreed by the Company, the outstanding balance of the Purchase Price must be paid in 3 (three) equal and consecutive monthly instalments.7.3.3 In the event that the Customer terminates/cancels an order for Goods, the Company shall be entitled to charge the Customer a penalty in accordance with the CPA.
7.3.4 Any and all amounts paid by the Customer under a lay-by agreement will, subject to clause 7.3.3 above, be repaid by the Company to the Customer at the termination of the lay-by agreement for any reason whatsoever.
7.3.5 The Company will be obliged to retain the Goods purchased under a lay-by agreement until full payment has been received, until the lay-by period, expires, or until such time as the lay-by agreement is terminated.
7.4.1 In the event of the Customer making any incorrect payments, the Company shall, within 14 (fourteen) Business Days, refund to the Customer the incorrect payment amount, or balance thereof, less the reasonable banking fees/charges incurred by the Company to refund such amounts.
7.4.2 The Company shall, upon written request of the Customer, deliver sufficient proof of the reasonable banking fees/charges incurred, as soon as reasonably practicable.
8.1 A certificate under the hand of any member, shareholder, director and/or manager of the Company (whose appointment need not be proved) as to the existence and the amount of the Customer’s indebtedness to the Company at any time, as to the fact that such amount is due and payable, the amount of interest accrued thereon and as to any other fact, matter or thing relating to the Customer’s indebtedness to the Company, shall be prima facie proof of the contents and the correctness thereof for the purposes of provisional sentence, summary judgment or any other proceedings of whatsoever nature against the Customer in any competent court and shall be valid as a liquid document for such purpose.
9.1 Unless the Company agrees otherwise in writing, or unless otherwise recorded herein, delivery of ordered Goods will occur on the basis of either EXW (Ex Works) or DAP (Delivered and Place) as per Incoterms 2020).
9.2 At the date of the Customer placing an order and the Company accepting such order, the Company will provide the Customer with estimated lead times, and record same on the applicable Quotation and/or Invoice (as the case may be).
9.3 Although delivery schedules/delivery dates and/or estimated lead times may be determined and agreed between the Parties, time shall not be the essence of any order and any and all delivery dates which may be advanced must be (and will be) treated as approximate/estimated only, based on the latest information available to the Company. Under no circumstances shall the Customer be entitled to refuse payment, on account of any delay in delivery or have any claim of any nature whatsoever against the Company arising from late delivery.
9.4 If the Customer fails to take delivery of ordered Goods upon the Company tendering delivery then: i) all risk in and to the Goods shall pass immediately from the Company to the Customer, and ii) the Customer shall refund to the Company, on first demand, the reasonable costs (including storage and insurance) of keeping the Goods during the period of that delay. Notwithstanding the aforesaid, the Company reserves the right to sell the Goods, should same not be collected within 60 (sixty) days from the date upon which the Goods were made available for collection.
9.5 All risk, liability and responsibility in the Goods ordered shall pass to the Customer on either the due delivery date, if the Customer has not yet taken possession of the Goods (refer clause 9.4 above), or on the moment delivery has been completed, whichever occurs first.
9.6 Notwithstanding any other provision to the contrary in any documents exchanged or delivered between or to the Parties, the Company’s obligation to deliver the Goods ordered shall in all instances be subject to the following conditions precedent: i) the availability of Goods ordered and the availability of sufficient manpower and materials/components to manufacture the Goods ordered and/or deliver Goods ordered; and ii) timeous receipt by the Company of any and all specifications and information that may be required by the Company from the Customer.
9.7 It is specifically recorded that the Company will be entitled to charge the Delivery Fee, which fee will be non-refundable once the delivery has been made.9.8 It is specifically recorded that the Company does not pre-pack and/or wrap its Goods for delivery purposes, and as such, should the Customer require the Goods to be wrapped and/or packaged, the Company reserves the right to charge the Customer an additional wrapping/packaging fee. The Customer bears the responsibility to advise the Company in advance, should he/she/it require the Goods to be wrapped and/or packaged. Any additional wrapping/packaging fee will, on request, be included in the applicable Quotation and/or Invoice (as the case may be).
9.9 Notwithstanding the delivery of any Goods to the Customer, ownership and benefit therein shall remain vested in the Company until such a time as the Company has received payment of the full Purchase Price relating thereto.
9.10 The Company reserves the right to repossess any Goods delivered, without prejudice, or to resell such Goods from the Customer’s Premises (or such other premises as the Goods may have been moved to), should payment not be received by the Company in full by due date for payment.
9.11 The Customer will ensure that the Customer’s Premises are accessible to the Company and that the dimensions/size/nature of thereof is suitable for the delivery of the Goods.
10.1 Customers may, as an alternative to the standard delivery option, elect to make use of the shared-load delivery option.
10.2 Goods ordered by Customers and to be delivered through the shared-load delivery option shall only be delivered to the Customer upon the Company having a sufficient load of Goods to be delivered in the Customer’s region.
10.3 When a Customer elects to use the shared-load delivery option, the Company cannot provide an estimated date of delivery or provide any guarantees when the Goods will be delivered.
10.4 The Company shall provide regular updates to the Customer regarding estimated delivery dates as the regional delivery manifest is filled, however the Company shall not be bound by any estimated delivery dates and under no circumstances shall the Customer be entitled to refuse payment, on account of any delay in delivery or have any claim of any nature whatsoever against the Company arising from late delivery.
10.5 Clauses 9.4 – 9.11 above shall also apply to shared-load deliveries.
11.1 Should the Customer instruct a third-party, such as a courier, friend, or family member, to collect the Goods from the Company’s showroom/warehouse, as the case may be, all risk, liability and responsibility in the Goods ordered shall pass to the Customer on the moment the Goods has been collected by that third-party.
12.1 It is noted and agreed that it shall at all times be the sole and absolute responsibility and liability of the Customer to ensure that correct and accurate specifications and descriptions are delivered to the Company with regard to each order. Any document (including order forms, quotations, e-mails, invoices and/or WhatsApp and/or other correspondence, etc.) delivered or transmitted to the Company by the Customer, albeit a signed document or not, referencing the type, quantity, description and/or specifications of Goods ordered, shall serve as: i) absolute proof of the Customer’s agreement with and acceptance of the entire content referenced in such document; and ii) absolute confirmation and agreement by the Customer that the correct Goods have been ordered by it.
12.2 It is noted and agreed that it shall at all times be the sole and absolute responsibility and liability of the Customer to ensure that correct and accurate Goods (as relates to description, type, quantity, specifications, etc.) are delivered to it by the Company. A delivery note, Quotation, Invoice and/or any other document, signed by the Customer or its representative shall serve as: i) absolute proof of the Customer’s agreement with and acceptance of the entire content referenced in such document; and ii) absolute confirmation and agreement by the Customer that the correct Goods have been delivered.
12.3 The Customer wholly indemnifies and undertakes to hold the Company completely harmless with regard to any and all claims, damages, losses, costs, expenses and/or demands the Company may suffer or incur as a result of the Company ordering and/or delivering incorrect Goods based on the communications and/or confirmations made and/or delivered by the Customer.12.4 If Goods or any part thereof are to be supplied or delivered in accordance with any special specifications, instructions or information furnished by the Customer, the Customer shall not have any claim of any nature whatsoever against the Company and the Company shall in no form or manner be liable for any loss, damage, claim, demand and/or cost suffered or incurred by the Customer or anyone else (albeit as a result of death, injury or otherwise) as a result of any error, discrepancy or defect in, or brought about by, those specifications, instructions and/or information.
13.1 The Customer acknowledges that it, or its representative in taking delivery of the Goods, will at all times have a reasonable opportunity to inspect the Goods before the Company’s delivery note, Quotation, Invoice and/or similar document is signed. The inspection will generally be aimed at satisfying the Customer that the Goods delivered: i) are of the type and quality reasonably contemplated by the Parties; and ii) correspond, in all material respects and characteristics, to that which an ordinary alert customer would have been entitled to expect, when considering the descriptions and/or a reasonable examination of any samples presented as basis for the order; and iii) in the case of special-order Goods, reasonably conform to the material specifications of the special-order.
13.2 In the event that The Company’s delivery note is signed, irrespective of whether the right to inspection referenced in clause 13.1 has been exercised or not, it shall be deemed that the Customer is completely aware of and satisfied with the entire nature and extent of the Goods delivered. Subsequently the Customer will, subject to clause 15, have no right or title to return any of the said Goods to the Company based on any of the reasons contemplated in clause 13.1 above. For avoidance of doubt, the Customer shall always have the opportunity to examine the Goods before the Company’s delivery note is signed, albeit via third party representatives or otherwise.
13.3 The Company shall only accept a return of Goods as provided for in terms of clause 15 below, or in circumstances where it is obliged by law to do so.
13.4 In events where the Company’s acceptance of a return or rejection is prescribed and necessitated by law: i) it shall either repair the Goods returned, or replace the Goods returned or refund the Customer the amount/s paid for the Goods, as the law may prescribe, and the costs and risk regarding such a return shall be carried by the Party prescribed to carry such risk and cost in the relevant law.
14.1 The Customer agrees and acknowledges that the colours and/or textures and/or grains of the Goods may differ from the Goods as advertised on the Company website, social media profiles and/or any other platform/medium, as a result of the natural characteristics of the materials used to manufacture the Goods.
14.2 The Customer agrees and acknowledges that wood is a natural product, which may change in form, texture and/or colour depending on exposure to sunlight, moisture and/or other weather conditions. The Company shall, subject to clause 15 below, not allow a return of the Goods based upon any natural variation in colour and/or texture and/or grain or otherwise.
14.3 The Customer agrees and acknowledges that the Goods must only be maintained/cleaned by wiping the Goods with a damp cloth and that any cleaning materials, natural or otherwise, may affect the form, texture and/or colour of the Goods. The Company shall, subject to clause 15 below, not allow a return of the Goods based upon any natural variation in colour and/or texture and/or grain or otherwise, resulting from damage due to cleaning materials, natural or otherwise, being used by the Customer.
14.4 The Customer acknowledges and understands that the Goods are intended for indoor use only, and as such, the Customer hereby indemnifies and keeps the Company harmless from any damages, losses and/or claims which the Customer may suffer due to the Customer’s incorrect use of the Goods.
15.1 The Customer may return the Goods to the Company and receive a full refund of the Purchase Price, subject to any reasonable cancellation penalty that the Company may be entitled to charge (refer clause 21.3), if the Company delivered:
15.1.1 Goods to the Customer arising out of direct marketing and the Customer cancels/terminates the order during the cooling-off period in accordance with the CPA. This clause 15.1.1 does not apply to orders placed via the Company’s website, by email, WhatsApp or any electronic/digital platform.15.1.2 Goods that the Consumer did not have the opportunity to examine before delivery and the Consumer rejects delivery of the Goods in accordance with the CPA.
15.1.3 A mixture of Goods and the Customer has refused delivery of any of those Goods in accordance with the CPA.
15.1.4 Goods intended to satisfy a particular purpose communicated to the Customer, as contemplated in the CPA, and within 10 (ten) business days after delivery to the Customer, the Goods are found unsuitable for that particular purpose.
15.2 Clauses 15.1 does not apply to Goods which have been partially/entirely disassembled, physically altered, permanently installed, affixed, attached, joined or added to, blended or combined with, or embedded within, other goods or property.
15.3 The Company shall not be required to accept the return of Goods for any reason, including for so-called “change of heart” reasons, not specifically provided for in the CPA. Should the Company, in its sole discretion, accept the return of Goods for any reason not specifically provided for in the CPA, the Company shall refund the Customer the Purchase Price, less a reasonable cancelation penalty (refer clause 21.3).
15.4 Goods returnable as outlined above must be returned within the applicable time period, as outlined in the CPA, and shall be returned at the risk and expense of the party responsible, as per the provisions of the CPA.
15.5 In the event that the Customer returns the Goods for the reasons outlined in Section 55 and 56 of the CPA, the Company shall be entitled to repair or replace the Goods or to refund the Customer the Purchase Price.
15.6 The Consumer may terminate/cancel, without reason or penalty, an order for Goods (excluding any Custom Order Goods), placed via the Company’s website, by email, WhatsApp or any electronic/digital platform, within 7 (seven) days of receipt of the Goods. The Company shall be entitled to charge the Consumer for the direct cost of returning the Goods.
16.1 The Customer hereby acknowledge and agree that any and all information provided to the Company is accurate, complete and up to date.
16.2 The Customer herewith confirms that he/she/it read and understood the Company’s Privacy Policy and that same will be binding on him/her/it.
17.1 Save for the warranty delivered in terms of clause 17.2 below, the Company does not deliver or provide any guarantees/warranties of any nature whatsoever with regard to any Goods, except for those that are prescribed by law or which are expressly provided in writing by the Company.
17.2 Unless otherwise agreed to in writing by the Company, the Company herewith provides a 5 (five) year workmanship warranty, applicable under ordinary usage conditions, in respect of the Goods. This warranty excludes any leather or fabric upholstery.
17.3 Any and all guarantees/warranties delivered by the Company shall only cover defects that may develop during proper use, treatment, storage, dispensing and handling of the Goods.
18.1 The Company shall be exempted from and shall not be liable under any circumstances whatsoever for any indirect or consequential damages of any nature whatsoever or any loss of profit or special damages of any nature whatsoever, whether in the contemplation of the Parties or not, which the Customer or anyone else may suffer or incur as a result of any act and/or neglect of the Company, or anyone else, of any nature, scope and/or extent whatsoever and irrespective the cause thereof and/or reason therefore.
18.2 The Company shall be exempted from and shall not be liable under any circumstances whatsoever for any damages of any nature whatsoever (albeit direct damages), including damages arising from any accident, personal injury and/or loss of life, whether in the contemplation of the Parties or not, which the Customer or anyone else may suffer as a result of any act and/or neglect of the Company or anyone else of any nature, scope and/or extent whatsoever, unless same was caused by the wilfully malicious and/or grossly negligent acts and/or neglects of the Company.18.3 The Customer acknowledges that it shall ensure that it is fully acquainted with the condition of all purchased Goods, albeit via third party representatives or otherwise.
18.4 Notwithstanding anything contained herein or elsewhere to the contrary, the Company’s liability toward the Customer, if any, shall never exceed the amount/s actually paid by the Customer to the Company for the relevant Goods to which the specific claim relates.
18.5 The Company shall not be held liable for any damage to or deterioration in the goods due to misuse, abuse or fair wear and tear.
19.1 The Customer shall not have any claims of any nature whatsoever against the Company for any failure by the Company to carry out any of its obligations under an order or these Terms and Conditions as a result of vis major, force majeure, act of God, strike or lockout, shortage of labor or materials, breakdown of machinery, delays in transport, accidents of any kind and default or delay by any sub-contractor or supplier of the Company, riot, political or civil disturbances, the elements, any act of any state or government or any authority and/or any other cause whatsoever beyond the Company’s control.
19.2 The Customer shall not have any claims of any nature whatsoever against the Company for any failure by the Company to carry out any of its obligations under an order or these Terms and Conditions as a result of failure of carriers to furnish facilities for transportation, interference with supplies to the Company from the then existing sources of supply of any Goods, such interference including expropriation, confiscation, nationalization, relinquishment of ownership or control over all or part of the Goods by reason of request of or agreement with any governmental authority to whose jurisdiction the Company is subject or person purporting to act therefore, breakdown of or injuries to the facilities used in the production, transportation, receiving, handling or delivery of such Goods or any allocation programmed or rationing or priorities in effect pursuant to government direction or request or instituted in co-operation with any governmental authority or person purporting to act therefore.
19.3 The Company shall not be required to settle strikes, differences with workmen or government claims by acceding to any demands when in the discretion of the Company it would be inadvisable to accede to such demand. Notwithstanding the provisions of this clause 19, the Customer shall not be relieved of any obligation to make payment in the normal course as stipulated for Goods delivered to it.
19.4 If, for any cause referred to in clauses 19.1 and 19.2 above, the Company’s available supplies of Goods become, or in its opinion will become, unable to meet the requirements of all customers at any time, then the Company shall be entitled to allocate those supplies among its customers (including the Customer and the Customer’s associated and affiliated companies) in such manner it deems fair and equitable in its sole and absolute discretion, and to vary its obligations to the Customer accordingly.
19.5 In the event that the Company is unable to comply with an order, for any reason which the Company did not actually foresee/anticipate, the Company shall be entitled to cancel the order by notice in writing. The Customer shall have no claims regarding such cancelled order and the Company shall not be liable, in any form or manner, for any claims, losses, damages and/or any other negative inferences suffered by anyone as a result thereof.
20.1 If any amount owed by the Customer to the Company, from any cause whatsoever, whether under an order or not, is not paid by the due date for payment then at the Company’s election (and without prejudice to any other rights the Company may have): i) all amounts then owed by the Customer to the Company from any cause whatsoever, shall immediately become due and payable; and/or ii) the Company may retain in its possession any Goods of the Customer until all outstanding amounts have been paid; and/or iii) the Company may retain any payment made by the Customer to the Company prior to the due date of the payment in question.
21.1 The Company may cancel any order or any uncompleted Service for any reason whatsoever, including the following but not restricted thereto: i) if the Customer commits a breach of any of the provisions of these Terms and Conditions; or ii) if the Customer being a partnership, the partnership is terminated; or iii) if the Customer being a legal entity/juristic person, is placed under a provisional or final order of liquidation or business rescue; or iv) if the Customer compromises or attempts to compromise generally with its creditors.21.2 The Customer shall not be entitled to cancel and/or terminate any confirmed order, unless otherwise agreed to by the Company in writing, or unless such cancellation/termination is permitted under applicable law.
21.3 Should the Company agree to the Customer terminating/cancelling any confirmed order, and provided that such order was terminated/canceled prior to the Goods being delivered/collected, the Company will be entitled to levy a 10% (ten percent) cancellation and administration fee/penalty in respect of the total Purchase Price.
21.4 In the event that circumstances recorded in clause 21.3 arise, the Company will be entitled to retain any and all Goods manufactured and/or ordered for delivery/supply, and retake possession of any Goods sold where ownership has not passed.
22.1 If any dispute or difference of any kind whatsoever shall arise between the Customer and the Company in connection with or arising out of an order or these Terms and Conditions, then the matter in dispute or difference shall be referred to arbitration in accordance with the provisions of AFSA (Arbitration Foundation of Southern Africa). The Arbitration shall be held in Pretoria, Republic of South Africa, in English before a single arbitrator and with a view of obtaining an expeditious result.
22.2 The Customer agrees that if any claim against the Customer is handed over to the Company’s attorneys for collection, the Customer shall be responsible for all attorney’s costs incurred by The Company, which costs shall include all collection costs, disbursements and costs on the scale between attorney and own client, inclusive of collection commission.
23.1 It is noted that both the NCA, the CPA and ECTA (amongst other laws) may find application to an order/transaction between the Customer and the Company from time to time. As such, it is confirmed that nothing contained in these Terms and Conditions and/or the Credit Application aims/intends to circumvent the NCA, the CPA or the ECTA in events where it may find application.
23.2 Notwithstanding that stated in 23.1 above, the NCA, the CPA and the ECTA shall only apply to an order/transaction between the Parties where it is specifically provided, via the said Acts, that same applies and then only to the extent that same applies. In no way manner or form is intended that either of these Acts (albeit it in whole or partially) apply voluntarily.
23.3 Hence, for as far as the provisions of these Terms and Conditions and/or the Credit Application contradicts any provision of the CPA, the NCA or the ECTA (or any other law) that apply to an order/transaction between the Company and the Customer, the applicable provision/s of the said law shall prevail in respect of that order/transaction (but only to the extent of the conflict).
24.1.1 It is agreed that each clause and each sub-clause in these Terms and Conditions is severable, the one from the other;
24.1.2 If any clause or sub-clause is found to be defective or unenforceable for any reason by any competent court, the remaining clauses shall continue to be of full and competent force and effect.
24.2.1 These Terms and Conditions, and where applicable, the Credit Application, represent all the terms and conditions pertaining to the sale and delivery of Goods between the Company and the Customer. The Customer warrants that it understands all the terms and conditions and accepts them.
24.2.2 No alteration or variation of these Terms and Conditions shall apply unless the alteration or variation in question is expressly agreed to or issued in writing by the Company.
24.3.1 The Customer and the Company agree to take all reasonable measures to preserve the confidential nature of an order and the Terms and Conditions.
24.4.1 The Customer may not cede or assign its rights or obligations in terms of any order or these Terms and Conditions to any third party without the prior written consent of the Company, which consent shall not be unreasonably withheld.
24.4.2 The Company may cede and assign its rights and obligations in terms of any order or these Terms and Conditions applicable between the Parties (if any)) to any third party without the prior written consent of the Customer.
24.5.1 No relaxation which the Company may give at any time and on any occasion in regard to carrying out of the Customer’s obligations in terms of any order or these Terms and Conditions, shall prejudice or be a waiver of any of the Company’s rights to enforce those obligations on any subsequent occasion.
