- All quotations shall be valid:
• Only if provided in writing; and
• For a period of thirty (30) days from the date thereof.
- A binding contract shall come into existence upon acceptance by the client of COLLLECTIV’s quotation.
- No variation or amendment of these Terms and Conditions shall be applicable or recognised by COLLLECTIV unless expressly agreed to in writing by COLLLECTIV.
- All illustrations, specifications, advertisements, schedules and documents are provided for information purposes only and shall not be binding on COLLLECTIV. Any illustrations, descriptive matter, dimensions and specifications submitted with the quotation are approximate and intended only to present a general idea of the goods described therein, and COLLLECTIV shall not be liable for any loss arising from discrepancies therein.
- All prices quoted and agreed upon are subject to variation upon final measurement and/or site inspection.
- COLLLECTIV shall under no circumstances be responsible for any loss incurred as a result of incorrect information and/or measurements supplied by the client or the client’s agent.
- Ownership of the goods shall not pass to the client until the full purchase price has been paid in full.
- In the event of the client failing to pay any amount on the due date, or retaining any portion of the contract price, COLLLECTIV shall, in addition to any other remedies available to it, be entitled to waive all discounts and charge interest on any outstanding amount at a rate of 2% above the prime commercial overdraft rate charged by First National Bank from time to time.
- COLLLECTIV shall not be liable, whether in contract, delict or otherwise, for any loss or injury arising from or caused by the failure of COLLLECTIV to perform any of its obligations herein, including any loss or injury attributable to any negligent or grossly negligent act or omission on the part of COLLLECTIV or its employees.
- Should any unforeseen problems arise due to the crumbling or non-alignment of walls, or any other unforeseen difficulty in installing the goods, any additional work required to rectify such problems shall be charged to the client as an extra.
- It shall be the sole responsibility of the client to obtain all municipal and/or local government approvals required for the goods, including approved plans where applicable.
- The parties specifically record that the goods supplied do not constitute fixtures.
- Any installation or completion period quoted is intended as an estimate only, and COLLLECTIV shall not be liable for any loss arising directly or indirectly from any delay in the completion of the contract works.
- In the event of COLLLECTIV being required to store any items on behalf of the client pursuant to the execution of the contract works, COLLLECTIV shall be entitled to charge reasonable storage costs. Should the client fail to collect such items from COLLLECTIV after seven (7) days written notice, the client hereby irrevocably authorises and empowers COLLLECTIV to sell such items in order to defray storage costs.
- In the event of the client cancelling the order for any reason whatsoever, COLLLECTIV shall, in addition to its common-law remedies, be entitled to payment of the full contract price.
- The client hereby agrees, at its own cost, to provide all facilities reasonably required to enable COLLLECTIV to carry out the contract works, including electricity, water, toilets, storage facilities and access to the site.
- All payments due in terms of the Contract shall be made free of exchange or set-off to COLLLECTIV at the address referred to above, or such other address as COLLLECTIV may from time to time nominate, within seven (7) days of completion of the installation of the goods.
- In the event of the client failing to make payment of any amount on the due date, COLLLECTIV shall, in its sole and absolute discretion, be entitled to suspend execution of the contract works until such payment has been made.
- Any guarantees provided by COLLLECTIV in respect of the goods shall lapse in the event of any payment not being made by the client on the due date and/or where warranty claims are not received by COLLLECTIV within seven (7) days of the occurrence giving rise to the warranty claim.
- Any snags in respect of the goods shall be advised in writing by the client to COLLLECTIV within seven (7) days of completion of the installation for rectification by COLLLECTIV, failing which no liability shall be accepted for such snags and/or defects, save for those covered by COLLLECTIV’s standard warranty furnished to the client in respect of the goods.
- Any increase in the cost of materials or labour arising after acceptance of the quotation by the client shall be payable by the client in addition to the contract price.
- The client consents to the jurisdiction of the Magistrate’s Court in respect of any action arising out of this contract, and all legal costs incurred by COLLLECTIV in such action shall be payable by the client on the Attorney and Own Client scale.
- No addition to, waiver of any right under, or modification of this contract, quotation or agreement shall be binding on COLLLECTIV unless agreed to in writing by a duly authorised employee of COLLLECTIV.
- The client nominates, for all purposes under this agreement, its domicilium citandi et executandi at the address appearing on the face hereof.
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Terms & Conditions