Terms and Conditions of Sale
Terms and Conditions of Sale
1. All our quotations and services are subject to these terms and conditions. If you agree to our quotation, or make payment to us (partial or full), you confirm that all information in the quotation is correct, and that you understand and accept our quotation and these terms and conditions (E&OE)
2. All blinds are made to measure to fit your windows therefore orders cannot be cancelled once work has started.
3. Best Deco Blinds (PTY Ltd is not responsible for incorrect measurements
4. Unless otherwise specified, this quotation is valid for 30 calendar days, thereafter prices are subject to change.
5. Any delivery dates quoted are estimates and are subject to change.
6. A deposit of 60 to 80% of the quotation amount is required before goods are ordered.
7. Upon receipt of the deposit (reflecting on our bank statement), we will order the goods from the factory. Goods are purpose made to fit your home, and therefore orders cannot be altered, cancelled or refunded. For the same reason, we cannot resell or alter them once ordered, and you therefore become responsible for payment of the full quotation amount upon accepting our quotation. Therefore, please ensure that the quotation is correct.
8. Estimated manufacture periods for local goods are 2-3 weeks, and 3-5 weeks for non local goods. These time periods may be exceeded for various reasons, and we cannot provide a guarantee nor accept liability in this respect. Orders are accepted subject to stock availability, and we shall not be liable in respect of any delays in delivery of the goods ordered. We reserve the right to deliver/ install goods in two or more instalments.
9. Upon our receipt of the goods from the factory, the remaining balance of the quotation amount will be payable before installation or delivery.
10. Delivery shall be completed when we have installed the goods at their destination, or, where you have chosen to collect the goods or have them collected from our premises, when the goods arrive at our premises from our supplier.
11. Notwithstanding the aforesaid of any term in this agreement, installation shall be deemed completed immediately after installation, delivery or signature of our delivery note by you or your representative.
12. Risk transfers to you upon completion of installation or delivery as above.
13. In the event that a courier is engaged on your behalf, it is agreed that the courier acted as your agent.
14. We shall not be liable under any circumstances for any complaint or claim for any shortage in delivery or defect in the goods unless written notice is received by us within 48 hours after installation of the goods.
15. By installing or allowing the goods to be installed, you hereby accept that you have had the opportunity to inspect the goods and that you accept their condition.
16. Ownership of any such goods above shall vest in us until the quotation amount has been paid for in full. We shall be entitled to remove goods installed, at your cost, if payment to us is not made. In such case, you agree to indemnify us from all claims arising here from.
17. Ownership of all goods and services leased from us vests in us at all times.
18. Upon our completion of the project, any defects must be communicated to us within 7 calendar days of our completion, failing which it will be deemed that you have accepted the goods and services.
19. In the event that you choose to collect goods from our premises instead of us delivering them to you, then you agree to indemnify us from theft or damage to the goods while at our premises.
20. A reasonable daily storage fee will be incurred for goods not collected from our premises after 30 days from their arrival.
21. Please note that all blinds are fragile and you agree to operate them correctly and treat them with care. Instruction manuals for various blind systems are available on our website or on request.
22. CHILD SAFETY NOTICE: You hereby certify that children do not have free access to the spaces where these blinds will be installed, and indemnify us from all claims arising herefrom.
23. A statement of account signed by any manager at Best Deco Blinds (Pty) Ltd (whose status and authority shall not need not be proved) containing a statement that the debt is payable, the amount payable, the applicable interest rate, and the date from which such interest is calculated, shall be prima facie proof of all amount owing to us and to third parties, and of the other facts stated therein; and you shall bear the onus of proving that such statement is incorrect.
24. You agree that payment shall only have been made to us when it has been received into our bank account.
25. You shall not be entitled to withhold or set off amounts due to us, for any reason.
26. Goods remain the property of the company until any balance is paid in full. Any balances must be paid in full on the day of the installation or delivery.
27. Interest of 2% per month (alternatively the legislated maximum) will be payable on all amounts owing to us in arrears in excess of 30 days.
28. The price of goods sold to the purchaser is strictly net and not subject to any discounts unless otherwise agreed to in writing. In the event that a discount is agreed to in writing it shall only be allowed if payment is received by Best Deco Blinds (Pty) Ltd strictly by the due date and shall only apply to the actual price of the goods themselves and not to any value added tax, transport costs, installation charges, insurance storage charges or other duties or taxes.
29. All payments are to be made without deduction of any kind and will be free of exchange, bank costs and other charges and will be paid at the address reflected on the face hereof, or such other address as Best Deco Blinds (Pty) Ltd may elect from time to time in writing.
30. If at any time payment is not made on due date, or if the purchaser’s credit limit with Best Deco Blinds (Pty) Ltd has been exceeded then, without prejudice to any other legal remedy which we may have in law, Best Deco Blinds (Pty) Ltd may:
1. charge interest on the amount due at the bank prime rate, which shall mean the prime overdraft rate charged by our bankers to members of the private sector on unsecured overdraft facilities; and/or
2. without prior notice, defer further deliveries or performance in terms of this agreement until payment is made; and/or
3. upon written notice forthwith cancel the remainder of the agreement and recover from the purchaser all the monies then due or owing by the purchaser for goods already delivered and payment for such damages as Best Deco Blinds (Pty) Ltd may have sustained.
31. You may not sell, cede, assign, delegate or in any other way alienate or dispose of any of your rights and obligations in terms of this Agreement without our prior express written approval. We shall be entitled to sell, cede, assign, delegate, alienate, dispose of or transfer any or all of our rights and obligations in terms of this Agreement to any third party without your consent, and without notice to you.
32. We reserve the right to amend our terms and conditions, prices and other policy documents from time to time on written notice to you, or by publishing any new version of the Agreement on our Website.
33. Any new version of this Agreement published on our website will become effective 30 days after the date on which it is first published. It is your obligation to visit our Website on a regular basis in order to determine whether any amendments have been made.
34. Any change in terms of this clause does not cancel your agreement with us.
35. Please note that, in this age, every business uses customer information, and your consent in terms of the Protection of Personal Information Act (“POPI”) is therefore required. You therefore consent to our use and processing of your personal information in terms of POPI.
36. You further consent that we may obtain credit reports on you from the credit bureaus.
37. The Surety named in this and all other agreements with us, signs as surety and co-principal debtor for the due fulfilment of your obligations to Best Deco Blinds (Pty) Ltd.
38. You warrant that all the information furnished to us by you or on your behalf is correct, and that you shall forthwith notify us in writing of any changes in this information.
39. You warrant that you are not commercially insolvent, that your assets exceed your liabilities, that credit, if any, granted by us has not in any manner or form been extended recklessly, and that you are not over-indebted.
40. The Customer acknowledges that the time for delivery and/or installation of the Goods is dependent upon the availability of component goods/materials, production scheduling/capacity and is subject to installers work schedules. Accordingly, any delivery and/or installation date specified in the quotation is an estimate only and Best Deco Blinds (Pty) Ltd shall not be bound by that date, but will make reasonable efforts to deliver and/or install the Goods by that date. If no delivery and/or installation date is stipulated in the quotation then Best Deco Blinds (Pty) Ltd will deliver and/or install the Goods as soon as it can conveniently do so. THE CUSTOMER SHALL NOT HAVE ANY CLAIM OF ANY NATURE WHATSOEVER AGAINST Best Deco Blinds (Pty) Ltd ARISING FROM LATE DELIVERY AND/OR INSTALLATION.
41. Any electrical power required for installation of the Goods shall be provided by the Customer to Best Deco Blinds (Pty) Ltd on request therefore and free of charge. Best Deco Blinds (Pty) Ltd shall in no way be liable in the event that the electrical power required to install the Goods, does not conform with Municipal Regulations.
42. The seller shall not be liable to the purchaser for any damages that may be caused to the premises by reason of the removal and/or repossession of the goods by the seller as aforesaid. Until the purchaser has paid the amount due by him to the seller in full the purchaser hereby appoints the seller as his agent irrevocably to effect the removal and repossession.
43. If whilst installing the Goods, Best Deco Blinds (Pty) Ltd in its sole and absolute discretion considers that the building or structure into which the Goods are being installed or any portion thereof is not suitable for such installation whether by reason of inferior timber, plaster or brickwork or for any reason whatsoever Best Deco Blinds (Pty) Ltd may call upon the Customer to remedy the position at the latter’s sole cost and expense. THE CUSTOMER SHALL NOT HAVE ANY CLAIM OF ANY NATURE WHATSOEVER AGAINST Best Deco Blinds (Pty) Ltd AND THE CUSTOMER HEREBY INDEMNIFIES AND HOLDS Best Deco Blinds (Pty) Ltd
HARMLESS AGAINST ALL ANY CLAIMS WHICH MAY BE MADE AGAINST IT ARISING OUT OF ANY FAILURE IN THE GOODS OR DEFECT THEREIN OR DEFECTIVE INSTALLATION THEREOF ATTRIBUTABLE TO ANY DEFECT IN THE BUILDING OR STRUCTURE INTO WHICH THE GOODS ARE BEING INSTALLED OR ANY PORTION THEREOF OR AS A RESULT OF A DEFECT IN THE WORK CARRIED OUT IN RELATION THERETO BY THE CUSTOMER IN TERMS OF THIS CLAUSE
44. Where the Goods are installed by the Customer itself or sold by the Customer to a third party for installation, the Customer shall be responsible for ensuring that the installation is carried out.by properly trained workmen. THE CUSTOMER SHALL NOT HAVE ANY CLAIM OF ANY NATURE WHATSOEVER AGAINST Best Deco Blinds (Pty) Ltd ARISING FROM DEFECTIVE INSTALLATION OF THE GOODS AND THE CUSTOMER HEREBY INDEMNIFIES AND HOLDS Best Deco Blinds (Pty) Ltd HARMLESS AGAINST ALL ANY CLAIMS WHICH MAY BE MADE AGAINST IT ARISING OUT OF THE DEFECTIVE INSTALLATION OF THE GOODS AS PROVIDED FOR IN THIS CLAUSE
45. Installation of goods may require drilling or removal of building material and resultant defacing of painted areas. You warrant that the locations in which you instruct us to install goods are capable of supporting such goods and are free from pipes, electrical wiring and other sub-surface installations, and indemnify us from any claims arising here from.
46. Best Deco Blinds (PTY)Ltd is not responsible for any fracture or cracks in walls or tiles caused by drilling.
47. The seller does not undertake:
any responsibility for obtaining the approval or permission of any authority, local or government, which may be required for the erection or installation of the goods.
to have plans (if required) submitted to such local or government authority.
Where the purchaser has so requested and the seller has agreed to install or erect the goods prior to such approval or permission being granted, and should it subsequently transpire that such approval or permission be refused, for whatever reason, the purchaser hereby agrees that in such event he shall not be entitled to cancel vary this contract on such ground and shall remain obliged to pay the seller the full purchase price in respect thereof. The purchaser furthermore hereby indemnifies the seller in respect of all and any claim which may be made against the seller arising from the installation or erection of the goods without the prior approval or permission referred to aforesaid being had and obtained.
Where, at the request of the purchaser, the seller makes application to the relevant authority for the necessary approval or permission on the purchasers
behalf (including the preparation and submission of plans) the purchaser hereby agrees upon demand, to pay the seller all and any costs and expense incurred by the seller in so doing, whether or not such approval or permission be granted or such plans be passed.
48. Blinds are a shade system. They are not waterproof products and should not be treated as such.
49. If you are ordering goods or services from us on behalf of another person (juristic or otherwise) then you warrant that you are duly authorised to do so, and accept personal liability in the event that said person denies any obligation under this agreement.
50. Our liability to you for any reason is limited to the full extent permitted by law. You agree to indemnify us for any lost profits, revenues, information or data; consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to this Agreement.
51. All warranties on our goods are carry-in warranties – this means that you are responsible for returning the goods to our store. We can assist with dismantling and collecting goods on request, but at a cost to you according to our usual transport and labour rates.
52. Blinds carry 2-year warranty by the manufacturing company. Normal wear and tear and environmental damage excluded. Detailed warranty information will be made available on our website
53. We (including any third party for which we are responsible) will not be responsible for any loss resulting from, inter alia: any circumstances beyond our control, cybercrime, mistakes, omissions, uncontrollable natural forces in operation, strikes or labour disputes, riot, civil commotion or unrest, any type of restriction imposed (or action taken) by a government or statutory authority or any other third party; any service interruption, delay, power cuts, failure or malfunction in any equipment, electronic data terminal, network or other system.
54. To the fullest extent permitted by law, we also disclaim all warranties be they explicit or implied, including but not limited to implied warranties of fitness for a particular purpose, title, and non-infringement.
55. Our liability to you shall be limited to an amount equivalent to the proportionate value you paid for the goods or services.
56. You may not cede or transfer any of your rights or obligations (duties) in this Agreement without our prior written consent.
57. Notwithstanding termination of this agreement, you shall be liable to pay for all good and services provided.
58. Should either Party commit a breach of any provisions of this agreement and fail to remedy such breach within 10 days of receiving written notice from the aggrieved Party requiring it to remedy the breach, then the aggrieved Party shall be entitled, without prejudice to its other rights in law,
to cancel this agreement or to claim specific performance without prejudice to its right to claim damages.
59. If you fail to pay any amount under this agreement on due date, then we shall be entitled without prejudice to any of our rights to suspend the Services in whole or in part.
60. Notwithstanding anything to the contrary in this Agreement, Best Deco Blinds (Pty) Ltd shall be entitled to cancel this Agreement forthwith, without notice and without prejudice to any other rights as to damages or specific performance or otherwise which it may have at law if the Customer: is provisionally or finally sequestrated, compromises or attempts to compromise with any creditor, commits any act of insolvency, or misrepresents or conceals any fact or matter concerning or incidental to this Agreement.
61. Should the purchaser breach any of these Conditions of Sale, the seller shall at its election and without prejudice to any other rights which the seller may have in law have the right to:
cancel the contract without prior notice to the purchaser, remove and repossess the goods and recover all damages which the seller may have suffered consequent upon such cancellations; or
abide by the contract and recover from the purchaser payment of the balance of the purchase price then outstanding which will immediately become due and payable.
62. Best Deco Blinds (Pty) Ltd shall not be liable in any way for any damage, loss, cost or expense arising out of or in connection with any delay, restriction, interference or failure in performing any obligation towards the Customer caused by any circumstance beyond its reasonable control, including, without limitation, acts of God, laws and regulations, administrative measures, orders or decrees of any court, earthquake, hood, re, explosion, war, terrorism, riot, sabotage, accident, epidemic, strike, lockout, slowdown, labour disturbances, difficulty in obtaining necessary labour or raw materials, lack of or failure of transportation, breakdown of plant or essential machinery, emergency repair or maintenance, breakdown or shortage of utilities, delay in delivery or defects in the Goods supplied by suppliers or subcontractors (“Force Majeure”).
63. Upon the occurrence of any event of Force Majeure, Best Deco Blinds (Pty) Ltd shall promptly inform the Customer by written notice thereof specifying the cause of the event and how it will affect its performance of its obligations. In the event of any delay, the estimated delivery date shall be the first day following the period after which the Force Majeure event terminates. However, should a Force Majeure event continue or be expected to continue for a period exceeding 30 (thirty) after the estimated delivery and/or installation date, either party is entitled to cancel the affected part of the order without any liability to the other party.
64. “Agreement” – These terms and conditions as read together with the schedule of the face hereof;
65. “Day” means a calendar day;
66. “Juristic Person” means a company or close corporation and includes a body corporate, partnership, association or trust;
67. “Services” – means the services we provide to you, including but not limited to delivery and installation;
68. “You” or “your” or “Customer” means the person whose details appear on the face hereof, and includes the Surety;
69. “Surety” means the natural person who signs surety for the person contracting with us;
70. “Website” means www.bdblinds.co.za;
71. “Written notice/in writing” means notification in any tangible or electronic or printed form including email messages.
72. “Uncontrollable Event” means (including without limitation) any fire, flood, earthquake, elements of nature or acts of God, riots, civil disorders, rebellions or revolutions in any country or any other cause beyond the reasonable control of Best Deco Blinds (Pty) Ltd including the termination or suspension of a service or product provided by a third party suppliers, that may result in a delay or a failure to provide any product or service; and
73. The headings of the paragraphs are for the purposes of convenience and reference only and shall not be used in the interpretation of nor modify nor amplify the terms of this agreement or any paragraph hereof.
74. Unless a contrary intention clearly appears, words importing –
any one gender include the other gender;
the singular includes the plural and vice versa; and
natural persons include created entities (corporate or unincorporated) and the State and vice versa.
75. Unless the context clearly indicates otherwise, the terms defined herein shall throughout this agreement have the meanings assigned to them, and cognate expressions shall have corresponding meanings. If any provision in a definition is a substantive provision conferring rights or imposing obligations on any Party, effect shall be given to it as if it were a substantive provision of this agreement.
76. Where any term is defined within the context of any particular paragraph in this agreement, the term so defined, unless it is clear from the paragraph in question that the term so defined has limited application to the relevant paragraph, shall bear the same meaning as ascribed to it for all purposes in terms of this agreement.
77. A reference to “this/the agreement” includes all Annexures and Schedules. Except where the contrary is indicated, any reference in this agreement to this agreement or any other document shall be construed as a reference to this agreement or the relevant document as amended, varied, novated or supplemented.
78. Any reference in this agreement to “date of signature” shall be read as meaning a reference to the date of the last signature to this agreement.
79. The use of the word “including”, “include” or any derivative thereof followed by a specific example or examples shall not be construed as limiting the meaning of the general wording preceding it.
80. When any number of days are prescribed in this agreement, same shall be reckoned exclusively of the first and inclusively of the last day unless the last day falls on a Saturday, Sunday or public holiday, in which case the last day shall be the next succeeding day which is not a Saturday, Sunday or public holiday.
81. Where figures are referred to in numerals and in words, if there is any conflict between the two, the words shall prevail unless the context clearly indicates otherwise.
82. A reference to any legislation or legislative provision includes any statutory modification or re-enactment of, or legislative provision substituted for, and any rules, regulations or notices issued under that legislation or legislative provision.
83. The parties agree that the validity, interpretation and/or enforcement of this agreement will be governed by the laws of the Republic of South Africa.
84. The rights, powers and remedies provided in this agreement are cumulative with and not exclusive of the rights, powers or remedies provided by law independently of this agreement unless such rights, powers or remedies are expressly excluded.
85. The expiration or termination of this agreement shall not affect such of the provisions of this agreement as expressly provide that they will operate after any such expiration or termination or which of necessity must continue to have effect after such expiration or termination, notwithstanding that the paragraphs themselves do not expressly provide for this.
86. The rule of construction that the contract shall be interpreted against the Party responsible for the drafting or preparation of the agreement, shall not apply.
87. Should any Annexures or Schedules attached to this agreement deviate from or be at variance with the provisions of the main part of the agreement, the latter shall prevail unless specific reference is made to such deviation on the said Annexure or Schedule citing the paragraph of the main part of the agreement that is amended by such deviation.
88. You nominate the address you provide to us for installation, whether by filling in our form or by communicating it to us otherwise, or that we fill in for you on our quotation, as your domicilium citandi et executandi for all purposes in connection with this agreement at the physical addresses and email addresses set forth on the face hereof.
89. The agreement constitutes the entire agreement between the parties in regards to the subject matter thereof. Neither party shall be bound by any representation, express nor implied term, promise or the like not recorded herein or reduced to writing and signed by the parties or their representatives. No addition or variation of this agreement shall be of any force or effect unless in writing and signed by or on behalf of the parties.
90. No indulgence that we may grant to you shall constitute a waiver of any of our rights.
91. South African law shall apply to this Agreement.
92. Should any provision of this agreement, or part thereof, be invalid, then it shall be severable from the rest of the agreement, without invalidating the rest of this agreement.
93. The parties consent to the jurisdiction of the Magistrate’s Court in terms of section 28 of the Magistrates Court Act 32 of 1944, notwithstanding that any amount in dispute may exceed the monetary jurisdiction of said court; and provided that Best Deco Blinds (Pty) Ltd shall be entitled to elect to proceed in the High Court at its sole discretion.
94. In the event that Best Deco Blinds (Pty) Ltd institutes legal action in terms of this agreement, you agree to be liable for Best Deco Blinds (Pty) Ltd legal costs on the attorney-and-own-client scale.
95. Neither party shall be bound by any express or implied term, representation, warranty, promise or the like not recorded herein.
96. No addition to, variation, or agreed cancellation of this agreement shall be of any force or effect unless in writing and signed by or on behalf of the parties.
97. The relevant Product/Service Specific Terms will apply if there is any conflict between them and the Terms in this agreement.
98. If Best Deco Blinds (Pty) Ltd is prevented or restricted directly or indirectly from carrying out all or any of its obligations under this agreement due to any reason or cause beyond their control of Best Deco Blinds (Pty) Ltd or by reason or force majeure, Best Deco Blinds (Pty) Ltd shall be relieved of their obligations in terms of this agreement during such period.