TERMS AND CONDITIONS OF SALE AND INSTALLATION FOR INFINITY SECURITY CC T/A SEQURE & GARAGE DOOR GALAXY:
1. ENTIRE CONTRACT
These terms and conditions constitute the entire contract between INFINITY SECURITY CC and the PURCHASER, and may be varied only in writing and signed by the PURCHASER and a duly authorized Director of INFINITY SECURITY CC.
2. PRICES AND DISCOUNTS
The goods are sold by INFINITY SECURITY CC to the PURCHASER at the price quoted in INFINITY’S SECURITY CC quotation (the “CONTRACT PRICE”). The CONTRACT PRICE is inclusive of VAT. The CONTRACT PRICE shall remain firm for acceptance for a period of 14 days where after INFINITY SECURITY CC reserves the right to increase the price without prior notice to the Purchaser. INFINITY SECURITY CC may allow discounts, alternatively rebates, as specifically agreed upon provided that such discounts or rebates shall not be allowed on any goods where payment for same is overdue. The quoted price is based on the prices of material as on the date of issue of the quotation and in some cases subject to changes which do not fall within the control of the supplier. The supplier undertakes to inform the customer of any changes in prices as soon as the supplier becomes aware of same. Orders are binding on the customer once the supplier has ordered the specific size material and the order has been honoured by the supplier (including material already cut to ordered sizes or material already installed), in which case orders cannot be cancelled partially / wholly. Should the customer provide the measurements him/herself, INFINITY SECURITY CC, cannot be held responsible for incorrect sizing of the material. In order to ensure correct measurements, it is advised that INFINITY SECURITY CC takes the measurements. All quotations are based on the assumption that the surface is ready for installation. Should you’re surface not be ready for installation, clear instructions must be given to INFINITY SECURITY CC with regards to the work required to be done or whether furniture have to be moved before and/or after installation. Specific instructions must be brought to the attention of INFINITY SECURITY CC in order to quote on all required work to be done.
3. PAYMENT AND INTEREST
Unless otherwise agreed in writing, payment of the CONTRACT PRICE shall be made before installation, or on delivery of the goods, whichever is applicable. Interest at the rate of 2% per month shall accrue to all overdue amounts. The PURCHASER shall not be entitled to withhold payment of any monies due to INFINITY SECURITY CC in terms of this contract, in the event of a dispute arising between the parties.
4. DELIVERY AND INSTALLATION
Time shall not be the essence of the contract. The PURCHASER acknowledges that the time of the delivery is dependent on the availability of the goods/materials. Any delivery/installation date stipulated for is approximate only. Delivery will be communicated with the Purchaser. Any electrical power required for the installation of the goods shall be provided by the PURCHASER to INFINITY SECURITY CC on request therefore and free of charge. INFINITY SECURITY CC shall in no way be liable in the event that the electrical power installation, relating to the goods, does not conform with Municipal Regulations. If, whilst installing the goods, INFINITY SECURITY CC in its sole and absolute discretion considers that the structure in question or any portion thereof is not suitable for such installation whether by reason of inferior timber, plaster or brickwork or for any reason whatsoever, INFINITY SECURITY CC may call upon the PURCHASER to remedy the position at the latter’s sole cost and expense. In the event of goods being (a) railed or transported by a third party to a destination; or (b) delivered by INFINITY SECURITY CC to site, then delivery shall be deemed to have taken place in the case of (a) at the railway station or place of origin of sending, and in the case of (b), at the destination site. The Purchaser hereby acknowledges delivery of goods/services, in good order. The Purchaser is fully satisfied with the manner, date, time and location of the delivery. The Purchaser confirms that he has inspected the goods, service and that the goods are of a type & quality as ordered. The supplier will not proceed with work until such time as price changes have been communicated and authorization has been obtained to proceed.
5. RISK AND OWNERSHIP
All risk or losses, deterioration and destruction of the goods shall pass to the PURCHACER on delivery thereof. The material, including movable and immovable property, will remain the property of the supplier until such time as all outstanding amounts have been paid by the customer. In the event of the PURCHASER referred to above being sequestrated or liquidated then this clause shall be deemed to be the requisite timeous written notice by INFINITY SECURITY CC to the PURCHASER that INFINITY SECURITY CC reclaims the goods. Should the PURCHASER fail and/or refuse to take delivery of the goods when delivery thereof has been tendered by INFINITY SECURITY CC, then; the risk in the said goods shall immediately pass to the PURCHASER and the PURCHASER shall be liable for the safe storage of such goods.
INFINITY SECURITY CC shall, subject to these terms and conditions and for a period of 6 months calculated from the date of completion, subject to the products being purchased new from INFINITY SECURITY CC, rectify any details in the installation where such defect is due to faulty workmanship on its part or defective materials, on receipt of a written notice to this effect. Repairs or services on products older than 1 year, or that was not purchased from INFINITY SECURITY CC, shall carry a guarantee of 30 days. Such rectification to be carried out during normal working hours. Our products should be installed by persons qualified to do so. Do-it-yourself jobs are not covered by our warranty. To be a valid guarantee claim, the claim must be supported by the clients original invoice.
6. GUARANTEE continued
The guarantees referred to above shall be of no force and effect in the event that: The PURCHASER has failed to make timeous payment for the goods supplied and services rendered; or The installation or the goods themselves have been worked on or in any way tampered with by any persons other than INFINITY SECURITY CC or its duly authorized agents. The following items are expressly excluded from the guarantee referred to above: The warping, shrinking, discoloration or swelling of Timber products; Damage to or the malfunction of automatic operations supplied by INFINITY SECURITY CC as a result of the mechanical failure or otherwise of existing mechanism(s) not supplied by INFINITY SECURITY CC; Transmitter batteries, 12V wet cell batteries and globes for courtesy lights supplied; Damages caused to pc boards due to electrical power surges. No representations or warranties made by INFINITY SECURITY CC, its agents or employees to the PURCHASER, shall be binding on INFINITY SECURITY CC, unless reduced to writing and signed by the PERCHASER and duly authorized by the Director of INFINITY SECURITY CC. The Purchaser will not claim a refund or remedy and accept full responsibility should the goods be damaged due to misuse, abuse, or gross negligence on his part. The Purchaser also accept that these foregoing factors will vitiate their warrantee and/ or guarantee. The Purchaser does however accept that should the goods have a defect, failure or hazard, they will immediately inform INFINITY SECURITY CC and promptly claim for remedy / repair. Pertaining to the fact that INFINITY SECURITY CC has provided warnings and safety instructions in advance. The Warranty Period to repair / replace any defective or damaged goods is 6 Months, provided the products were purchased new from INFINITY SECURITY CC. This does not apply to ordinary wear and tear.
7. LIMITATION OF LIABILITY
Neither INFINITY SECURITY CC nor any of its officers, employees, agents or distributors shall be liable for any loss or damage, whether direct, indirect or otherwise suffered by the PURCHASER, his family and invitees arising from any cause in connection with the delivery and installation of the goods (including but without limitation, any act, omission, neglect or default on the part of INFINITY SECURITY CC employees) whether such loss or damage results from breach of contract, defect, negligence or any other cause without limitation. INFINITY SECURITY CC shall take every care during the carrying out of the installation but shall not be liable for incidental redecoration consequential upon the execution of the work. This does not apply to ordinary wear and tear.
Should the PURCHASER breach any of these items and conditions, INFINITY SECURITY CC shall at its election and without prejudice to any other rights which it might have in law, have the right to: cancel the contract forthwith, with notice to the PURCHASER or abide by the contract and recover from the PURCHASER payment of the balance of the CONTRACT PRICE then outstanding which shall immediately become due and payable.
9. PAYMENT AND INTEREST
INFINITY SECURITY CC may at its option and not withstanding that the amount of its claim exceed the jurisdiction on the Magistrate’s Court, be entitled to institute action out of such a Court. Nothing herein contained shall invalidate INFINITY SECURITY CC rights to proceed in any other Court of competent jurisdiction.
10. ATTORNEY AND OWN CLIENTS COSTS
The PURCHASER shall pay all the legal costs incurred by INFINITY SECURITY CC on an attorney and own client basis including collection commission and tracing agents fees, should INFINITY SECURITY CC take any legal action against the PURCHASER for the enforcement of any of its rights.
11. DOMICILIUM CITANDI ET EXECUTANDI
The Purchaser and INFINITY SECURITY CC hereby choose domicilium citandi et executandi at the addresses stated overleaf.
No contract shall be concluded between INFINITY SECURITY CC and the PURCHASER unless same is reduced to writing on INFINITY SECURITY’S official stationery, made subject to these terms and conditions and signed by a duly authorized representative of INFINITY SECURITY CC. None of our products or fitment methods are waterproof. INFINITY SECURITY CC has the right to cancel this agreement between the parties without prior notice to the Purchaser at their own discretion. All returned goods shall carry a 20% handling fee. If a client wishes to physically see a sample or inspect the product , they must inform INFINITY SECURITY CC before accepting the quotation. The final product that is delivered, may differ from the sample. Notwithstanding that the terms and conditions contained in the PURCHASER’S order may differ from the terms and conditions herein contained, the conditions herein contained shall be the terms and conditions of the contract between the parties. If any of the terms and conditions herein contained shall be invalid, the same shall not invalidate the remainder of the contract; INFINITY SECURITY CC, in its sole and absolute discretion, may appropriate any payment made by the PURCHASER to any indebtedness as may be owned by the PURCHASER to INFINITY SECURTIY CC ; No concession, latitude or indulgence allowed by INFINITY SECURITY CC to the PURCHASER shall be construed as a waiver or abandonment of any of its rights hereunder.