TERMS & CONDITIONS OF SALE, INSTALLATION AND PAYMENT
1. All Deposits are non-refundable once the materials are cut to size for clients structure. It is the customers duty to complete all due diligence prior to placement of order. Delays for installation may occur circumstantially and do not justify refunds unless we deem necessary.
2. In the event of any amount payable by the Purchaser not being paid in full on the due date (day of completion of structure), the account will be handed over immediately to our legal advisors, interest of 2% per calendar month shall be payable by the Purchaser to the Seller. Your details will be given to the Accountability group – you credit status can be affected).
3. The goods ordered herein are made to measure and once this has been accepted it cannot be cancelled or varied in any manner whatsoever, other than in writing and signed by the Purchaser and a director of the seller.
4. In the event of the Purchaser wishing to cancel or vary this order at any time, and providing the Sellers agrees thereto, then the Purchaser agrees and hereby undertakes forthwith to pay all costs already incurred by the Seller in the execution of this order, whether fully or partially completed.
5. The Seller does not undertake any responsibility for obtaining the approval or permission of any authority, local or governmental, which may be required for the erecting or installing of its products nor does the Seller undertake to have plans submitted to such local or governmental authorities, if required. This is entirely the responsibility of the Purchaser and in the event of any such approval or permission being refused, the Purchaser shall not be entitled to cancel or vary this contract on such ground. In the event of a local or governmental authority requiring a storm water connection, or any other plumbing to be installed, in conjunction with the installation of the goods, then the Purchaser undertakes to attend thereto without delay and at his expense.
6. The Seller guarantees its workmanship and quality of Aluminium materials used, having regard to fair wear and tear and furthermore provided a proper and acceptable manner of cleaning is used:
6.1 Against rusting and colour fading from the date of erection or installation – Manufacturer’s warranty life-span of materials – 10 years.
6.2 Against faulty installation for a period of 1 year workmanship from the date of erection or installation;
Provided that the Purchaser shall have notified the Seller in writing by registered post within 14 (fourteen) days of any defect becoming apparent, provided that no other person or company had worked, replaced material or tampered in any way with the structure and provided further that the Purchaser shall have paid in full all amounts owing to the Seller.
7. Whilst every effort will be made by the Seller to prevent rain or water penetrating the goods manufactured and / or erected and / or installed by the Seller, the Seller does not warrant that the goods will be explicitly waterproof and will repair the leaks should it occur as per our Workmanship Guarantee of 1 Year.
8. Waste maintenance (eg. Leaves, debris etc.) of the structure is the responsibility of the client.
9. Any actions or proceedings which the seller may institute against the Purchaser may at the sole option of the Seller be instituted against the Purchaser in any Magistrate’s Court having jurisdiction over the Purchaser, notwithstanding the subject matter of such action or proceedings being beyond the ordinary jurisdiction of such Court and this clause constitutes a consent in writing in terms of Section 45 (1) of the Magistrates Court Act No.32 of 1944 or any statutory modifications or amendment of substitution thereof.
10. The proposed installation date shall not constitute a material term of this contract and any failure by the Seller to adhere to such date shall not entitle the Purchaser to cancel this contract nor relieve him of his obligations hereunder.
11. This contract constitutes the entire contract between the parties and no representation by any person, or variation or amendments to any of the terms or conditions hereof shall be valid and binding on the Seller unless reduced to writing and signed by both parties.
12. Transfer of ownership only passes when payment is made in full. Notwithstanding the reservation of Ownership as aforesaid, all risk of damage, loss or destruction of the goods shall pass to the Purchaser on installation.
13. Website Indemnification You agree to indemnify, defend, and hold harmless Sunset Ct Projects Pty Ltd, its officers, directors, employees, agents, licensor’s and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
14. Warranty Disclaimer (Website) All warranties are handled by the manufacturer. This site and the materials and products on this site are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Sunset Ct Projects Pty Ltd disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Sunset Ct Projects Pty Ltd does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Sunset Ct Projects Pty Ltd does not make any warranties or representations regarding the use of the materials in its web site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.