TERMS AND CONDITIONS
STANDARD TERMS AND CONDITIONS
BRUTES AIR SOLUTIONS (PTY) LTD
REGISTRATION NUMBER: 2007/033349/07
1.1 These terms and conditions are applicable to all sales and services of any goods and services done by Brutes Air Solutions to any customer.
1.2 These terms and conditions form part of the sale of any goods, which includes part or components.
1.3 These terms and conditions form part of any services rendered to the Customer.
1.4 The clauses contained herein are seen as an attachment to the Sale or Service Agreement, Quotation and Invoice and directly forms part thereof.
2.1 “Agreement” means the particular sale or service agreement to which these
terms and conditions form part of.
2.2 “Commencement date” means the date on which the sale or service agreement,
quotation or invoice is signed or accepted.
2.3 “Consumer Protection Act” means Act 68 of 2008.
2.4 “BRUTES” means BRUTES AIR SOLUTIONS (PTY) LTD the company with Reg.
2.5 “Customer” means the person or entity which concludes the sale or service agreement, or acceptance of any quote and invoice to which these Terms and Conditions form part of.
2.6 “Due Date” means the date on which any amount for any reason must be paid as described in the Terms and Conditions, invoice or quotation from BRUTES or any sale and service agreement.
2.7 “Goods” means but not limited to any machinery, compressors, generator, parts of any kind and consumables.
2.8 “Rate of Exchange” means the percentage rate applicable on purchase of goods/parts/tools, from time to time, which is the value of one currency for the purpose of conversion to another.
3. CONTRACT PRICE
Unless otherwise agreed in writing, the contractual price of the service to be rendered or already rendered or the purchase price of goods of any kind shall be determined by Brutes’ standard rates and charges or purchase price, applicable at the time the work or service is rendered, or sale of any goods.
4.1 The payment of all work or service or purchases shall be paid by
electronic transfer or unless otherwise agreed to in writing with Brutes’ CEO
directly and in writing.
4.2 Payments under a service agreement shall be paid in advance by no later than the 5th day of every month.
4.3 Payments of all services or goods sold by Brutes is on a COD
(Cash on Delivery) basis, or immediately after the work is completed, unless specifically agreed and confirmed in writing with Brutes’ CEO for payment on strictly 30 (thirty) days after delivery of invoice/statement, and Brutes may request deposits prior to any order or services, payable immediately upon request of deposit.
4.4 Any amount not paid by the customer on due date shall bear interest at the maximum rate relating to loans in terms of any notice promulgated under Section 2 and 18 of the Usury Act 1968, or any applicable replacement legislation. Such interest shall be due from date on which payment falls due until such date on which payment is received by Brutes.
4.5 All goods or parts sold and delivered by Brutes remains the property of Brutes until paid for in full.
4.6 All prices quoted are nett prices, unless otherwise stated in writing, and therefore excludes VAT.
4.7 All goods to be sold or services to be rendered with a request from Brutes for any percentage deposit, is payable upfront unless otherwise agreed to in writing and it is recorded that if the agreement/contract with Brutes is cancelled by the Customer for any reason, then Brutes is entitled to keep the deposit for its expenses and time spent on the order or project.
5.1 If any services are to be performed at Brutes’ premises, then the customer will, at its own costs and expenses, deliver the article/goods to be repaired or on which the work is to be carried out, to Brutes at its premises and at completion of work, collect the article/goods from Brutes’ premises.
5.2 Brutes shall not be liable for any reason, nor for any delay on delivery and/or
collection of any article/goods not performed by the customer.
5.3 Should the customer request Brutes to uplift, transport or deliver any goods/article, then Brutes shall quote for the necessary but is not liable for any damages caused during transportation and the customer shall arrange the necessary insurance for transportation of the goods.
5.4 Should the customer request Brutes to arrange insurance of the transportation, Brutes will quote on the costs thereof and the costs of insurance must be paid upon request from Brutes payable to Brutes, without delay.
5.5 Brutes shall not be strictly bound by any date agreed upon in the contract for completion of work/services/sales but shall make all reasonable efforts to complete the work/services/sales by such date.
5.3 Any freight/transportation charges are for the Customer’s account unless arranged otherwise in writing with the CEO at Brutes.
All or any part of the work/services/sales carried out by Brutes may be carried out by it or on its behalf by any agent or sub-contractor appointed by Brutes and these terms and conditions shall apply thereto.
7.1 Brutes shall be exempt from and shall not be liable under any circumstances for:
7.1.1 Conventional damage or any indirect or consequential damages of any nature or any loss of profits or either special damages of any nature which the customer may suffer as a result of any non-performance by Brutes or any of its obligations under the contract/quotation/invoice which was not reasonably foreseeable by Brutes.
7.1.2 Any loss of or damage to any property of the customer, whether the work/services or goods have been carried out or delivered to the customer’s property or whether delivered or collected by Brutes which was not reasonably foreseeable.
7.1.3 Any loss or damage, which may have arisen on the part of Brutes, its Employees, Agents or Sub-Contractors unless the loss or damages is due to gross negligence.
7.2 The provisions of paragraph 7.1 above are for the benefit of Brutes and its Employees, Agents and Sub-Contractors, and they shall each be exempted accordingly.
7.3 Any claim of any nature for the work/services done or goods delivered/sold by Brutes must be made in writing within 10 (ten) days from date of delivery of goods or work/services performed, otherwise the claim will not be entertained by Brutes, unless otherwise stated in any other written agreement or warranty signed by Brutes and consented thereto in writing by the CEO of Brutes.
7.4 It is specifically agreed by the customer that all work shall be collected within (90) ninety days after completion, and any item not so collected or arranged to be delivered at the expiry of this period may be disposed of by Brutes without notice to the customer to defray the costs of work.
7.5 Subject to any express warranty or guarantee given by Brutes in writing and which is intended by Brutes to form part of the contract/quotation/invoice, Brutes does not:
7.5.1 Provide any warranty or guarantee or make any representations whatsoever in respect of any work/services carried out by it or any goods sold, or any parts or components supplied by it in connection with the work/services;
7.5.2 Accept any liability for any latent or other defect in any parts or components or goods referred to in 7.5.1 above.
7.6 The Customer shall not have any claim of any nature whatsoever against Brutes for any failure by Brutes to carry out any or all of its obligations under the contract/quotation/invoice where such failure is caused either directly or indirectly or partly by any circumstances which are beyond the reasonable control of Brutes.
8. CUSTOMER ACCOUNTS
8.1 If any amount due by the customer to Brutes from any cause whatsoever, including deposits, whether under a contract/quotation/invoice or not, is not paid on due date, then without prejudice to any other rights which Brutes may have in law, Brutes may:
8.1.1 proceed to recover all amounts then owed to it by the customer from any cause whatever (and whether under this contract or not), even if payment is not yet due but requested by Brutes;
8.1.2 retain in its possession of any goods of the customer until all these amounts have been paid;
8.1.3 until payment is made, suspend the carrying out of any of its then uncompleted obligations from any cause whatever and whether under the contract or not; or
8.1.4 terminate any credit facilities granted to the customer, whether under this contract or not, or terminate the contract.
8.2 No relaxation, which Brutes may permit at any item in regard to carrying out, of the terms of contract, shall prejudice or be a waiver of any of Brutes’ rights under a contract/invoice/quotation.
The customer hereby agrees that the company shall be entitled, but not obliged, to institute any proceedings arising directly or indirectly out of a contract /invoice /quotation in any Magistrate’s Court having jurisdiction in terms of the Magistrate’s Court Act as amended and the customer consents to the jurisdiction.
10. DISMANTLING AND QUOTING
In the event of it being necessary to strip and/or dismantle any equipment/goods in order to prepare a quotation for repairs, the following conditions shall apply:
10.1 Brutes shall be entitled to dismantle the equipment to such an extent as it may deem necessary in order to prepare the said quotation;
10.2 The customer shall be liable for all costs incurred by Brutes in dismantling the said equipment and which shall be charged at Brutes’ current rates; and
10.3 In the event of customer not accepting Brutes’ quotation, the customer shall remove the goods/equipment in stripped down condition, provided that customer shall only be permitted to remove equipment/goods once payment has been made to Brutes, of its reasonable expenses.
10.4 Should the equipment/goods be dismantled on the customer’s premises, then a
basic fee on Brutes’ current rates must be paid beforehand and immediately upon request.
Should the customer not collect any item/goods/parts/equipment at an appropriate time or on confirmation from Brutes that the goods are ready to collect, or should Brutes for any reason store the goods, or such goods are being retained due to non-payment, Brutes shall not be liable for any loss or damage to the goods of any nature or reason, including negligence of Brutes or its Employees, Agents or Sub-Contractors. Brutes shall be entitled to levy reasonable storage charges as well as any other charges incurred in the preservation of the goods.
12. PARTS, GOODS AND EQUIPMENT SALES
12.1 In the event of the customer purchasing parts, goods or equipment from Brutes, is it expressly agreed that Brutes provides no warranty that the parts, goods or equipment supplied will be fit for the purpose for which they may be intended by the customer, unless installed or supplied by an authorized Brutes representative that has full knowledge of the customer’s requirements, in which event the warranty will be in full force as provided in writing by Brutes.
12.2 Brutes shall not be liable for any loss or damage for any reason caused by parts or goods failure where parts are sold to any customer and are thereafter fitted to any equipment by the customer or third party and not fitted by a Brutes representative.
13. RATE OF EXCHANGE
Brutes reserves the right to adjust the base price of the imported component of material/goods/parts/tools should the Exchange rate vary more than 10% during the year.
14. LOSS OR DAMAGE
Brutes shall not be responsible for any loss or damage whatsoever caused, which is suffered by the customer in respect of any item, goods or equipment left or deposited at the customer’s premises or whilst such item/goods or equipment is under Brutes’ control or on its premises or the premises an any Employee, Agent or Sub-Contractor of Brutes for the purpose of performing its work/services and furthermore in the event of negligence by Brutes, its Employees, Agents and Sub-Contractors.
15. OTHER CONTRACTS
Customer agrees that it will be bound by such further terms and conditions, which may appear on further individual contracts/invoices or quotations entered into or signed. In the event that there is conflict between these Standard Terms and Conditions and an individual contract, then these Standard Terms and Conditions shall govern the relationship between Brutes and the Customer.
16. DOMICILIUM CITANDI ET EXECUTANDI
The Customer hereby selects and nominates the address given to Brutes on documents as its Domicilium Citandi Et Executandi address for service of all notices and processes in connection of any claim arising.
The Customer agrees that if it is in breach of any of the terms and conditions hereof and Brutes instructs its Attorney to take any steps against it to enforce Brutes’ rights, then the customer shall be liable for and shall pay all legal costs and expenses so incurred by Brutes, which costs will be on attorney and own client scale, whether or not court proceedings may have been instituted.
18. CUSTOMER ACKNOWLEDGEMENTS
18.1 Customer acknowledges that any instruction for goods or service supplied or done by Brutes was at its own free will and was not forced or intimidated or pressured by Brutes or its agents to conclude the contract or instruction.
18.2 Customer acknowledges that Brutes has given an estimation that satisfied the requirements, authorised the work/services, and pre-authorised any charges as agreed in the quotation or any document.
18.3 Customer acknowledges that as stipulated in paragraph 10, Brutes has disclosed the price/fee to diagnose the problem to give a quote.
18.4 Customer acknowledges that no direct marketing was done by Brutes and therefore no cooling-off period is applicable.
18.5 The Customer hereby confirms that he/she /it had reasonable opportunity to examine the goods or equipment stipulated overleaf and confirms that the goods or equipment in all material respects and characteristics correspond to that which and ordinary alert consumer would have been entitled to expect based on the description and/or by a reasonable examination of the goods.
18.6 The customer further confirms that Brutes has referred him/her to sales and promotional material of the manufacturer including specifications of the goods or equipment and that the customer was informed of what the goods or equipment is capable of, based on the sales and promotional material, which was supplied or made available to the Customer.
18.7 The Customer declares and confirms that he/she has examined the goods or equipment and confirms that the goods or equipment is of good quality, in good working order and free of any defects.
18.8 The Customer declares and confirms further that he/she had the opportunity to examine the goods or equipment and that the Customer was satisfied that the goods or equipment would be useable and durable for the reasonable period of time having regard to the manufacturer’s instructions and service requirements and on condition that the goods or equipment will be utilized for the purpose for which it was manufactured.
18.9 Customer acknowledges that if he/she/it did not ask immediately after service or goods or equipment is replaced to see those replaced parts or components and to keep it, then Brutes will dispose of the goods and components or equipment within two days from service.
18.10 The Customer acknowledges that the goods or equipment sold by Brutes is per se dangerous if used recklessly, dangerously, or negligently.
18.11 The Customer acknowledges that Brutes has conducted a comprehensive pre-delivery inspection of the goods or equipment and confirms that the goods or equipment is in a good order and condition and that there are no reasonable detectable defects to the goods or equipment.
19. POPI DISCLAIMER
I, the Customer, personally/on behalf of the company/CC, hereby confirm and understand that:
19.1 Upon acceptance of any agreement for services or sale of goods and signature of any invoice and quotation agree that we and Brutes will comply with POPI regulations and process all the information and/or personal data in respect of the services being rendered in accordance with the said regulation and only for the purpose of providing the Services set out in the agreement/invoice/quotation to provide services.
19.2 It is confirmed that by submitting information to Brutes, irrespective as to how such information is submitted, I/we consent to the collection, collation, processing, and storing of such information and the use and disclosure of such information in accordance with this policy.
19.3 The customer acknowledges and confirms that;
19.3.1 One or more of the parties to this agreement/invoice/quotation will possess and will continue to possess information that may be classified or maybe deemed as private, confidential or as personal information.
19.3.2 Such information may also be deemed as or considered as private, confidential or as personal information of any third person who may be directly or indirectly associated with this agreement.
19.3.3 Further it is acknowledged and agreed by all parties to this agreement/invoice/quotation, that such private, confidential or as personal information may have value and such information may or may not be in the public domain.
19.4 Further it is specifically agreed that Brutes will use its best endeavours and take all reasonable precautions to ensure that any information provided is only used for the purposes it has been provided.
19.5 To the fullest extent permissible in law, the customer unconditionally and unreservedly indemnifies and holds Brutes, it affiliates, public officers, directors, employees, consultants, agents, licensors and service providers harmless against all loss, damages, claims, liability and/or costs, of whatsoever nature, howsoever and whensoever arising as a result of, and without limitation from, the use of any information.
19.6 In addition, the customer warrants that he/she/it will not seek recourse against Brutes on any basis in connection with any information given, or, in the customer’s view, not given.
20. CUSTOMER AND IT’S REPRESENTATIVE
20.1 The Customer and/or persons who signed any contract/invoice/quotation with Brutes acknowledges that it has given the signatory of the quote/purchase order/invoice/contract, the full authority to sign the contract on behalf of the customer and therefore binds customer to the contract with Brutes and is bound by these Standard Terms and Conditions.
20.2 Should the customer at any stage submit that the representative was not authorized to sign the quote/purchase order/invoice/contract, the customer and signatory of the quote/purchase order/invoice/contract is bound to Brutes, jointly and severally, by way of intermediate/vicarious liability without prejudice to any other rights Brutes may have in law.