ABBREVIATIONS

CONDITIONS OF SALE

1. This contract contains all the terms and conditions agreed between the parties who furthermore acknowledge that there are no undertakings, representations, warranties or terms of any nature whatsoever other than as contained herein.
2. No alteration or variation of this contract shall be of any force or effect unless recorded in writing and signed by both parties.
3. The Terms and Conditions contained in this agreement shall become binding on the Parties on written acceptance by the Seller.
4. The Purchaser accepts that it shall not be entitled to cancel this agreement after placement of its order with the Seller and the acceptance thereof by the Seller.
5. Any dispute arising out of or in connection with this contract shall at the sole discretion of the Seller be settled by arbitration in accordance with the Arbitration Act No 42 of 1965, as amended. The Seller however reserves the right to institute action against the Purchaser in any Court of Law having the necessary jurisdiction.
6. The price of the products is as stated on the face of this agreement and is in South African Rand. Any interim increase in VAT shall be for the Purchaser’s account.
7. The Purchaser undertakes to pay the Seller a 50% (fifty percent) deposit on the total purchase price including VAT on acceptance of this agreement by the Seller;  and the balance of the purchase price including VAT shall be paid by the Purchaser to the Seller prior to installation.
8. The Purchaser shall forfeit the deposit if the products are not installed, or collected, or received within 4 (four) months of the date of receipt of the deposit by the Seller.
9. Acceptance of this agreement by the Purchaser shall be confirmed by the Purchaser’s signature, written order or verbal confirmation;  provided that where the amount quoted by the Seller is incorrect due to an error made by the Seller and such error is brought to the attention of the Purchaser by the Seller within 5 (five) days of the date of the Purchaser’s confirmation, such acceptance by the Purchaser will be of no force or effect unless the Purchaser agrees to the amount as amended by the Seller.
10. In the event of this agreement being submitted as a quotation, same shall be valid for a period of thirty (30) days from date of quotation.
11. The expected date of the installation is calculated from the date of receipt of the deposit as referred to in clause 7 above and is an estimated date of installation by the Seller pursuant whereto time will not be of the essence. If an appointment has been made for installation and the Purchaser cancels the appointment, or does not attend to the appointment, or does not pay the balance payment, a R200.00 penalty will be charged. This penalty will be payable before a new appointment for installation can be scheduled.
12. The Purchaser agrees to make the premises available for installation immediately on request by the Seller.
13. The risk in all products to be installed by the Seller will pass to the Purchaser on delivery prior to the installation at the premises nominated by the Purchaser.
14. In the event of the products being installed by the Purchaser or sold by the Purchaser to a third party for installation, the Purchaser shall be responsible for ensuring that the products are properly installed by properly trained workmen. The Purchaser indemnifies the Seller against any and all claims which may be made against the Seller arising out of the faulty installation of products by any workmen not in the employ of the Seller.
15. The Purchaser shall have no claim for damages whether consequential or otherwise against the Seller and shall indemnify the Seller accordingly.
16. Should any amount due and payable by the Purchaser to the Seller not be paid on due date, the Seller may suspend delivery and demand payment prior to effecting delivery.
17. The onus rests on the Purchaser to prove that a payment has been made into Maxidoors bank account. When the correct reference number (order number) has not been quoted, the delivery may be delayed.
18. Should the Purchaser delay or postpone installation after the expected date of installation, payment of the balance of the purchase price shall be made immediately upon the expiry of a period of 3 (three) days from the date upon which the Purchaser is informed that the products are ready for installation.
19. Failure to pay any amount on the due date will result in the total contract price becoming due and payable with immediate effect.
20. Interest on overdue payments will be charged by the Seller at a rate of 2.5% (two and a half percent) above the prime lending rate charged per annum from time to time by the Seller’s bankers in South Africa and shall be payable by the Purchaser.
21. The products shall remain the property of the Seller until the full purchase price has been paid for by the Purchaser, notwithstanding that the products have been delivered and I or installed at the Purchaser’s nominated premises. In the event of the Purchaser not making full payment of the purchase price, the Seller shall be entitled to remove the products from the premises, whether delivered or installed, without a court order.
22. The Seller warrants that the products shall be of merchantable quality. No other Warranties or representations concerning the quality of the products or their fitness for any purpose or application shall be binding upon the Seller unless specified in writing in this agreement.
23. This contract of purchase and sale between the Seller and the Purchaser shall be governed and interpreted in accordance with the laws of the Republic of South Africa.
24. Should the Seller be obliged to institute legal proceedings against the Purchaser to recover money or products from the Purchaser, the Purchaser shall be liable for all legal costs incurred by the Seller on attorney and own client scale, including collection commission and further costs of collection.
25. The Seller reserves the right to change or modify the design of the products without notice.
26. Other than the customs duties and taxes specifically included in the purchase price, all other customs, duties and taxes payable in respect of the products, shall be paid by the Purchaser including, without prejudice to the generality of the foregoing, demurrage, surcharges over and above the normal or Value Added Sales Tax which is payable in the country to which the products are consigned.
27. The signatory is duly authorised thereto in the event of the Purchaser being an unincorporated association, company or close corporation. Note: The signatory will be held personally liable as purchaser in the event of the signatory not being duly authorised as required.
28. The Consultant’s signature serves as acceptance of order by Maxidor (Pty) Ltd being the Seller in this agreement.
29. Guarantees:

Inland = (further than 2km from the coast) – 5 year guarantee (inside or outside installation)

Coastal = (closer than 2km from the coast) – 3 year guarantee (inside or outside installation)

MXC – 1 year guarantee inside. (Not guaranteed for outside installation)

30. The following additional conditions are applicable to the guarantees stated in paragraph 29
    1. The products must be maintained regularly and be free of any consequential damage or neglect. The Seller reserves the right to refuse repair or replacement in the event that the Maintenance Schedule is not adhered to.
    2. In event of a claim the Seller reserves the right to inspect the products to assess whether the products have been properly maintained or have been neglected.
    3. A detailed Maintenance Schedule is available at www.maxidor.co.za, and will be provided on installation.
    4. The guarantee is valid only if renewed annually by the customer. This validation will comprise of a service of the installed product by Maxidor (Pty) Ltd.
    5. Only product that is fully paid for will be covered by the standard Maxidor guarantee.
31. The Purchaser confirms that he I she is fully acquainted with the contents of this agreement and that he/she is bound by the terms and conditions thereof.
32. Purchaser acceptance /signature gives Maxidor (Pty) Ltd consent to do a credit check.

Please note: FULL PAYMENT TO BE MADE BEFORE INSTALLATION

Maxidor (Pty) Ltd Banking Details: STANDARD BANK Alberton, Branch Code: 012 342,
Account Number: 023 083 336

Home | Maxidor Products | Contact us | Mission Statement  | Access Your Security  | Security Establishment | Security Tips  | Company Profile| 
Maintenance | Awards and Achievements | Feedback | Community Programs | Maxidor Employment  | Technical Information  | Franchise and Agents  | Exports | Newsletters | PAIA Manual |Letters of Recommendation |Terms & Conditions | South Africa Online

 Webmaster