1.1 Once the quotation, invoice or delivery note has been signed by the client, he/she agrees and acknowledges the terms and conditions stated hereon.
1.2 These terms and conditions shall apply to any work (hereinafter collectively referred to as “work”) to be carried out on any item/s (hereinafter collectively referred to as the “goods”) by O2 Designs (the company) as instructed by the client.
1.3 All or any of the work to be carried out by the company may be carried out on its behalf by any agent or sub-contractor appointed by it.
1.4 Once the client signs off on an quotation or order request he/she acknowledges that, what has been requested is correct in all respects.
1.5 Should the client fail to comply with any obligations imposed on the client in terms hereof, on due date and persist in such failure for (3) three days after having been given written notice to remedy such default, the client shall be deemed in breach of contract. The company shall be entitled to enter on any premises of the client and retake possession of the goods or remove any/all applications made by the company, its agent/s or sub-contractors.
1.6 Should the client commit any act of insolvency, or be placed in liquidation or sequestration, whether provisional or final, or be placed under judicial management, the company shall be entitled to terminate this agreement forthwith and enter on any premises of the client and retake possession of the goods or remove any/all applications made by the company, its agent/s or sub-contractors.
1.7 The specific remedies which the company has against the client in terms of these General Conditions are without prejudice to any other remedies which the company may have, including the right to claim all such consequential and other damages from the client as the company may have suffered as a result of the breach by the client or any of his/her obligations.
1.8 Any agreement made with the company shall be deemed valid and standing only if the company director/s or owner/s has approved the arrangement.
A payment will be necessary for personalized sample requests and will only begin once the payment is received.
3.1 The price of the goods will be the company’s prevailing rates ruling at the time the work is carried out.
3.2 Any quotation price/s given by the company is valid for (14) fourteen days ONLY.
3.3 Orders that have begun and are requested to be cancelled will be charged a 5% cancellation fee of the total amount of the invoice including bank charges.
3.4 Orders that have been completed and are requested to be cancelled will be charged a 50% cancellation fee of the total amount of the invoice including bank charges.
4.1 Full payment or partial payment of 80% of the total cost of the invoice will be necessary before any work is to be done.
4.2 Ownership in and to the goods supplied in terms of the invoice shall remain vested in O2 Designs until such time as the remaining outstanding payment is received by the company.
4.3 If the company accepts a cheque, electronic transfer or other instrument in payment of the amount due, the company reserves the right to retain ownership of the goods until such cheque, electronic transfer or other instrument is honoured.
4.4 The payment due date shall be the date of which delivery is made, but a further (3) three working days after delivery shall be given for electronic payment to reflect in the company’s banking account, unless a prior arrangement was made with a managing director/s of the company.
4.5 The company shall be entitled to charge interest on any unpaid amount, from the due date of such amount to the date of payment, at a rate which is 2% above the rate charged by the company’s bankers to its prime customers on overdraft from time to time. Such rate of interest shall be evidenced by a certificate to be issued by any manager of the bank, from time to time, and it shall not be necessary to prove the appointment.
4.6 In regards to goods correctly supplied and incorrectly ordered: The refund moneys are to be paid into the client’s account this will be done the same day the stock is uplifted less the 50% handling fee and bank charges.
In regards to cancellations: The refund moneys are to be paid into the clients account, this will be done the same day of the cancellation less the 5% or 50% according to cancellation fees if the order has begun, if the order has not yet started a full refund will be given less bank charges.
4.7Any reverse charges on your debit or credit card will attract a R160.00 administration fee to cover bank charges and other costs associated with refunding the customer.
4.8 Call out fee's will need to be paid before a appointment booking can be confirmed. Call out fee's are area dependent and cost from R60-R150 and these charges may change without notice.
5.1 The client shall take delivery of the goods in accordance to the specified delivery date for that client. Delivery shall be completed when the goods have been applied onto the selected glass panels of the client or its agent.
5.2 The expected completion date is a estimate only.
5.3 The company shall be entitled to suspend the delivery of the goods to the client if the client is in breach of any of the terms of this contract.
5.4 Any claims will not be processed without the invoice, this is not negotiable.
5.5 Goods may only be returned within (24) twenty four hours from receipt of goods and subject to our prior approval and this will incur a 50% handling charge.
5.6 Returns correctly supplied and incorrectly ordered are subject to a 50% handling fee.
5.7 Shortages and claims later than (48) forty eight hours from receipt of goods will not be considered.
5.8 The client will be notified of any back orders and as to when the back order will be delivered that is if the client chooses to proceed with the order.
6.1 No guarantee shall be honoured if there has been any tampering with the products or items installed and/or applied.
6.2 Sizing supplied by the client ill not be under guarantee and O2 Designs will not be held liable for any replacement/s should there be a size discrepancy on application.
7.1 Cancellations are to be made within the first (24) twenty four hours from approval of order, thereafter cancellation charges apply.
7.2 If clients want to cancel work already in production a 5% cancellation fee will be charged on the total amount of the invoice.
7.3 If the client wants to cancel a job that has been completed a 50% cancellation fee will be charged on the total amount of the invoice.
8.1 The client hereby agrees to indemnify and hold harmless O2 Designs against any and all liability, claims, suits, losses, costs and legal fees caused by, arising out of, or resulting from any negligent act or omission of the client in the performance and/or including the negligent acts or omission of any client or any direct or indirect employees of the client or clients.
8.2 The client hereby agrees to indemnify and hold harmless O2 Designs against and all liability, claims, suits, losses, costs and legal fees caused by, any damage perceived to be caused by our product/s or service/s.
8.3 We install products as stated by the manufactures instruction manual following all steps, we however do not claim to be able to remove all impurities and all bubbles during and after application of the window frosting vinyl, the client therefore hereby agrees to indemnify and hold harmless O2 Designs against and all liability, claims, suits, losses, costs and legal fees caused, that might arise.
9. Copyright Complaints
We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting any materials on the O2 Designs website that violate another party's intellectual property rights.
If you believe that any material on the Site infringes upon any copyright which you own or control, you may send us a written notification of such infringement. Any claims of infringement should include the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site is covered by a single notification, a representative list of such works at that site.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The client consents to the jurisdiction of the Magistrate’s Court having jurisdiction in terms of the Magistrate’s Court Act, notwithstanding (even though) the claim by the company may exceed the normal jurisdiction of the Magistrate’s Court as to amounts. Notwithstanding (despite) the foregoing (prior), the company shall in its discretion be entitled to institute legal proceedings in any other court of competent jurisdiction.
11.1 The client nominates as its domicilium citandi et executandi the address reflected on the face of the invoice for service upon it of notices and processes in connection with any claim arising in terms hereof. Such notice may be given by prepaid registered mail or hand delivered to the client’s domicilium. Any notice given by the company to the client which is posted by prepaid registered post to the client’s domicilium for the time being, shall be deemed to have been received by the client on the 7th day after the date of posting. Any notice which the company may give to the client which is hand delivered to the client’s domicilium for the time being, shall be deemed to have been received by the client on date of delivery.
11.2 Any change of address must be notified within 14 days as required by law.
12.1 No addition to, variation or agreement cancellation of this agreement shall be of any foregoing effect unless it is recorded in writing and signed by a general manager of the company.
12.2 No indulgence, extension of time, relaxation or latitude which the company may permit at any time in regards to the caning out of any of the clients obligations shall prejudice the company in any manner or is to be construed as a waiver by the company of any of its rights in terms of this agreement.
12.3 This agreement and its interpretation shall be determined in all respects in accordance with the laws of the Republic of South Africa. Unless the context indicates the contrary intention, an expression which denotes any gender includes the other genders, a natural person includes an artificial person, and vice versa, and the singular includes the plural, and vice versa. Clause headings are for convenience and shall not be used in the interpretation hereof.
12.4 No representative, agent or salesperson has any authority to waiver or vary any of these conditions or make any representations whatsoever on behalf of the company.
12.5 A one hundred and fifty Rand (R150) call out fee will be incurred in the event of an uniformed rescheduling and/or insufficient time given to reschedule an application date. – Meaning: O2 Designs is onsite and the client has not made the necessary preparations for access to apply the window frosting as was booked in the schedule (Date/Times).
12.6 Rescheduling is to be made one to two (1-2) working days before an application is booked to be applied, otherwise the client will incure a call out fee.
If the company institutes legal proceedings against the client arising out of any breach by the client of these conditions, the client shall pay all costs incurred by the company on the scale as between Attorney and own client.
14. Certificate of obligation
A certificate under the hand of any director of the company as to the existence and the amount of the obligation of the client to the company at any time, as to the fact that such amount is due and payable, the amount of interest accrued thereon and as to any other fact, matter or thing relating to the obligation of the client to the company, shall be prima facie proof of the contents and correctness thereof and of the amount of the client’s obligation for the purpose of provisional sentence or summary judgement or any other proceedings instituted by the company against the customer, and such certificate shall be valid as a liquid document for such purpose. It shall further not be necessary to prove the appointment of the person signing such certificate.
O2 Designs believes strongly in protecting the privacy of users of its website. There may be times when you will register for services; you may be required to provide O2 Designs with personal information including, but not limited to, the following:
O2 Designs will not sell to any third party your name, address, e-mail and address, unless you provide your informed consent, except to the extent necessary to comply with applicable laws, police investigations, or in legal proceedings where such information is relevant. O2 Designs allows access to database information by third-parties providing technical services, such as e-mail, but only to the extent necessary to provide you with those services. In those instances, the third-party is bound by these terms. Your informed consent shall be in the form of an “opt in” or similar policy. You understand and agree that O2 Designs may disclose to third parties, your postal/zip code, gender and/or age, but only in the form of aggregated information.
If you have any questions concerning the privacy policies of O2 Designs which are not covered in this statement, please contact us with your questions.
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