Terms & Conditions

DEFINITIONS

 1.1          In these conditions:

1.1.1       “ACORN 41” shall mean ACORN 41 (PTY) LTD situated at 2 Wesley Street, Gardens, Cape Town, Western Cape, South Africa.

1.1.2       “The Client” shall mean the person, firm, association, company or close corporation buying from ACORN 41 (PTY) LTD.

1.1.3       “The Quotation” shall mean ACORN 41’s quotation form which is completed at or about the time an enquiry is received from the customer.

1.1.4       “The Goods” shall mean the goods to which this document relates.

CONSTITUTION OF CONTRACT

2.1          The particulars endorsed on the quotation read with these conditions of sale shall constitute ACORN 41’s offer.

2.2          The client’s acceptance of the offer shall be conveyed to ACORN 41 (PTY) LTD by way of acceptance of the quotation, the conditions of trade being duly signed, and receipt of the deposit paid by the client.

2.3          These presents constitute the sole agreement between the parties and the client acknowledges that it did not enter into the agreement as a result of any oral statements, recommendations, figures, advice, specifications, price quoted, acceptances, representations or warranties of any kind whatsoever, save and except as specifically set out in the quotation and herein.

2.4          ACORN 41 reserves the right to institute changes and amendments to any of the terms contained herein, subject to reasonable notice thereof having been given to the client in writing.

2.5          By accepting the quotation, the client acknowledges that it has read and understands the terms, conditions, notice periods and disclaimers contained herein and agree to be bound thereby.

QUOTATIONS & PAYMENT

3.1          Prices quoted are valid for a period of 7(seven) days from date of issue. The price may however be subject to increase, due to circumstances beyond the control of ACORN 41 (PTY) LTD, which will be conveyed to the client.

3.2          ACORN 41 shall provide goods and/or services as set out in the quotation, unless otherwise varied upon agreement between the parties and reduced to writing. Any variations requested by the client after acceptance of the quotation may result in additional expenses, the cost of which shall be borne by the client.

3.3          A deposit of 70% of the quoted sum is payable on acceptance of the quotation. The balance is payable as set out in the quotation or otherwise as mutually agreed between the parties in writing.

3.4          Although ACORN 41 endeavors to ensure that the prices reflected in the quotation are correct, it will not be bound to any price that contains an inadvertent and/or obvious error.

3.5          All payments must be made directly to ACORN 41 (PTY) LTD. Interest, at the prevailing rate, will accrue on all payments not received within 30 (thirty) days from date of invoice.

3.6          Progress payments, for project related work, must be made at each stage of the installation. A written quotation will be submitted to the client setting out the payment schedule.

3.7          If any payment is not made on the due date the client shall forfeit any discount allowed to it and the full purchase price shall then become due, owing and payable.

3.8          All payments shall be made to ACORN 41 free of deductions or set-off into the following bank account:

Name : ACORN 41 (PTY) LTD

Bank  : FNB

Account Number :  62894131491

Branch Number :

3.9          An administrative cost of R 550.00 (four hundred and fifty rand), excluding VAT, will be levied on all late payments exceeding 7 (seven) working days.

CALL OUTS

4.1          In the event of a call out, an initial fee of R 550.00 (five hundred and fifty rand), excluding VAT, will be levied for the first hour of service and thereafter at an hourly rate of R 550.00, excluding VAT, or part thereof will apply. The fee excludes any materials used.

4.2          The initial fee must be paid in cash or via eft upon ACORN 41’s representative arriving on site. Any additional fees are due and payable within _1_ days from date of invoice.

WORKS

5.1          ACORN 41 reserves its right to refuse the provision of goods and/or services until the full deposit as well as the signed quotation and conditions of trade have been received and cleared by ACORN 41. The client confirms that it will not hold ACORN 41 liable for any loss or damage, of whatsoever nature, suffered occasioned by the client’s failure in timeously furnishing ACORN 41 with the deposit and signed documentation.

5.2          ACORN 41 undertakes to furnish the client with the goods described in the quote and will advise the client should any of the goods be superseded, replaced, discontinued or otherwise become unavailable. ACORN 41 however reserves the right to provide the client with alternative goods of a comparable quality, at prevailing prices to those ordered by the client. The client by approving such goods will have accepted that it will be provided in substitution of the goods originally quoted.

5.3          It is the responsibility of the client to arrange and appoint any other specialist that may be required to complete any further work (for example a carpenter or builder).

5.4          If the client is not on site, ACORN 41 will endeavor to contact the client in order to inform it of any goods and/or services exceeding that agreed upon. To the extent allowed by law, should ACORN 41 be unable to contact the client, the client agrees that ACORN 41 may proceed with the provision of any additional goods and/or services to not delay ACORN 41’s schedule and/or that of the project. The client further confirms that it will be liable for all additional costs incurred in the provision of goods and/or services which is due and payable within 7 (seven) days of date of invoice.

5.4          Unless the client has authorised ACORN 41 to attend to the complete repair and/or maintenance of an installation, together with replacement all inferior/unsuitable materials thereby rendering it compliant, ACORN 41’s responsibility will extend to the services set in the quotation only. To the extent allowed by law, no warranties will be furnished in respect of the repair and/or installation or if the installation is older than 2 years at date of repair and/or installation.

CANCELLATION & SUSPENSION OF DELIVERIES

6.1          ACORN 41, reserves its right to, impose a cancellation fee in the event of the client’s cancellation of services and/or goods after acceptance thereof.

6.2          If any amount due and payable by the client to ACORN 41 is in arrears, ACORN 41 shall have the right, until such amount has been paid, to suspend any deliveries under this and/or any other contract then in force between ACORN 41 and the client.

RISK AND PASSING OF OWNERSHIP

• All goods remain the property of ACORN 41 until paid for in full, however risk for the materials passes to the client upon delivery thereof. The client acknowledges that it shall be liable for any loss sustained by ACORN 41 due to the client’s failure to secure the goods after delivery. The client acknowledges that it shall be responsible for the full replacement value of the goods and shall reimburse ACORN 41 within ___ days from date of invoice.
• The client is not entitled to sell or dispose of any unpaid goods without the prior written consent of ACORN 41.
• Unless otherwise agreed in writing between the parties, all surplus materials remain the property of the ACORN 41.

DISCLOSURE/PRIVACY OF INFORMATION

• The client agrees for ACORN 41 to:
  • Furnish ACORN 41 with all personal information requested by ACORN 41 in order to assess the credit worthiness of the client, which information may include but is not limited to identity number of the client and/or directors/members if the client is a juristic person. ACORN 41 reserves its rights to withhold the provision of services until such time as it receives the personal information.
  • obtain from a credit reporting agency a credit report containing personal credit information in order to verify the client’s credit worthiness.
  • may exchange personal information about the client with any credit providers requesting same
• ACORN 41 confirms that all personal information collected shall be confidential and will only be disclosed:
  • in order to comply with applicable law or with legal process served on ACORN 41.
  • in order to protect and defend the rights or property of ACORN 41.
  • with employees and/or third parties who assist us in providing services to you and thus require your personal information in order to render a proper and efficient service. We will ensure that all such employees and third-party service providers, having access to your personal information, are bound by confidentiality agreements.

LIMITATION OF LIABILITY

9.1          ACORN 41, to the extent allowed by law, shall not be liable for any loss, harm and/or damage, of whatsoever nature, suffered by the client if the aforesaid, which may include but is not limited to.

9.1.1       results from the client’s failure to adhere to usage, installation and/or warning instruction furnished by ACORN 41 or Manufacturer of goods.

9.1.2       results from the client’s failure to advise ACORN 41 about existing or previous difficulties or defects in respect of an existing installation. ACORN 41 cannot be held liable for any additional repairs/maintenance when working on part of the installation. The client acknowledges its responsibility to advise ACORN 41 thereof as we may not be able to identify such issues due to the nature of electrical installations; or

9.1.3       is beyond the reasonable control of ACORN 41.

BREACH

10.1        Should the client:

10.1.1     fail to pay any amount due under this or any other contract on due date thereof.

10.1.2     allow any judgement against him/it to remain unsatisfied for (7) days.

10.1.3     commit any act of insolvency or enter a compromise with their creditors.

10.1.4     be placed under provisional or final liquidation or judicial management or voluntarily surrenders his estate.

10.1.5     allow any cheque given to ACORN 41 in respect of any indebtedness under this or any other contract to be dishonoured

ACORN 41 shall, without prejudice to and in addition to its other legal remedies be entitled to, give the client notice to rectify such breach within __ (_14_) days and if not so rectified within the notice period elect to cancel the agreement or any unfulfilled part thereof and claim payment of the full price or the balance thereof as the case may be.

10.2        In the event of the client obstructing ACORN 41 in the process of removing its goods from the client’s property, thereby necessitating the obtaining of a Court order, ACORN 41 shall be entitled to obtain an award of costs against the client on a punitive scale.

DISPOSAL OF PARTS

Clients are required to specify whether they require the return of any old part(s) after completion of the repair. Please tick the preferred option concerning used/old part(s)

Y __ / N __

DOMICILIM

12.1        The client accepts as it domicilium citandi et executandi (service address) for all purposes hereunder the address as set out in the quotation.

LEGAL CHARGES

13.1        In the event of ACORN 41 instructing its attorneys to recover money or the goods from the client, the client shall be liable for and pay all legal costs (“on an attorney and client basis”) incurred by ACORN 41 and including collection commissions.

INTERPRETATION AND JURISDICTION

14.1        The contract shall be interpreted according to the laws of the Republic of South Africa.

14.2        The client consents to the jurisdiction of the Magistrate’s Court of the district of Cape Town.

• The client agrees that no indulgence whatsoever by ACORN 41 to enforce any of rights in terms of this agreement shall constitute a waiver by the supplier in respect of any of the rights contained herein. Under no circumstances will the supplier be prevented for exercising any of its rights in terms of this agreement.
• If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.

Name:

Date:

Signature: