1. PARTIES AND DEFINITIONS

1.1 “Supplier” means Amanco Electrical cc, a Company duly registered under the laws of

the Republic of South Africa;

1.2 “Customer” means any person, firm, company, corporation or other legal entity

whose details appear on the quotation of which these Conditions form part;

1.3 “Goods and/or Services” means any goods provided and/or services rendered,

whichever is applicable, by the Supplier to the Customer in terms of the specifications

required by the Customer and as described in the quotation;

1.5 “Contract” means the contract for the sale and purchase of the Goods and/or

Services, incorporating these Conditions.

2. CONTRACT

2.1 The contractual relationship between the Supplier and the Customer shall be

subject to these Standard Terms and Conditions (“Conditions”) and no addition or

variation shall apply unless agreed to in writing.

2.2 The provision of the quotation for the provision of Goods and/or Services to the

Customer by the Supplier shall be deemed to be an offer by the Supplier to provide

the Goods and/or Services as stipulated in the quotation and which is subject to these

Conditions.

2.3 No quotation shall be deemed to be accepted by the Customer until a written

acknowledgement and acceptance thereof is issued by the Customer.

2.4 The Customer shall ensure that the terms of the quotation, and any applicable

specifications, are complete and correct.

2.5 Any quotation is given on the basis that no Contract shall come into existence

until the Customer dispatches an acceptance thereof to the Supplier. Unless previously

withdrawn, quotations are open for acceptance within the period as stated on such.

Where there is no period stated, the quotation shall be open for acceptance for 7

(seven) days from the date it is dated unless withdrawn by the Supplier during that

time.

3. WARRANTIES AND LIMITATIONS OF LIABILITY

3.1 The Supplier shall be sourcing quality products from reputable

manufacturer/distributor which will be used by the Supplier to supply the solar or

battery backup systems as required by the Customer and in terms of the Customer’s

needs. The solar or battery backup systems shall be installed by the Supplier

according to the specifications agreed by the Supplier and as required by the

Customer. The Supplier warrants that it has the necessary expertise to install the solar

or battery backup systems and, in this regard, provides the Customer with a 6 (six)

month installation warranty on such installation of the systems.

3.2 The Supplier provides no warranty whatsoever in respect of the individual

products sourced by the Supplier and used in the supply of the solar or battery backup

systems installed by the Supplier.

The Supplier has no Liability for replacement orrepair thereof or other damages in connection therewith.

The Supplier shall however advise the Customer with the individual warranties provided to it by the direct

manufacturer/distributor of the products thereof. Should the Customer experience

issues with any such product not relating to the installation of the solar or battery

backup systems the Supplier shall assist the Customer with contacting the direct

manufacturer / distributor of the product in issue.

3.3 The Supplier shall not be liable for any damage or loss resulting from the

installation of the solar or battery backup systems other than as a result of gross

negligence of the Supplier or its representatives.

3.4 The Supplier does not warrant or guarantee, and is not responsible for: Defects,

failures, damages or performance limitations caused in whole or in part by power

failures, surges, fires, floods, snow, ice, lightning, excessive heat or cold, highly

corrosive environments, accidents, actions of third parties, or other events outside the

Supplier’s control, or customers abuse, mishandling, misuse, negligence, improper

storage, servicing or operation, or unauthorized attempts to repair or alter the

equipment in any way. The Supplier shall not be liable for any damage, loss or injury

resulting from any misuse of the solar or battery backup systems installed.

Furthermore, the Supplier will not be liable for any use of the solar or battery backup

systems which is not in accordance with the prescribed manner or the purpose for

which the Supplier intended such system to be used.

3.5 This document read with the quotation contains the entire agreement between the

Supplier and Customer and no party shall be bound by any undertakings,

representations, warranties, promises or the like not recorded herein.

4. RISK

Risk in the Goods shall pass to the Customer when they are received or delivered to

the Customer’s premises by the Supplier.

5. RESERVATION OF OWNERSHIP

Until full payment has been made by the Customer, all legal and equitable ownership

of the Goods supplied shall remain with the Supplier.

6. PAYMENT

6.1 The customer shall be obliged to make payment to the supplier as indicated on the

terms of the quotation signed by the customer and invoices issued thereafter.

6.2 In the event of the Customer failing to make payment of the various instalments as

provided for herein above, the Supplier shall have the right to hold off on installation

of the solar or battery backup systems until such time as payment has been received.

The Customer shall have no claim of whatsoever nature against the Supplier as a

result of such a delay in the installation of the system due to non-payment by the

Customer.

6.3 No deduction from any payment due shall be made by the Customer in respect of

any alleged set-off or counterclaim howsoever arising unless the Customer has a valid

court order requiring an amount equal to such deduction to be paid by the Supplier to

the Customer.

7. FORCE MAJEURE

The Supplier shall not be liable for any loss or damage caused by the non-

performance or any delay in performance of any of its obligations hereunder arising

out of any matter beyond the Supplier’s control including but not limited to acts of

God, war (whether declared or not) or sabotage, fire, drought, flood, excessive

rainfall, riots or civil commotion, strikes, lockouts or other trade disputes (whether or

not involving employees of the Supplier), breakdown of machinery, transport delays

or interruptions, Government restrictions or regulations, delay in delivery by the

Supplier’s manufacturer/distributor or delay caused by obtaining unsuitable materials

which will require replacement with suitable materials.

8. BREACH

In the event that either party (“the defaulting party”) to this Contract breaches any

material term hereof and fails to remedy such breach within 20 (twenty) days of the

date of receipt of a written notice from the other party (“the aggrieved party”)

requiring such breach to be remedied, the aggrieved party will be entitled immediately

to cancel this contract by written notice to the defaulting party, which cancellation

will be without prejudice to any other rights which the aggrieved party may at law

enjoy arising out of such breach and/or cancellation.

9. NOTICE

All notifications referred to in these Conditions must be in writing and sent by prepaid

registered post, facsimile transmission or electronic mail to the addresses, facsimile

numbers, or electronic mail addresses as indicated on the quotation. A notice sent by

one party to another shall be deemed to be received on the fourth day after posting if

sent by prepaid registered post, on the day after faxing if sent by facsimile

transmission, and on the day after sending if sent by electronic mail.

10. SEVER-ABILITY

If any particular provision and/or term of the Contract is found to be defective or

unenforceable or is cancelled for any reason (whether by any competent Court or

otherwise) then the remaining provisions and/or terms shall continue to be of full

force and effect. Each provision and/or term of the Contract shall accordingly be

construed as entirely separate and separately enforceable in the widest sense from the

other provisions and/or terms hereof.

11. NO WAIVER

No waiver or indulgence of whatsoever nature shall be of any force of effect,

including a waiver or indulgence in respect of this clause 11, unless it is reduced to

writing and signed by and on behalf of the Parties.

12. GOVERNING LAW AND JURISDICTION

In terms of Section 45 of the Magistrate’s Court Act of 1944, the Customer hereby

consents to the jurisdiction of the District Magistrate’s Court having jurisdiction in

terms of Section 28 of the said Act in respect of any action to be instituted against the

Customer by the Supplier in terms of this Contract.13. LEGAL COSTS

Should the Supplier have to take any legal action against the Customer to enforce its

rights in terms of these Conditions, the Customer shall pay all legal costs, including

collection commission and VAT, incurred by the Supplier on an attorney and own

client scale.

14. GENERAL

14.1 No person, other than the director of the Supplier, has any authority to contract

on the Supplier’s behalf on any terms or conditions other than those contained herein.

No terms or conditions contained in any quotation, proposal or other document issued

by the Supplier that are at variance with the conditions contained herein shall be valid

and these conditions shall not be capable of variation except by express written

agreement signed by or on behalf of the Customer and on behalf of the Supplier.

14.2 The Customer chooses the Customer’s address at which the solar or battery backup systems is to be installed by the Supplier as its domicile citation et execution and the address to which or at which all correspondence, notices and legal process may be sent or delivered to the Customer. The Supplier chooses as its domicile citation et execution 20 Fairchild Avenue, Impala Park, Boksburg, 1459 and the address to which or at which all correspondence, notices and legal process may be sent or delivered to the Supplier.

Contact Information

If you have any questions about these Terms and Conditions, please contact us at:

Amanco

Website: https://amanco.co.za

Email: [email protected]