TERMS AND CONDITIONS
Sale of Goods
1.1 Triple Option Trading 577cc t/a KZN SOLAR (herein after referred to as the seller) shall upon acceptance of any order supply and install a high or low pressure Solar Water Heating system, in accordance with that specified on the order, together with all its components ('the product'), strictly subject to the terms and conditions set out herein. No other terms shall be applicable unless same is reduced to writing and signed on behalf of the seller. Should any order or other document submitted by the client contain any conditions in conflict with those recorded herein, the seller's terms and conditions contained herein shall prevail. The client agrees that no other terms, promises, representations, warranties or guarantees with reference to the products, deliveries or prices shall be of any force or effect except such as are consistent with those conditions or as are expressly authorized by the seller in writing.
Price and Payments
2.1 The seller shall determine the purchase price to be paid for the specified product required by the client and record same together with the costs of installation on the worksheet. Upon acceptance of the quoted price, the client shall be deemed to have acquainted himself/itself with these terms and his signature hereto shall constitute acceptance of all terms herein.
2.2 The client shall pay 50% deposit of the total price upon acceptance of the order. The balance shall be payable immediately upon completion of the work.
2.3 If the full balance is not paid upon completion of the work or if any cheque is dishonoured when presented for payment, interest shall be charged at the maximum rate allowed in law from the date of completion to the date of final payment.
2.4 No settlement discount shall be permitted unless otherwise agreed to and recorded in writing between parties.
2.5 All amounts payable in terms of this agreement shall be paid free of bank exchange.
Delivery, Risk and Ownership
3.1 Delivery of the product and installation, if included in the contract, shall be effected at the designated address set out in the worksheet, unless directed otherwise in writing by the client.
3.2 Provided that the client is not in breach of any of its obligations, the seller undertakes to deliver and, if applicable install the product within a reasonable time. The seller shall not be liable in any way for any loss as a result of late delivery or installation of the system as a result of unavailability of stock, strikes, riots, lockouts, trade disputes, acts or restraints of government, vis major, the imposition of restrictions on exportation or importation or from any other cause not within the control of the seller.
3.3 The risk in the products shall pass to the client upon delivery to the designated address.
3.4 Notwithstanding delivery of the product the seller strictly reserves ownership of the product until it has been paid for in full, on which date ownership shall pass to the client. In the event of non-payment of any amounts owing in terms of this agreement the client agrees that the product shall not accede to the immovable property and the seller shall be entitled to uplift the product and to retake possession of the product delivered, at the client's cost.
4.1 The client shall provide the seller with access to the premises in order to effect the work. At the site, electricity shall be made available, at no charge to the seller for the purposes of the installation.
4.2 The client shall point out where the water closure valve is situated, allow the seller to shut same down and also to shut down the electricity to connect the electrical connections to the product.
4.3 The client shall be responsible for its own certificate of compliance with regards to the electrical installation and the seller shall be under no obligation to supply same.
4.4 The client will produce such documentation as may be required by any person or entity in respect of installation done through the Eskom Solar Water Heating Incentive programme. Should the client fail to do so, the client will forfeit any subsidy that may be associated with the incentive programme.
4.5 The client is responsible to ensure that the rand value added to the structure after the installation of the solar water heating system is covered by the home owner's insurance.
4.6 Although the electrical timer fitted to regulate the electricity supply to the geyser has a back up battery, it remains the responsibility of the client to monitor and maintain the timer settings to ensure optimum electricity savings.
5.1 In the event of the client being in breach of any of its obligations as specified herein, the seller shall, without prejudice to the seller's rights to claim payment from the purchaser of any amounts outstanding or any damages sustained by the seller by reason of the purchaser's default, have the right to recover any products that have not been paid for in full.
5.2 In the event of the seller being obliged to take any action to enforce any rights and obligations as specified herein, the client shall be responsible for all costs in connection with such proceedings on a scale as between an attorney and his own client.
6.1 The solar water heater system carries the following warranties:
- Collector 5 years
- New installed geyser 5 years on the inner cylinder
- New expansion relief valve, Safety valve 2 years
- Heating element and thermostat 1 year
- Solar circulating pump 1 year
- Geyser management device (Geyser wise) 1 year
- Photovoltaic panel 10 years
- Heat Pump 1 years comprehensive warranty (KWIKOT Products)
- Low Pressure system: Tank , feeder tank and frame 5 years
6.2 All warranty claims must be made in writing and a representative of the seller shall be afforded access to the premises to inspect any alleged damages which gave rise or a claim. The warranty excludes any pre-installed equipment or the pre-installed electrical geyser and its components. All workmanship is warranted for a period of 6 months, provided that has been effected by a KZN SOLAR approved and accredited installer.
6.3 The client acknowledges that the performance of the system is subject to the solar radiance input and that climatic conditions may adversely influence performance.
6.4 All geyser replacements are to be performed by a KZN SOLAR approved installer. Geyser replacements performed by non KZN SOLAR approved installers will invalidate the warranty on the solar water heating system.
General and Interpretation
7.1 These terms and conditions supersede all previous agreements, whether oral or written.
7.2 No amendment or variation of these terms shall be valid or binding unless reduced in writing and signed by the seller or it's duly authorized representatives.
7.3 The terms and conditions contained herein shall be binding on the client, his/its successors-in-title, heirs, administrators, liquidators, trustees, executors or assigns.
7.4 No indulgence or extension granted by the seller to the client shall prejudice in any way the right of the seller to enforce its stipulated herein nor shall it create new rights nor be construed as a waiver.
7.5 Carbon Credits associated with the purchase on the product purchased are to be collected and are hereby ceded to Triple Option Trading 577cc t/a KZN SOLAR.
Domicilium Citandi Et Executandi
8.1 The client chooses his/its domicillium citandi et executandi for all purposes of any legal process or notices the physical address and for purposes of delivery of the seller's statement, the postal address reflected on the face of this application for credit facilities.
8.2 Any notice to be given to the client in terms of or for the purposes of this agreement shall be valid and effective if given in writing, duly remitted to the address specified, further subject thereto that statements need not be sent by registered post.
8.3 If sent by post, whether registered or otherwise, any notification or statement shall be deemed to have been received 4 (Four) business days after it is posted or on the actual day of delivery if delivered by hand.
8.4 The client shall be entitled to change his/its address for the purpose of this clause to any other address in South Africa by giving written notice to that effect to the seller.
8.5 Notwithstanding anything to the contrary herein contained, a written notice or communication actually received by the client shall be adequate written notice or communication to him/it notwithstanding that it was sent to or delivered at his chose domicilium citandi et executandi.