Terms Of Use

TERMS AND CONDITIONS

QUOTATIONS

Quotations are valid for a period of 14 working days only from date thereof, excluding promotional items. Subject to ex factory price changes. Errors and omissions excluded. Prices quoted are ex our yard, unless otherwise stated. Subject to goods being available on date of order. Please note: goods can only be released once payment reflects on our statement. 

IN USING THIS WEBSITE YOU ARE DEEMED TO HAVE READ AND AGREED TO THE FOLLOWING TERMS AND CONDITIONS:

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing English Law. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same. 

PRIVACY STATEMENT

We are committed to protecting your privacy. Authorized employees within the company on a need to know basis only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers. Parliament has created specific offences for unauthorised actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible

CONFIDENTIALITY

We are registered under the Data Protection Act 1998 and as such, any information concerning the Client and their respective Client Records may be passed to third parties. However, Client records are regarded as confidential and therefore will not be divulged to any third party, other than our suppliers and if legally required to do so to the appropriate authorities. Clients have the right to request sight of, and copies of any and all Client Records we keep, on the proviso that we are given reasonable notice of such a request. Clients are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Client’s with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.

We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products.

DISCLAIMER

Exclusions and Limitations:
The information on this web site is provided on an “as is” basis. To the fullest extent permitted by law, this Company excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
This Company does not however exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.

AVAILABILITY

Unless otherwise stated, the services featured on this website are only available within South Africa, or in relation to postings from South Africa. All advertising is intended solely for the South African market. You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this site. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of the Company. The Company does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service you thereby indemnify this Company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.

LOG FILES

We use IP addresses to analyse trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.

COOKIES

Like most interactive web sites this Company’s website [or ISP] uses cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate partners may also use cookies.

LINKS TO THIS WEBSITE

You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.

LINKS FROM THIS WEBSITE

We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

COPYRIGHT NOTICE

Copyright and other relevant intellectual property rights exists on all text relating to the Company’s services and the full content of this website.

COMMUNICATION

We have several different e-mail addresses for different queries. These, & other contact information, can be found on our Contact Us link on our website or via Company literature or via the Company’s stated telephone, facsimile or mobile telephone numbers.

FORCE MAJEURE

Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.

WAIVER

Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.

GENERAL

The laws of South Africa govern these terms and conditions. By accessing this website and using our services you consent to these terms and conditions and to the exclusive jurisdiction of the English courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the Company.

NOTIFICATION OF CHANGES

The Company reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made on our home page and on other key pages on our site. If there are any changes in how we use our site customers’ Personally Identifiable Information, notification by e-mail or postal mail will be made to those affected by this change. Any changes to our privacy policy will be posted on our web site 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis

These terms and conditions form part of the Agreement between the Client and ourselves. Your accessing of this website and/or undertaking of a booking or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.
© Chamberlain 2019 All Rights Reserved


CONDITIONS OF SALE

  1. All goods are sold "Voetstoots" in the condition in which they stand and all warranties are expressly excluded.
  2. The PURCHASER hereby accepts the goods offered for sale in the condition in which they stand. No guarantee is given as to the suitability of the goods sold for any particular purpose and the PURCHASER must ensure before use or installation that the goods are suitable for the purpose for which they have been purchased.
  3. The PURCHASER must ensure upon delivery, that the goods listed on the documentation correspond in description, price and quantity with the goods purchased.
  4. The PURCHASER must adhere to the user/manufacturer's instructions.
  5. The SUPPLIER is not responsible for delay or non-fulfillment of the contract when caused by war, Acts of God, vis major, disturbance, strikes, lock-outs or any other cause whatsoever. Time stipulations for delivery are subject to delay without any liability attaching to the SUPPLIER.
  6. The SUPPLIER's liability for damages, if any, for defects or delays or any other loss, however arising, is at all times limited to the purchase price of the goods supplied.
  7. Any prices quoted are subject to ex-factory increases and to prices ruling at the date of delivery. The PURCHASER is responsible to confirm that any prices quoted are still valid at the time of delivery.
  8. Any claims must be recorded in writing and lodged with the SUPPLIER not later than seven (7) days from date of delivery or collection. Failure to comply with the provisions of this clause will render claims null and void.
  9. Where goods are being supplied in terms of drawings and specifications, any alterations to such drawings or specifications shall only be made with the SUPPLIER's prior approval in writing and shall be treated as extras.
  10. Dimensions quoted are nominal sizes. Actual finished size tolerances are in accordance with current production and should be ascertained from time to time.
  11. The PURCHASER will not be entitled to return goods for any reason without the SUPPLIER's prior written consent. Where goods have been accepted for return and are found in the SUPPLIER's sole discretion to be re-saleable, a credit will be passed to the PURCHASER's account less a minimum handling charge of ten percent (10%). No credit will be passed for non-stocked goods returned which have been specifically ordered or manufactured for the PURCHASER. No credit will be passed for goods returned unless the original invoice of supply is given by the PURCHASER at the time of returning the goods.
  1. Goods for delivery are offloaded "at roadside''. If goods are offloaded on the site or the premises at the request of or for the convenience of the PURCHASER, the SUPPLIER will not be held responsible for any damages incurred arising from the SUPPLIER's vehicle or employees having entered the site or premises.
  2. A) These conditions of sale form part of the agreement entered into between the SUPPLIER and the PURCHASER which agreement in particular amounts to an incidental credit agreement as envisaged in terms of section 8(4)(b), read with section 1 of the National Credit Act, 2005 (Act 34 of 2005) [hereinafter referred to as the "NCA"]. The application of the NCA to the agreement entered into between the parties is therefore limited by virtue of the provisions of section 5 of the NCA. In the event of the SUPPLIER'S attorneys having to cause delivery of a prescribed notice in terms of section 129(1 )(a) of the NCA to the PURCHASER, the PURCHASER hereby elects either the postal or physical address, the latter having been chosen as domicilium citandi et executandi, as addresses where such delivery may be effected.
  3. B) All accounts are due and payable by the twenty-eighth (28th) of the month following the month of supply. In the event of the SUPPLIER requesting its attorneys to take any legal steps to collect any amount outstanding, the SUPPLIER shall be entitled to recover payment of its legal fees and disbursements on the scale as between attorney and own client, including collection commission and tracing agents' fees. The SUPPLIER shall be entitled to claim compound interest from the PURCHASER on arrear amounts owing at the rate of two percent (2%) above the prime overdraft rate of First National Bank Limited. No settlement discount can be allowed if payments are done by debit or credit card.
  4. Payment may not be withheld by the PURCHASER pending settlement of any claims under this contract. Ownership shall only pass to the PURCHASER against payment in full for the goods supplied. Notwithstanding the reservation of ownership until payment in full has been made, the risk in all goods sold shall pass to the PURCHASER on delivery thereof. Should any payment not be made on due date, the SUPPLIER shall have the right to retake possession of the goods supplied and to claim such damages as the SUPPLIER may have suffered. Alternatively, and without prejudice to the provisions contained in the previous paragraphs, the SUPPLIER shall be entitled to claim payment for the full amount due in terms of this contract.
  5. A certificate as to the amount of the indebtedness of the PURCHASER under the hand of a director or financial manager of the SUPPLIER shall be prima facie proof of the amount and validity of such indebtedness, and shall be sufficient for, and entitle the SUPPLIER to obtain, provisional sentence or default judgement against the PURCHASER.
  6. Any indulgence or extension of time granted in respect of any payment or the fulfillment of any obligations under this contract shall not be a waiver of the right of the SUPPLIER to require, without notice, strict and punctual performance of all the provisions hereof.
  7. The SUPPLIER shall be entitled at its sole discretion to cede its claim without prior consent of the PURCHASER. Upon notification by the SUPPLIER that payment for the goods has been ceded, the PURCHASER will become liable therefore to the cessionary.
  8. The parties hereby consent to the jurisdiction of the Magistrate's Court in respect of any proceedings arising from these conditions, irrespective of the amount claimed and/or value of the goods involved in such proceedings. The discretion as to the particular court lies with the SUPPLIER.
  9. Any payments received on account from the PURCHASER shall be applied in the first instance to legal costs, if any, secondly interest owing, if any, and thereafter to the balance due for goods supplied.
  10. The PURCHASER consents to, and authorizes the SUPPLIER at all times to, obtain from and furnish credit information concerning the PURCHASER's dealings with the SUPPLIER to credit bureaux and to any third party seeking a trade reference regarding the PURCHASER in his dealings with the SUPPLIER.
  11. The granting, extension, reduction or termination of credit facilities remains at all times at the sole and absolute discretion of FH Chamberlain Trading (Pty) Limited.
  12. In the event of the Consumer Protection Act being applicable to any sale of goods between the SUPPLIER and the PURCHASER then, to the extent that any condition of sale contained herein is in contravention of any provision(s) of the Consumer Protection Act, such condition shall not apply to the sale of goods in question.
  13. The conditions set out herein are the only conditions which apply to this contract and no other terms, conditions or representations shall be of any effect whether made prior to or subsequent to the date hereof unless confirmed in writing and signed by the SUPPLIER.
Copyright © 2019 Chamberlain. All rights reserved