Terms & Conditions
Company Details: Bronzen Skye Supplies (PTY) ltd t/a The Silver Flair
Company Registration number: 2013/045260/07
Company VAT number: 4520264203
Company Import / Export License: 21520632
1.1 “The COMPANY” shall mean Bronzen Skye Supplies (Pty) Ltd t/a The Silver Flair;
1.2 “The CUSTOMER” shall mean either a company, close corporation, partnership, trust, proprietor or individual utilizing the services of the COMPANY.
1.3 “the signatory” shall mean the person who signs on behalf of the CUSTOMER.
1.4 Any reference to –
1.4.1 the singular includes the plural and vice versa;
1.4.2 natural Persons includes juristic Persons and vice versa;
1.4.3 any one sex or gender includes the other sexes or genders, as the case may be; and
1.4.4 the Law means the relevant enactment or legislative measure as at the Signature Date and as amended or reenacted from time to time.
1.5 The words “shall” and “will” and “must” used in the context of any obligation or restriction imposed on a Party have the same meaning.
1.6 The clause headings in this Agreement have been inserted for convenience only and shall not be taken into account in its interpretation.
1.7 Words and expressions defined in any sub-clause shall, for the purpose of the clause of which that sub-clause forms part, bear the meaning assigned to such words and expressions in that sub-clause.
1.8 If any provision in a definition is a substantive provision conferring rights or imposing obligations on any Party, effect shall be given to that provision as if it were a substantive clause in the body of this Agreement, notwithstanding that it is only contained in the interpretation clause.
1.9 If any period is referred to in this Agreement by way of a reference to a number of days or weeks or months or other intervals, the period shall be reckoned exclusively of the 1st (first) day and inclusively of the last day of the relevant interval, unless the last day falls on a day which is not a Business Day, in which case the last day shall be the next succeeding Business Day.
1.10 If the due date for performance of any obligation in terms of this Agreement is a day which is not a Business Day then (unless otherwise stipulated) the due date for performance of the relevant obligation shall be the immediately succeeding Business Day.
1.11 If any obligation or act is required to be performed on a particular day it shall be performed (unless otherwise stipulated) by 16h00 (local time at the place where the obligation or act is required to be performed) on that day.
1.12 This Agreement shall be governed, interpreted and enforced in accordance with the Laws of South Africa from time to time.
1.13 No provision of this Agreement shall (unless otherwise stipulated) constitute a stipulation for the benefit of any Person (stipulatio alteri) who is not a party to this Agreement.
1.14 The rule of construction that this Agreement shall be interpreted against the Party responsible for the drafting of this Agreement, shall not apply.
1.15 The use of any expression which is relevant to a process available under South African Law (including “liquidation”, “winding-up”, “insolvency” and “judicial management”) shall, if any party to this Agreement shall, if any party to this Agreement is subject to the Laws of any other jurisdiction, be interpreted as to include any equivalent or similar process under the Law of that other jurisdiction.
2. THE COMPANY
The COMPANY has a range of products which are specifically designed for the hospitality industry.
3. CONSENT TO TERMS AND CONDITIONS
By accepting the COMPANY’s quotation, the CUSTOMER consents to the COMPANY’S terms and conditions which have been faxed and/or emailed to the CUSTOMER with the quotation and the CUSTOMER’S terms and conditions (if any) are null and void and of no force or effect.
4. TERMS OF PAYMENT
4.1 The COMPANY does not offer credit, unless pre organised by management. Whereby no credit is available, all services are to be paid for in cash. All prices are exclusive of VAT and delivery.
4.2 If payment is from an international country then the goods will only be released when the cleared funds are reflecting in the COMPANY’S account.
4.3 Any amounts not paid on due date shall incur interest at a rate of prime plus 5% and shall be calculated daily and added monthly, at the end of the month calculated from due date to date of payment.
4.4 Any cash deposits made into the COMPANY’S account will be invoice to the client for payment.
4.5 Should the COMPANY deem it necessary to take legal action against the CUSTOMER, and subject to the interest at prime plus 5%, all legal costs will be for the CUSTOMER’s account on the scale as between attorney and own CUSTOMER and the CUSTOMER indemnifies the COMPANY in respect of all costs including collection commission.
5.1 After the COMPANY has completed the work, the CUSTOMER has five (5) working days within which to list any snags or problems in writing. If the CUSTOMER has failed to provide any written notice of defects or snags, then he/she shall be deemed to have accepted the workmanship and will have no claim whatsoever against the COMPANY for damages for alleged defective workmanship. Please refer to 5.4 for non-refundable / exchangeable items.
5.2 Any returned items, will only be accepted if notification is received as required in 5.1 above and the items are unused and in their original packaging. The Customer will be liable for a 10% (ten percent) handling fee.
5.3 Every attempt shall be made by the COMPANY to deliver the services timeously. Subject to the COMPANY’s stock availability and the CUSTOMER having made payment, the orders will be processed and dispatched within 12 (twelve) hours. However, the CUSTOMER shall not be entitled to cancel the agreement, deduct any amount from the contract price or hold the COMPANY liable for damages as a result of late delivery of the services.
5.4 The COMPANY will under no circumstances accept returns / exchanges on the following items: Duvet Inners / Pillow Inners / Linen / Towels / Blankets / Milk / Soap whereby the product/s have been opened and are in use / consumed at the establishment. Due to hygiene legislation. Please refer to 5.1 above.
6. WOODEN PRODUCTS
6.1 The CUSTOMER acknowledges that the varnish on wooden products may vary slightly in colour since the wooden products are varnished in batches. Likewise, there may be differences in handles and knobs if ordered at different times as the same items may no longer be available. The CUSTOMER will therefore not be entitled to delay payment or fail to make payment as a result of a variation in colour.
6.2 There is an approximate lead time of 5-7 business days for all wooden products. This lead time may vary.
6.3 The CUSTOMER acknowledges that the lead time for wooden products is weather dependent.
7.1 In the event that a CUSTOMER requires a customized designed wooden product a sample will be manufactured at the CUSTOMER’S cost and will need to be signed off before manufacturing of the order commences.
8.1 All artwork for client logo’s whether for vinyl on wooden products, labels or embroidery, such artwork must be signed off by the CUSTOMER before the order commences.
9. LIMITATION OF LIABILITY
9.1 Any claim by a CUSTOMER against the COMPANY for damages for any reason whatsoever shall be limited to the cost to the pro rata invoiced cost of the allegedly defective workmanship as a percentage of the whole project.
9.2 That notwithstanding, in the event of the CUSTOMER claiming damages from the COMPANY from whatsoever nature arising, the COMPANY’s aggregate liability shall not exceed an amount equal to the invoiced cost of the specific order and shall specifically exclude consequential loss or damages. The CUSTOMER waives any possible claim which it may have against the COMPANY over and above the invoiced cost of the specific order and any claims for consequential loss or damages and the CUSTOMER hereby indemnifies the COMPANY against any such costs, damages, claims or expenses.
10. UNDERTAKING AS A CO-PRINCIPAL DEBTOR ON BEHALF OF THE CUSTOMER BY THE SIGNATORY
10.1 If the CUSTOMER as identified in clause 1 hereof is a company, close corporation, trust or a division or entity thereof or any other entity with juristic personality, then the signatory hereto who signs on behalf of the CUSTOMER (“the signatory”) warrants that he is duly authorized to enter into this agreement on behalf of the CUSTOMER. By his signature accepting the quotation and terms and conditions, the signatory hereof binds himself as co-principal debtor for the CUSTOMER and in favour of the COMPANY for the CUSTOMER’S obligations.
10.2 The signatory as co-principal debtor hereby renounces and waives the benefits of the legal defenses of excursion, division and cession of actions and hereby acknowledges that he understands the full meaning of such renunciation and waiver.
11. REVISION OF TERMS AND CONDITIONS
11.1 The COMPANY reserves the right to revise the terms and conditions at any time without notice. Such changes will be posted on the COMPANY’s website (www.thesilverflair.co.za) and shall be deemed to have been accepted by the CUSTOMER if the CUSTOMER continues utilizing the services of the COMPANY. The obligation therefore is on the CUSTOMER to review the terms and conditions at regular intervals.
11.2 These terms and conditions as varied by the COMPANY from time to time pursuant to clause 7.1 above, constitutes the whole agreement between the parties.
12.1 No variation or amendment of the terms and conditions contained herein shall be of any force or effect unless agreed to by the COMPANY in writing and signed by the COMPANY’s duly authorized representative.
12.2 If any particular term or condition of these terms and conditions is found to be defective or unenforceable then the remaining terms and conditions or part thereof shall continue to be of full force and effect.
12.3 The CUSTOMER chooses the street address as stipulated on the signed Quotation as its domicilium citandi et executandi for purposes of service of all notices and processes and any other address in the Republic of South Africa as advised to the COMPANY in writing from time to time.