These terms and conditions shall apply to all transactions between Cozy Thermal Insulations CC T/A CozyHomes (“the Company”) and (“the Client”) unless otherwise agreed to by both parties in writing.
All orders in the form of the signed quotations shall be placed by the Client on the Company in writing by fax or Email and once accepted by the Company, no variations thereof may be made by the Client without the written consent of the Company first being obtained.
Payments for all goods and / or services ordered by the Client from the Company shall be effected after the supply and installation of goods and / or services.
Payment will only be recognised once the money has been deposited into the Company’s bank account by way of:
Electronic fund transfers (internet banking) once payment reflects on the Company’s bank account;
All cheque payments to the Company are done at the Client’s sole risk and the funds been cleared into the Company’s account;
Cash deposits are to be deposited into the Company’s account but will only be cleared the following working day. The Client’s Client’s name must be indicated on all payment or deposit slips as the case may be.
If delivery of the goods and / or services is to be made by instalments, then the Company shall be entitled to withhold delivery of any undelivered instalments until all money due has been paid in full without prejudice to its claim for damages.
Ownership of all goods sold by the Company to the Client shall remain vested in the Company until such goods and / or services are paid for in full.
The Company will use its best endeavours to ensure that goods are supplied in good condition according to their specifications from its supplier Isover.
The Company its agents or servants shall not be liable for any express or implied warranties or representations, defects or delays and the Company shall have no liability whatsoever in respect of any defect in the goods whether of design workmanship or material or otherwise, and in particular the Company shall not be liable for any loss or damage whether arising directly or indirectly from any defect in the goods sold nor shall the Company be liable in any way whatsoever for loss of profits and/or consequential damages.
In the event of any goods and / or services delivered being defective and the Company accepts that this is so then the Company shall in its discretion be entitled to either replace or give the Client credit therefore.
Delays in or failure of performance by the Company shall not constitute default herein or give rise to claims for damages if and to the extent that such delay or failure is caused by force majeure which is defined herein as occurrences beyond the reasonable, practical, economic or business control of the Company, and which, by the exercise of reasonable diligence the Company would not normally have been able to prevent, including therein, but not by way of limitation, decrees of government, Act of God, strikes or other concerted act of workmen, fires, floods, explosions, riots, civil commotions, war, rebellion, sabotage, disruption of manufacture or commerce for political or other reasons.
The Company does not warrant that the goods and / or services sold by them to the Client shall be suitable for the purposes contemplated.
The Client chooses domcilium citandi et executandi as its installation / delivery address.
All printing orders are subject to the terms and conditions specifically relating thereof which are obtainable from the Company on request.
The Company will as its discretion be entitled to institute action out of the Magistrate’s Court in terms of Section 45 of Act 32 of 1944 or any amendment thereof in respect of all matters arising out of this agreement and the client hereby agrees and consents to such jurisdiction.
The Client shall be liable for all legal costs incurred by the Company in enforcing its right in terms hereof on the Attorney and Client scale.
© Cozy Thermal Insulations CC 2006 - 2010
