1. This Contract (hereinafter referred to as "the Contract") shall come into force immediately upon the acceptance by the authorised representatives of the parties to this Contract or alternatively, upon acceptance by email, telephone or telefax by the Buyer of the quotation. Should labour of material costs increase between the date of quotation and the acceptance date, Sundial Awnings Pty Ltd (the Company) shall notify the Buyer of fluctuations in price for acceptance thereof by the Buyer also the company imports directly from Germany which affects the selling price on longer term contracts due to the exchange rate (rand to the euro), the company shall notify the Buyer of fluctuations in price for acceptance thereof by the Buyer.

 

2. The Company shall under no circumstances be responsible for any loss incurred by the Buyer by reason of incorrect information being supplied to the Company as to the type of goods purchased, whether such measurements were communicated to the Company by the Buyer personally and/or his architects, agent, builder or any other person acting on behalf of the Buyer.

 

3. Should the performance of the Contract be delayed or interrupted by any causes unforeseen by Sundial Awnings (Pty) Ltd, then no liability whatsoever shall attach to the Company.

 

4. Notwithstanding delivery of the goods and/or services to the Buyer, ownership of the goods shall remain vested in the Company until such time as the full purchase price has been paid.

 

5. In the event of the Buyer failing to pay any amount on due date or retaining any portion of the contract price, then in addition to any other remedies available to it, the Company shall be entitled to charge interest on any amount outstanding at Two Percent (2.0%) above the prevailing prime commercial overdraft rate charged by The Standard Bank of S.A. Limited's.

 

6. Should any unforeseen problems arise due to the crumbling or non-alignment of walls, damage to pipes or any other unforeseen difficulties in installing the goods, it will be brought to the attention of the Buyer and the rectifying thereof will be discussed with the Buyer.

 

7. The Company shall be entitled at its sole option, to institute legal proceedings against the Buyer arising from any cause whatsoever, in any Magistrate's Court having jurisdiction, notwithstanding that the claim, or the value of the matter in dispute may exceed the jurisdiction of such Magistrate's Court and this agreement shall serve as the required written consent confirming the jurisdiction of such Court. Further, the Buyer agrees that he shall be liable for all legal costs on an attorney and client scale, including collection commissions and other charges, or any other damages which may arise as a result of the breach by the Buyer of any of the provisions of this Contract.

 

8. The Buyer hereby agrees at his cost to provide all facilities to enable the Company to carry outs its work (water, electricity, toilets, storage facilities etc.)

 

9. It shall be the sole responsibility of the Buyer to obtain Municipal and/or Local Government approval for the goods (including approved plans).

 

10. This Contract contains the entire agreements between the parties.

 

11. The Buyer appoints the address set out overleaf as his domicilium citandi (address at which all legal documents and notices may be served) for all purposes of and incidental to the Contract and at which address he agrees to accept any notice of legal process in this matter.

 

12. The Company undertakes to remedy defects in materials or workmanship as per its Warranty Schedule.  The Company will not be responsible for wind damage caused by the Buyer not following hand-over declaration documents nor following the recommended Maintenance and Cleaning Instructions. It is specifically the responsibility of the Buyer to ensure that the awnings and screens are regularly serviced and maintained and depending on the severity of the exposure this could be every 1 to 2 year intervals.

 

13. No alteration or variation of the terms of this Contract shall be binding unless reduced to writing and signed by all parties.