Terms and Conditions

Definitions
1.1 Company means Sky Tents (Proprietary) Limited, registration number: 2012/073205/07;
1.2 Customer means the buyer of Goods from the Company;
1.3 Parties means the Company and Customer; and
1.4 Goods means tents and / or related goods which are the subject of a sale by the Company to the Customer.
2. Application of Terms and Conditions
2.1 All Goods purchased by a Customer shall be subject to these Terms and Conditions, which replace all previous terms of sale.
2.2 Any conflicting provisions or amendments shall be null and void unless agreed to in writing by the Company.
3. Ordering Procedure
3.1 The Customer may place an order in respect of Goods orally or in writing, which order may be accepted in whole or in part or not at all, in the
sole discretion of the Company.
3.2 The Customer is solely responsible to provide clear and unequivocal instructions to the Company prior to manufacturing commencing to avoid
any discrepancies in installation. The Company shall not be held liable for any inaccuracies in the Goods arising from inaccurate instructions
from the Customer and the Customer shall be liable for any amounts billed arising from additional work to the Goods due to inaccurate
instructions.
3.3 Orders shall not be subject to cancellation or amendment by the Customer in any manner whatsoever.
4. Prices
4.1 The price of any Goods sold by the Company will be the price sent to the Customer on a proforma invoice.
4.2 The Customer is responsible for and undertakes to pay any tax payable in terms of the Value Added Tax Act 1991 or any replacement Act. In
respect of exports prices shall be 0 rated for VAT only if delivery is provided by the Company.
5. Payment
5.1 Payment, as detailed on the invoice shall be required, free of exchange in South African currency in cash into the bank account of the Company.
5.2 Invoices are valid for 30 (thirty) days and a 50% (fifty percent) deposit is required to confirm the order. The balance is due within 7 (seven) days
of receipt of confirmation that the Goods are available for dispatch. Manufacturing lead times shall be between approximately 4 – 6 weeks.
5.3 The Company shall not be obliged to authorise the commence or complete manufacture unless payment is received.
5.4 The Customer shall not be entitled to set-off any amounts which may be owing to the Customer by the Company for any reason whatsoever.
5.5 In respect of lay bye purchases a 50% (fifty percent) deposit is required and the balance is to be settled within a period not exceeding 3 (three)
months.
5.6 Any amount not paid on due date shall bear interest from the due date until it is paid in full at the rate of 2 percentage points above the
prime interest rate as publicly quoted by the South African Reserve Bank from time to time, calculated per annum and compounded monthly
in arrears. In addition, any discounts provided on the order shall be cancelled and the full purchase price of the Goods shall be due owing
and payable.
5.7 In the event of a default in payment any deposits paid shall be forfeited to defray costs and the Customer shall have no further claims
against the Company.
6. Delivery
6.1 The actual cost of the delivery shall be borne by the Customer with such costs to be paid by the Customer to the Company and the Company
reserves the right to charge the Customer any other costs relating to the delivery of the Goods to the Customer, including insurance premiums.
6.2 The Company may deliver any Goods in instalments and the Customer is obliged to accept delivery in instalments.
6.3 Where the Customer requests that delivery be suspended or delayed to a date later than originally requested, or where the Customer fails to
accept delivery of the Goods on the agreed date, the Company shall be entitled to charge the Customer storage fees, alternatively shall dispose
of Goods on behalf of the Customer and the Customer shall be liable for all wasted costs incurred and the Company shall be indemnified against
any loss or damage, including but not limited to water, fire or rodent damage, which may be suffered by the Company
6.4 Notwithstanding anything to the contrary, the Company shall have the right to suspend delivery at any time if in its sole discretion.
6.5 In the event of late deliveries for any other reason, the Company will not be liable for any resultant cost, expense, loss or damage, consequential
or otherwise and the Customer may only cancel the order if the Company has been grossly negligent.
6.6 Incomplete, short or damaged deliveries must be reported to the Company, in writing, within 7 (seven) days from the time of delivery.
6.7 Where delivery is effected by the Company’s transport or by the Company’s transport contractor or by the Customer’s transporter, the
transporter shall be deemed to act as the Customer’s agent:
(1) all risk in and to the Goods passes to the Customer once the Goods are loaded for delivery to the Customer;
(2) delivery costs are for the Customer’s account;
(3) the Customer is responsible for unloading and must unload the Goods timeously;
(4) the Company may charge the Customer any additional demurrage charges or any other costs whatsoever, which may be incurred by
the Company as a result of delayed or protracted unloading of the Goods by or on behalf of the Customer.
6.8 The Company’s delivery note signed or countersigned by any representative of the Customer, unless rejected by the Customer as contemplated
in this clause is for all purposes deemed to be binding, accurate and prima facie proof of a complete delivery in good condition and in
compliance with the order.
6.9 In the event that the Company is required to attend to installation of the Goods, the Company or its representatives shall not be held liable for
any damage caused to the Goods, unless arising from wilful default and / or gross negligence.
7. Ownership
Ownership of all Goods delivered will not pass from the Company to the Customer until such time as the purchase price has been paid in full.
8. No Warranties
8.1 The Company only warrants workmanship for a period of 6 (six) months and gives no other warranties.
8.2 The Company shall not be liable for aesthetic variances in fabrics. Although physical integrity may be within tolerance, slight variances in colour
have been noted. As a fabric converter the Company cannot be held responsible for such variances. The Company shall report any colour
variances to the supplier, and should a credit be received, the credit will be provided to the Customer.
9. Obligations of the Customer in the on-sale of Goods
9.1 The Customer agrees to comply with all laws (national, provincial and local), by-laws, regulations, licenses, permits and any other requirements
of any relevant authority applicable to the sale of the Goods supplied by the Company to it.
9.2 Without limiting clause 9.1 the Customer agrees to comply with all its obligations, including but not limited to ensuring that:
(1) pricing of the Goods is in line with the prescribed regulations and the recommended selling prices; and
(2) all trade descriptions, marketing, advice, warning and advertising in relation to the Goods is not misleading, fraudulent or deceptive.
10. Breach
10.1 The Customer is in default if it breaches any clause of this Agreement and fails to remedy that breach within 5 (five) days of written notice
calling it to do so and/or if the Customer fails to pay any amount due to the Company on due date.
10.2 If the Customer is in default in terms of clause 10.1 above, the Company is entitled, without prior notice to the Customer and without prejudice
to any rights which it may have as a result of such default, to:
(1) claim specific performance of the Customer’s obligations; and / or
(2) claim payment of any amount owing by the Customer to the Company whether or not due and payable.
10.3 A certificate signed by any director or general manager of the Company (whose appointment need not be proved) as to the existence of and
the amount of indebtedness by the Customer to Company, that such amount is due and payable, the amount of interest accrued thereon and
as to any other fact, matter or thing relating to the Customer’s indebtedness to the Company in terms of this Agreement, shall be prima facie
proof of the contents and correctness thereof for the purposes of provisional sentence, summary judgement or any other proceedings, shall
be valid as a liquid document for such purpose and shall in addition, be prima facie proof for purposes of pleading or trial in any action instituted
by the Company arising from this Agreement.
11. Limitation of Liability and Indemnity
11.1 Except for where the Company has been grossly negligent, the Company will not be liable for any cost, expense, loss, damage whether direct
or indirect (including consequential loss or damage) or claim whether suffered/incurred by the Customer or the company of a third party,
including without limitation arising out of or in connection with the Goods supplied to the Customer, or any act, omission or negligence of the
Company, its employees or agents.
11.2 The Customer indemnifies and holds the Company harmless against any cost, expense, loss, damage, liability or claim contemplated in clause
11.1.
12. Force Majeure
12.1 If any performance by the Company is prevented by any act of God, strikes, lockouts, shortened working hours, shortage of labour or materials,
any default or delay in any sub-contractor or suppliers of the Company, war, political or civil disturbances, or any other cause whatsoever
beyond the control of the Company then the Company shall have the election either to cancel the order in question; or to extend the time for
performance until the cause preventing or delaying performance ceases to apply.
13. Defective Goods
13.1 If any Goods are latently, patently, or otherwise defective but were not sold as sub-standard the Company may in its sole discretion compensate
the Customer in respect of such Goods, in which event the Company shall notify the Customer in writing of its election to replace the defective
Goods, or credit the Customer in respect of the purchase price of the Goods, or request that the Customer accept the Goods at a reduced
purchase price to be agreed.
13.2 If the defective Goods supplied by the Company were not manufactured by the Company, the Customer’s claim against the Company shall
under no circumstances exceed the claims which the Company is entitled to make against the third party supplier in respect of such defective
Goods.
14. Return of Goods
No exchanges or returns shall be accepted.
15. Certificates
15.1 Local authorisation / permissions: No provision has been made by the Company for any requirements pertaining to local council. The Company
will assist in providing all required documentation to assist in the process of obtaining such approval.
15.2 The manufacturing certification in respect of structures will only be upheld on completed structures manufactured by the Company.
15.3 Should a SADC certificate be required for exports, the Company shall require full payment (including delivery costs) and the import declaration.
The application time is approximately 7 – 10 business days.
16. Errors and Omissions
The Company shall not be liable to the Customer for any errors and/or omissions contained in any documentation.
17. Jurisdiction
17.1 The laws of the Republic of South Africa shall be applicable to these terms and conditions.
17.2 In the event of the Company having to institute legal proceedings against the Customer, the Customer will be liable for the Company’s legal
costs on an attorney and own client scale.
18. Domicilium
The Parties hereby choose for the purposes of this Agreement their domicilia citandi et executandi at the addresses recorded on the invoice.
19. General
19.1 The Customer may not cede any of its rights or delegate or assign any of its obligations without the prior written consent of the Company
19.2 In terms of the Protection of Personal Information Act 4 of 2013, the Company will take all reasonable steps to regulate the processing of
personal information provided by the Customer and undertakes to only maintain Customer records for as long as reasonably necessary.
19.3 In terms of the National Credit Act, the Customer hereby consents to the Company receiving, sharing, transmitting and storing credit
information concerning the Customer with other credit granters and credit bureaux for the purpose of credit granting decisions and to manage
credit risk.
19.4 No indulgence by a Party to another Party, or failure strictly to enforce the terms of this Agreement, is to be construed as a waiver or be capable
of founding an estoppel.
19.5 Any illegal or unenforceable provision of this Agreement may be severed and the remaining provisions of this Agreement continue in force.
19.6 The Customer acknowledges and agrees to abide to the Terms and Conditions as set out herein and as updated from time to time by the
Company.
19.7 The Customer acknowledges and agrees to abide to the Terms and Conditions as set out herein and as published and updated from time to
time and accessible at all times on the Company’s website (www.skytentsa.co.za)