The following general terms and conditions apply to all transactions undertaken by Inventive Air Designs (Pty) Ltd (the supplier) to the extent that nothing to the contrary has been agreed to in writing.

 

1. Quotation and delivery

In the absence of an agreement to the contrary, all orders are placed at the prices indicated in the order confirmation and exclude delivery fees and unforeseen costs arising from strikes, lockouts, etc., that are beyond the supplier’s control.

 

Unless otherwise agreed in writing, stated delivery times are provided according to the supplier’s best estimate prior to sale. If the supplier determines that the agreed time of delivery cannot be met or that a delay is likely to occur, the customer will be so notified in writing with a new estimated delivery time where possible.

 

Where the supplier is unable to deliver the goods sold at the agreed delivery time or the delivery time has been postponed pursuant to the above, the customer shall have the right to cancel the purchase. The supplier’s liability for the loss that the customer may incur as a result of such a delay or non-delivery can never exceed the value of the goods.

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Goods that have been cut or machined to the customer’s order shall not be accepted for credit upon return.

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2. Technical data

All and any information stated in brochures, price lists, technical reports, etc., in respect of weight, dimension, capacity, performance, and other technical data shall be for guidance only and are binding only to the extent that the contract refers to them. The supplier and their principals reserve the right to amend, adjust, or withdraw any product or specification without prior notice.

 

3. Constructional change

The supplier reserves the right to make changes that they deem necessary to the design, execution, etc., of the goods before delivery and without prior notice to the customer.

 

Such changes shall entitle the customer to cancel the purchase only if the customer can prove that the specific design, execution, etc., was an assumption for the purchase. Any relevant changes and associated cancellations shall not entitle the customer to damages.

 

4. Packaging
The prices stated in the quotation and any agreement are exclusive of packaging, VAT, and any other government duty or taxation where nothing to the contrary has been agreed to in writing.

 

5. Transfer of risk
Unless otherwise agreed, the goods are deemed to have been sold ex-works in accordance with the contractual terms. Unless specific arrangements have been made regarding delivery to the customer’s stores, the supplier will give the customer appropriate notice to enable the customer to make any necessary arrangements to dispose of the consignment when such is available for collection.

 

6. Payment
Unless otherwise agreed, the supplier’s terms of payment are thirty (30) days net from the date of invoice.

 

If the customer fails to make payments in due course, and the delay is not attributable to the supplier, the supplier shall have the right to charge interest from the due date at a rate of 2% above the official discount that is applicable from time to time. The shipment shall remain the supplier’s property until payment in full has been made. A bill of exchange or instrument of debt shall not be regarded as payment until redeemed in full.

 

7. Making good on defects 
For a period of twelve (12) consecutive months after delivery to the contracted customer, the supplier agrees to replace or repair—whichever the supplier deems necessary—the goods or part thereof should any defects arise that are directly attributable to design, material, or manufacture.

 

Such making good excludes defects caused by:

• improper maintenance or operation of the goods,

• modifications or technical intervention of the goods carried out without the supplier’s written consent,

• any usage of the goods not in complete compliance with the supplier’s instructions,

• natural events, such as floods, earthquakes, or climatic influences,

• regular wearing of parts, or

• installation and dismantling. 

 

Any complaints of defects must be made in writing within eight (8) days following the date of delivery.

 

The supplier agrees to make good on a defect immediately after having received a complaint about such that is deemed to be covered by these terms and conditions. 

 

The supplier’s obligation to make good as set out in these terms and conditions shall be fulfilled when the supplier sends a new or repaired part to the customer should they wish to perform the remedial action locally.

Unless otherwise agreed, the customer shall bear the costs and risks of transporting defective goods or part thereof to the supplier for replacement or repair.

 

Unless otherwise agreed, the supplier shall bear the costs and risks of transporting replacement or repaired goods or part thereof to the customer.

 

Any defective goods or part thereof that meet the criteria for replacement or repair as set out in these terms and conditions shall be made available to the supplier. 

 

The supplier shall replace or repair defective goods or part thereof under the same terms and subject to the same assumptions as the original delivery, except that the supplier’s duty to make good shall not apply to any part of the shipment beyond twelve (12) months from the original delivery date to the customer.

 

The supplier accepts no liability for defects or losses other than those set forth above. The customer is liable for any indirect loss that may be caused by a defect, such as but not limited to consequential losses or loss of time.

 

8. Product liability
The customer indemnifies the supplier of liability towards any third party for damage or loss incurred as a result of the goods 

 

The supplier shall not be liable for damage caused by the goods to:

• any real or personal property that occurs while the goods are in the customer’s possession, or

• products or parts thereof manufactured by the customer.
   

In no event shall the supplier be liable for consequential loss, loss of profits, or any other financial consequential loss.

 

9. Exemption of liability
The supplier is exempt from liability after entry into the contract of sale by the customer arising from labour conflicts, strikes, lockouts, and any other situation beyond the control of the parties, such as fire, war, mobilisation of unforeseen call-ups of military personnel, sabotage, requisitioning, sequestration, foreign exchange restrictions, insurrection and civil unrest, lack of transportation, general scarcity of goods and materials, restrictions on motive power propellants, or deliveries failing from sub-suppliers, including those caused by any of the circumstances set forth in this clause.

 

The supplier or customer who wishes to invoke any of the said circumstances shall notify the other party in writing of the onset and termination of the event without delay.
 

10. Settlement of disputes (venue)
Any dispute arising out of or in connection with a contract of sale and purchase and any provisions annexed thereto shall be settled in accordance with the rules of South African law, the venue of which shall be within the courts of the Republic of South Africa.