Terms & Conditions
NO FINE PRINT
TERMS AND CONDITIONS OF SALE
entered into by and between
GTI-installs (PTY) LTD, registration no: 2012-180584/07
The CUSTOMER as more fully described in the title pages to which these TERMS & CONDITIONS are attached
TERMS AND CONDITIONS
1.1 The CUSTOMER will from time to time place orders telephonically with GTI-installs or forward its purchase orders to GTI-installs
1.2 The CUSTOMER agrees that the products supplied by GTI-installs to the CUSTOMER are supplied subject to these TERMS & CONDITIONS.
PAYMENT AND BREACH BY CUSTOMER
2.1 The purchase price for the products supplied to the CUSTOMER will be payable as indicated in the title pages attached to these TERMS & CONDITIONS.
2.2 Should the CUSTOMER fail to make any payment as indicated in clause 2.1, or be in breach of any other provision of these TERMS & CONDITIONS, GTI-installs will afford the CUSTOMER 5 (five) business days’ written notice to remedy its breach of these TERMS & CONDITIONS.
2.3 Should the CUSTOMER fail to make payment or remedy the breach within the notice period, GTI-installs will be entitled to:
2.3.1 Claim all and any outstanding amounts due by the CUSTOMER as well as any damages incurred by GTI-installs, or
2.3.2 Cancel the sale agreement between GTI-installs and the CUSTOMER and:
2.3.3 Claim actual damages incurred, alternatively, retain all payments already made by the CUSTOMER as pre-estimated liquidated damages.
2.3.4 Besides the remedies afforded to GTI-installs in terms of this clause, GTI-installs will also be entitled to charge on any overdue amounts payable by the CUSTOMER interest at a rate 3% per annum above the prime overdraft rate charged by GTI-installs bankers to GTI-installs.
BREACH BY GTI-installs
3.1 Should GTI-installs be in breach of any provisions of these TERMS & CONDITIONS, the CUSTOMER will afford GTI-installs 5 (five) business days’ written notice to remedy such a breach.
- Should any party incur legal costs to enforce these TERMS & CONDITIONS, the party in breach will be liable for all such legal costs on the attorney and own client scale.
“WARRANTY BY GTI-installs”
5.1 Should the product, or any part thereof, under normal use and conditions, be proven defective, due to material or workmanship within 12 (twelve) months of the date on which the product is installed, such defects will be repaired;
5.2 Alternatively, the product may be replaced or repaired by GTI-installs in its sole discretion;
5.2 Requirements for claims under the warranty:
5.2.1 The end user/consumer is required to take the vehicle to the fitment centre which installed the product or to a fitment centre recommended by GTI-installs;
5.2.2 In all cases GTI-installs is to be notified of the claim BEFORE the product is removed from the vehicle;
5.2.3 Removal is to be authorised by GTI-Installs;
5.2.3 Once removed, the product is to be returned to GTI-installs, with copies of the warranty, the relevant invoice and a specification of the defects with transportation prepaid, to GTI-installs, 56 John Adamson drive Montgomery Park 2195
5.3 This warranty does not cover the costs incurred for removal, reinstallation of the product, or damage to the vehicle.
5.4 This warranty does not apply to any product or part thereof which, in the opinion of GTI-installs, has been damaged through alteration of the product, poor, faulty or incorrect installation, mishandling, misuse, neglect or accident.
5.5 The CUSTOMER undertakes at all times to ensure that:
5.5.1 The products supplied by GTI-installs are installed by a GTI-installs Approved Installer.
5.5.2 The highest standard of installation is maintained.
5.5.3 Each installation is checked by a qualified supervisor and that the vehicle in which the product is installed, is delivered only if the product system functions 100% as intended.
5.5.4 The Customer may request GTI-installs to check the installation prior to delivery to the end user/consumer.
- Installations may only be done by Installers approved by GTI-installs which may involve training specified by GTI-installs.
- GTI-installs will not be liable for any damage or loss suffered by the CUSTOMER and / or end user/consumer as a result of incorrect installation and the CUSTOMER indemnifies GTI-installs against any claims by an end user/ consumer in this regard.
- The CUSTOMER undertakes to within 72 (seventy two) hours (or such period agreed with GTI-installs) after receiving the products/ services ordered from GTI-installs, to report any defects or shortages in the product received from GTI-installs.
- The CUSTOMER hereby consents to the jurisdiction of the Magistrates’ Court having jurisdiction over the person in respect of all legal proceedings connected to this these TERMS & CONDITIONS notwithstanding that the value of the matter in dispute might exceed the jurisdiction of a Magistrates’ Court. Notwithstanding the above, the parties are entitled to institute action in the High Court having jurisdiction.
- It is expressly agreed that any risk with regard to the products / services will pass on to the CUSTOMER upon signing GTI-installs delivery note or the courier company’s delivery note/waybill. Products will be deemed delivered to the CUSTOMER upon signing GTI-installs delivery note or the courier company’s delivery note/waybill.
- Ownership in the products will remain with GTI-installs until the full purchase price payable as consideration for the products, has been paid by the CUSTOMER.
- These TERMS & CONDITIONS shall constitute the entire Agreement between GTI-installs and the CUSTOMER and no relaxation, extension of time, latitude or indulgence by GTI-installs shall constitute a waiver by GTI-installs of GTI-installs rights in terms of these TERMS & CONDITIONS.
- Any alteration or amendments shall only be of force if reduced to writing and signed by GTI-installs and the CUSTOMER.
- Each Party chooses its domicilium citandi et executandi for all purposes relating to these TERMS & CONDITIONS as indicated in the title pages attached hereto and shall be entitled in its discretion to give any notice and to serve any process by hand, facsimile transmission and/or email to the mentioned domicilium:
- Hand delivery will be deemed received by the addressee on the day of delivery if delivered at the domicilium of the addressee;
- Emails will be deemed received on date as indicated on delivery report.
- The CUSTOMER agrees to the following:
17.1 GTI-installs may make reasonable enquiries to any third party to verify the details provided by the CUSTOMER, on the credit application included in the title pages attached hereto;
17.2 GTI-installs is entitled to do credit checks on the CUSTOMER;
17.3 GTI-installs is entitled to disclose any details pertaining to the CUSTOMER’S account with GTI-installs to any credit bureau or credit provider.
SIGNATORIES & SURETYSHIP
- The persons signing these TERMS & CONDITIONS on behalf of the CUSTOMER warrant that they are duly authorised to sign on behalf of the CUSTOMER.
18.1 The signatories on behalf of the CUSTOMER herewith bind themselves jointly and severally as Surety and Co-Principal debtor with the CUSTOMER in favour of GTI-installs, for due performance by the CUSTOMER of all its obligations to GTI-installs. The signatories undertake to sign the deed of suretyship attached to these TERMS & CONDITIONS.
18.2 GTI-installs may at any time initiate a product recall if GTI-installs decides in its sole discretion that the product does not conform to safety standards applicable from time to time, or if it may otherwise cause safety or health issues.
18.3 The CUSTOMER undertakes to inform GTI-installs should it become aware of any of the circumstances referred to in clause 18.1 above.
18.3 In the event that GTI-installs decides to implement a recall, it will afford the CUSTOMER 15 business days’ notice of the date on which the recalled products will be collected.
18.4 The CUSTOMER will be obliged to return all recalled products to GTI-installs which shall be collected by GTI-installs from the CUSTOMER’S premises with a credit note to the CUSTOMER in respect thereof.
18.5 The CUSTOMER shall remove any trade names or own brands of the CUSTOMER on the product so returned, if applicable.
18.6 The CUSTOMER undertakes to keep a record of the contact details of each end user/consumer purchasing a GTI-installs product.