TERMS & CONDITIONS
BY ACCEPTING THIS QUOTATION OR PLACING AN ORDER, THE PURCHASER AGREES TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS. A FULL COPY IS ALSO AVAILABLE ON OUR WEBSITE AT WWW.GEANIGOLD.CO.ZA/TERMS-AND-CONDITIONS OR CAN BE EMAILED UPON REQUEST.
1 ACCEPTANCE OF TERMS
1.1 THE PURCHASER ACKNOWLEDGES THAT THEY HAVE READ, UNDERSTOOD, AND AGREE TO ALL THE TERMS OUTLINED HEREIN. THIS AGREEMENT BECOMES BINDING UPON ACCEPTANCE OF THE QUOTATION AND/OR PAYMENT OF ANY DEPOSIT.
2 PAYMENT TERMS AND INTEREST
2.2 ALL PAYMENTS ARE TO BE MADE IN FULL BY THE AGREED DUE DATE. IF ANY AMOUNT DUE IS NOT PAID ON TIME, THE TOTAL OUTSTANDING BALANCE SHALL BECOME IMMEDIATELY DUE AND PAYABLE. GEANI GOLD RESERVES THE RIGHT TO CHARGE INTEREST ON OVERDUE AMOUNTS AT THE MAXIMUM LEGAL RATE PERMITTED UNDER THE NATIONAL CREDIT ACT OR ANY RELEVANT APPLICABLE LEGISLATION.
3 OWNERSHIP, CESSION, AND ASSIGNMENT
3.1 OWNERSHIP OF ALL GOODS REMAINS WITH GEANI GOLD UNTIL FULL PAYMENT HAS BEEN RECEIVED. GEANI GOLD RESERVES THE RIGHT TO CEDE OR ASSIGN ITS RIGHTS AND/OR OBLIGATIONS UNDER THIS CONTRACT TO A THIRD PARTY WITHOUT PRIOR NOTICE. IN THE EVENT OF SUCH A CESSION, THE PURCHASER AGREES TO HOLD THE GOODS ON BEHALF OF THE NEW OWNER OR CESSIONARY. THE PURCHASER MAY NOT CEDE OR ASSIGN ANY RIGHTS UNDER THIS CONTRACT WITHOUT WRITTEN APPROVAL.
4 PRODUCT WARRANTY
4.1 ALL STEEL STRUCTURES ARE GALVANIZED FOR INCREASED DURABILITY AND CORROSION RESISTANCE. WARRANTY COVERAGE IS BASED ON THE PROXIMITY OF THE INSTALLATION SITE TO THE COASTLINE AND PREVAILING ENVIRONMENTAL CONDITIONS.
4.2 IN HIGH-RISK MARINE ENVIRONMENTS LOCATED WITHIN 0 TO 1 KM OF THE COASTLINE, THE EXPECTED LIFESPAN OF GALVANIZED STEEL IS BETWEEN 0 AND 5 YEARS. INSTALLATION IN THESE AREAS IS NOT RECOMMENDED UNLESS ADDITIONAL PROTECTION SUCH AS SPECIALISED PAINT OR DUPLEX COATINGS IS APPLIED.
4.3 IN COASTAL AREAS 1 TO 5 KM FROM THE SEA, THE EXPECTED LIFESPAN RANGES BETWEEN 5 AND 10 YEARS WHEN HIGHER-GRADE GALVANIZING (SUCH AS Z450) OR ADDITIONAL PROTECTION IS APPLIED.
4.4 IN TRANSITIONAL ZONES LOCATED 5 TO 20 KM INLAND, GALVANIZED STEEL IS EXPECTED TO LAST BETWEEN 10 AND 15 YEARS UNDER NORMAL CONDITIONS.
4.5 FOR INLAND, RURAL, OR URBAN AREAS LOCATED MORE THAN 20 KM FROM THE COAST, THE EXPECTED LIFESPAN OF GALVANIZED STEEL RANGES FROM 15 TO 25 YEARS OR MORE.
4.6 A 20-YEAR CORROSION WARRANTY APPLIES TO GALVANIZED STEEL STRUCTURES INSTALLED IN SUITABLE COASTAL AREAS WITH APPROPRIATE PROTECTIVE COATINGS AND INSTALLATION PRACTICES. A 10-YEAR CORROSION WARRANTY APPLIES TO INSTALLATIONS LOCATED 100 KM OR MORE INLAND, UNDER STANDARD ATMOSPHERIC AND USAGE CONDITIONS. THE PURCHASER IS RESPONSIBLE FOR PROVIDING ACCURATE LOCATION DETAILS, AND WARRANTY COVERAGE WILL BE DETERMINED BASED ON THESE. WARRANTY VALIDITY IS SUBJECT TO APPROPRIATE MAINTENANCE AND DOES NOT APPLY TO DAMAGE CAUSED BY MISUSE, NEGLECT, THIRD-PARTY MODIFICATIONS, OR EXTREME ENVIRONMENTAL CONDITIONS.
4.7 WHERE A 220V ELECTRIC MOTOR IS SUPPLIED, IT IS THE RESPONSIBILITY OF THE CUSTOMER TO SUPPLY A 3-POINT POWER-POINT WITHIN 10 METERS OF THE MOTOR. THE ELECTRICAL INSTALLATION MUST BE DONE BY A CERTIFIED ELECTRICIAN WHO WILL SUPPLY A CERTIFICATE OF COMPLIANCE (COC) FOR THE INSTALLATION. WE HIGHLY RECOMMEND THAT YOU ALSO INSTALL SURGE PROTECTORS. NO WARRANTY CLAIM WILL BE ENTERTAINED UNLESS PROOF OF COC IS SUPPLIED. PLEASE ALSO CONSIDER RECHARGEABLE BATTERY-OPERATED SYSTEMS.
4.8 WARRANTY: 2 YEAR WORKMANSHIP WARRANTY
4.9 MOTORIZATION: 2 YEAR WARRANTY ON THE HYDRAULIC MOTOR, POWERPACK AND LOW VOLTAGE POWER SUPPLY
5 SCOPE, PRODUCT FEATURES AND COLOUR SELECTION
5.1 THE PURCHASER CONFIRMS THAT THEY HAVE BEEN FULLY INFORMED ABOUT THE FEATURES, LIMITATIONS, MATERIAL CHOICES, AND OPERATIONAL CAPABILITIES OF THE PRODUCTS QUOTED. THE PURCHASER AGREES THAT THEY ARE SATISFIED WITH THEIR COLOUR AND FINISH SELECTION AND WILL NOT HOLD GEANI GOLD LIABLE FOR ANY DISSATISFACTION OR CHANGES OF PREFERENCE AFTER THE ORDER HAS BEEN CONFIRMED.
6 CUSTOM ORDERS, CANCELLATIONS AND VARIATION ORDERS
6.1 ALL ORDERS ARE CUSTOM-MADE AND MANUFACTURED TO SPECIFIC MEASUREMENTS. ONCE AN ORDER IS ACCEPTED, IT CANNOT BE CANCELLED OR ALTERED UNLESS AGREED TO IN WRITING AND SIGNED BY BOTH THE PURCHASER AND GEANI GOLD.
6.2 IF THE PURCHASER REQUESTS TO CANCEL OR VARY THE ORDER AND GEANI GOLD AGREES IN WRITING, THE PURCHASER SHALL BE LIABLE FOR ALL COSTS ALREADY INCURRED UP TO THAT POINT. THESE COSTS MAY INCLUDE MATERIALS, LABOUR, ADMINISTRATION, FABRICATION, TRANSPORT, OR ANY RELATED SERVICES.
6.3 ANY CHANGES AFTER THE APPROVAL OF THE QUOTATION — SUCH AS RE-SIZING, RE-ORDERING, OR SPECIFICATION ADJUSTMENTS — WILL BE TREATED AS A VARIATION ORDER AND BILLED ACCORDINGLY. THESE MAY ALSO AFFECT DELIVERY OR INSTALLATION TIMELINES.
7 DELIVERY AND INSTALLATION
7.1 PROPOSED INSTALLATION OR DELIVERY DATES ARE ESTIMATES AND DO NOT CONSTITUTE MATERIAL TERMS OF THIS CONTRACT. DELAYS IN DELIVERY OR INSTALLATION SHALL NOT ENTITLE THE PURCHASER TO CANCEL THE AGREEMENT OR WITHHOLD PAYMENT.
7.2 ALL INSTALLATIONS ARE CARRIED OUT ON THE ASSUMPTION THAT THE EXISTING STRUCTURE OR TIMBER WORK IS SUITABLE. ANY REPLACEMENT OR REINFORCEMENT OF SUCH STRUCTURES, IF FOUND NECESSARY DURING INSTALLATION, SHALL BE AT THE PURCHASER’S COST.
8 PERMISSIONS AND APPROVALS
8.1 GEANI GOLD DOES NOT ACCEPT ANY RESPONSIBILITY FOR OBTAINING LOCAL AUTHORITY, MUNICIPAL, OR GOVERNMENTAL APPROVALS FOR INSTALLATIONS. IT IS SOLELY THE PURCHASER’S RESPONSIBILITY TO ENSURE THAT THE REQUIRED PLANS, PERMITS, OR COMPLIANCE CERTIFICATES ARE OBTAINED.
REFUSAL OF SUCH APPROVALS BY AUTHORITIES DOES NOT ENTITLE THE PURCHASER TO CANCEL OR AMEND THIS AGREEMENT, NOR DOES IT RELIEVE THE PURCHASER OF THEIR OBLIGATIONS.
9 DEFAULT AND REMOVAL OF GOODS
9.1 IN THE EVENT OF DEFAULT BY THE PURCHASER (INCLUDING NON-PAYMENT), GEANI GOLD RESERVES THE RIGHT TO REMOVE ANY OR ALL SUPPLIED GOODS, WHETHER PARTIALLY OR FULLY INSTALLED. A CREDIT MAY BE PASSED AT GEANI GOLD’S SOLE DISCRETION, BASED ON THE CONDITION AND RESALE VALUE OF THE GOODS.
9.2 GEANI GOLD SHALL NOT BE LIABLE FOR ANY DAMAGE TO PROPERTY OR INCONVENIENCE RESULTING FROM THE REMOVAL OF SUCH GOODS. THE PURCHASER HEREBY IRREVOCABLY APPOINTS GEANI GOLD AS THEIR AGENT IN REM SUAM FOR THE PURPOSE OF FACILITATING SUCH REMOVAL UNTIL FULL PAYMENT IS MADE.
10 LEGAL JURISDICTION
10.1 THE PURCHASER CONSENTS TO GEANI GOLD INSTITUTING LEGAL ACTION IN ANY MAGISTRATE’S COURT HAVING JURISDICTION OVER THE PURCHASER, REGARDLESS OF THE AMOUNT INVOLVED. THIS SERVES AS FORMAL CONSENT IN ACCORDANCE WITH SECTION 45(1) OF THE MAGISTRATE’S COURT ACT NO. 32 OF 1944.
11 DOMICILIUM
11.1 THE PURCHASER SELECTS THE ADDRESS PROVIDED ON THE QUOTATION OR ORDER FORM AS THEIR DOMICILIUM CITANDI ET EXECUTANDI FOR THE DELIVERY OF LEGAL NOTICES AND DOCUMENTS ARISING FROM THIS CONTRACT.
12 NO WAIVER
12.1 ANY EXTENSION OF TIME OR INDULGENCE GRANTED BY GEANI GOLD SHALL NOT BE DEEMED A WAIVER OF ANY RIGHTS OR CONSTITUTE A VARIATION OF THIS AGREEMENT.
13 ENTIRE AGREEMENT
13.1 THIS AGREEMENT CONSTITUTES THE ENTIRE CONTRACT BETWEEN GEANI GOLD AND THE PURCHASER. NO VERBAL REPRESENTATIONS, WARRANTIES, OR AMENDMENTS SHALL BE BINDING UNLESS RECORDED IN WRITING AND SIGNED BY BOTH PARTIES.