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TUBAL C STANDARD TERMS AND CONDITIONS OF SALE

These Terms will apply to any contract between us for the sale of goods to you (‘the customer’) except where specifically varied in writing. Please read these Terms carefully and make sure that you understand them, before ordering any Goods from us. In the event of the customer's order containing conditions contrary to these conditions of sale, they are superseded and not accepted without written consent from the Company. The word "Company" in the following clauses means 'Tubal C Shelving CC trading as Tubal C’. The phrase "our website" refers to www.tubalc.co.za

Ordering:

1. You may order via the website, via email or via the telephone.

Pricing and Payment:

1. Pricing reflected on the website is the Recommended Retail Price and is inclusive of 14% VAT.
2. The price of a product is for the item and specified quantity only.
3. Delivery costs are excluded from the item pricing and are billed separately during the checkout process.
4. When ordering via the website, you have the choice of paying via Credit Card or via EFT.
5. All payment transactions are appropriately secured by the PayFast service.
6. Your order must be paid for in full before any goods will be dispatched.

Availability of Goods:

1. All goods displayed on our website are manufactured to order. That is, the goods are not held in stock and must be manufactured for you according to a maximum lead time.
2. All the information about how this affects the time it will take for you to receive your goods, is contained in the following sections.

Manufacturing Lead Time.

1. All orders for standard Tubal C Display System components, shall be subject to a standard 20 working day minimum manufacturing lead time.

2. Orders for non-standard and custom items may be subject to longer lead times. Customers requiring such items are requested to contact us directly to discuss their needs in more detail.

3. Whilst we will use our best endeavours to supply orders for standard goods within the standard 20 working day lead time, we will not be liable for damages suffered as a result of any delay in completing the order.

4. In the highly unusual event that we are unable to commit to meeting our standard 20 working day lead time with you, this will be communicated to you via email or telephonically immediately, once you place your order.

 Delivery Charges and Delivery Lead Time:

1. Delivery costs are an additional charge that you will be responsible for.

2. If you order via the website, the delivery costs for your order will be automatically added to your bill.

3. Should you prefer to order via email or via telephone, we will obtain the delivery costs for you and add it to your bill.

4. Delivery costs will always be reflected on your invoice separately from the cost of the goods you have ordered.

5. Delivery lead times vary according to the delivery address. Deliveries to main city centres in South Africa typically take up to 5 working days from the date on which the goods are dispatched from our premises. Deliveries to outlying areas take additional time. Please ensure that you factor delivery lead times in to your planning as we will not be responsible for any damages you may suffer as a result of the lead time required to ship the goods to you.

6. The risk in the goods shall pass to you on delivery of the goods to your premises. If you choose to collect the goods yourself or to send your own courier agent to collect, the risk will pass to you the moment the goods are entrusted to you or your agent.

Warranty:

1. All of our goods carry a standard 1 year Warranty, calculated from the date of delivery of the goods to your premises.

2. We warrant that all goods purchased from us shall be made from the finest suitable materials available, constructed to the highest engineering standards required for the application.

3. The Warranty includes all reasonable usage scenarios of goods that are correctly installed, correctly configured and which are used according to the purpose for which they were manufactured.

4. The warranty specifically excludes:

a. Fair wear and tear, including abrasion.

b. Misuse

c. Abuse, including (but not limited to) shock force. For example, a sudden blow to a component, using a hammer or similar tool.

Exclusion of Liability:

1. You are responsible for ensuring that the goods are correctly and safely installed.

2. You shall indemnify the company, which shall not be liable for any claims whatsoever arising from any accident, loss of life or damage resulting directly or indirectly from the supply of the goods sold and purchased under this agreement.

Extras and Variations:

1. Any variation and/or additions to the goods and the price and terms of payment thereof shall be of no legal force and effect unless reduced to writing and signed by both us and you.

Returns Policy:

1. We want you to impress you and we want you to be happy with your goods. If you are not entirely happy with your goods, you can return them us and we will either repair/replace the goods, or we will refund you, subject to the following conditions:

a. Products Damaged on Delivery: We take extreme precautions to ensure that your goods arrive in the same perfect condition in which they leave our factory. In the highly unlikely event that your goods arrive damaged or missing any parts, you must note this on the Waybill and you must inform us within 3 working days of delivery, in writing via email, of the problem. We will then at your choice either deliver replacement products to you to replace the damaged or missing goods, or we will send a courier to collect the goods and then refund you with the purchase price of the product. Should you choose to have replacement products delivered, there may be a manufacturing lead time involved before we are able to dispatch the replacements. This will be clearly communicated to you

b. Incorrect Products Delivered: If we accidentally deliver the wrong product to you, please notify us in writing via email within 3 working days of delivery. We will then at your choice either deliver the correct products to you, or we will send a courier to collect the goods and then refund you with the purchase price of the product. Should you choose to have the correct products delivered, there may be a manufacturing lead time involved before we are able to dispatch the replacements. This will be clearly communicated to you.

c. Defective Products: We take every measure to ensure that the products we manufacture and deliver to you are built to the highest quality standards, are in good working order and without defects. What is a defect? A defect is a material imperfection in the manufacture of a product or any characteristic of a product, which makes the product less acceptable than one would reasonably be entitled to expect in the circumstances. The following will NOT be regarded as defects and will not entitle you to a return under this section:

i. faults resulting from normal wear and tear;

ii. damage arising from negligence, user abuse or incorrect usage of the product;

iii. damage arising from sea air corrosion;

iv. damage arising from a failure to adequately care for the product;

v. damage arising from unauthorized alterations to the product;

vi. where the specifications of a product, although generally fit for its intended purpose, do not suit you.  

If you request a return due to a defect, once we have inspected the product and validated your return, we will at your choice either deliver a replacement product to you, or refund you with the purchase price of the product.

GOVERNING LAW AND JURISDICTION

1. This agreement shall be governed by and interpreted in accordance with the laws of the Republic of South Africa.

2. In the event of a breach of any of the obligations of the customer towards the Company in terms of this agreement, the Company shall be entitled, but not obliged, to institute proceedings in any Magistrate’s Court having jurisdiction over the customer, notwithstanding the fact that the amount of the claim may exceed the limit of the Magistrate’s Court, and the client, shall be deemed to