Welcome to Controlled Irrigation cc
STANDARD TERMS AND CONDITIONS OF SALE (01 APRIL 2011)
- Controlled Irrigation shall mean Controlled Irrigation cc, having registration number 97/17138/23. All references to Controlled Irrigation shall be a reference to Controlled Irrigation cc
- The customer shall mean any person, entity or individual (whether natural or legal) and/or the applicant as described in Controlled Irrigation’s Credit Application that:
a. places an order with Controlled Irrigation and/or
b. accepts Controlled Irrigation’s quotation and/or
c. contracts with Controlled Irrigation and/or
d. takes delivery of goods and/or nominates a delivery address for delivery of goods from Controlled Irrigation.
3 The standard terms and conditions of sale herein are to be read in conjunction with those terms and conditions as contained in Controlled Irrigation’s Credit Application. In so far as the latter terms and
conditions may be mutually exclusive with those herein contained, the latter terms and conditions shall prevail over the standard terms and conditions as contained herein.
4 A copy of these standard terms and conditions of sale and Controlled Irrigation’s Credit Application are available on request and will be made available on Controlled Irrigation’s website at www.Controlledirrigation.co.za.
5 These standard terms and conditions of sale do not constitute a waiver by Controlled Irrigation of any of its rights under common law.
6 It is agreed that these standard terms and conditions of sale shall be governed by the laws of the Republic of South Africa.
OWNERSHIP AND RISK
7 The risk in and to any goods purchased from Controlled Irrigation shall pass to and vest in the customer from the time the goods are signed for and/or, immediately upon delivery to the customer or to the address nominated by the customer for delivery as set out on the reverse side of this document. In the case of delivery by any other party including delivery by freight, liability for the goods passes to the customer at the time the goods leave Controlled Irrigation cc’s place of business. The customer further acknowledges that unless it notifies Controlled Irrigation within 48 hours of delivery in writing of any defect, it acknowledges that the goods were delivered in good condition.
8 Ownership in all goods purchased by the customer shall remain vested in Controlled Irrigation until all amounts due and owing have been paid in full and Controlled Irrigation may retake possession of any goods in which ownership has not passed of which payment is overdue. The customer shall not be permitted to burden the goods under any lieu, guarantee or surety until they are paid for in full.
9 A signed delivery note shall constitute prima facie proof that the goods have been delivered to and received by the customer in good condition, whether signed by the customer, an employee, an agent or representative of the customer.
10 In the event of Controlled Irrigation being unable to effect a delivery to the customer at the address nominated, the customer shall be liable to pay all reasonable costs occasioned in connection with the attempted delivery.
11 The delivery dates agreed to are given in good faith and all reasonable effort will be made to comply with them but they shall be treated as approximate only and shall not be made the essence of the contract. Controlled Irrigation does not accept any liability for any damages caused to the customer as a result of any delay with such delivery.
12 The customer shall not be entitled to cancel the purchase/sale of any goods, should the date of delivery not be met for whatever reason.
13 In the event of the customer failing to take immediate delivery of the goods purchased, the goods will be stored by Controlled Irrigation for a maximum period of two weeks from the date which appears on the invoice/cash slip where after storage will be charged at the rate of 1% of the value of the goods invoiced for every day. Controlled Irrigation reserves the right to resell the goods in order to defray costs, should the goods not be collected from Controlled Irrigation within 120 days of purchase.
EXCLUSION OF LOSS, LIABILITY AND WARRANTIES
14 Controlled Irrigation shall not be liable for any loss or damage by reason of the non-delivery of goods or for any delay in executing delivery caused by forced majeure, acts of God, war, riots, civil commotion, strikes, lock-outs, transport delays, accidental breakdowns, restrictions by Government, non-availability or shortage of goods and without in any way being limited by the aforegoing generally by any other cause beyond the control of the company.
15 Controlled Irrigation shall not be liable to the customer or any third party for any damages suffered by the customer or any third party whether general, special, incidental or consequential damages of any nature whatsoever, arising out of the use of any of the goods purchased or the malfunction thereof.
16 Controlled Irrigation shall not be liable for any loss of profit or general, special or consequential damages arising out of any breach of its obligations, including the obligations of its employees, servants or agents.
17 The customer warrants and represents that it hereby indemnifies Controlled Irrigation against all liability and any claims whatsoever by any person whatsoever for:
a. Any loss or damage to goods or persons or life from whatsoever cause and for non-delivery and/or mis-delivery whether on grounds of breach of contract and/or negligence;
b. Any liability for loss or damage on grounds of breach of contract and/or negligence howsoever arising;
c. Any loss or damages arising from loss of market or attributable to delay in forwarding or in transit or failure to carry out fully or in part thereof any instructions given to it for any other consequential loss howsoever arising;
d. All legal costs incurred by Controlled Irrigation in resisting any such claims, such costs to be determined on the scale as between Attorney and one’s own Client.
18 Controlled Irrigation’s employees and/or agents and /or representatives have no authority to vary these standard terms and conditions of sale and Controlled Irrigation assumes no liability for such variation and shall not be bound by such variation and/or such statements unless its statements, warranties and/or representation are reduced to writing and signed by a director of Controlled Irrigation.
19 The customer agrees that any equipment sold to them carries a warranty against defective components and manufacturing for a period of twelve months after delivery, unless otherwise specifically stated, and that such warranty is valid only if the customer has properly operated, maintained and serviced the equipment. The customer agrees that Controlled Irrigation’s liability shall be strictly limited to the replacement or repair of any equipment at Controlled Irrigation’s discretion. The customer indemnifies Controlled Irrigation and holds Controlled Irrigation harmless against any claim of whatsoever nature and howsoever caused which the customer might otherwise have had against Controlled Irrigation but for this exclusion, arising from the sale and/or subsequent use by the customer or others of the equipment sold, whether the loss be direct, consequential or due to negligence or gross negligence on part of Controlled Irrigation, its servants or agents.
20 It shall be the responsibility of the customer to unpack and connect/install all goods themselves. The customer shall ensure that the technician installing the goods is adequately trained and fully qualified to install the subject matter. Controlled Irrigation accepts no responsibility for any loss or damage which might arise by reason of death or personal injury to any person engaged in the installation or use of the subject matter, neither shall Controlled Irrigation be under any liability in respect of defective goods purchased or for any injury, damage or loss resulting from such defects.
21 All manufacturers standard warranty terms and conditions will apply, notwithstanding the fact that any goods or components purchased may purport to include certain limited warranties as given by the manufacturer of such goods or components. Controlled Irrigation herby records that it makes no warranty of any kind whatsoever, whether express or implied with respect to any goods and components purchased, including but not limited to the implied warranties of merchantability and fitness of any goods and components purchased for a particular purpose.
22 In the event of the customer requiring Controlled Irrigation to collect any goods, the customer shall be liable for the reasonable costs associated to such collection.
PAYMENT AND PRICING
23 The Customer shall not be entitled under any circumstances to withhold payment for any goods purchased.
24 Payments terms are strictly in accordance with the provisions of the credit agreement between Controlled Irrigation cc and the customer being C.O.D.(cash on delivery/upfront payment) or 30 days from date of statement. All other sales falling outside of Controlled Irrigation cc’s credit agreement shall be strictly C.O.D (cash on delivery)/upfront payment) for all goods.
25 The customer agrees to pay interest on all overdue accounts at the rate of 2 % (two percent) per month on all overdue amounts.
26 Any discount offered or allowed by Controlled Irrigation to the customer is always subject to payment within 30 days of statement or as agreed upon with Controlled Irrigation.
27 All quotations shall only be valid for seven days from date of quotation, unless otherwise stipulated.
28 All prices are subject to change by Controlled Irrigation without prior notice and are subject to change should there be any legitimate error made by any employee\agent\of Controlled Irrigation in relation to any price quoted to the customer.
29 Controlled Irrigation accepts payment by way of cash, credit card, cheque expressed payable to Controlled Irrigation and electronic funds transfers\ deposits into Controlled Irrigation’s nominated bank account. All cheque payments must have cleared prior to collection\ delivery of goods. An allowance of 14 calendar days is required for normal cheque clearance and no goods will be released by Controlled Irrigation unless full payment in respect thereof has been cleared. All payments shall be made free of exchange or expense in South African Rands.
30 A certificate signed by any duly authorized representative of the supplier shall be prima facie evidence of the amount owing to the supplier by the customer including any interest and costs for the purposes of judgment, including provisional sentence or summary judgment, and of claims against insolvent or deceased estates. Proof of the appointment or authority of the signatory shall not be required in such certificate.
RETURNS AND REFUNDS
31 All and any returns and\or refunds shall be determined strictly with the terms and conditions as contained herein.
32 No exchange, credit or refund will be done without the original invoice being presented to Controlled Irrigation.
33 Controlled Irrigation reserves its rights to exchange, credit or repair faulty items returned.
34 Goods returned for credit or refund must be in original condition and packaging. Goods returned after 7 days will be subject to a maximum of 20% handling charge.
35 It is further agreed that no goods will be accepted for return\exchange and\or refund after the lapse of 30 calendar days from date of purchase.
36 All electronic goods will be tested before any exchange, credit or refund will be issued.
37 Controlled Irrigation will not be held liable for any loss or costs incurred due to the failure of a product once installed or for any damages suffered by the customer or a third party due to the malfunction of products purchased.
38 Controlled Irrigation does not warranty or guarantee any accessory or consumable parts like batteries, glue, cables etc.
39 Any damage caused by abuse, misuse, unauthorized modifications, incorrect installation, insect infestation, liquid lightening, power surges, any acts of god or force de majeure or tampering will not be covered by Controlled Irrigation.
40 Faulty items returned within seven days of purchase, shall be regarded as ‘Dead on Arrival’ and must be returned in original packaging, with original invoice and any modifications, cut wires or visual damage will invalidate an exchange, credit or refund. Controlled Irrigation reserves its rights to exchange, credit, refund or repair faulty items returned.
41 Any costs incurred by Controlled Irrigation from the supplier with regard to the exchange of “Dead on Arrival” goods shall be for the customer’s account.
42 Faulty goods returned after 7 days of purchase will be attended to on a repair–return basis and Controlled Irrigation reserves its right to repair or replace, with a service exchange unit, any faulty items sent in for repair.
43 Controlled Irrigation reserves the right to refuse any warranty claim if the damage is caused by any factors beyond the specifications or performance levels of the product.
44 A repair or exchange of a product within the warranty period will not extend the duration of the original warranty period.
45 In the event that external repairs are necessary, Controlled Irrigation will offer a warranty of repair for an equivalent period to that of the supplier.
46 Repairs conducted by Controlled Irrigation’s repair department will carry a 3-month warranty on that specific repair. Any other faults occurring will be treated as a separate repair.
47 Repaired items will not be released to the customer until any payment due in respect thereof has been received.
48 Controlled Irrigation reserves its rights to charge a handling fee of up to 20% of invoice value on any items that are received for repair that are found to be free of fault or defect, or where reports beyond that of the job card are requested.
49 Controlled Irrigation reserves its rights to sell/resell all repaired goods which are not collected within 120 days of repair, in order to defray costs.
50 In the event that Controlled Irrigation does not have stock of goods which have been purchased and is unable to obtain some, Controlled Irrigation reserves the right to cancel the sale and refund the customer the full invoice price paid.
51 The customer agrees that goods purchased from Controlled Irrigation may only be returned for credit with Controlled Irrigation’s prior written consent and agreement and is at all times conditional upon return transportation costs being for its account. In addition, the customer agrees to up to 20% handling charge being levied for goods returned after 7 calendar days from date of purchase. It is further agreed that no goods will be accepted for return/exchange and/or refund by Controlled Irrigation after the lapse of 30 calendar days from date of purchase.
DEFAULT AND BREACH
52 Notwithstanding any dispute between the customer and Controlled Irrigation, arising here from or otherwise, the customer shall not, for any reason, be entitled to deduct or set-off any amount claimed by the customer to be owing by Controlled Irrigation to the customer.
53 If the customer fails to perform any of its obligations when due, Controlled Irrigation may decline to accept further orders or make further deliveries to the customer or may revoke and/or withdraw and/or suspend and/or cancel and/or close the customer’s credit facility/account at any time and any future purchase shall be on terms and conditions as determined by Controlled Irrigation in its absolute and sole discretion.
54 Should the customer default in making payment of any overdue amounts owing, Controlled Irrigation shall be entitled, but not compelled, to forthwith demand that the whole amount outstanding be paid, notwithstanding that a portion of the amount would not be owing in accordance with the agreed terms of payment.
55 In the event of Controlled Irrigation having to institute any legal proceeding against the customer for breach, repudiation, specific performance or for any other reason whatsoever in terms hereof, the customer undertakes and agrees to pay the company’s legal costs on scale as between Attorney and own Client, including collection commission, tracing charges and any other charges incurred by Controlled Irrigation in enforcing its rights in terms hereof.
56 Notwithstanding Controlled Irrigation’s rights in clause 53 above, Controlled Irrigation shall have the sole and absolute discretion to refer any dispute arising out of this credit application or otherwise to arbitration in accordance with the Rules of the Arbitration Foundation of South Africa.
57 If the customer commits a breach of any of these conditions, or being an individual, is provisionally or finally sequestrated or surrenders his estate, or being a partnership is being dissolved or being a company or close corporation is placed under a provisional or final order of judicial management or liquidation or compromises or attempts to compromise generally with its creditors or if an order in terms of section 65 of the Magistrate Court Act 32 of 1944 as amended is issued against the customer, or if he commits or permits any act that may prejudice the rights of the supplier-then in any of these events the supplier may summarily cancel the contract by giving the customer written notice to that effect, without prejudice to any rights which it may have as a result of that breach or cancellation. Furthermore the supplier shall be entitled to suspend any delivery, service and/or hire while the customer is in breach of any of the terms of any contract between it and the supplier. In the event of a
breach and without restricting or revoking any other rights the supplier may have in law, the supplier shall have the right to claim from the customer the following costs:
a. If payment by cheque is referred to drawer for whatsoever reason, an amount of R60.00 per affected cheque;
b. If the customer’s debit order is returned due to lack of funds, an amount of R60.00;
c. If default necessitates the telephonic contact of the debtor by the supplier, an amount of not more than R50.00 per call;
d. If default necessitates a personal visit by the supplier, an amount of R100.00 per visit;
e. Cost for issuing a Letter of Demand at R16.50;
f. Subject to the maximum costs recoverable in terms of the Magistrate Court Act 32 of 1944 as amended, Attorneys Act 33 of 1979 and Debt Collections Act 114 of 1998.
58 The customer authorizes Controlled Irrigation to conduct a credit search on its credit profile with one or more of the registered credit bureaus, when assessing any application for credit, to monitor its payment behaviour, to use new information and data obtained from a credit bureau in respect of its credit application and/or future credit applications, to record the existence of the customer’s account with a credit bureau, to record and transmit details of how the customer has performed and how the account is conducted in meeting the obligations on the account.
59 In the event of any default by the customer of any of these terms and conditions, the customer authorizes Controlled Irrigation to furnish its name, credit record and repayment history to any credit bureau as a defaulting debtor.
60 The customer chooses domicilium citandi et executandi (the legal address required for the agreement) as the address given in the credit application form (if applicable), or at the address set out by the customer on the face and/or reverse side hereof if a credit application form has not been completed. The customer agrees to notify Controlled Irrigation in writing with seven (7) days of any change of domicilium citandi et executandi. Any notice addressed by the supplier to the customer shall:
a. if delivered by hand at the address of its domicilium be deemed to have been duly received by the addressee on the date of delivery;
b. if posted by prepaid registered post to the addressees domicillium be deemed to have been received by the addressee on the third day following the date of such posting;
c. if sent by facsimile to the addressees’ facsimile machine deemed to have been received by the addressee on the date of transmission.
61 No addition to, variation or cancellation of these standard terms and conditions of sale shall be of any force or effect unless contained in writing and signed by or on behalf of both parties. In particular, the customer agrees that any term or condition which may on any order, written or verbal and which is at variance with the terms of this agreement, shall be of no force or effect unless incorporated in a document signed by a director of Controlled Irrigation and the customer and which has been prepared specifically for the purpose of varying the terms of these conditions.
62 The customer herby consents in terms of Section 45 of the Magistrates court Act No 1944, as amended, to the jurisdiction of the Magistrates Court in respect of any action instituted against the customer by the company. It shall nevertheless be entirely within the discretion of Controlled Irrigation as to whether to proceed against the customer in such court or any other court of competent jurisdiction.
63 Any relaxation or indulgence which Controlled Irrigation may show or allow to the customer shall operate only in respect of the issue in which it was given and shall in no way constitute a novation or waiver or estoppel against or by Controlled Irrigation or in any way prejudice Controlled Irrigation in respect of its rights against the customer.
64 No terms, warranties or representations other than:
a. those expressly contained in this document; or
b. reduced to writing and signed on behalf of both Controlled Irrigation and the customer; or
c. incorporated in Controlled Irrigation’s standard terms and conditions of sale from time to time will be of any force or effect as between the parties. The customer acknowledges that it has not relied on any warranties or representations made by Controlled Irrigation in influencing its decision in contract with Controlled Irrigation.
These terms and conditions outline the rules and regulations for the use of Controlled Irrigation’s Website.
Controlled Irrigation is located at: 13 Angus Crescent, Longmeadow Business park East, Modderfontein, Gauteng, South Africa. By accessing this website we assume you accept these terms and conditions in full. Do not continue to use Controlled Irrigation's website if you do not accept all of the terms and conditions stated on this page. The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: "Client", "You" and "Your" refers to you, the person accessing this website and accepting the Company's terms and conditions. "The Company", "Ourselves", "We", "Our" and "Us", refers to our Company. "Party", "Parties", or "Us", refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client's needs in respect of provision of the Company's stated services/products, in accordance with and subject to, prevailing law of. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same..
Unless otherwise stated, Controlled Irrigation and/or it’s licensors own the intellectual property rights for all material on www.ControlledIrrigation.co.za. All intellectual property rights are reserved. You may view and/or print pages from https://www.controlledirrigation.co.za for your own personal use subject to restrictions set in these terms and conditions.
You must not:
Republish material from https://www.controlledirrigation.co.za
Sell, rent or sub-license material from https://www.controlledirrigation.co.za
Reproduce, duplicate or copy material from https://www.controlledirrigation.co.za
Redistribute content from Controlled Irrigation (unless content is specifically made for redistribution).
Hyperlinking to our Content
The following organizations may link to our Web site without prior written approval: Government agencies; Search engines; News organizations; Online directory distributors when they list us in the directory may link to our Web site in the same manner as they hyperlink to the Web sites of other listed businesses; and Systemwide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site. These organizations may link to our home page, to publications or to other Web site information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party's site. We may consider and approve in our sole discretion other link requests from the following types of organizations: Charity giving sites, online directory distributors; internet portals; accounting, law and consulting firms whose primary clients are businesses; and educational institutions and trade associations. We will approve link requests from these organizations if we determine that: (a) the link would not reflect unfavorably on us or our accredited businesses (for example, trade associations or other organizations representing inherently suspect types of business, such as work-at-home opportunities, shall not be allowed to link); (b)the organization does not have an unsatisfactory record with us; (c) the benefit to us from the visibility associated with the hyperlink outweighs the absence of ; and (d) where the link is in the context of general resource information or is otherwise consistent with editorial content in a newsletter or similar product furthering the mission of the organization. These organizations may link to our home page, to publications or to other Web site information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and it products or services; and (c) fits within the context of the linking party's site. If you are among the organizations listed in paragraph 2 above and are interested in linking to our website, you must notify us by sending an e-mail to email@example.com. Please include your name, your organization name, contact information (such as a phone number and/or e-mail address) as well as the URL of your site, a list of any URLs from which you intend to link to our Web site, and a list of the URL(s) on our site to which you would like to link. Allow 2-3 weeks for a response. Approved organizations may hyperlink to our Web site as follows: By use of our corporate name; or By use of the uniform resource locator (Web address) being linked to; or By use of any other description of our Web site or material being linked to that makes sense within the context and format of content on the linking party's site. No use of Controlled Irrigation's logo or other artwork will be allowed for linking absent a trademark license agreement.
Without prior approval and express written permission, you may not create frames around our Web pages or use other techniques that alter in any way the visual presentation or appearance of our Web site.
Reservation of Rights
We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our Web site. You agree to immediately remove all links to our Web site upon such request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuing to link to our Web site, you agree to be bound to and abide by these linking terms and conditions.
Removal of links from our website
If you find any link on our Web site or any linked web site objectionable for any reason, you may contact us about this. We will consider requests to remove links but will have no obligation to do so or to respond directly to you. Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.
We shall have no responsibility or liability for any content appearing on your Web site. You agree to indemnify and defend us against all claims arising out of or based upon your Website. No link(s) may appear on any page on your Web site or within any context containing content or materials that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will: limit or exclude our or your liability for death or personal injury resulting from negligence; limit or exclude our or your liability for fraud or fraudulent misrepresentation; limit any of our or your liabilities in any way that is not permitted under applicable law; or exclude any of our or your liabilities that may not be excluded under applicable law. The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty. To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.
We reserve the right to correct any product pricing shown on www.controlledirrigation.co.za, which may have been loaded incorrectly, We cannot guarantee that our website is free from errors.