The customer acknowledges that despite delivery and /or installation, ownership in the goods shall not pass until the goods are paid for in full.
Notwithstanding the aforegoing, risk in the goods shall pass to the customer upon receipt of delivery/ completion of installation / repair.
The customer shall pay for goods supplied / services rendered on the following basis:
50 % upon acceptance of quotation
Balance payable at least two (2) business days prior to delivery and /or installation;
In respect of pre-authorisation of repairs:
Where estimates are provided for repair work, any additional work which may become necessary once repairs commence, such additional repairs will not be undertaken without the customers prior consent;
Repairs for which payment is to be made will only be undertaken once a signed quotation is received from the customer as well as 50% of the amount quoted by the supplier;
The supplier will not be held liable for latent defects on items not manufactured by us.
The supplier shall have the right to delay or indefinitely suspend deliveries or installation services in the event that any amount due by the customer remains unpaid.
In respect of delivery / courier services: In the event that we attend to arrange for delivery of the goods, risk in the goods shall remain with the supplier until such time as delivery has been effected. Signature on the delivery note or third-party weigh bill shall be deemed to evidence effective delivery of the goods in good order. In the event that the customer arranges its own courier services to collect goods, the courier shall be deemed to be an authorised agent of the customer and delivery shall be deemed effective upon collection of the goods by the courier, risk in the goods shall pass to the customer upon collection by the courier.
In regard to any delivery – at the time of quotation, should delivery services be required, the customer shall specify the address at which delivery is to take place. Should the address for delivery or installation change, the supplier reserves the right to amend the delivery quotation accordingly. Delivery / installation will only be undertaken upon payment of the costs occasioned by the delivery to the actual place where the goods are to be delivered or installed.
In respect of accessibility of premises for delivery – Deliveries / installations are undertaken subject to guarantee of access by the customer. The supplier will not be responsible for removal of doors, security gates, dismantling or moving of furniture. Should goods not be capable of delivery due to a lack of accessibility, the goods will be either be left at the customers address for delivery or installation, or solely in the discretion of the supplier, returned to the supplier for which the customer will be liable for:
In the event that goods are returned to us, a repeat delivery fee will be charged the return delivery cost;
Storage costs until such time as the customer has collected the goods.
Having regard to paragraph 9 above, the customer accepts and acknowledges that the customer is aware of the dimensions of the goods sold to the customer and that the customer will make such necessary arrangements for the successful delivery / installation of the goods. To this end, the supplier confirms that the dimensions of the items are available on its website, alifurn.co.za
Having regard to paragraphs 9 and 10 above, the supplier reminds customer of possible additional delivery considerations to take into consideration regarding delivery / installation:
Complex rules regarding delivery times and vehicle restrictions;
Space to be cleared of all furniture, ornaments and items that can be damaged by placing furniture;
The supplier shall act in accordance with its obligations as ascribed in the Consumer Protection Act. The supplier shall not be held liable for any damages, harm, loss or consequential damage whatsoever arising out of misuse or abuse by the customer, wear and tear and failure by the customer to follow usage and / or storage instructions or failure to have goods installed by a qualified installer.
In the event that goods purchased are subject to a manufacturer warranty and on the event that goods become defective within the period of the manufacturer’s warranty then the manufacturers terms and conditions of warranty shall be applicable and the supplier reserves the right to refer the goods to the manufacturer or authorized agent for technical assessment whereby the manufacturer shall determine whether goods have become defective due to a manufacturer defect or whether thy have become defective due to misuse or abuse by the customer or whether due to failure to follow installation, operational, service or maintenance instructions.
Any warranty whether express /implied or in terms of the Consumer Protection Act will be considered having regard to the nature and extent of the use of the goods.
If in the exercise of its discretion, the supplier agrees to accept the return of any non-defective, correctly supplied goods for credit, then the customer shall be liable to pay the supplier’s handling charge of 10% (ten percent) on the invoiced price of the goods returned.
The supplier acknowledges that in accordance with Section 17 of the Consumer Protection Act, the customer shall retain the right to cancel an order prior to delivery or installation, and that the supplier shall retain the right to levy a reasonable cancellation charge. The nature and extent of the cancellation charge levied by the supplier shall take into consideration nature of the goods ordered and the extent to which the order has been sourced, manufactured, materials purchased and the like; the length of notice of cancellation by the customer, the reasonable potential for the supplier, acting diligently, to find an alternative consumer between the time of receiving the cancellation notice and the reserved date to purchase the said goods or any part thereof.
Should goods ordered be deemed by the supplier to be “special order goods” and in the event of cancellation, the supplier shall retain the right to hold the customer accountable for the full transaction price. “Special order goods” shall include but not be limited to all cushions and the fabrics associated therewith, any item in which the customer has elected that the dimensions differ from the ordinary dimensions of the item and where the weave selected by the customer differs from the ordinary weave.
It is the customer’s responsibility to give clear and unequivocal instructions and specifications and the supplier shall not be held liable for any claim or damages where the customer has failed to give clear instructions or furnished incorrect specifications. Signature of a quotation shall be deemed sufficient evidence of the specifications as given by the customer and to which the customer will be bound. Any amendments to any specifications must be (a) given in writing to the supplier and (b) prior to manufacture of any order;
These terms and conditions and all modifications and amendments hereof shall be governed by the Laws of the Republic of South Africa.
The customer shall pay all legal costs on the scale as between attorney and own client including tracing fees and collection charges which the supplier may incur in taking any steps pursuant to a breach of any of the terms of this agreement by the customer.
A certificate issued an signed by any director or manager of the supplier, whose authority need not be proved, in respect of any indebtedness of the customer to the supplier or in respect of any fact including but not limited to the generality of the aforegoing, the fact that such goods were sold and delivered, shall be evidence of the customer’s indebtedness to the supplier unless proven otherwise.
In the event of the customer being a juristic person, the director/member/trustee as the case may be, contracting on behalf of the customer warrants their authority to do so and by affixing their signature thereto agrees to be bound as surety and co-debtor of the customer and accepts liability for the customer’s obligations in terms of this agreement.
This constitutes the full agreement between the customer and the supplier and no variations thereto shall be valid unless reduced to writing and signed by both the customer and the supplier.
The supplier shall have no liability to accept the return, exchange or alteration of any goods in the event that the customer misapprehends:
The size, shape or dimensions of the goods sold;
The look, feel or likeness to other furniture or the aesthetic appeal of the goods once the goods have been manufactured and/or delivered and /or installed.
The customer understands that the supplier uses various shorthand references for its items and as such, the onus is on the customer to confirm that the order signed by it, bearing the shorthand references of the supplier are in accordance with the items which the customer intends to purchase.