MVTB Holdings (Pty) Ltd
MVTB Holdings (Pty) Ltd Terms and Conditions as of 01 October 2016
All our quotations are subject to the following terms and conditions. Acceptance of our quotation implies acceptance of these terms and conditions:
- In these Terms and Conditions, “Seller” means MVTB Holdings Pty (Ltd); “Buyer” means the person, company or corporation by whom the order is placed.
- Validity of quotation and prices:
- Unless previously withdrawn, the quotation is valid for the period stated therein or, when no period is so stated, within fourteen days after its date.
- Prices are firm for delivery within the period stated in the quotation and are exclusive of charges arising for delivery to sites outside of Johannesburg, South Africa.
- For supply only orders, the Buyer shall pay 50% of the quotation amount on order and the remaining 50% to be paid before delivery.
- For supply and installation orders, the Buyer shall pay 50% of the quotation amount on order, 30% shall be payable before delivery of material and the remaining 20% to be paid on completion.
- The Seller reserves the right to charge interest of 10% after the first 7 days of payment being due and 2% for every month thereafter that the debt remains outstanding on any overdue sums.
- Payment of the whole price is the responsibility of the original client who initiated the contract.
- The Buyer is responsible for any costs (legal or otherwise) incurred in enforcing payment.
- Electricity and Water Supply
- The buyer shall supply electricity and water at all times during construction. In the event that power and water are not supplied any extra cost incurred, including generator hire, loss of time and additional labour shall be payable by the buyer.
- The quotation is based on construction of unobstructed areas. The buyer shall be responsible for clearing all obstructions and provide a clear working area and level ground conditions. If the buyer fails to remove obstructions then the costs for removal shall be payable by the buyer for R80 per square meter plus any costs for equipment.
- The buyer shall be responsible for locating and notifying MVTB Limited in writing prior to commencement of construction of the position of all underground obstructions including electrical, gas, water and sewage pipes and any other service facility which may be affected by the construction and shall indemnify MVTB and its agents against any claims and demands made by any person or authority in respect of any damage.
- Electricity and Water Supply
- Delivery Period
- Unless otherwise stated in Sellers order confirmation, all periods stated for delivery or completion run from the date of delivery of Goods or commencement of services and are to be treated as estimates only not involving any contractual obligations.
- If MVTB is delayed in or prevented from performing any of its obligations due to the acts or omissions of Buyer or its agents (including but not limited to failure to provide specifications and/or fully dimensioned working drawings and/or such information as MVTB reasonable requires to proceed expeditiously with its obligations), the delivery/ completion period and the price shall both be adjusted accordingly.
- Delivery and Risk:
- Unless otherwise expressly stated, the goods will be delivered to the destination as agreed with the risk of loss or damage to pass to the Buyer upon delivery as aforesaid.
- Claims for shortfalls in quantity or for incorrect delivery shall be void if made more than 7 (calendar) days after receipt by the customer.
- Orders manufactured in whole or in part, pursuant to Buyers specifications, may not be cancelled except with Sellers prior written consent, on terms which will compensate Seller for any resulting losses.
- Defects after delivery
- MVTB warrants that the Goods manufactured by the Seller and/or Sellers Affiliates shall confirm with the Sellers specifications and be free of defects in materials. MVTB will make good by the supply of replacement goods, any defects which, under proper use, care and maintenance, appear in products of Sellers affiliates and which are reported to MVTB within 7 days after the delivery.
- Notwithstanding above, the Seller shall not be liable for any defects caused by: fair wear and tear, materials or workmanship made, furnished or specified by the Buyer; non-compliance with MVTBs storage, installation, operation or environmental requirements; lack of proper maintenance; and modifications or repairs not previously authorized by MVTB in writing. MVTBs costs incurred in investigating and rectifying defects shall be paid by the Buyer upon demand.
- Limited Warranty Terms
MVTB commits to replace the defective Product free of charge, materials only, excluding coverage of possible direct and indirect costs, losses and consequential damages (subject to the provisions of clause below).
Upon the repair/replacement of the Product, MVTB shall take into account the age thereof, and shall repair such Product to an acceptable state, subject to the inevitable wear and tear process. The cost of the material will be amortised over a period of ten (10) years, commencing on the installation date, and the cost of replacing defective material will be adjusted accordingly.
The expenses incurred for the removal of the defective Product and the installation of its replacement is not covered by this warranty.
This warranty shall be subject to an annual inspection by MVTB or a party, person or company formally nominated and appointed by MVTB, to satisfy MVTB that preventative maintenance or damage to the Product, covered by the warranty, has been performed by the client. MVTB may levy an annual inspection fee and reserves the right to recover costs. The responsibility to initiate and schedule the annual inspection by MVTB and to perform preventative maintenance vests with the Client.
This warranty will only be applicable to the following Product and Coating options as a minimum standard:
10 year warranty > 500m from the sea
Year 1 and 2: replaced at 100%
Year 3 and 4: replaced at 90%
Year 5 and 6: replaced at 80%
Year 7 and 8: replaced at 60%
Year 9 and 10: replaced at 50%
5 year warranty < 500m from the sea
Year 1 and 2: replaced at 100%
Year 3 : replaced at 80%
Year 4 : replaced at 60%
Year 5 : replaced at 50%
- Exclusions for warranty.
- Damage caused by installation not in compliance with the instructions of MVTB.
- Damage caused during storage, transportation, handling, installing, or after erecting the product, or when the product is used for purposes other than which it is intended.
- Spots of red rust/white rust on the welds on Galvanized coated products without PVC. The red/white rust will disappear after some time depending on the weather conditions.
- Parts of fence intentionally left uncoated for earthing purposes.
- Damages caused by temperatures above 50°C
- Corrosion due to abnormal levels of aggressive chemicals or to unexpected factors that were not mentioned by the applicant at the time of the warranty request.
- Corrosion of the buried parts of the product where the corrosion is due to alkalinity or acidity of the soil or corrosive elements present in the soil.
- Coating defects which are not noticeable with the naked eye at more than 5 meters from the fence.
- A limited number of rust spots with a surface of maximum 5% of the total surface of the individual products. White rust is excluded, as well as discoloration of coating and stain.
- Direct and indirect damages caused by wind and other extreme weather conditions such as storms, hail, and lightning.
- This warranty does not cover failure or damage due to improper use or application, soil or structural movement, floods, natural disasters, fire, abuse or misuse, vandalism, war, negligence, failure to perform proper routine maintenance.
- Claims and Liability:
- Unless MVTB shall within 7 days after delivery of the Goods, receive from the buyer written notice of any matter where it is alleged that Goods are not in accordance with the agreement, Goods delivered shall be deemed to have been delivered and accepted in full conformity with the Contract and the Buyer shall be entitled neither to reject same nor raise any claim for damages or any other remedy in respect of negligence and/or breach of warranty and /or condition.