It will take only 5 minutes to read these Terms and Conditions. They are important. They aim to ensure that we are clear and aligned on any commitments and expectations. Please familiarise yourself with them so that we all know where we stand.
Our website, a written quote or our current Price List shows the current price of goods you may order from us. Additional VAT and delivery charges will be specified. Charges may change from time to time depending on market fluctuations. Once you place an order and we accept it the final price is on our Pro Forma Invoice or Order Acknowledgement.
2.1 We have an inventory of locally stocked fabrics. Should you order an item that we don’t stock, then we must place an order for it. This is called an ‘Indent Order’. Indent Orders for fabrics and wallcoverings require an upfront deposit of 50% prior to acceptance. That percentage may vary from time to time at our discretion.
2.2 Orders for locally stocked fabrics are accepted when we supply you with a Pro Forma Invoice or Order Acknowledgement, depending on your payment terms with us. For high volume orders or special orders of locally stocked fabrics, we will send you a Deposit Requisition and require an upfront payment.
2.3 For Indent Orders we will send you a Deposit Requisition. Once we receive the deposit, you will get an Order Acknowledgement which includes the estimated delivery date.
2.4 Online orders will require immediate payment in full upon checkout.
2.5 Our invoices specify the description of the items ordered, quantity, the price and the payment terms.
2.6 You are responsible for deciding the quantities of fabrics and wallcoverings that you order from us. To determine the correct quantity, you must find out the necessary information from your manufacturer or installer BEFORE you place an order.
We will always do our best to get your order to you promptly and within the estimated delivery dates indicated. Sometimes deliveries get delayed by circumstances beyond our control and so we cannot guarantee a delivery date. We also cannot be held liable for any loss or damage caused by late delivery.
4.1 The signature of any of your employees or agents on the official delivery note, invoice or waybill or the delivery note of an independent carrier is proof of delivery of the goods.
4.2 Please check the goods carefully when you receive them to make sure they are correct in quantity, design and quality. If you find any issues, please advise us as soon as possible and at least within 15 days of delivery
5.1 Payment is cash prior to delivery, unless we have agreed otherwise.
5.2 Where a Purchaser has an account with us, then payment is due on or before the last day of the month following the delivery of the goods, and according to any terms agreed between us. If your delivery arrived in June, then payment is due by 31st July.
5.3 All online payments will be processed immediately upon checkout.
5.4 Payments must be made in full, and you must not under any circumstances deduct any amounts due, unless we have agreed to this in writing.
Things that may go wrong
Once an order has been delivered, you will have up to 15 days ONLY from the date of delivery to advise us in writing if there was any shortfall in the items ordered. If there has been a shortfall, we will do our best to effectively make up the shortfall.
Once an order has been delivered and BEFORE the cutting of fabric or installation of wallcoverings, you will have a maximum of 15 days ONLY from the date of delivery, to advise us in writing if there was any discrepancy between the product ordered and the product supplied. If you have cut the fabric or installed the wallcovering we cannot accept any claims for discrepancies.
8.1 There are two solutions to good wallcovering installations: a qualified and reputable installer and proper surface preparation.
8.2 Any damage that occurs to the wallcovering or the installation area during the process of fitting the wallcovering or any damage due to incorrect installation or poorly prepared wall surfaces is your responsibility.
8.3 If quality issues are identified during the installation of wallpaper, you must let us know immediately in writing. In such a case, installation should be limited to a maximum of 3 drops of wallpaper. Claims of more than 3 drops of wallpaper will not be accepted.
9.1 We hope this doesn’t happen but if you don’t pay us on the due date then:
9.1.1 all amounts owing will immediately become due and payable, even if the amount would not normally have been due and payable; and
9.1.2 interest will be charged on late payments at the publicly quoted prime overdraft rate of Standard Bank of South Africa Limited plus 5%.
9.2 A certificate issued by a Director, whose appointment and authority we will not need to prove, is evidence of the amount owed to us, including interest.
10. 1 Locally stocked fabric: You may only cancel an accepted order BEFORE the fabric has been cut, subject to this Clause.
10. 2 If you cancel an order for fabric that has already been cut and it is less than 5m in length, we will have to charge you for the full invoice of the cut fabric. If the fabric length is greater than 5m in length, you may return it to us, and we will charge you a handling fee of 25% of the invoiced value of the returned fabric.
10.3 High volume orders or special orders of locally stocked fabrics cannot be cancelled.
10.4 Indent Orders cannot be cancelled.
10.5 If you insist on cancelling a high volume order, special order or Indent Order then you will forfeit the 50% deposit. In addition we may institute an action for damages and breach of contract. Where circumstances beyond our control mean that we can’t fulfil our side of the order, we may vary the terms of our agreement, whilst doing our best to be fair and reasonable.
11.1 Fabric and wallcoverings cannot be returned after 15 days from the date of delivery, unless the product becomes defective within a period of 6 months from date of delivery and taking into consideration its intended purpose and normal use together with the following points:
11.1.1 Dye-lot variations occur in all fabrics and certain wallcoverings and are unavoidable. You must examine the product, taking into consideration its generally intended purpose and normal use, before accepting delivery. Subtle textures, slubs, colour and weaving irregularities associated with natural fibres are not considered to be defects;
11.1.2 We will not be held responsible for any loss or damage as a result of the product being incorrectly cleaned or handled;
11.1.3 We will not accept claims if the fabric has been chemically treated after purchase;
11.1.4 We will not accept any responsibility for fabrics and wallpapers fading or disintegrating because of exposure to harsh sunlight. Fading and disintegration as a result of exposure to sunlight will be accepted as fair wear and tear in line with its normal intended use;
11.1.5 In line with SABS quality standards, 5 flaws within 50 metres of fabric are considered commercially tolerable.
11.1 We will not be responsible for consequential loss or damages because of a defective or hazardous product.
Ownership of any goods only passes to you on payment in full.
Risk of loss or damage passes to you when the goods leave our warehouse or premises unless our agents are responsible for delivery, in which case risk will pass on delivery. If you use your own delivery agent, then you assume all liability for the delivery and we cannot be held responsible for any loss or damage that may occur, and you indemnify us against any claims arising from the delivery.
14.1 We believe that the success of any relationship depends on communication. It is possible there will be occurrences that neither of us anticipated. If a dispute arises you will seek to avoid adversarial proceedings and instead to collaborate with us to find a resolution through open, honest communication, committing to a sense of fairness for all involved.
14.2 If we cannot resolve any dispute through conversation, either of us may then refer the dispute to mediation. If we can’t agree on a mediator within seven days of the request by either one of us to refer the dispute to mediation, we will apply to the South African Association of Mediators (SAAM) to appoint a mediator. We will try to agree how the mediation is conducted. If we cannot, we will seek directions from the mediator. We both commit to at least 3 sessions of mediation before resorting to arbitration.
14.3 If we still don’t manage to resolve the dispute then an Arbitrator will be appointed. Together we will choose someone who located in Johannesburg, Cape Town or Durban and the Arbitrator’s decision will be final and binding. If we cannot agree on an Arbitrator then we will ask the Arbitration Foundation of South Africa (AFSA) to appoint an Arbitrator for us.
15.1 We may, in our sole discretion, suspend deliveries or cancel this contract if any of the following occur:
15.1.1 you breach of any of these terms or conditions; or
15.1.2 you, being an individual, die or are provisionally or finally sequestrated or surrender your estate; or
15.1.3 you, being in a partnership, and the partnership is terminated; or
15.1.4 you, being a company, are placed under a provisional or a final order of liquidation or judicial management; or
15.1.5 you compromise or attempt to compromise generally with your creditors; or
15.1.6 for any reason whatsoever, we are prevented in whole or in part from performing our obligations under this contract.
16. No variation
Any alteration or variation of these terms and conditions must be expressly agreed to in writing and signed by us.
17. No Indulgences
Any indulgences extended to you will not amount to a waiver of any of our rights.
If it turns out that a particular term or condition is not enforceable, this will not affect any of the other terms and conditions.
19. Change of ownership
If there is a change of ownership in your business or partnership or, if you are a company, a share transaction results in the changing of the majority shareholding, you must notify us within 7 days of the change.
If we must institute legal action against you (we hope we don’t!), costs will be payable on an attorney and own client scale, and these will include tracing fees and collection commissions payable in terms of the law.
21. Changes to these terms and conditions
It is possible we may have to change these terms and conditions and we reserve the right to do so without your consent. We will let you know as soon as possible of any changes.
These terms and conditions are governed by South African law and you consent to the jurisdiction of the Magistrates’ Courts regardless of the amount of any claim. This does not mean that, if we do need to institute action against you, we cannot go to the High Court.
For more general information about our company please visit our website https://stleger.co.za/ or give us a call on +27 (0)11 444 672
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