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    Terms & Conditions

     

     

    Terms & Conditions

    Welcome to Solar Clarity (Pty) Ltd Terms & Conditions page! Please read our terms and conditions thoroughly. These are very important things to know so please take your time to get well acquainted with it.

     

    1. GENERAL

    1.1. These terms and conditions govern all transactions entered into between Solar Clarity (Pty) Ltd (registration number 2015/428152/07) “the Company”) and the Customer the purchaser of any goods supplied by the Company (“the goods”) and shall take precedence over any other terms and conditions which may be contained in any of the Customer’s documentation.

    These terms and conditions:
    Are subject to change and you agree that any order placed shall be subject to the terms and conditions in force at the time the order was placed;

    Are final and binding and are not subject to any suspensive or dissolutive condition;

    Expressly exclude any conflicting conditions stipulated by you;

    Apply to all employees, and agents of the Company

    1.2. The Customer shall be deemed to have agreed to these terms and conditions upon
    placing an order with the Company, entering into any transaction with the Company and/or upon acceptance of any of the Company’s quotations.

    2. QUOTES, ORDERS & SHIPPING COSTS

    2.1. All quotes will remain valid for a period of 7 (seven) calendar days from the date of issue.

    2.2. Orders by the Customer shall constitute irrevocable offers to purchase the goods in question from the Company and shall be capable of acceptance by the Company expressly, impliedly or by the Company’s conduct.

    2.3. The Customer shall bear the risk of any errors or misunderstandings arising from oral orders.

    2.4. Any orders purported to be made by or on behalf of the Customer shall be deemed to have been made with the necessary knowledge and authorisation of the Customer, which authorisation the Company need not prove, and the Customer shall be bound to any such orders made and will be deemed to have knowledge of and have accepted these terms and conditions.

    2.5. Your total cost for purchase of any product will include shipping and handling charges as reflected on the Company’s invoice.

    2.6. You undertake to effect payment as specified on the invoice furnished to you and acknowledge that the Company may levy interest at the rate of 1.5% per month, on outstanding amounts, or the highest rate allowed by law, whichever is greater.

    2.7. You undertake to effect payment as specified on the invoice furnished to you and acknowledge that the Company may levy interest at the rate of 1.5% per month, on outstanding amounts, or the highest rate allowed by law, whichever is greater.

    3. RISK & OWNERSHIP

    3.1. Risk in the goods will pass to the Customer on the date of delivery but ownership in the goods shall remain vested in the Company until the full purchase price for such goods is paid to the Company.

    3.2. While any amount is owed by the Customer to the Company in respect of any goods, the Customer shall be obliged to keep the goods concerned free of any lien, hypothec, encumbrance and/or attachment and will notify all third parties of the Company’s ownership of the goods.

    3.3. The Company shall have the right to remove and/or recover the goods from the Customer or any third party placed in possession of the goods through the customer, at the Customer’s expense, in the event of non-payment, and for such purpose the Customer hereby irrevocably authorises the removal and/or recovery of such goods and indemnifies the Company against any and all claims, including claims for costs, whether direct, indirect or consequential, made by any person against the Company arising out of the aforesaid removal and/or recovery.

    4. PAYMENTS

    4.1. The Company accepts the following payment methods:
    • (EFT) Electronic Funds Transfer
    • Cash Deposits – 2% bank levy applies
    • No COD or Cheque payment options

    4.2. It is the Customer’s responsibility to determine whether the goods ordered are suitable for the purpose of intended use. Should the Customer be uncertain as to the suitability of a product, please contact our offices for assistance prior to placing your order.

    4.3. The Customer shall effect payment to the Company on or before delivery / collection and no goods shall be released until all monies have cleared into the Company’s bank account. Cheques are not accepted as a method of payment.

    4.4. No discounts may be claimed or taken unless the Company has agreed to such discount in writing and the Customer shall have effected payment timeously.

    4.5. The Customer shall be liable to pay the Company any taxes and/or levies applicable to the goods at the then prevailing rate. If any payments due to the Company are subject to withholding tax, the Customer shall pay the Company an additional amount so that the Company receives the full payment that is due to it.

    4.6. Unless otherwise expressly agreed in writing, all payments are to be in South African Rand.

    4.7. The Customer carries any risk associated with or arising from the method to effect payment to the Company. The Customer shall be liable for the bank charges associated with any cash deposits and shall reimburse the company in respect of such costs prior to delivery.

    4.8. The Customer shall not be entitled, for any cause whatsoever, to withhold, deduct from or defer any amount due by it to the Company. All payments shall be free of exchange and set off. However, the Company shall be entitled, at its sole discretion, to set off any amounts that it owes to the Customer against any amounts that the Customer owes to the Company, and such set off shall be effective as soon as the Company notifies the Customer in writing of the set off.

    4.9. The Company may appropriate all payments from the Customer to any outstanding amounts as it, in its sole discretion, deems fit.

    4.10. The Customer must notify the Company of any error in any invoice submitted to it by the Company within 14 (fourteen) days from the date of the invoice concerned, failing which the invoice will be deemed to be free of any errors.

    4.11. Where applicable, prices are quoted on the ruling day exchange rate and may increase as a result of adverse changes in the exchange rate. Until such time as we have received payment in full, we reserve the right to charge any fluctuations to the client’s account and the client undertakes to pay for such fluctuations on demand. It is the responsibility of the client to check that there have been no changes in the price prior to attending to payment.

    5. PRICES

    5.1. Unless the Company provides the Customer with a written quotation, which the Customer accepts within the period for which the quotation is valid, the price of the Company’s goods will be the Company’s official list price at the date of delivery of the Goods.

    5.2. The Company reserves its right to vary any quoted price by adding thereto the increased costs to it of any goods prior to the date of delivery of such goods and the Customer will be notified in writing by the Company of such increase.

    5.3. Where prices are based upon a currency other than the South African Rand, any fluctuations in the exchange rate of such currency against the Rand, between the date of the Customer’s order and the date of the Company’s invoice, shall be passed onto the Customer who shall be liable for payment thereof.

    6. DELIVERY OF GOODS

    6.1. The date of delivery of the goods will be deemed to be the date when the goods are collected or delivered to the Customer’s nominated delivery address or the date on which the Company notifies the Customer that the goods are available for collection. Any third party who accepts delivery or who collects the goods from the Company will be deemed to be the Customer’s agent and it shall not be necessary for the Company to prove the authority of such person, who shall be deemed to have been duly authorised for such purpose.

    6.2. The Customer warrants that the signatory to any tax invoice, delivery note or any other documentation of the Company made out in the name of the Customer is duly authorised to bind the Customer in relation to the transaction and shall be accepted as proof of such indebtedness, delivery and that the goods are received in good order or such other fact, unless the Customer proves otherwise.

    6.3. The Company will endeavour to deliver the goods to the Customer within a reasonable period. The Customer shall not be entitled to cancel any order by reason of any delay and the Company shall not be liable for any damages for failure to timeously effect delivery of the goods for any reason.

    6.4. The Company reserves the right to split the delivery of goods ordered in the quantities and on the dates it decides with your prior consent, which consent shall not be unreasonably withheld.

    6.5. Delivery of goods may arrive separately as they could be dispatched from different suppliers directly to your door for convenience.

    6.6. Should you choose to engage a third party to transport the goods, you indemnify the Company against any claims of whatsoever nature that may arise from such an agreement.

    6.7. The Customer must inspect the goods on delivery. Unless the Customer notifies the Company in writing within 7 (seven) days of the date of delivery that the goods delivered are defective, short delivered, damaged or not in accordance with the order, the Company shall not be liable for any of the aforesaid discrepancies, provided that receipt of the aforesaid written notice shall only constitute proof of notification and not an admission of the discrepancy.

    6.8. Once the Company has satisfied itself of the validity of the Customer’s complaint, it will determine, in its absolute discretion, the manner in which it resolves such complaint.

    7. RETURNS

    7.1. You may return goods in the following instances:
    Within 7 (seven) days of the date of the receipt of the goods if the transaction falls within the scope of Section 44 of the Electronic Communications and Transmissions Act. The aforementioned return policy excludes items contemplated in Section 42(2) of the aforementioned Act; or

    within the implied warranty period if the product is defective; or

    Within 10 (ten) business days, if the Company has made an error in delivery.

    7.2. Notwithstanding the above, the Company shall not be required to accept the return of any goods, unless defective within the warranty period, if at your direction the goods have been:

    partially or entirely disassembled;

    physically altered;

    permanently installed, affixed or attached;

    Joined or added to or blended or combined or

    embedded within other goods or property.

    8. RETURNS PROCEDURE

    8.1. The Company will not accept the return of any product unless with the written consent of the Company.

    8.2. Customers agree to use only reputable carriers capable of providing proof of delivery and insurance for the entire value of the shipment. You are required to bear the cost of shipping and insurance required for the return of the goods to the Company.

    8.3. The Company will not refund shipping charges, unless an error in delivery was made by the Company.

    8.4. Should the Company in its absolute discretion elect to accept return of any goods, it will furnish the Customer with written notification and the goods must be immediately returned to the Company with the corresponding invoice, undamaged, unopened, clean and saleable. The risk in the goods shall remain with the Customer until the goods are received by the Company.

    8.5. Customers agree that all returned products for credit, replacement or refund will be 100% complete, in a resalable condition, and will include the original packaging material, manuals, blank warranty cards, and other accessories provided by the manufacturer.

    8.6. There shall be a 25% return charge (as per supplier/manufacturer charge) for returns due to the order being the fault of the consumer.

    8.7. If any component of the returned product is missing, the Company will refuse to accept the return or may impose additional charges against the Customer for the replacement of the missing component.

    8.8. The Company may impose a reasonable fee should it be necessary to restore the goods in order to render it suitably fit for re-stocking.

    9. CHANGE OF ORDERS

    9.1. All orders and variations to orders are subject to these terms and conditions. Only written orders and variations to orders will be accepted by the Company.

    9.2. Notwithstanding the above, the Company may, at its sole discretion, elect to accept and act upon telephonic orders and any variations to orders. The Company, however, reserves the right to refuse delivery or collection of any order until placed in possession of a written order form.

    10. CANCELLATION OF ORDERS

    10.1 Requests for cancellation of an order, prior to delivery, must be submitted in writing to info@solarclarity.co.za

    10.2 No refunds will, however, be furnished on deposits in the event of cancellation for specially ordered or manufactured goods.

    10.3. Any order is subject to cancellation by the Company should the goods ordered become unavailable due to any cause beyond the Company reasonable control.

    11. PROCESSING TIMES POLICY

    11.1 You can expect an order to be processed within approximately three to five business days, provided the items are in stock and the payment has been verified. The Company, therefore, cannot guarantee same day shipping. Customers should also note that no orders will be processed on weekends and official public holidays.

    12. BACK ORDERS

    12.1 The Company will notify you should there be any delay in obtaining/delivering any goods ordered. The unavailable order will be placed on back order, and the remainder of the order placed will be shipped.

    12.2. Please check our website for the back ordered items estimated time of arrival. Please note that the dates reflected are estimates and the Company cannot guarantee the arrival dates. Should the backorder, however, remain undelivered 30 (thirty) days from the date the order was placed you may cancel the agreement by giving the Company 7 (seven) days written notice.

    12.3 Any order is subject to cancellation by the Company should the goods ordered become unavailable due to circumstances beyond the Company’s reasonable control.

    13. USE OF THE GOODS

    13.1. The Customer shall ensure that the Goods are operated in accordance with the instruction manuals supplied with the goods and shall provide training to any third parties who come into contact with the goods.

    13.2. The Customer shall further ensure that all warnings displayed on the goods and/or their packaging at the time of delivery, shall not under any circumstances be removed, defaced or obscured and the Customer shall contractually pass such obligations to any third party recipient of the goods.

    13.3. The Customer indemnifies the Company against any loss or claim resulting from the Customer’s breach of this clause.

    14. WARRANTIES

    14.1. The warranty in respect of the goods is limited to the manufacturer’s warranty and the manufacturer, in its absolute discretion, shall elect how to give effect to the warranty.

    14.2. The Customer must utilise an approved installer of the Company’s in order to enjoy protection under the warranty. Neither the Company, nor the Manufacturer, shall be liable under the warranty in circumstances where the Goods have been installed by anyone other than an approved installer of the Company. That installer must issue a COC (Certificate of Compliance) for the installation.

    14.3. Save for what is expressly set out in this agreement, to the maximum extent permitted by law, the Company makes no warranties of whatsoever nature, whether express or implied, in respect of the goods, whether relating to their marketability, quality and/or fitness for any particular use or purpose.

    14.4. Any advice, recommendations or assistance provided by the Company concerning the use, design, application, or operation of the goods shall not be construed as representations or warranties of any kind and such information is accepted by the Customer at the Customer’s own risk and without any obligation or liability to the Company. It is the Customer’s sole responsibility to determine the suitability of the goods for the use in the Customer’s application(s). Failure by the Company to make recommendations, give advice or provide assistance shall not give rise to any liability to the Company.

    14.5. The Company makes no warranties of any nature whatsoever in respect of the qualification, ability and/or workmanship of any contractor or person which the Company may refer the Customer to in respect of the installation and/or commissioning of any goods purchased from the Company or for any other reason whatsoever.

    14.6. To the extent allowed by law, and notwithstanding any other provision of this agreement:
    Any goods supplied by the company shall be subject to the manufacturing company’s warranty;

    The only entitlement you shall have in respect of those goods shall be to require the Company to enforce such warranty against the manufacturer of those goods on your behalf.

    14.7. The warranty shall immediately be rendered null and void in the event of any of the following:
    Failure to use the products in accordance with instructions and specifications provided by the Manufacturer;

    Should the product been subjected to physical damage, abuse, misuse, alteration, neglect, tampering, improper maintenance, or has been serviced, repaired, installed by persons not possessing the necessary qualifications required to do so;

    The product is not returned with an invoice/verifiable method confirming proof of purchase.

    15. REPAIRS

    15.1 No repairs will be handled by the Company. All manufacture defaults will be handled directly by manufacturers.

    15.2. The Company shall not be liable for any loss or damage of whatsoever nature which you may suffer as a result of any unforeseen costs and/or delayed repairs done by manufacturers.

    15.3 The Company will lodge any complaint and place you in contact with the manufacturer to process the repair work or replacement of any product that was purchased through the Company.

    15.4. All costs for shipping to the manufacturer will be at the client’s expense should the manufacturers not offer a call out or free shipping policy to cover the expense.

    16. LIMITATION OF LIABILITY AND INDEMNITY

    16.1. The Company will not be liable for any indirect, consequential, or special loss or damages of any nature whatsoever and howsoever arising which may be suffered by the Customer or any third party, as a result of or in connection with any transaction entered into between the Company and the Customer.

    16.2. Any external factor causing damage to the inverter is not considered a warranty claim. These are but not limited to: Error 08 or 09, surges, short circuits, lightning, overload, incorrect battery sizing, incorrect solar panel selection and connection.

    16.3. The liability of the Company for damages, if any, shall not exceed the total price paid or due to be paid by the Customer for the Goods that form the subject matter of such claim.

    16.4. The above exclusions and limitations of liability shall apply regardless of how the loss or damage may be caused and whether based in contract, delict or otherwise.

    16.5. The Customer hereby indemnifies the Company and holds it harmless against any claim, damage, loss, cost or expense of whatsoever nature, made against the Company or the Customer by any third party arising from or associated with the goods supplied by the Company to the Customer, the use, operation or storage of the goods by the Customer or any third party, the Customer’s representations given to third parties in respect of the goods.

    16.6. If the goods or any part of them are to be supplied in accordance with specifications, measurements or other instructions furnished by the Customer, the Customer shall not have any claim of any nature whatsoever against the Company for any loss or damage sustained by the Customer or any third party as a result of any error, discrepancy or defect in those specifications, measurements or other instructions, or if the goods in question are not suitable for the purpose for which they are required, whether that purpose was known to the Company or not, and the Customer hereby indemnifies the Company in this regard and waives any claims against the Company related thereto.

    16.7. The Company accepts no responsibility for any damage caused to any goods purchased from it or otherwise and caused by any contractor in the installation and/or commissioning of such goods, whether or not the Customer was referred to the Contractor by the Company or not, and the Customer hereby indemnifies the Company in respect of such damages and holds the Company harmless against any claims in this regard.

    16.8. The Company shall not be liable for any error in any of its documentation or on its website and the Customer hereby waives any claim it might have had against the Company in this regard. In addition, the Company shall be entitled and hereby reserves its right to correct any such error, whether prior to or after acceptance of any order placed by the Customer with the Company by amending its documentation and/or website content.

    16.9. Notwithstanding any of the above, the Company does not exclude or limit its liability, if any, for any matter for which it would be prohibited from doing so in law.

    17. SERVICE ADDRESS & NOTICES

    17.1. For all purposes under this agreement including giving of any notice, the payment of any amount, the service of any process and for all other purposes arising from this agreement you hereby choose the service address set out on the quotation for the order of goods.

    18. BREACH

    If the Customer fails to adhere to these terms and conditions in any respect whatsoever, or fails to pay any amount on its due date, or suffers any civil judgment being taken or entered against it, or commits an act of insolvency, or is placed under sequestration, liquidation, judicial management or debt counselling (whether provisional or final, voluntary or compulsory) or takes steps or steps are taken against it to commence business rescue proceedings, or it makes or attempts to make any general offer of compromise with any of its creditors, the Company shall, without prejudice to any other remedies that it has available to it, be entitled to:-

    12.1. suspend or cease performance of its obligations to the Customer until the Customer’s breach has been remedied; and/or

    12.2. summarily cancel the sale of any goods to the Customer or claim specific performance of all of the Customer’s obligations whether or not such obligations have fallen due for performance; and/or

    12.3. repossess any goods which have not been paid for; and/or

    12.4. exercise its lien over any of the Customer’s property in its possession or under its control, in all events without prejudice to the Company’s right to claim damages.

    19. FORCE MAJEURE

    19.1. The Company will not be liable to the Customer for failing to perform its obligations as a result of an act of God or any cause beyond its control.

    19.2. Subject to the provisions hereof, in the event of delays in delivery or performance caused by a force majeure event or the Customer, the estimated date of delivery or performance shall be extended by the period of time the Company is actually delayed.

    20. LEGAL PROVISIONS

    20.1. All transactions between the Customer and the Company, including the interpretation and/or enforceability of these terms and conditions shall be governed by and decided upon in accordance with the laws of the Republic of South Africa.

    20.2. The Company has the sole option to refer any dispute arising from or in connection with this Agreement to arbitration, which arbitration will bind both the Customer and the Company. The arbitration will be held in accordance with the rules of the Arbitration Foundation of Southern Africa (“AFSA”).

    20.3. Either party shall be entitled to institute action in the Magistrate’s Court, notwithstanding that the amount of its claim exceeds the jurisdiction of such Court. This provision shall not preclude either party from instituting action against the other in any other competent court with jurisdiction.

    20.4. A certificate issued by any manager of the Company, whose authority, appointment and signature it shall not be necessary to prove, that certifies any indebtedness of the Customer to the Company, delivery of the Goods to the Customer or any other fact shall be accepted as proof of such indebtedness or delivery or such other fact, unless the Customer proves otherwise.

    20.5. A party that successfully enforces or defends its rights under this agreement shall be entitled to recover from the other party all legal costs incurred by the successful party on the scale as between attorney and client, including costs of Counsel on brief, tracing agent’s costs and collection commission.

    20.6. No relaxation or indulgence by either party shall prejudice or be deemed to be a waiver of that party’s rights in terms hereof.

    20.7. Each provision in these terms and conditions is severable, the one from the other. If any provision is found to be defective, unlawful or unenforceable for any reason, the remaining provisions shall continue to be of full force and effect.

    20.8. The Customer shall not be entitled to cede its rights or assign its obligations under this Agreement. However, the Company shall be entitled to cede its rights or assign its obligations under this Agreement, without notice to the Customer and such cessionary shall be entitled to enforce its rights hereunder against the Customer.

    For any inquiries or complaints regarding our terms, please email infor@solarclarity.co.za
    Or contact us on 087 109 2000

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