- Reference to “the Seller” shall mean Amber Bay Investments 71 (Pty) Ltd t/a Mouldings & Frame International and/or Natal Art Craft Industries and/or Novel Arts & Frames and/or Inspired Design and reference to “the Purchaser” and/or “the Customer” shall mean the party to who the goods are to be supplied from time to
- The Customer acknowledges that these “Conditions of Sale” may be varied at any time and/or that additional and/or new “Conditions of Sale” may become applicable from time to The Seller shall give written notice to the Customer of any variation to the “Conditions of Sale” in respect of any additional and/or new “Conditions of Sale” that may become applicable. Unless the Customer shall advise the Seller in writing within Ten (10) days after the receipt by of the said written notification referred to aforesaid that the Customer does not accept the variation, the Customer shall be deemed to have agreed to the variation and/or the new “Conditions of Sale” that may become applicable. Such variation and/or additional and/or new “Conditions of Sale” shall thereafter be binding upon the Customer. If any dispute shall arise as to which “Conditions of Sale” shall apply to the Customer in respect of any delivery of goods to the Customer, the Customer acknowledges that notwithstanding the dispute it shall, pending the outcome thereof, remain bound by the “Conditions of Sale” set out herein.
- All orders are subject to confirmation by the Seller whose address shall be the place of acceptance of orders. Unless the Seller’s confirmation shall be otherwise in writing communicated to the Purchaser, the delivery of the goods shall be deemed to constitute the Seller’s The Seller shall not be obligated to advise of the non-acceptance of any order. Upon confirmation of the Order the sale shall be deemed to have become concluded.
- Passing of Ownership and Risk
- The ownership of any goods sold by the Seller to the Purchaser shall not pass to the Purchaser until payment of the full purchase price thereof has been made, unless such goods are sold by the Purchaser at full market value to a bona fide customer of the purchaser in the ordinary course of
- The risk in and to the goods sold hereunder shall pass to the Purchaser on delivery thereof notwithstanding the reservation of ownership
- If payment of the purchase price of any goods sold to the Purchaser becomes overdue in whole or part then, without prejudice to any of the Seller’s other rights, the Seller (or its Agents) shall be entitled without notice to cancel the sale and recover possession of to sell the goods or any part thereof and shall be entitled to enter upon the Purchaser’s premises for the purpose of such resale or for the purpose of inspecting the contests of such premises for the purpose of re-taking possession of the goods, provided that such re-taking is allowed by law.
- If such goods have been incorporated in or used in the manufacture or make-up of other goods before payment of the purchase price, ownership of the whole of such other goods shall vest in and remain with the Seller until such payment has been made, or the other goods have been sold as aforesaid and all of the Seller’s rights hereunder in the goods shall extend to those other If any dispute shall arise in regard to the ownership of the goods remaining vested in the Seller, such goods shall be deemed to be pledged by the customer to the Seller as security for the customer’s indebtedness to the Seller and the customer shall be deemed to hold goods as the agent of the Seller and/or for and on behalf of the Seller.
- If third parties try to assert or substantiate rights to any goods in which the Seller still has proprietary rights, the Purchaser shall be obliged to inform the Seller of any such action immediately, and the Seller shall be entitled to take whatever action it may see fit to protect its rights including cancellation of the sale and re-possession or re-sale of the In the event of any such event cancellation of the sale the Purchaser undertakes to maintain safe custody of the goods until re-possessed or re-sold by the Seller and, upon request from the Seller, the Purchaser further undertakes to hand over the goods to the Seller.
- The provisions of this clause shall prevail, notwithstanding anything for the contrary contained in the Conditions of
- Terms of delivery
- Delivery in respect of all orders shall be F.O.R. Seller’s premises unless otherwise recorded in writing and agreed to by the Seller. If the order is F.O.R. Purchaser’s nominated address, any increase delivery charges after the date of the order may, at the discretion of the Seller, be added to the contract price.
- If the order is F.O.R. Seller’s premises all goods delivered to the Customer shall be fully insured at the Customer’s expense based on the Seller’s standard premium rate, unless the Customer specifically requests the Seller in writing not to insure any goods so delivered.
- Where the Seller has arranged insurance on goods delivered, claims must be filed by the Purchaser with the insurers within 10 days of receipt of goods in respect of claims for shortages or damages, and in respect of claims for total non-delivery of goods, within 20 days of delivery date. Copies of such claim must be furnished to the Seller immediately.
- All payments are to be made at the Seller’s offices in Durban and/or any other location as the case may be.
- Payment shall be on such terms as the Seller’s may determine with regard to each other from time to
- In the event of any payment not being made on due date then the full balance then owing by the Customer to the Seller from whatever cause arising shall forthwith become due and Should the Customer’s account fall into arrears in relation to his terms of payment, or should the Customer’s total indebtedness to the Seller exceed the Seller’s discretionary credit limit given to the Customer, the Seller shall be entitled to suspend the delivery of any goods to the Customer and shall not be obliged to deliver any further goods whatsoever.
- The Seller and the Purchaser agree that the Magistrate’s Court shall have jurisdiction in respect of any proceedings to be instituted by the Seller against the Purchaser. To the extent that it may be necessary, the Purchaser and the Seller hereby consent to the jurisdiction of the magistrate’s Court referred to Notwithstanding the aforegoing, if the amount of the Seller’s claim against the Purchaser is in excess of the jurisdiction of the Magistrate’s Court, the Seller shall be entitled in its sole and absolute discretion to elect to institute proceedings against the Purchase in any Division of the High Court of South Africa having jurisdiction.
- In the event of any payment not being made on due date, interest shall be paid by the Purchase on such overdue amount and shall be charged to the Purchaser at the prime overdraft rate of interest payable, shall be binding on the Purchaser and the Seller.
- In the event of the Purchaser failing to pay any amount timeously and the Seller referring the collection of such amount to its Attorneys, the Purchaser shall be liable for such collection commission as may become payable and for all costs arising from the recovery of any amount owing by the Purchaser, including Attorney and own Client
- Loss or Damages
- The Seller shall not be responsible for any loss or damages of whatsoever nature and howsoever caused and whether general or special which the Purchaser may suffer in the event of goods being delivered after delivery date or in the event of the goods not being delivered at In the event of the Seller being required to effect delivery by instalments, its failure to effect any one delivery and/or late delivery of any one instalment, shall not affect the validity of this contract and the Purchaser shall not have the right to refuse to accept delivery or of the balance of the goods to be delivered. The Seller shall not be liable for any consequential damage that the Purchaser may suffer as a result of the late delivery or non- delivery of the goods.
- In executing orders to Purchaser’s requirement, the Seller shall be entitled to exceed or deliver less that the quantity ordered by not more than 10% (10 percent).
- The Purchaser shall advise the Seller of any claims and shortages within 48 hours from date or receipt of goods, after which no claims whatsoever will be recognized and the Purchaser shall be deemed to have accepted the goods in full compliance with the order. The Seller’s liability is limited to the cost price of goods supplied to the Purchaser and the Seller will not be responsible for loss of profit and/or goodwill of consequential losses of any The sale or use by the Purchaser of any defective goods, unless otherwise agreed to by the Seller in writing, is entirely at the Purchaser’s own risk.
- Claims by the Purchaser referred to in Clause 10 above do not exonerate the Purchaser from payment for goods when the relevant invoice fails due for
- No goods shall be returned to the Seller for any reason whatsoever without securing the Seller’s prior written agreement and no goods will be accepted for return by the Seller without such prior written No representative of the Seller has authority to accept the return of goods for any reason whatsoever unless this has been authorised by the Seller’s Head Office in writing. The return of any goods, without such agreement shall be at the Purchaser’s sole risk and expense.
- If after the date of which the goods are ordered there is an increase in the rate of Foreign Exchange, customs duties, excise duties, customs surcharge or any other tax thereon, which affects the coast of the Seller’s raw material, such increase may, at the discretion of the Seller, be added to the contract
- In the event of any increase in the cost of raw materials, the Seller reserves the right to increase the price of any contract by notifying the purchase thereof. The Purchaser shall have the right to cancel the balance of the contract, but unless the Seller receives written notice of such cancellation within (seven) days of the Purchaser being notified of an increase, the Purchaser shall be deemed to have accepted such
- No discount is allowed on Value Added Tax, excise duty, railage or delivery charges of any kind charged to the Purchaser’s Any increase or decrease in the rates of these items after the date of the order shall be for the Purchase’s account.
- No extension of time or other indulgence that may be granted to the Purchaser by the Seller shall constitute a waiver of the Seller’s rights in terms of this agreement and nor shall any such extension or other indulgence operate or be deemed to operate so as to prejudice the Seller in any way whatsoever.
- No representative of the Seller is authorized to vary any of the terms and conditions of sale as herein Any of the terms and Conditions of Sale may only be varied in writing by the Chief Executive of the Seller or by a resolution of the Board of Directors of the Seller.
Terms and Conditions for Décor Jobs and consultations:
- All consultations will be invoiced on an hourly rate system. If the quotation is not accepted, then the cost for the consultations becomes payable. If the quotation is accepted the consult fee will be reduced by 50%
- On acceptance of the Inspired Design quotation, a non-refundable deposit of 60% is
- Manufacture, final design and orders will not be processed until the deposit is paid.
- Balance of payment is due 24hrs prior to installation
- In the event of the delivery / installation being postponed due to third party delays, payment may not be withheld.
- Banking details:
Name: Inspired Design -Amber Bay investments 71 (Pty) Ltd
Bank: Absa Bank
Branch code: 632005
Account Number: 4087709637
Ref: ID Umhlanga + Client name
- Goods not paid for in full will not be permitted to leave our premises. Should non-payment be the result of a delivery and/or installation being cancelled for any reason whatsoever, the cancellation fee levied by our service provider will be for the client’s account. Furthermore, should there be a need to send the items to a storage facility, all relative costs will be for the client’s account, and we shall not be held liable for damages whilst in storage.
- Goods not paid for in full remain the property of Inspired Design. If outstanding balances are not settled within 3 months, the goods will be sold to defray expenses.
- Insurance: We strongly recommend household insurance is arranged and applicable from the day we commence installation as our insurers liability falls away once the goods are on the client’s premises.
- Suppliers’ Price Increases: We have no control over price increases. If, during or after a proposal/quotation, the price of fabric is increased, and in the unlikely event we are not able to negotiate favourably with our supplier, we shall have no alternative but to adjust our proposal accordingly.
- Schemes, furniture design and any other decor/design concepts shall remain the intellectual property of Inspired Design, and may not be copied in any form.
- Inspired Design staff do not have the authority to accept the return of goods for any reason whatsoever unless this has been authorized by the ID Head Office in writing or via email. The return of any goods, in the original packaging, will be liable to a 10% handling fee and credited accordingly via EFT.
- No cash refunds will be applicable.