The Company a division of Orbic Technology (PTY) Ltd (herein after referred to as the Company) shall upon acceptance of any order by the Client, initiate a project to fulfil the terms of the original quotation within the terms of this agreement and the terms on the original quote that was accepted by the Clients. The receiver of quotation and payees of any monies into the company by the parties that accepted the quotations or the Clients representatives, will here after all known as The Client in terms of this agreement or the end user. Upon acceptance of the quoted price or deposits for any project, the client shall be deemed to have acquainted himself/itself with these terms. This agreement then will from the legal bind for The project between The Client and The Company.
Should any other document submitted by the client as a dispute, contain any conditions in conflict with those recorded herein, The Company’s terms and conditions contained herein shall prevail at all times.
On accepting the quotation and making a payment thereto into the Company bank account as per the quote, invokes the Company rights in full into any agreement made by The Client and The Company or the Companies representatives. The agreement to complete any project bind the client to the obligation of the project to the terms and condition herein, and binds the company into agreement with the terms of the quotation and agreement herein to complete the project as per the agreement and agreed amounts as per the quotation provided and accepted by The Client.
The Client acknowledges that he received data-sheets of the products and acquainted himself with the specifications of all equipment supplied by before he placed the order to The Company. The Client made sure that the equipment he ordered will comply to his expectations in full and that The Company can’t be held liable for miss use or abuse to the equipment in any way whatsoever, while the equipment is on the premise of the Client.
The Client understands that electrical equipment are influenced by Weather patterns, electro magnetic waves, Energy Spikes, Magnetic fields and many other electrical phenomenons, and that these effects or phenomenons may cause malfunction or damage to the equipment for which the Company cant be held responsible.
The agreement will be for the supply and installation of the goods as specified by the quotation provided and accepted by the Client. Further the project entitles providing the equipment as per the accepted quotation and installing the equipment to provide a working renewable energy power, this will be in accordance to the items supplied specification. The Client understands that exceeding the specification may make the system unstable and can cause damage to the system that may void warranties in full.
Reliable operation of the supplied equipment can only be accomplished within the limits of the equipment, and the Client cant blame the Company for any reason of malfunction to the equipment or if the equipment don’t achieve the clients expectations of reliable operation.
Any expectation outside the specification are not achievable and it is the Client’s sole duty to make sure that the equipment he chose to purchase are to his requirements. The Company can’t be held responsible if the client chose the incorrect specification for his requirements.
The original quote only entitles a short list of terms and the Client have the right as per the quote to request the full terms before placing the order.
The client agrees that no other terms, promises, representations, warranties or guarantees with reference to the products, deliveries or prices shall be of any force or effect except such as are consistent with those conditions herein the full agreements.The quote send to the customer serves as guideline and may be amended while the project is in duration.
(Projects) entitles: paperwork, drawing, documentation, calculations, installations, supply and delivery, cable work, technical services and any task or service that is related to the agreed accepted quote. Projects further includes consulting work, technical drawings, visualizations and any other activity to present the proposal to the client. These services may be charged against the clients account at a rate of R450 per hour in the event of a dishonoured project termination.
The quote and proforma amount that constitutes the initial order only constitutes the equipment on the original quote, and labour quoted for the items on the quotation. All work or Sundries required to complete the project may change during the project if any condition on the site or location influences the work. Any changes may be charged to The Client’s finale account.
Add-on quotes for any additional equipment ordered by The Client to the current running project will be deemed as additional items to the original current project’s inventory supply and the total project cost will be increased by the value of all the equipment on the inventory plus all sundries, labour and any other cost that The Company may incurs. Additional debits will be updated on the next month’s Statement.
The Company will send a monthly statement on the first week of the new month concerning the current balances of credits and debits to The Client. The statement period don’t waver any agreement rights on payment request made by The Company prior to sending the statement. Any delays on statement or if the Client have not received his by the 15th of the Month, the Client must contact the company by email (email@example.com) to request the Statement.
The Company may at goodwill inform the client before purchasing additional cable or extra items to complete the job that its required in order to complete the project, but not informing the client don’t institute a breach in the agreement. If the original quote don’t contain all equipment required, the Client may be informed at a later time that additional critical equipment have been supplied and installed by The Company or its Contractors and The Client will be billed for the extra cost of any additional equipment. Any mistakes on the quote may be corrected at any time by The Company to the correct values.
Price and Payments
Initial Price for the Project are the price on the original quote as accepted by the Client, however, price change can occur at any moment, even while the project is in progress. As many factors influence prices, the Company can’t be held reprehensible for price changes at any moment.
Leeway on any payments may be given as goodwill by the Company, however this does not institute a change in terms of the project.
At the time and date of undertaking the Client deposit the first payment the project and agreement will become substantiated in full, with the initial quote erving as the project framework, except if amendments are made by The Company,
The client shall pay an initial deposit or first payment, to the amount of the deposit as agreed to by The Company as acceptable. Further payments will be requested by the Company during the duration of the project and must be paid within 7 days of request except if extra leeway is give to The Client by The Company. Any Leeway is goodwill and don’t withdraw any rights of The Company whatsoever.
Upon acceptance of the order and payment The Company will start the project and time schedule s will be arranged.
The balance or further payments shall be payable within the allotted time or leeway provided by the Company, however when extra payments are requested by the Company, the Client must comply no later than a maximum of 7 days or 1 calendar week from when payment requests were made. Failure to make outstanding payments on time will be a severe breech and my constitute a complete breach of the project in the terms herein and the Company reserve the full right to cancel the Project as per the cancellation terms.
No Payment may be withheld for any reason whatsoever, if the client feels that an issue needs addressing the Company will do its part and look at the issue and The Company will decide if the issue is deemed a problem that needs to be fixed or repaired, if the situation or issue needs further addressing the Company will correct the problem. But small problems don’t constitute a valid reason to withhold any payment by The Client to The Company at any time during the Project, withholding payments causes unnecessary delays and logistic problems to The Company and its contractors.
The Project comes to a fulfilment and completion when the Client have paid all outstanding moneys on all the Equipment and all services provided on the project register (List of equipment supplied) and all test have been conducted by The Company or its representatives, with proof that the system is functioning within the system specification of the supplied equipment.
Electrical Compliance Responsibility
Any project, solution or products provided are only a part or section of a complete electrical system and are in most a UPS power add on to the current electrical system. The project therefore does not institute a complete comprehensive electrical system nor does it override the current system requirement. It is the Client’s responsibility to ensure legal requirements are met and that all parts quoted compliment his needs.
If a COC are requested, from the Company, the Client will use the Companies electrical contractor for correcting all electrical issues, as required by Law.
The Company only recommends solutions that is available in the market place and cant be held responsible for any non-compliance of any product or any changed in legal statues that may cause non-compliance for any product supplied by the Company. The Company also is not responsible for any compliance requirements that are not met at the time or after the project is completed. The Client will be responsible to register his solution when and where required as the law may request from time to time. That includes the original electrical wiring of the property or premises.
The Client is responsible for obtaining his own COC. The company will provide a AC UPS Coupled Solution and the client will provide the Electrical artisan for COC compliance or registration at his own cost and time. If any non complaint products are change after the installation was done at any time , the full cost thereof will be for the client account.
Any modification that the Company may do as Goodwill to the clients electrical system does not institute a compliance approved change and it remains the Clients’ responsibility to ensure that his electrical system remains safe and complaint. Thus, the Company does not accept any legal responsibility for the Clients complete electrical systems in terms of legal or safety requirements, before or after the project is completed.
Delivery, Risk and Ownership
Delivery of the product and installation, if included in the contract, shall be effected at the designated address set out in the quote unless directed otherwise in writing by the client.
Provided that the client is not in breach of its obligations, The Company undertakes to deliver and, if applicable install the product within a reasonable time. The Company or its contractors shall not be liable in any way for any loss as a result of late delivery or installation delays of the system as a result of unavailability of stock, strikes, riots, power outages, lockouts, trade disputes, acts or restraints of government, vis major, the imposition of restrictions on exportation or importation or from any other cause not within the control of the Company. The total risk in the products quoted shall pass to the client immediately upon delivery to the designated address.
Notwithstanding delivery of the product the Company strictly reserves ownership of the product until it has been paid for in full, on which date ownership shall pass to the client. In the event of non-payment of any amounts owing in terms of this agreement the client agrees that the product shall not accede to the immovable property and The Company shall be entitled to uplift the product and to retake possession of the product delivered, at the client’s cost. The Client understands and it was explained that he is fully responsible for his system and the management of all equipment. The Company may by Goodwill provide additional services to assist the Client to mange his system better, these additional services are only Goodwill and does not constitute any new agreement or responsibility to upon The Company, and are only Goodwill in its fullest deliverance.
The client shall provide The Company with access to the premises in order to effect the work. At the site, electricity shall be made available, at no charge to te The Company for the purposes of the installation. The client shall point out where the electrical meter and DB board is situated, allow The Company to shut down the electricity to connect the electrical connections to the product.
The client is responsible to ensure that the rand value added to the structure after the installation of the solar system is covered by his home-owner’s insurance. The client is responsible for insurance against theft and damages as soon as any equipment have been delivered or installed on the site except if both parties agree differently in writing. Cancelling the agreement before the project is completed by any reason from the client will not defer The Client to exclude the Company from any claim against any loses The Company might suffer to the full amount of the project.
Should the equipment fail due to electrical surges or wrongfully use of the equipment the Company are excluded against any claim. The Company may charge call out and labour fees at market related prices if the Client reports a fault and The Company finds that it was caused by something else but the Equipment was not the cause of the failure. The Company may also charge call out fees and travel fees for a general inspection when required by the Suppliers or The Company, to ensure that the equipment are in good working order, and updated with the latest firmwares.
Breach or Termination of Contract
In the event of the client being in breach of any of its obligations as specified herein, The Company may, without prejudice to The Company’s rights claim payments from The Client of any amounts outstanding or any damages sustained by The Company by reason of The Client’s default, The Company will have the right to recover any products that have not been paid for in full at The Clients expense.
In the event of The Company being obliged to take any action to enforce any rights and obligations as specified herein, the client shall be responsible for all costs in connection with such proceedings on a scale as between an attorney and his own client.
In the event that the client cancels the agreement while in progress, legal cost arising from a dispute between The Company and the client will be payable by the client including any cost to remove the equipment from the client premises.
If the full balance is not paid upon completion of the work or if any request for outstanding payments needed to fulfil the promises of the Company are withheld for any reason by The Client whatsoever, the Company have the right to cancel the project with immediate effect and recover any loses or interest owed. Interest may be charged at the maximum rate allowed in law from the date of cancellation to the date of final payment.
Should the Company cancel the project due to non-payments or other reason as per this agreements breach of this agreement by the Client, the company have the right to charge a project cancellation fee of 10% on total project cost and the company can claim all other cost such as Legal Fees, logistics cost, travelling costs, storage fees, consulting fees and any damages to the clients name and reputation.
No settlement discount shall be permitted unless otherwise agreed to and recorded in writing between parties. All amounts payable in terms of this agreement shall be paid free of bank exchange costs.
Any Verbal abuse or threats to the company or any of its employers or Contractors may at the Company’s Directors discretion constitute a severe breach in this agreement.
All warranties on all products will void when the project is cancels by The Company due to breech by The Client.
Any leeway provided by the Company on payments does not constitute any breech in this agreement or the to quotation terms or the Companies rights in any way.
All discounts and goodwill value that was given by the Company to the Client may be cancelled and enforced as payable if the Client breaks the agreement through by non-payment or abuse to the Company and its employees.
All warranty claims must be made in writing and a representative of The Company shall be afforded access to the premises to inspect any alleged damages which gave rise or a claim. The warranty excludes any per-installed equipment and its components. All workmanship is warranted for a period of 2 years, provided that has been effected by The Company approved and accredited Contractor.
The client acknowledges that the performance of the projects PV section is subject to the solar radiance input and that climatic conditions may adversely influence performance.
All component replacements are to be performed by The Company approved installer. Component replacements performed by non The Company approved installers will invalidate the warranty on the solar system.
General and Interpretation
These terms and conditions supersede all previous agreements, whether oral or written.
No amendment or variation of these terms shall be valid or binding unless reduced in writing and signed by The Company or it’s duly authorized representatives.
The terms and conditions contained herein shall be binding on the client, his/its successors-in-title, heirs, administrators, liquidators, trustees, executors or assigns.
No indulgence or extension granted by The Company to the client shall not prejudice in any way the right of The Company to enforce its stipulated herein nor shall it create new rights nor be construed as a waiver.
All parties choose his/its domicillium citandi et executandi as per the quote addresses where the project was conducted or will be conducted and for all purposes of any legal process or notices the physical address and for purposes of delivery of The Company’s statement
Any notice to be given to the client in terms of or for the purposes of this agreement shall be valid and effective if given in any form of writing, further subject thereto that statements need not be sent by registered post.
If sent by post, whether registered or otherwise, any notification or statement shall be deemed to have been received 7 (SEVEN) business days after it is posted or on the actual day of delivery if delivered by hand.
The client and the Company shall be entitled to change his/its address for the purpose of this clause to any other address in South Africa by giving written notice to that effect to the other party.
Notwithstanding anything to the contrary herein contained, a written notice or communication actually received by the client shall be adequate written notice or communication to him/it notwithstanding that it was sent to or delivered at his chose domicilium citandi et executandi.