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Conditions of Sale
XPANDA’S STANDARD CONDITIONS OF CONTRACT
(UPDATED 3/08/2010)

The person/entity referred to on the reverse of this document next to “Quote To”, is the “Purchaser”.

Xpanda shall herein be referred to as the “Supplier”.

1. This contract contains all the Terms and Conditions agreed to between the parties who furthermore acknowledge that there are no undertakings, representations, warranties, or terms of any nature whatsoever, other than as contained herein.

2. No alteration or variation of this contract shall be of any force or effect unless recorded in writing and signed by both parties.

3. The Terms and Conditions contained in this agreement shall be firm and hold good for any of the terms, from the date of issue. On acceptance of this agreement by the “Supplier”, this will constitute a binding contract.

4. The “Purchaser” undertakes to pay the “Supplier” a 50% (fifty percent) deposit on the total purchase price, including VAT, on acceptance of this agreement by the “Supplier” and the balance of the purchase price, including VAT, shall be paid by the “Purchaser” on the day of installation.

5. The “Purchaser’s” deposit shall be forfeited if the products are not installed/collected/ received within 3 (three) months of the date of receipt of the deposit by the “Seller”.

6. The “Supplier” undertakes to use its best endeavors to carry out the work and complete the same within a reasonable time, but does not accept any liability, consequential or otherwise, should the work not be completed timeously, as a result of circumstances beyond its control, including but without limiting the generality of the aforegoing: strikes, acts of God, storms, wanton vandalism, fire, load shedding, availability of materials and mechanical failure of any of the “Supplier’s“ vehicles.

7. The “Purchaser” shall have no claim for damages whether consequential or otherwise against the “Supplier” and shall indemnify the “Supplier” accordingly.

8. Should any amount due and payable by the “Purchaser” to the “Supplier” not be paid on the due date, the “Supplier” may suspend delivery and demand payment prior to effecting delivery.

9. Failure to pay any amount on the due date will result in the total contract price becoming due and payable with immediate effect.

10. Interest on overdue payments will be charged by the “Supplier” at a rate of 2.5% (two and a half percent) above the prime lending rate per annum, and shall be payable by the “Purchaser”.

11. The products shall remain the property of the “Supplier” until the full purchase price has been paid for by the “Purchaser”, notwithstanding that the products have been delivered and/or installed at the “Purchaser’s” nominated premises. In the event of the “Purchaser” not making full payment of the purchase price, the “Supplier” shall be entitled to remove the products from the premises, whether delivered or installed, without a court order.

12. In the event of any dispute arising out of this contract, the parties hereby agree and consent to the jurisdiction of the Magistrate’s Court, irrespective of the amount involved in such claim. The “Purchaser” will be liable for all legal costs incurred by the “Supplier” on attorney and own client scale, including collection commission and further costs of collection.

13. The “Purchaser” indemnifies the “Supplier” against any/all claims which may be made against the “Supplier”, arising out of the faulty installation of products or damage caused to any of the “Purchaser’s” property by any workmen in, or not in, the employ of the “Supplier”.

14. This contract of purchase and sale between the “Supplier” and the “Purchaser” shall be governed and interpreted in accordance with the laws of the Republic of South Africa.

15. The signatory is duly authorised thereto in the event of the “Purchaser” being an unincorporated association, company or close corporation. Note: The signatory will be held personally liable as “Purchaser” in the event of the signatory not being duly authorised as required, should the “Purchaser” breach the terms of this agreement in any way whatsoever, including the failure to pay any amount on the due date.

16. Should there be any form of defect (in respect of materials or installations) or complaint from the “Purchaser”, the “Purchaser” shall within 3 (three) days after installation of the materials, give the “Supplier” written notice of such defect and/or complaint, failing which, it shall be deemed that the installation has been performed in a satisfactory manner and the product has been correctly produced.

17. In the event of a claim, the “Supplier” reserves the right to inspect the products to assess whether the products have been properly maintained or have been neglected (see Guarantees).

18. The “Supplier” provides a range of standard colours. If the “Purchaser” orders a non-standard colour, the “Supplier” requires the “Purchaser” to furnish the “Supplier” with the correct colour reference. The “Supplier” undertakes to take all possible measures to match, as best as possible, the “Purchaser’s” choice of colour, however, the “Supplier” makes no guarantees regarding the matching of colours or surface finish.

19. In the event that the goods are to be hot dip galvanized, the “Supplier” advises as follows:

(a) The finish is inclined to be rough and bumpy with zinc deposits and tubular sections which may distort slightly.

(b) If the “Purchaser” is not certain as to what to expect, the “Supplier” requires that the “Purchaser” visit the “Supplier’s” works prior to fabrication in order to satisfy themselves as to the characteristics of a hot dip galvanized finish.

(c) Should the “Purchaser” reject any hot dip galvanized product due to the finishes mentioned above, the “Purchaser” is liable for any/all costs incurred to satisfy the “Purchaser’s” requirements, as the “Supplier” adheres to all requirements governed by the SABS ISO 9001/2000.

20. The “Supplier” will repair, at its option, any product or any component found to be defective in materials or workmanship, within 1 (one) year of the original purchase. This warranty is valid for the original “Purchaser” from the date of initial purchase and is not transferable. Proof of purchase is required to obtain warranty performance. The “Supplier’s” dealers, service centres, or retail stores offering the “Supplier’s” products do not have authority to alter, modify or in any way change, the terms or conditions of this warranty. No representations or warranties of any other nature, other than those, such as are stipulated herein, have been made by the “Supplier”, and the “Supplier” shall, under no circumstances, be liable for any alleged consequential damage suffered by the “Purchaser”.

21. Time shall not be regarded as the essence of this Agreement. In the event of a delay, the “Supplier” shall have the discretion whether to continue or terminate delivery. In the event of the “Supplier” not electing to terminate the delivery due to such delay, the “Purchaser” shall accept delivery when delivery is tendered and shall not be entitled to repudiate the order on the basis of delay in delivery nor shall there be any claim for damages of any nature whatsoever cause arising, made by the “Purchaser” against the “Supplier” in respect of such delay.

Guarantees

All the “Supplier’s” products carry a guarantee, no matter where they are installed.

All these guarantees are subject to the “Purchaser” maintaining their security products. See www.xpanda.co.za for Maintenance Procedures.

(a) All the “Supplier’s” products carry a 1 (one) year guarantee, whether fitted inland or at the seaside, while other specific products listed below carry extended guarantees.

(b) Aluminium T-Max and Alumax are guaranteed for a period of 5 (five) years, whether fitted inland or at the seaside.

(c) Hot Dip Multiguard is guaranteed, for a period of 5 (five) years if fitted inland, and 3 (three) years if fitted at the seaside, on both internal and external fitment.

(d) X-Door, Xpandor, Xpandor Plus, Hot Dip burglar guards, Hot Dip Grille Gates and steel T-Max are guaranteed as follows :

(i) If fitted inland, 5 (five) years guarantee on internal fitment, and 3 (three) years guarantee on external fitment.

(ii) If fitted at the seaside, 3 (three) years guarantee on internal fitment, and 1 (one) year guarantee on external fitment.

(e) Electro galvanized Multiguard are guaranteed as follows :

(i) If fitted inland, 5 (five) years guarantee on internal fitment, and 3 (three) years guarantee on external fitment.

(ii) If fitted at the seaside, 1 (one) year guarantee on both internal and external fitments.

Definition

* “Inland” = 20 kilometres from the seaside

“At the seaside” = within 20 kilometres of the seaside

*Applicable to R.S.A only. For more information on international guarantees, please contact your local distributor.

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