This document contains standard terms and conditions that shall apply to and form part of each and every agreement concluded between X & O’S Bathroom And Kitchen Finishes and the buyer in respect of the sale and/or supply of goods.
Limitation of Liability
- The company shall under no circumstances be held liable to the buyer or to any other persons for any loss or damage, whether direct or consequential arising from the use of such goods or materials or any other portion thereon or from any alleged defects in them where the company has not acted grossly negligent or reckless.
- Any advice or assistance given whether concerning suitability, method of application, technical recommendations, plant or equipment recommendations or any other recommendations whatsoever relating to the product is given in good faith, but without obligation and subject specifically to the exclusion of any liability whatsoever on the part of the company or its staff, for damages whether direct or consequential or otherwise howsoever. All data, statements and recommendations made are based upon the information believed to be reliable, but are made without representation or guarantee or warranty of accuracy. Company goods are sold on the condition that the buyer will examine the goods in relation to recommendations and the uses to which the goods are to be put, in order to assess their suitability before being used. We rely on the accuracy of the information given to us by the buyer and cannot be held liable for any loss or damage arising from the information provided.
Refunds
- The supply of any goods shall be limited to a refund of the purchase price of the goods. Without limiting the generality of the aforegoing, in no event shall X & O’S Bathroom And Kitchen Finishes be liable for any incidental or consequential damages including but not limited to loss of profits, loss of sale, expenses incurred in anticipation of X & O’S Bathroom And Kitchen Finishes performance or lost production, whether suffered by the buyer or a third party.
- X & O’S Bathroom And Kitchen Finishes shall in any event have no liability of any nature whatsoever arising out of or in connection with any defect in any goods unless;
- The buyer, within 31 days of delivery of goods has called upon X & O’S Bathroom And Kitchen Finishes in writing to rectify the defect, affording X & O’S Bathroom And Kitchen Finishes a period of not less than 30 days to do so,
- No persons not authorised by X & O’S Bathroom And Kitchen Finishes has altered, modified or attempted to repair the goods,
- The goods have only been used for which they were intended or designed for,
- The buyer shall return the goods to X & O’S Bathroom And Kitchen Finshes at his or her own cost in the original packaging within 90 days from date of delivery, provided that X & O’S Bathroom And Kitchen Finishes shall be entitled to charge a reasonable handling fee of 15% of the total amount of the invoice relating to the goods.
Pricing Policy
- The prices at which the goods are sold are at our prevailing price list as at the date of delivery unless otherwise expressly agreed between the parties in writing. Unit prices are understood to include VAT. Packaging and delivery costs shall be borne by the buyer
Non-standard orders In the case of special orders, the product sold shall not be returned if X & O’S Bathroom And Kitchen Finishes was not grossly negligent or reckless, and shall be paid for in full prior to the company placing the order on the supplier. On Tap will not accept any cancellation of orders for NON-STANDARD items without prior authorisation from the supplier. This includes all stone baths and basins products manufactured from order date.
Passing of Risk
- Unless otherwise agreed by the parties in writing, the risk in all goods sold shall pass to the buyer upon delivery of the goods to the buyer or to any carrier of such goods where such carrier is the agent or nominee of the buyer.
Delivery
- Delivery of goods shall be deemed to have been effected;
- In the case of goods dispatched by rail, ship or road carrier, upon consignment to the consignee;
- In the case of products conveyed by the buyer’s own mode of transport, upon handing over of such goods to the buyer or to his duly appointed agent;
- Notwithstanding the contents of the paragraphs, time shall not be of the essence in respect of the delivery of the goods, and X & O’S Bathroom And Kitchen Finishes does not guarantee delivery of goods on any specific date where such lack of performance is due to circumstances beyond the control of X & O’S Bathroom And Kitchen Finishes.
- X & O’S Bathroom And Kitchen Finishes shall be entitled, in its sole discretion, to suspend delivery of goods as long as the buyer is in default with any payment due in respect of the goods or previously delivered goods to the buyer.
Ownership
- Ownership of all goods shall remain vested in the company until paid for by the buyer in full.
Return of Goods
- A 15% handling fee may be levied on ALL RETURNS of correctly supplied non-defective goods, which returns must be submitted within 31 days of delivery together with proof of purchase, in the original packing and re-saleable.
- The buyer shall not claim a refund or remedy and accepts full responsibility should the goods be damaged due to misuse, abuse, or gross negligence on his or her part. The buyer further accepts that these foregoing factors will vitiate his or her warrantee and/ or guarantee
- The buyer however accepts that should the goods have a defect, failure or hazard, the buyer will immediately inform the supplier and promptly claim his or her refund/ remedy/ repairs. Pertaining to the fact that the supplier/manufacturer has provided warnings and safety instructions in advance, the buyer accepts that when handling the goods, the buyer must comply with these instructions.
The Warranty Period to repair/replace any defective or damaged goods is 6 Months, unless as prescribed by the supplier. This does not apply to ordinary wear and tear.