1. Acceptance of Quotation
- By accepting our quotation or making payment (partial or full), you confirm that all information is correct and that you accept these Terms & Conditions.
- Quotations are valid for 14 calendar days unless otherwise specified. Prices may change thereafter.
2. Payment Terms
- A 60% deposit is required before goods are ordered.
- The remaining 40% is payable on the day of installation.
- Payment is deemed received only once reflected in our bank account.
- No set-off or withholding of payment is permitted.
- Interest of 2% per month (or the legislated maximum) applies to overdue accounts exceeding 30 days.
- Ownership of goods remains with Awning Pro until full payment is received.
3. Manufacture & Delivery
- Goods are purpose-made and cannot be altered, cancelled, or refunded once ordered.
- Estimated manufacture period: 2–3 weeks (subject to stock availability and external factors).
- Delivery/installation dates are estimates and may change.
- We may deliver/install in multiple installments.
- Risk transfers to you upon completion of installation or collection.
- If you choose to collect goods, you indemnify Awning Pro against theft or damage while at our premises.
4. Installation
- Installation is deemed complete upon your signature of our delivery note.
- You warrant that installation sites are suitable, structurally sound, and free of hidden pipes/wiring.
- Awning Pro is indemnified against claims arising from drilling, removal of materials, or defacing of painted areas.
5. Defects & Complaints
- Any shortage or defect must be reported in writing within 48 hours of installation.
- Any defects must be reported within 7 calendar days of project completion.
- By allowing installation, you confirm you have inspected and accepted the goods.
6. Discounts
- Prices are strictly net unless a written discount is agreed.
- Discounts apply only if payment is received by the due date and exclude VAT, transport, installation, insurance, or other charges.
7. Liability & Indemnity
- Awning Pro’s liability is limited to the proportionate value paid for goods/services.
- We are not liable for consequential, indirect, or special damages, including lost profits or data.
- Awnings are not 100% waterproof and may experience water ingress under certain inclement weather conditions.
- Silicone sealant is a consumable material lasting approximately 3–5 years; replacement is at your cost.
- We are not liable for delays or failures caused by uncontrollable events (force majeure), including natural disasters, strikes, civil unrest, cybercrime, or government restrictions.
8. Breach & Termination
- If payment is overdue, Awning Pro may:
Charge interest at the prime overdraft rate.
Suspend further deliveries or services.
Cancel the agreement and recover damages.
- Either party may cancel the agreement if the other fails to remedy a breach within 10 days of written notice.
- Awning Pro may cancel immediately if you are insolvent, misrepresent information, or attempt to compromise with creditors.
9. Transfer of Rights
- You may not transfer or assign rights or obligations under this Agreement without Awning Pro’s written consent.
- Awning Pro may transfer its rights or obligations to third parties without notice.
10. Data & Warranties
- You consent to the processing of personal information under the Protection of Personal Information Act (POPI).
- You warrant that all information provided is correct and that you are not insolvent or over-indebted.
- If ordering on behalf of another party, you warrant authority and accept personal liability if denied.
11. Governing Law & Jurisdiction
- This Agreement is governed by the laws of the Republic of South Africa.
- The parties consent to the jurisdiction of the Magistrate’s Court, with Awning Pro entitled to elect the High Court at its discretion.
- You agree to be liable for Awning Pro’s legal costs on an attorney-and-own-client scale.
12. General Provisions
- This Agreement constitutes the entire agreement between the parties.
- No variation or cancellation is valid unless in writing and signed by both parties.
- No indulgence granted by Awning Pro shall constitute a waiver of rights.
- The rule of construction against the drafter does not apply.
- If any provision is invalid, it shall be severable without affecting the remainder.
- Awning Pro may amend these Terms & Conditions by publishing updates on its website, effective 30 days after publication.