Last updated: 30/06/2020
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the https://homefires.co.za/ website operated by Home Fires.
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Service.
If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your contact information, home address, and banking details (to process your purchase).
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Home Fires.
Home Fires has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Home Fires shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
If you have any questions about these Terms, please contact us via our online contact form.
STANDARD TERMS AND CONDITIONS
All sales by Home Fires to any party (hereinafter referred to as “the Customer”) shall be subject to the terms and conditions as set out hereunder notwithstanding that such sales arises from:
1.1.1 an Offer to Purchase by the Customer which is accepted by Home Fires; and /or
1.1.2 a quotation furnished by Home Fires which is then accepted by the Customer; and/or
1.1.3 the placing of orders by the Customer with Home Fires which are subsequently invoiced to the Customer; and/or
1.1.4 normal cash sales across the counter.
1.2 No variation or cancellation of these Conditions of Sale or any terms thereof will be of any force or effect unless signed by a Senior Manager of Home Fires. No salesperson, representative or agent has any authority to make any representations, other than those contained herein, on behalf of the company.
1.3 Notwithstanding any conditions or terms to the contrary which may be contained in the Customer’s subsequent order, the standard Conditions of Sale as set out hereunder shall prevail and be deemed to be the terms and conditions applicable to all sales of goods.
2.1 Where delivery is made in part only, the Purchase price pertaining to such part of the goods delivered shall also be payable against delivery thereof.
2.2 Where delivery is to be effected by any public carrier, the public carrier shall be deemed to be the agent of the Customer and the purchase price shall become due and payable upon delivery to such public carrier unless otherwise agreed to in writing.
2.3 Where Home Fires has entered into an agreement with the Customer for payment to be effected at a date after delivery, such payment shall become due and payable according to the credit terms approved in the Application for Credit. In all other cases payments is strictly cash on delivery.
2.4 Any discounts to which the Customer may be entitled shall be strictly in accordance with those specified in the Application for Credit as reflected under discount. Any amount not paid strictly on due date shall lead to forfeiture of the discount allowance specified above.
2.5 Interest will be charged on overdue accounts at 5% above the prime banker’s rate.
2.6 Any work or components, in addition to that reflected on the order, and that was not foreseen or provided for on the quotation, but which is necessary to complete the installation in a proper manner, will be payable by the customer at the company’s prevailing rates.
- INCREASE IN PRICES
It is recorded that the purchase price quoted to the Customer is based on Home Fires’s costs and expenses at the time of the quotation or the furnishing of such prices. Should any increases occur in the costs and expenses of manufacturing and/or importing the goods, whether by reason of any increase in rail road freight, shipping tariffs, value added tax, import or excise duties, difference in rate of exchange from date of quotation to date of delivery, or any other increase, then the purchase price of the goods to the Customer may at the discretion of Home Fires be increased by a proportionate amount to cover such costs and expenses. Quoted prices are open for acceptance within fourteen days of the date of quotation, failing which; they shall automatically lapse, unless otherwise stated.
- PASSING OF RISK
All risk in and to the goods shall pass to the Customer upon collection thereof by the Customer at the premises of Home Fires or upon the departure of the goods from the premises of Home Fires en route to the Customer irrespective of whether such goods are collected by a public carrier, or delivered by Home Fires itself.
- RESERVATION OF OWNERSHIP
Notwithstanding anything to the contrary herein contained, and notwithstanding delivery of any goods to the Customer, Home Fires shall retain the ownership thereof until it has received payment in full of the purchase price and all other charges and expense in connection therewith from the Customer.
- COMPANY’S OBLIGATIONS MAY BE SUSPENDED
If the Customer should fail to pay Home Fires on due date any amount or part payment due to Home Fires or breach any other terms or conditions of sale, then Home Fires shall have the following rights:
6.1 Home Fires may require that all amounts then owed by the Customer to Home Fires from any cause whatsoever and whether or not immediately due and payable shall become immediately due and payable by the Customer.
6.2 Home Fires may retain in its possession any part of any shipment of any goods due to the Purchaser which have not been dispatched.
6.3 Home Fires may terminate all and any credit facilities afforded to the Customer by Home Fires in respect of that particular purchase or of any other purchase.
6.4 Home Fires may retain any payment made by the Customer in connection with any other matter and appropriate such payment to the outstanding balance due in respect of the instant matter.
7.1 Home fires may in it’s entire and absolute discretion cancel the contract or any portion thereof which has not been completed should:
7.1.1 The Customer commit any of the acts of insolvency as set out in the Insolvency Act number 24 of 1936 as amended;
7.1.2 The Customer fail to pay any amount due in terms of the contract, on due date;
7.2 Such cancellation shall be without prejudice to Home Fires’s right at common law to claim, in addition any damages which it may have suffered as a result of such breach and/or of the cancellation by Home Fires.
- NO RELAXATION , ETC.
8.1 No action by Home Fires in permitting late payment or in accepting late payment at any stage shall stop Home Fires from requiring strict and punctual performance by the Customer of its obligation and there shall be no waiver or novation of this contract by reason of such indulgence of or acceptance of late payment by Home Fires.
8.2 No indulgence, extension of time, relaxation or latitude which the company may permit at any time in regard to the carrying out of any of the customer’s obligations shall prejudice the company in any manner or is to be construed as a waiver by the company of any of its rights in terms of his agreement.
Should there be any dispute as to the amount of any balances due by the Customer to Home Fires or in respect of any price increase, such dispute shall be referred to Home Fires’s auditors who shall determine the matter acting as an expert and not as an arbitrator. It is therefore expressly agreed that the arbitration shall be an informal one with a view to obtaining an expeditious determination of the matter. The auditor so acting shall not be bound by the formal rules laid down in the Arbitration Act and shall be entitled to set his own rules in regard to the procedures to be used and the admissibility of the evidence. The amount so decided upon by the Arbitrator shall be final and binding upon the parties and shall not be subject to any appeal.
The Customer agrees that Home Fires may in its option, institute any action against the Customer in any Magistrates Court in the Republic of South Africa having jurisdiction in regard to the person of the Customer in terms of section 28 of the Magistrates Court Act Number 32 of 1944 as amended notwithstanding that the amount in dispute may otherwise be beyond the jurisdiction of that Court. Notwithstanding the above, Home Fires may at it’s entire option institute action in the supreme Court of South Africa in the Division having jurisdiction in regard to the dispute or claim.
It is agreed that in the event of Home Fires having to obtain any legal advice or having to institute action against the Customer for any breach of the Customer’s obligations in terms of these Conditions of sale, Home Fires shall be entitled to recover all it’s legal costs from the Customer, including costs as between attorney and client as actually incurred by Home Fires.
12 SPECIAL EXCLUSIONS
12.1 Specifications and price
Home Fires issues quotations, catalogues and price lists in respect of its goods in terms of the latest available specifications and description of the goods. Under no circumstance shall Home Fires be liable for any changes made to such specifications and/or descriptions. Furthermore all prices quoted in any price lists and/or catalogues furnished by Home Fires are based on the then ruling prices and shall not bind Home Fires in respect of the contract price charged by Home Fires to the Customer at the time of invoicing.
12.2 Return of goods:
Home Fires shall under no circumstances be obliged to accept the return of any goods for any reason whatsoever. Should any goods be returned, this will be at the sole discretion of Home Fires and a minimum handling charge equal to 15% of the invoice price shall be payable by the Customer in respect thereof. Documented proof of delivery must be furnished. No goods will be accepted for return after 30 days from date received, unless authorised by a Company Director.
12.3 Cancellation of orders – authorised.
Home Fires will not accept cancellation of a special order through late delivery, or for any other reason, where manufacture has already commenced. Even if the cancellation is accepted, the Customer will still be liable for all such manufacturing and tooling expense as already incurred.
12.4 Patent rights
If goods are manufactured according to Customer’s specifications, no responsibility can be accepted for the infringement of any patent, and the Customer agrees to indemnify Home Fires against any loss or claims in respect of any proceedings, or otherwise, resulting from the execution of Customer’s order.
The customer gives permission to the company’s representative(s) to enter his property in order to deliver and/or install the goods purchased, or to repossess goods that have not been paid in full. In both instances the customer agrees not to hold the company or its representatives liable for any damage or loss resulting from these actions.
13 WARRANTIES AND GUARANTEES
13.1 Home Fires’s liability in respect of defective goods is limited to the replacement/repairing of goods proved to have been faulty when they left the premises of Home Fires, and Home Fires shall not be liable for any loss or damage, nor shall we be liable for any consequential or indirect damages or loss from whatsoever cause or howsoever arising. The company undertakes, in its discretion, to remedy such defect by either adjusting, repairing or replacing such defective goods or parts, or rectifying such defective workmanship; provided that the afore going shall not extend to goods that have, in the company’s discretion, been misused, abused or used contrary to specifications or instructions. In the event of replacement, the company will not be liable for installation costs. No guarantee or warranty is given, or implied, unless specifically stated in writing by an authorised representative. Notification must be made to Home Fires within 14 days of manifestation of any defects and samples of such defective products must be returned with the notification.
13.2 Home Fires accept no liability for goods which have been subject to any process after leaving its premises.
13.3 The company shall not be liable for any direct or consequential loss of, or damage to goods of property of the customer, howsoever arising, including, but not limited to fire, leakages, accident or any other cause, during delivery, installation or usage of the goods by the customer.
13.4 The roof seal installed by the company or its appointed sub-contractors, is guaranteed for a period of 12 months after installation date. The goods are guaranteed separately by their respective manufacturers. In the event of a claim, the original invoice must be produced.
13.5 The company does not guarantee the work of installers that are recommended or referred to customers by the company for private work.
13.6 An open fireplace can be a risk in any home when misused, overheated, left unattended or when incorrectly installed. The company can therefore not be held liable for any direct or consequential loss of, or damage whatsoever to the customer’s property resulting from the usage of the goods by the customer, regardless of who installed the goods. The customer uses the goods at own risk.
13.7 A fireplace or a built-in braai in a thatched house or lapa must be installed with a proper brick chimney built through the thatch to the prescribed height. The customer who chooses the option of installing a steel flue pipe through the thatch does so at his own risk.
13.8 Conditions affecting fireplaces or built-in braais, differ from one house to another. No guarantee can therefore be given that a fireplace or built-in braai, installed as prescribed; and/or installed, utilizing an existing chimney will draw (function) properly.
14 DOMICILIUM CITANDI ET EXECUTANDI
The Customer nominates its address as reflected on the Application for Credit as its domicilium citandi et executandi for the service upon him of all notices and processes in connection with any claim for any sum due to Home Fires.