These terms and conditions apply to all shipments and services.
Any written customer purchase terms are to be read in conjunction with these terms, however where the customer terms are in conflict with these terms and conditions these terms and conditions shall prevail unless any variance is agreed to in writing.
Once an order is confirmed by the buyer and the agreed deposit is paid the order is binding and an irrevocable order is placed with the manufacturer. Goods are manufactured, packed and imported specifically for the order.
It is the responsibility of the buyer to check that the details and specifications of the goods ordered are correct and that payment of the required advance payment is made timeously so as to confirm the order and avoid delay of delivery.
Illuminate Project Lighting (Pty) Ltd act only as distributers of products and give no warranties or undertakings whatsoever in regards to the products sold or distributed to any parties.
Any circumstances eg disruptions and breakdowns, industrial action, lack of means of transportation and fire damage for which Illuminate Project Lighting (Pty) Ltd cannot be held responsible will release Illuminate Project Lighting (Pty) Ltd from duty to deliver for the duration of such circumstances.
Illuminate Project Lighting (Pty) Ltd is entitled to withdraw from a contract if, for the above mentioned reasons, fulfilling a contract can no longer be expected.
In such cases no claims for damages can be made against Illuminate Project Lighting(Pty) Ltd.
Where applicable and once notified the buyer must accept delivery of the goods within 3 days of arrival at port of destination.
Any costs, risk and responsibility for insurance relating to delay of collection will be for the buyers account.
Delivery dates are indicative and whilst we will do our best to meet the forecasted delivery date we cannot be held responsible for earlier or later arrival of goods.
Orders will only be placed once the payment of the agreed advance payment is received.
Balance of payments are due within 7 days once production is complete and goods are ready to be collected.
In the event of non-payment of the balance at the due date Illuminate Project Lighting(Pty) Ltd reserves the right to cancel the order and retain the advance payment if full payment is not received within a time acceptable to the manufacturer concerned.
Reservation of ownership
The delivered goods remain the property of Illuminate Project lighting (Pty) Ltd and the buyer is not authorised to resell or install the goods until payment has been remitted in full.
Delivery and receipt of goods
Illuminate Project Lighting (Pty) Ltd are not responsible for breakages, damages or shortages and any claim will be directed to the forwarder concerned. Any visible damage is to be noted on the delivery note and notified in writing immediately after receipt of goods. . Any other defects are to be reported immediately on discovery.
Liability for defects
Defects which are the result of improper treatment,transportation, handling, repair or modification do not justify any defects claim.
Illuminate Project Lighting (Pty) Ltd , in the case of a defect of quality, is not obliged to remedy the defect or supply goods free from defects.
Any claims for defective or incorrectly supplied goods may be claimed from the manufacturer by Illuminate Project Lighting (Pty) Ltd if so requested on behalf of the buyer acting as an agent.
This does not effect the buyer’s statutory warranty rights
All products are sold without any warranty express or implied from Illuminate Project Lighting (Pty) Ltd and shall be free from any liability for loss or damages suffered by the purchaser for any reasons whether patent or latent.
This in no way limits the warranties of the manufacturer where so given and Illuminate Project Lighting (Pty) Ltd cedes all rights of claims against the manufacturers to the buyer upon transfer of ownership of the goods.
Any damages incurred during the packing and shipping to port of destination to be covered under appropriate insurance cover.
Terms and conditions of any insurance cover, where applicable, through the appointed forwarding companies will be applicable. Illuminate Project Lighting (pty) Ltd will support and assist with claims where possible, however any arbitration is to be dealt with directly through the insurers of the appointed forwarding companies.
Compensation for damages
Illuminate Project Lighting (Pty) Ltd will not be liable for any compensation to the buyer for any omissions, failure to supply or deliver, or for any defective goods
Illuminate Project Lighting (Pty) Ltd will cede any rights in this regard to the buyer after payment in full and will support and assist with any such claims directed against the manufacturers and their agents.
The terms and conditions as set out by the relative manufacturer will be applicable.
Illuminate Project Lighting(Pty) Ltd and it’s suppliers or agents give no warranty with regard to delivery and shipping dates and any notifications given in this regard are given in good faith based on the information available at the time.
No compensation will be entertained in the event of late delivery.
Termination of contract
In the case of revocation of contract due to negligent breach of contract by the buyer Illuminate Project Lighting (Pty) Ltd may assert the following claims:
– particular expenses resulting from the contract eg commision, shipping expenses and compensation for damages caused by the buyer
– compensation for use and the resulting depreciation of value
Place of performance
Cape Town, South Africa
Place of jurisdiction
At the discretion of Illuminate Project Lighting (pty) Ltd this can either be in Cape Town or at the court of the Buyer’s residence The parties consent to the jurisdiction of the Magistrate Court in respect of any claim arising from any order
Choice of law clause
These terms and conditions are subject to the Laws of South Africa in so far as the agent and the buyer are concerned and the laws of the respective countries of the manufacturers and suppliers in regard to the product warranties.
Warranty of authority
Each party warrants to the other party that it has the power, authority and legal right to sign the order and perform in terms of this agreement and that this agreement has been duly authorised by all necessary actions of it’s directors, members or trustees (as the case may be) and consitutes valid and binding obligations in accordance with the terms of this agreement.
The signing of other written or electronically communicated acceptance of quotation and acceptance of the order binds the parties in accordance with these conditions
Implementation of good faith
The parties shall at all times during the continuance of this agreement observe the principles of good faith towards one another in the performance of their obligations in terms of this agreement and will make full disclosure to each another of any matter that may effect the execution of this agreement.
These terms cannot be varied without the written consent of both parties.