WARRANTY
A. Products Covered by Warranty
KRAZI DOOR warrants each Product to be free from defects in materials and assembly in the course of normal use and service. Defective Product which is under warranty must be returned to KRAZI DOOR in the manner described in Section E below in order for the Product to be repaired or replaced. The warranty period of 12 Months commences with the date of sale to the original Customer.
B. Exclusive Warranty Remedy
During the applicable warranty period stated in this Terms and Conditions, KRAZI DOOR will provide the following sole and exclusive remedy in the event a Product is determined by KRAZI DOOR to be defective in materials or assembly. KRAZI DOOR at its sole discretion will either repair the defective Product without charge or replace it with a new or refurbished Product. Customer must deliver its warranty claim to KRAZI DOOR during the warranty period in the manner described in Section E below as a condition to receiving warranty service from KRAZI DOOR. Return of the defective Product to KRAZI DOOR is required if purchased on a supply only basis.
C. Warranty Exclusions
The following items are not covered by KRAZI DOOR’S warranty:
• Ancillary equipment not furnished by KRAZI DOOR which is attached to or used in conjunction with a Product.
• A Product which is used with any ancillary equipment that is not furnished by KRAZI DOOR.
• Freight cost to return a Product to KRAZI DOOR.
• Damage or deterioration caused by exposure to salt water, chemical fumes or other corrosive or aggressive environments, whether naturally occurring or man-made
• Damage , abrasion or impact by any hard object, and any fading or colour change which may not be uniform due to unequal exposure of the doors sections to sunlight or other elements.
• Defects or damage resulting from Customer’s improper testing, operation, installation, maintenance, modification, alteration, or adjustment.
• Defects or damage from misuse, accident or neglect.
• Defects or damage resulting from use of the Product in other than its normal and customary manner.
• Defects or damage due to lightning or other electrical discharge.
• Modification or abuse of, or tampering with, the Product.
• Batteries supplied with motor/s (6 Months Warranty)
• Installation, maintenance, or service of the Product.
D. Warranty Limitations
THIS WARRANTY SETS FORTH THE FULL EXTENT OF KRAZI DOOR’S WARRANTY RESPONSIBILITY. REPAIR, REPLACEMENT, OR CREDIT IN THE AMOUNT OF THE PURCHASE PRICE PAID FOR THE APPLICABLE DEFECTIVE PRODUCT, AT KRAZI DOOR SOLE DISCRETION AS INDICATED ABOVE, IS THE EXCLUSIVE REMEDY. THIS WARRANTY IS PROVIDED IN LIEU OF ALL OTHER EXPRESS OR IMPLIED WARRANTIES. ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE SPECIFICALLY EXCLUDED. IN NO EVENT WILL KRAZI DOOR BE LIABLE FOR DAMAGES IN EXCESS OF THE PURCHASE PRICE OF THE PRODUCT, FOR ANY LOSS OF USE, LOSS OF TIME, INCONVENIENCE, COMMERCIAL LOSS, LOST PROFITS OR SAVINGS, OR OTHER INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE INSTALLATION, USE, OR INABILITY TO USE SUCH PRODUCT, TO THE FULLEST EXTENT THAT ANY SUCH LOSS OR DAMAGE MAY BE DISCLAIMED BY LAW. KRAZI DOOR WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY DAMAGE OR LOSS RESULTING FROM THE OPERATION OR PERFORMANCE OF ANY THIRD PARTY PRODUCT OR ANY SYSTEMS IN WHICH AN KRAZI DOOR PRODUCT IS INCORPORATED.
E. Return Policy for Defective Products Under Warranty
To return a defective Product which is under warranty to KRAZI DOOR:
1. Claims under this warranty must be made promptly after discovery, within the applicable warranty period, and in writing to
KRAZI DOOR.
2. The Purchaser to Provide KRAZI DOOR with the following:
a. The model number and serial number of the defective Product.
b. A description of the Product defect.
c. Purchase Receipt.
3. The Purchaser must allow KRAZI DOOR a reasonable opportunity to inspect any product claimed to be defective prior to removal or alteration of its condition.
4. Customer must return the defective Product to KRAZI DOOR if purchase was supply only basis.
5. Upon KRAZI DOOR’S receipt of the defective Product from Customer, KRAZI DOOR will evaluate the defective Product to determine whether it is covered under KRAZI DOOR’S warranty. If KRAZI DOOR determines the Product is covered under its warranty, KRAZI DOOR will take the corrective warranty action described in Section B of this Terms and Conditions.
TERMS & CONDITIONS OF SALE AND INSTALLATION
- ENTIRE CONTRACT:
Any order resulting here from shall be subject to the conditions herein unless varied by Krazi
Door (Pty) Ltd (The ‘’SELLER’’) in writing, and these conditions will apply to the exclusion of any
terms, conditions or stipulations contained in any of the PURCHASER’S documentation.
- PRICE AND DISCOUNTS:
The goods are sold by The SELLER to the PURCHASER at the price quoted in The SELLER’s
quotation (the “CONTRACT PRICE”). The CONTRACT PRICE is inclusive of VAT. The CONTRACT
PRICE shall remain firm for acceptance for a period of 14 days where after The SELLER reserves
the right to increase same. The SELLER may allow discounts alternatively rebates as specifically
agreed upon provided that such discounts or rebates shall not be allowed on any goods where
payment for same is overdue.
- PAYMENT / INCREASE / CREDIT FACILITIES:
Unless otherwise agreed in writing, payment of the CONTRACT PRICE shall be made; 1. Deposit
of 75% upon acceptance of the quote 2. Balance of 25%, twenty-four hours before
commencement of installation or collection of the goods, whichever is applicable. Should any
due amount not be paid upon due date, the PURCHASER shall be liable for interest at prime
overdraft interest rate plus 2 % per annum from due date to date of payment. Interest shall be
calculated and paid monthly in advance provided that if interest is not paid as aforesaid, the
interest shall be added to the principal sum and the whole amount shall form the principal debt
which shall bear interest as aforesaid. The PURCHASER shall not be entitled to withhold payment
of any monies due to the SELLER, in terms of this contract in the event of a dispute arising
between the parties. Credit facilities may be withdrawn by the Creditor without prior notice and
the Creditor reserves the right to review the extent, nature and duration of such facilities at all
times.
- FINANCE OPTION:
Krazi door through Fever tree Finance offer to Clients in their personal capacity the option of
financing their purchase. No discounts will be entertained on the financing option as well as no
special promotions that are being run by Krazi door. If PURCHASER cancels the order post
financing has been acquired, and prior to production has taken place. The financed amount will
be refunded less 8% of full purchase price for fees incurred. No refund will be allowed if
products have been manufactured as well as no refund will be allowed if special raw material
has been procured for your specific PURCHASE.
- SURETYSHIP:
The signatory hereto binds himself as surety and co-principal debtor in solidum with the
PURCHASER in favor of The SELLER for the due payment of all amounts which may at any time
be payable by the PURCHASER to The SELLER form any cause of action whatsoever and whether
acquired by The SELLER by way of cession or otherwise. The further waives those benefits of
exclusion and division and of the legal exceptions non numeratae pecuniac and non causa bebiti
and acknowledges himself to the fully acquainted with the meanings of these terms. The terms
and conditions of this application shall apply Mutates Mutandis to this suretyship. This
suretyship is a continuing suretyship and shall remain of full force and effect notwithstanding
any fluctuation in, or temporary extinction of the PURCHASER’S indebtedness to The SELLER. It
may not be withdrawn, revoked or cancelled by the PURCHASER without The SELLER prior
written consent. Any consensual cancellation or withdrawal of this suretyship by the
PURCHASER and The SELLER shall only be valid and effective if reduced to writing and signed by
both parties thereto. Any admission of liability by the PURCHASER shall be binding upon the
surety.
- DELIVERY AND INSTALLATION:
Time shall be the essence of the contract. The PURCHASER acknowledges that the time not of
the delivery is dependent on the availability of goods/material. Any delivery/installation date
stipulated for is approximate only. The SELLER shall not be bound by that date but will make
reasonable efforts to deliver/install the goods by that date. If no delivery/installation date is
stipulated then The SELLER will deliver/install the goods as soon as it can convenient to do so.
Under no circumstances shall the PURCHASER be entitled to withdraw from or terminate the
contract on account of any delay in delivery or have claim of any nature whatsoever against The
SELLER arising from late delivery. Any electrical power required for the installation of the goods
shall be provided by the PURCHASER to The SELLER on request therefore and free of charge. The
SELLER shall in no way be liable in the event that the electrical power installation relating to the
goods, does not conform with Municipal Regulations. If whilst installing the goods, The SELLER
in its sole and absolute discretion considers that the structure in question or any portion thereof
is not suitable for such installation whether by reason of inferior timber, plaster or brickwork or
for any reason whatsoever, The SELLER may call upon the PURCHASER to remedy the position at
the latter’ssole cost and expense. In the event of goods being (a) railed or transported by a third
party to a destination, or (b) delivered by The SELLER to site, then delivery shall be deemed to
have taken place in the case of (a) at the railway station or place of origin of sending and in the
case of (b) at the destination site.
- RISK AND OWNERSHIP:
Ownership in the goods sold and delivered to the PURCHASER on account shall pass to the
PURCHASER only when all amounts due by the PURCHASER to The SELLER has been paid,
notwithstanding delivery of the goods to the PURCHASER and notwithstanding the fact that the
goods have been installed in any building or structures. Risk in and to the goods shall however
pass to the PURCHASER on delivery. In the event of a cash sale be concluded between The
SELLER and the PURCHASER, and in the event of payment not being made as required, then in
such event. The SELLER shall be entitled, without prejudice to any other rights and remedies
available to it in law, to remove the goods within ten (10) days from the date of delivery.
The PURCHASER agrees and acknowledgesthatin the event of: –
The PURCHASER breaching any condition contained in these conditions,
The PURCHASER failing to pay any amount due and payable on due date,
The PURCHASER suffering any civil judgement to be taken or entered against it,
The PURCHASER causing a notice of surrender of its estate to be published in terms of the
Insolvency Act No. 24 of 1936 as amended,
The PURCHASER passing away,
The PURCHASER’S estate being placed under any order of provisional of final sequestration,
provisional or final winding up, or provisional or final judicial management, as the case may:
Then The SELLER shall, without detracting from any other remedies which may be available to
be entitled to summarily cancel the sale of the goods to the PURCHASER without notice to the
PURCHASER, and to rely on the provision of Clause 6 and to re-possess those goods sold and
delivered by The SELLER to the PURCHASER, or to claim specific performance of all of the
PURCHASER’S obligations whether or not such obligations would otherwise then have fallen
due for performance, in either event without prejudice to The SELLER ’srightto claim damages.
Should the PURCHASER fail and/or refuse to take delivery of goods when delivery thereof has
been tendered by the SELLER, then:
The risk of the said goods shall immediately passto the PURCHASER;
The PURCHASER shall be liable for the reasonable storage costs ofsuch goods;
The SELLER shall not be liable to the PURCHASER for any damages, which may be caused to any
premises by reason of the removal and/or repossession of the goods by The SELLER as aforesaid.
- GUARANTEE:
8.1 The SELLER guarantees that all goods supplied by it, if ordered by description and/or
specification, shall correspond to that description and/or specification.
8.2 The SELLER shall, subject to these terms and conditions, and for a period of 12 months
calculated from the date of installation, rectify and defects in the installation where such
defect is due to faulty workmanship on its part or defective materials, on receipt of
written notice to this effect.
The guarantees referred to in 7.1 and 7.2 above shall be of no force and effect in the event that:
The PURCHASER has failed to make timeous payment for the goods supplied and services
rendered: or
The installation or the goods themselves have been worked on or in any way tampered with by
any person or persons other than The SELLER or its duly authorized agents;
The following items are expressly excluded from the guaranteesreferred to in 7.1 and 7.2 above;
Damage to or the malfunction of automatic operators supplied by The SELLER as a result of the
mechanical failure or otherwise of existing mechanism/s not supplied by the SELLER; the
warping, shrinking or swelling of timber products; transmitter batteries, 12V wet cell batteries
or globes for courtesy lights supplied with radio-controlled door and automatic gate equipment.
No representations or warranties made by the SELLER, it’s agents or employees to the
PURCHASER shall be binding on The SELLER unless reduced to writing and signed by the
PURCHASER and a duly authorized Director of the SELLER.
- LIMITATION OF LIABILITY:
Neither The SELLER nor any of its officers, employees, agents or distributors shall be liable for
any loss or damage, whether direct, indirect, consequential or otherwise suffered by the
PURCHASER, his family, employees, contractors and invitees arising from any cause in
connection with the delivery and installation of the goods (including without limitation, any act,
omission, neglect or default on the part of The SELLER ’s employees) whether such loss or
damage results from breach of contract, delict negligence, late delivery, loss of profit or any
other cause without limitation;
The SELLER shall take every care during the carrying out of the installation but shall not be liable
for incidental redecoration consequent upon the execution of the work.
- BREACH:
Should the PURCHASER breach any of these terms and condition, The SELLER shall, at its election
and without prejudice to any other rights which it may have in law, have the right to:
Cancel the contract forthwith, without notice to the PURCHASER, remove and repossess the
goods and recover all damages which The SELLER may have suffered consequent upon such
cancellation; or
Abide by the contract and recover from the PURCHASER payment of the balance of the
CONTRACT PRICE then outstanding, which shall immediately become due and payable.
- JURISDICTION OF THE MAGISTRATES’ COURT:
The PURCHASER consents to the jurisdiction of the Magistrates’ Court in terms of Section 45 of
the Magistrates’ Court Act, No. 32 of 1994, as amended, having jurisdiction under Section 28 of
the said Act, notwithstanding that the claim exceeds the normal jurisdiction of the Magistrates’
Court. The PURCHASER shall, in its discretion, be entitled to proceed against the PURCHASER in
any other Court of competent jurisdiction, notwithstanding the afore going.
- ATTORNEY AND OWN CLIENT COSTS:
The PURCHASER shall pay all the legal costs incurred by The SELLER on an attorney and own
client basis, including collection commission and tracing agent’s fees, should The SELLER take
any legal action against the PURCHASER for the enforcement of any of its rights.
- DOMICILIUM CITANDI ET EXECUTANDI:
The PURCHASER nominates as it’s domicilium citandi et executandi the address reflected on the
face hereof under the heading registered office/business physical address, and the surety
nominates as his domicilium citandi et executandi the address reflected on the face hereof
alongside his name, for service upon them of all notices and processes in connection with any
claim for any sum due to the SELLER.
- GENERAL:
No contractshall be concluded between The SELLER and the PURCHASER unlesssame is reduced
to writing on The SELLER ’s official stationery, made subject to these terms and conditions and
signed by a duly authorized representative of the SELLER. No relaxation or indulgence granted
to the PURCHASER by the SELLER, at any time, shall be deemed to be a waiver of any of The
SELLER ’s rights in terms hereof, and such relaxation or indulgence shall not be deemed as a
novation of any of the terms and conditions set out herein, or create any estoppel against the
SELLER. The PURCHASER shall be liable for and undertakes to pay the stamp duty applicable to
this deed. A certificate under the hand of any director or manager of The SELLER as to the
existence and the amount of the PURCHASER’S indebtedness and/or the Surety’s indebtedness
to The SELLER at any time, as to the fact that such amount is due and payable, the amount of
interest accrued thereon and as to any other fact, matter or thing relating to the PURCHASER’S
indebtedness to The SELLER shall be prima facie proof of the contents and the correctness
thereof for the purpose of provisional sentence, summary judgement or any other proceedings
of whatsoever nature against the PURCHASER and/or Surety in any competent court and shall
be valid as a liquid document forsuch purpose. In these conditions, wordsimporting one gender
shall include the other gender, and words importing the singular, shall include the plural (and
vice versa).