12.2.    Terms & Conditions

1. The terms and conditions of sale applicable to this Agreement are as set forth herein. Terms and conditions proposed by the Buyer do not become part of this Agreement unless accepted by Centigrade Refrigeration in writing.
1.1. Lead time is approximately 10 – 15 working days from date of order & deposit. (Lead time is dependent on volume & material availability.)

2. Prices are stated in ZAR (South African Rand) , and do not include VAT . All prices are quoted excluding VAT. The Customer agrees to pay the Fees
2.1. Please note that the goods are custom made. As such we require a NON-REFUNDABLE deposit of 80% before goods will be manufactured.
2.1.1.Based on the inherent characteristics of the goods we can only store the final manufactured goods for a period of 2 months.
2.1.2.If you fail to collect goods before the above-mentioned period you will forfeit the deposit as well as the goods. Goods will be sold in order to cover the cost of materials purchased in order to manufacture the goods.

2.2. Balance payable immediately after installation & commissioning.

2.3. No goods will be released until the payment reflects in Centigrade refrigeration’s account.

2.4. Centigrade Refrigeration may at any time prior to delivery modify the terms of payment originally specified to require full payment in advance or otherwise change terms.

3. If full payment of an invoice has not been received within the allocated time frame (7) days, Centigrade Refrigeration may charge:
3.1. Interest shall be charged at 2.5% per month of the outstanding amount until the account, including accrued interest, has been paid in full.
3.2. A R300 monthly admin fee until full payment has been received.

4. In the event that the Customer does not pay the Fees as they fall due.
4.1. The Fees become a liquidated debt due and payable to Centigrade Refrigeration.
4.2. The goods comprised in this agreement remain the property of Centigrade refrigeration.
4.3. Centigrade refrigeration may recover these goods at any time from the customer if the outstanding fees is not paid in full. Should such an event occur, Centigrade refrigeration or its employees may enter upon the land or building upon which goods are situated for the purpose of such recovery and the Customer hereby grants a right of entry which may not be revoked so long as the Customer retains Centigrade refrigeration’s goods.
4.4. The Customer agrees to cover all costs, including legal expenses on a full indemnity basis, incurred by Centigrade Refrigeration in the process of recovering the debt.

5. Unless specifically agreed in writing, delivery dates quoted are estimates, and Centigrade Refrigeration does not guarantee a particular date for delivery of the goods. Centigrade Refrigeration shall not be liable for any losses, damages, or penalties occasioned by late performance, nor for any deviation in performance due to supplier delays, fires, strikes, labour disputes, embargos, wars, riots, governmental action, acts of terrorism, acts of nature, other delays in transportation or any other condition beyond Centigrade Refrigeration’s control.

6. All services performed under this Agreement including major repairs, shall be provided during Centigrade Refrigeration’s normal working hours (Monday – Friday, 8am – 17pm) unless otherwise agreed.

7. The quoted fees are subject to change if the Customer requires additional Services or Goods. In the event that the Customer requires additional Services or Goods, an additional Quotation will be issued and this Agreement will be deemed to apply to that Quotation

8. The risk of loss or damage to the Goods passes to the Customer on delivery. Unless damage or loss is caused through the negligence of Centigrade Refrigeration, Centigrade Refrigeration accepts no responsibility and is not liable for any damage or loss of materials, equipment or systems once they have been delivered to the Customer.

9. Warranty of goods is limited to 1 month for refrigerant gas and lights. 3 Months on electrical equipment, condenser and blower coil fan’s. 1 Year on compressors. 2 Years on insulated panels against delaminating only. Warranty will be voided if goods are not serviced every 6 months. Transport will not be covered by warranty and will be for the customers account. A Call out fee will be charged by Centigrade refrigeration to the customer if it is found that goods are not under a warranty claim. Compressors will be tested on warranty claims and a professional compressor report will be given the details of compressor failure. Compressor reports can take up to 7 days for processing. No loan equipment can be provided.

9.1. In no event shall Centigrade Refrigeration be liable for (a) loss of food or contents of equipment due to failure or malfunction for any reason, or (b) for consequential, incidental or special damages.

10. Any products or parts sold on an “AS IS” basis are not covered by any warranty. Used products covered by this order are sold on an “AS IS” basis unless otherwise stated in writing executed by Centigrade Refrigeration.

11. Centigrade Refrigeration’s obligation to deliver the equipment and provide for its installation shall in no event commence until Buyer’s premises are ready to receive the equipment. Costs and expenses to Centigrade Refrigeration or its contractor for delays in installation due to interference or delays by other contractors and/or by Buyer on Buyer’s project will be charged to Buyer.

11.1.Buyer shall be responsible for all cost incurred by Centigrade Refrigeration caused by any change to Centigrade Refrigeration’s installation, if any, of equipment purchased hereunder, whether such change is made at Buyer’s request or required due to store layout, utility availability, or otherwise. BUYER IS RESPONSIBLE FOR ALL STORE SPECIFICATIONS PROVIDED BY OR ON BEHALF OF BUYER TO CENTIGRADE REFRIGERATION.

12. Cold Room Construction Tolerance and Client Specifications

12.1. Tolerance Consideration: In the construction of cold rooms using insulated panels, meticulous attention must be given to a few millimeters of tolerance within the specified size. This is especially crucial because the panels used for construction are handmade.

12.2. Client-Specific Requirements: When a client demands a specific size with zero tolerance, clear communication with the on-site team is essential before building commences.

13. The Customer acknowledges and agrees that notwithstanding that the Services and Goods may be subject to an insurance claim the Customer is responsible for payment of invoices under this Agreement. If repairs or service is part of a claim for insurance, Centigrade Refrigeration will not commence work unless invoice amount was paid in full by customer / customers insurer.

14. Buyer shall have the right to terminate this Agreement for Centigrade Refrigeration’s non-performance provided Centigrade Refrigeration fails to cure such non-performance within 30 days after having been given prior written notice thereof. Any cancellation by Buyer for reasons other than Centigrade Refrigeration’s non-performance shall be subject to Centigrade Refrigeration’s approval, and shall entitle Centigrade Refrigeration to damages.

14.1.Upon early termination or expiration of this Agreement, Centigrade Refrigeration shall have free access to enter Buyer locations to disconnect and remove any of Centigrade Refrigeration’s personal proprietary property or devices as well as remove any and all Centigrade Refrigeration -owned parts, tools and personal property.
Additionally, Buyer agrees to pay Centigrade Refrigeration for all incurred but unamortized service costs performed by Centigrade Refrigeration including overheads and a reasonable profit.

15. Centigrade Refrigeration reserves the right to discontinue its service or suspend the one year guarantee at any time payments have not been made as agreed, there are any outstanding invoices on work done or if alterations, additions or repairs are made to equipment during the term of this Agreement by others without prior agreement between Buyer and Centigrade Refrigeration.

16. If provision of this document or portions thereof are held to be invalid under any applicable statute or rule of law, or regulation they are to that extent to be deemed omitted from the conditions of sale and the balance of this agreement shall remain in full force and effect

17. The Company shall not be responsible for any error or omissions unknowingly excluded from its documentations. These terms is automatically accepted with the purchase of Centigrade refrigeration’s goods or service.