Terms & Conditions
“Solasafe Premium Window Film”
In these Terms:
· Agreement means any agreement or contract entered into for the Services provided by Solasafe Premium Window Film to you;
· Goods mean the automotive tinting goods that form part of the Services.
· Job means an order or request for the Services;
· Services mean the supply and installation of the Goods to the Vehicle and any other incidental services provided by Solasafe Premium Window Film to you;
· Store means any of the automotive tinting stores, sites or locations where Goods and Services are provided by Solasafe;
· Terms means these Terms and Conditions of Sale;
· Solasafe Premium Window Film means The One Stop Shop for all window tinting products and services.
· Vehicle means the motor vehicle delivered to the Solasafe Premium Window Film Store by you.
· You or your means a person, firm or corporation, jointly and severally if there is more than one, acquiring Services from Solasafe.
2. Basis of Agreement
· 2.1 Unless otherwise agreed by Solasafe Premium Window Film in writing, the Terms apply exclusively to every Agreement.
· 2.2 Any written quotation provided by Solasafe Premium Window Film to you concerning the proposed supply of Services is valid for 30 days and is an invitation to treat only it is subject to you offering to enter into an Agreement and accepting these Terms.
· 2.3 Solasafe Premium Window Film quotation may include additional terms which are not inconsistent with the Terms.
· 2.4 The Agreement is accepted by Solasafe Premium Window Film when it confirms acceptance of an offer from you in writing or electronic means or provides you with the Services.
· 2.5 Solasafe Premium Window Film may vary these Terms at any time.
· 3.1 Prices quoted for the supply of the Services will exclude VAT and any other taxes or duties imposed on or in relation to the Services (unless otherwise indicated). In addition to payment of the price for the Services, you must pay any VAT and any other taxes or duties imposed in relation to the Services.
· 3.2 If you request any variation to an Agreement, Solasafe Premium Window Film may increase the price to account for the variation.
· 3.3 Where there is any change in the costs incurred by Solasafe Premium Window Film in relation to the Services, Solasafe Premium Window Film may vary its price for the Services in order to take account of any such change by notifying you.
· 4.1 Payment for the Services must be made in full upon completion of the Services and prior to the release of your Vehicle.
· 4.2 Solasafe Premium Window Film will only accept payment in the form of cash, credit card or bank cheque and EFT.
· 4.3 Solasafe Premium Window Film has the right to require a deposit.
5. Payment Default
· 5.1 If you default on the payment of any amount payable to Solasafe Premium Window Film in accordance with clause 4 above, then Solasafe Premium Window Film may without prejudice to any other remedy available to it:
· charge you interest, which shall accumulate on a daily basis on any sum due at the Prime Rate at the time.
· Any payments made by you will first be applied to any interest payable and then in reduction of any other amount owed to Solasafe;
· Charge you for, and you must indemnify Solasafe Premium Window Film from, all costs and expenses (including without limitation all legal costs and expenses) incurred by Solasafe Premium Window Film resulting from the default or to recover any sum due;
· withhold and retain possession of the Vehicle (and charge you for the storage costs incurred by Solasafe Premium Window Film in accordance with the lien in clause 6.2) until payment is made in full; without effect on Solasafe Window Film's accrued rights under any contract.
6. Passing of Property
· 6.1 Until full payment in cleared funds for the Services is received by Solasafe Premium Window Film, as well as all other amounts owing to it by you, the title and property to the Services and the Goods remains vested in Solasafe Premium Window Film and does not pass to you.
· 6.2 Solasafe Premium Window Film retains a general lien over the Vehicle until full payment in cleared funds is received by Solasafe Premium Window Film for all the Services provided to you.
7. Risk and Insurance
· 7.1 The risk and all insurance responsibility for damage or otherwise in respect of the Goods and Services will pass to you immediately on the provision of the Services.
· 7.2 The Goods and Services are sold to you on the basis that you have obtained all necessary licenses or permits under all relevant laws and regulations in relation to the Goods.
· 7.3 You assume all risk and liability for loss, damage or injury to persons or to your property or third parties arising out of the use of the Goods or provision of the Services supplied by Solasafe Premium Window Film, whether such Goods are used singularly or in combination with other goods.
8. Use of the Vehicle
· 8.1 You hereby consent to and authorize Solasafe Premium Window Film and its employees, agents or contractors to drive or otherwise move the Vehicle for the purposes of and incidental to:
· Supplying and carrying out the Services on the Vehicle; and
· Offering the services referred to in clause 11.
· 8.2 You acknowledge and agree that Solasafe Premium Window Film will not be liable for any loss or damage occasioned to the Vehicle or any person or property whilst the Vehicle is being driven by or in the possession of Solasafe Premium Window Film to the extent permitted by law.
· 8.3 You must indemnify and keep Solasafe Premium Window Film harmless from all costs, actions, claims, demands, loss or damage (including all legal costs) arising from or in connection with the use or possession Vehicle under clause 8.1 and the services referred to in clause 11.
9. Selection of Services
· (c) you have not relied on any service involving skill and judgment, or on any advice, recommendation, information or assistance provided by Solasafe Premium Window Film in relation to the Services or their use, fitness for purpose or application;
· (d) you have the sole responsibility of satisfying yourself that the Services are suitable for your use or any contemplated use, whether or not such use is known by Solasafe;
· (e) Any description of the Services provided in a quotation or invoice is given by way of identification only does not constitute a contract of sale by description.
10. Performance of Agreement
· 10.1 Any period or date for delivery stated by Solasafe Premium Window Film intended as an estimate only and is not a contractual commitment. Solasafe Premium Window Film will in no circumstances whatsoever be liable for any loss or damage suffered by you or any third party, nor will you be entitled to cancel your order for failure to meet any estimated date or cancellation or suspension of the provision of the Services.
· 10.2 A completed delivery docket whether signed by Solasafe Premium Window Film or by you will be proof of provision of the Services invoiced.
11. Liability and Indemnity
· 11.1 Except as specifically set out in these Terms or contained in any warranty statement provided with the Services, any term, condition or warranty in respect of the quality, merchantability, fitness for purpose, condition, description, assembly, manufacture, design or performance of the Services or Goods, whether implied by statute, common law, trade usage, custom or otherwise, is hereby expressly excluded to the extent permitted by law.
· 11.2 Replacement of the Goods or the cost of replacement of the Goods and provision of the Services is the absolute limit of Solasafe's liability, however, arising under or in connection with the sale, use, storage or any other dealings with the Services or the Goods by you or any third party.
· 11.3 Solasafe Premium Window Film not liable for any indirect or consequential losses or expenses suffered by you or any third party however caused, including but not limited to loss of turnover, profits, business or goodwill or any liability to any other party.
· 11.4 You are solely responsible for all risks relating to or arising from the selection, supply, installation and use of the Goods and the Services.
· 11.5 You acknowledge that as a result of your selection, the Goods may:
· Render the Vehicle illegal to use for your intended purpose;
· Render the Vehicle not roadworthy; or
· Otherwise adversely affect the ability to operate or use the Vehicle safely.
· 11.6 If, after the supply of the Goods and Services by Solasafe Premium Window Film(as requested and selected by you), your Vehicle falls within any of the categories in clause 13.5, then you warrant and represent that you will not cause or allow the Vehicle to be driven or used in any manner that is illegal or otherwise unsafe.
· 11.7 Without limiting anything in this clause 12, you must indemnify and keep Solasafe Premium Window Film harmless from all costs, actions, claims, demands, loss or damage (including all legal costs on an indemnity basis) arising from or in connection with your selection of the Goods pursuant to clause 12.4 or a breach of the warranty given in clause 11.6.
· 11.8 Nothing in the Terms is to be interpreted as excluding, restricting or modifying or having the effect of excluding, restricting or modifying the application of any State or Federal legislation applicable to the sale of goods or supply of services which cannot be excluded, restricted or modified.
12. Removal of Existing Tint
· 12.1 Without limiting any other Terms, you expressly acknowledge and agree that Solasafe Premium Window Film will not be liable for any loss or damage occasioned to the Vehicle as a result of the removal of existing automotive tinting products, whether original equipment or aftermarket.
13. Guarantee and Warranty
· 13.1 Solasafe Premium Window Film guarantees that the Services supplied will be free of any material installation defects for the normal lifetime of the Goods. This guarantee is not transferable.
· 13.2 If any such material installation defect is detected, Solasafe Premium Window Film will rectify the defect at its own cost.
· 13.3 You acknowledge and agree that for the purposes of clause 14.1, the normal lifetime of the Goods is 10 years.
· 13.4 For the avoidance of doubt, this guarantee only applies to the installation services and does not extend to any manufacturing or latent defects whether material or otherwise in relation to the Goods.
· 13.5 In relation to any manufacturing or latent defects in the Goods, Solasafe Premium Window Film will so far as it reasonably can, transfer or make over to you the benefit of any guarantee or warranty which may have been given by the manufacturer of any such Goods.
· 14.1 If, through circumstances beyond Solasafe's control it is unable to affect the provision of the Services, Solasafe Premium Window Film may cancel your job (even if it has already been accepted) by notice to you.
· 14.2 No purported cancellation or suspension of a job or any part of a job by you is binding on Solasafe Premium Window Film after that job has been accepted without express written consent to the contrary.
· 14.3 Solasafe Premium Window Film will charge a cancellation fee of R400 if it accepts your purported cancellation or suspension of a job and you did not provide Solasafe Premium Window Film with 24 hours’ notice of your purported cancellation.
· 16.1 The laws South Africa govern these Terms. Each party submits jurisdiction to the courts of South Africa and any appellant courts.
· 16.2 Solasafe's failure to enforce any of these Terms shall not be construed as a waiver of any of its rights.
· 16.3 If any of the Terms are unenforceable it shall be read down so as to be enforceable or, if it cannot be so read down, it shall be severed from these Terms without affecting the enforceability of the remaining Terms.