Sales Terms and Conditions
Coating Industries (Pty) Ltd – Paint Manufacturing, Supply, and Installation Services
1. General
• These Terms and Conditions govern all transactions between Coating Industries (Pty) Ltd (“the Company”) and its clients (“the Client”) relating to the manufacture, supply, and installation of paint products and related services.
• By engaging with the Company, the Client agrees to be bound by these Terms.
• No variation of these Terms shall be valid unless agreed to in writing by an authorized representative of the Company.
2. Product Samples and Color Matching
• The Company will endeavor to match laboratory-prepared samples as accurately as possible.
• Slight color variations may occur due to inherent differences between production batches.
• The Company shall not be held liable for minor discrepancies in color between stock ordered from separate batches.
• Clients are advised to order sufficient quantities from a single batch to minimize potential variation.
3. Fixtures and Site Conditions
• All fixtures, fittings, and site-specific elements remain the sole responsibility of the Client.
• The Company shall not be held liable for any damage, loss, or incompatibility relating to fixtures.
• The Client must ensure that all fixtures are adequately protected and compatible with the products and installation methods used.
4. Delivery and Risk
• The Company shall not be held liable for delays caused by factors beyond its control, including transport disruptions, supplier delays, or unforeseen circumstances.
• Once stock has left the Company’s premises, all risk—including damage, loss, or deterioration—passes to the Client.
• Clients are encouraged to arrange appropriate transport and insurance where necessary.
5. Installation and Site Access
• The Client must ensure that the site is accessible, safe, and prepared for installation as agreed.
• Any delays or additional costs arising from site inaccessibility or unprepared conditions will be charged to the Client.
• The Company reserves the right to suspend work if site conditions pose health, safety, or compliance risks.
6. Warranty and Limitations
• Product warranties are issued site-specific, subject to the specific requirements of the product and installation.
• Warranty claims must be submitted in writing and are subject to inspection and approval by the Company.
• The warranty does not cover damage caused by misuse, improper maintenance, or external factors beyond the Company’s control.
• The Company’s liability under warranty is limited to repair, replacement, or refund at its discretion.
7. Payment Terms
• Payment terms will be outlined in the official quotation or invoice.
• Late payments may incur interest charges and may result in suspension of services or delivery.
• Ownership of goods remains with the Company until full payment has been received.
8. Quotation Validity, Scope Changes, and Rate Adjustments
• All quotations are valid for 30 (thirty) calendar days from the date of issue.
• Any scope changes after acceptance of the original quotation will require re-quotation.
• Revised quotations may reflect higher rates depending on the nature, complexity, and timing of the changes.
• Additional charges apply for overtime, weekend, or public holiday work.
9. Liability
• The Company shall not be liable for indirect, incidental, or consequential damages arising from the use of its products or services.
• The Company’s total liability shall not exceed the value of the goods or services supplied.
• The Client indemnifies the Company against claims arising from misuse, negligence, or failure to comply with instructions.
10. Intellectual Property
• All product designs, technical data, catalogues, and branded materials remain the intellectual property of the Company.
• Clients may not reproduce, distribute, or use such materials without prior written consent.
11. Compliance and Safety
• The Client must comply with all applicable laws, regulations, and safety standards relating to site preparation and installation.
• The Company reserves the right to refuse or suspend work if compliance is not met.
12. Force Majeure
• The Company shall not be liable for failure to perform its obligations where such failure is due to circumstances beyond its reasonable control, including natural disasters, strikes, pandemics, or government restrictions.
13. Governing Law and Dispute Resolution
• These Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa.
• Any disputes shall first be addressed through good-faith negotiation.
• If unresolved, disputes shall be referred to arbitration in accordance with the rules of the Arbitration Foundation of Southern Africa (AFSA).
14. Acceptance of Terms
• It is the Client’s responsibility to request, read, and understand all Terms and Conditions prior to accepting any quotation.
• By accepting a quotation and/or making payment, the Client automatically acknowledges and agrees to the Company’s full Terms of Sale and Installation.
• No verbal agreements or assurances shall override these written Terms.
15. Returns Policy
Eligibility for Return
• Products may be returned within 7 (seven) days of purchase.
• A valid original invoice and delivery note must be presented with the returned goods.
• Only unopened, unused, and undamaged products in their original packaging will be accepted.
Handling Fee
• All approved returns are subject to a 20% handling fee, which will be deducted from the refund amount.
• This fee covers administrative, inspection, and restocking costs.
Refund Method
• Refunds will be processed via the original payment method used at the time of purchase.
• Refunds will be issued within 10 working days after inspection and approval of the returned goods.
Exclusions
• Custom-made, special-order, clearance items, and special color-matched products are not eligible for return.
• Products that have been opened, used, altered, or damaged after delivery will not be accepted.
Manufacturer’s Rights
• The manufacturer reserves the right to refuse returns that do not comply with this policy.
• This policy does not affect statutory rights under applicable consumer protection laws.