*1. Definitions*

1.1. In this agreement, the following expressions bear the meaning assigned to them below and cognate expressions bear corresponding meanings:
– *”Supplier“*: Designer Pool Covers (Pty) Ltd
– *”Consumer“*: The client, whose name and details correspond to the quotation issued by the Supplier
– *”Parties“*: The Supplier and Consumer jointly
– *”Quotation” or “Quote“*: The price and product indication provided by the Supplier to the Consumer
– *”Transaction“*: The supply, provision, and/or installation of Goods by the Supplier in exchange for payment
– *”Effective date“*: The date of the quote and the period of 14 calendar days immediately thereafter
– *”the Goods“*: The products sold or provided by the Supplier to the Consumer
– *”Hand over“*: The date of inspection by the Consumer or its representative of the Goods

*2. Interpretation*

2.1. In this agreement and in any annexures:
– Clause headings are for convenience and are not to be used in its interpretation
– Unless the context indicates otherwise:
– Any gender includes other genders
– A natural person includes a juristic person and vice versa
– The singular includes the plural and vice versa
2.2. The word “agreement” refers to these terms and conditions, and “Clause” or “Clauses” and “Annex”, “Annexes”, and “Annexures” refer to clauses of and annexures to this agreement.
2.3. This agreement includes its annexures.

*3. Provision and Installation of Products*

3.1. These terms and conditions apply to the provision and installation of Goods by the Supplier as specified in the Quotation.
3.2. Any goods, services, or products not specified in the quotation are subject to these terms and conditions.
3.3. These terms and conditions come into force upon acceptance of the Quotation and/or payment of the deposit.
3.4. The Supplier shall provide, supply, and/or install the Goods at the Consumer’s specified premises within the time period specified in the Quotation.
3.5. The time period for supply, provision, and/or installation is conditional upon the payment of the Deposit and completion of any preliminary work by third parties.
3.6. The Supplier shall provide a tax invoice upon finalization of the supply, provision, and/or installation of the Goods.
3.7. The Goods remain the property of the Supplier until the purchase price is paid in full.
3.8. The Goods are movable and remain movable despite any method of attachment to any structure or building.

*4. Quotations and Prices*

4.1. All quotations are subject to the availability of materials and equipment.
4.2. Quotations are subject to correction of any bona fide errors by the Supplier.
4.3. The Supplier reserves the right to adjust or amend any quotation marked “subject to measurement” once measurements have been taken and prior to payment by the Consumer.

*5. Payment by Consumer*

5.1. The Parties agree to the value indicated on the Quotation as payment for the Goods, exclusive of VAT unless otherwise indicated.
5.2. The Consumer agrees to pay 70% (inclusive of VAT) of the total amount as a deposit upon acceptance of this agreement.
5.3. The Consumer agrees to make final payment of the remainder within 5 business days upon Hand over.
5.4. All payments shall be made to the Supplier’s nominated bank account. Cash payments are accepted only with a cash deposit receipt.
5.5. If the Consumer cancels the transaction before the effective date and/or payment of the deposit, the Supplier is entitled to retain 15% (exclusive of VAT) of the total amount as a cancellation fee. The remainder of the deposit will be repaid within 14 days of written cancellation. The Consumer cannot cancel this agreement once delivery, installation, provision, or supply has occurred or is in process.

*6. Warranties*

6.1. No warranties are provided other than those explicitly by law and manufacturer warranties applicable as per the annexures.
6.2. The Supplier warrants that any personal information of the Consumer will be processed lawfully.
6.3. The risk in the Goods passes to the Consumer upon delivery.
6.4. The Supplier makes no warranty that the Goods are suitable for any particular purpose.
6.5. The Supplier is not responsible for any civil, mechanical, or electrical work required for the installation.
6.6. The Supplier is not responsible for any damage arising from the installation, use, misuse, abuse, or neglect of the Goods.
6.7. The Consumer indemnifies the Supplier against any third-party claims.
6.8. None of the Goods are intended to provide safety or protection from injury unless explicitly specified.
6.9. The Supplier is not liable for injury, loss, damage, or death involving the use or existence of the Goods.
6.10. Any warranty does not extend to the installation of goods not performed by the Supplier or its designated sub-contractor.

*7. General*

7.1. No amendment to this agreement is valid unless in writing and signed by the Parties.
7.2. No indulgence or extension by the Supplier shall be interpreted as a waiver of its rights.
7.3. The Supplier is not responsible for any loss, damages, or delays caused by force majeure, riots, lockouts, transport delays, or accidents.
7.4. The Supplier is entitled to recover legal expenses for overdue amounts.
7.5. The Consumer chooses the delivery address as its domicilium citandi et executandi.
7.6. This agreement constitutes the whole agreement between the Parties.