T's & C's
I ACCEPT
CONTENTS
1. Definitions
2. Existence of Contract
3. Prices
4. Payment & Charges
5. Delivery and Return
6. Risk, Delivery & Performance
7. Claims Notification
8. Scope of Contract
9. Extent of Liability
10. General
11. Confidentiality
12. Cancellation
13. Force Majeure
14. Notices
1. Definitions
In these conditions the following terms shall have the following meanings:
‘Company’ THI Institution PTY LTD t/a YOYO Crates
‘Customer’ any legal person or body corporate whose Order is accepted by the Company.
‘Contract’ any contract for the supply of Goods or Services by the Company to the Customer.
‘Goods’ any goods forming the subject of this contract including parts and components of or materials incorporated in them.
‘Services’ any services forming the subject of this contract.
2. Existence of Contract
On acceptance of order from Company and payment received from Customer.
3. Prices
a. The prices for the Goods or Services are all inclusive. Prices invoiced are calculated in respect of the quantity and duration of Goods or Services requested by the Customer.
b. The Company shall have the right to adjust its prices for any increase in the price of materials, parts, labour, and transport, changes in work of delivery schedules or quantities or any other costs of any kind arising for any reason.
4. Payment & Charges
All the charges applicable to the Customers rental contract are set out below:
a. Payment Methods:
Payment options as made available by the Company’s website
Pre-Advised Rental Periods:
i. All costs are payable in South African Rands before the start of the hire agreement period.
ii. The Customer may obtain an invoice for monies paid upon request, post-delivery of their order; in addition, a copy of the Customers delivery and collection records are also available upon request.
Additional Charges:
i. SECURITY DEPOSIT: All rentals will contain a refundable security deposit. Should the Customer return all products on agreed “return date”, and all goods are in good order as determined by the Company, the security deposit will be refunded within 2(two) working days of date of return to account details as specified by the Customer. A R10.00 (ten Rand) administration fee will be subtracted from the security deposit for banking fees. The clearance period of the banks will not form part of the 2(two) days as specified on this point.
ii. NON-RETURNED ITEMS: If upon expiry of the rental period any items remain outstanding the Company will contact the Customer to advise of the outstanding products, associated ongoing charges and intervals for the collection of charges. Any items not returned as agreed between the parties will waiver the security deposit for that rental period. Should any items still be outstanding within 2(two) working days of the “return date” of the contract, the Company can use any means possible, including legal avenues, to collect the outstanding items. All expenses relating to this will be for the Customer to pay
iii. LOST/DAMAGED ITEMS: In the event of rental items becoming lost or damaged beyond serviceable condition, the Company will contact the Customer to advise of any associated charges. The security deposit will be used to compensate for any lost/damaged items. Should the replacement costs exceed the security deposit amount, the Customer will be liable for the additional costs.
5. Delivery & Return
a. Unless otherwise and previously agreed in writing (on each occasion) between the Company and Customer, acceptance by the Customer of goods and/or services which have been ordered shall occur upon delivery, or attempted delivery, to the Customer or agreed collection/delivery location.
b. If the Customer fails to take delivery/ collection or rejects the delivery/ collection during the agreed collection date and time, the Company is entitled to consider the order cancelled. The Customer will only be refunded their Security Deposit but will waiver the rental fee.
c. Any date of delivery given by the Company to the Customer, and where the Company utilizes a 3rd party delivery Company, shall be an estimated date only and while the Company will endeavour to comply with such date the Company shall not be responsible for late delivery.
d. Without prejudice to the generality of the foregoing, the Company shall not be liable for late delivery or failure to deliver through any cause which is beyond the reasonable control of the Company.
e. Where the Company offers goods for next working day delivery this is on the assumption that the goods are normally held in stock. If at any time a next day delivery order is placed by the Customer, but the goods are not available for whatever reason, the Company shall notify the Customer, and rearrange delivery and offer to dispatch on a next working day basis at the next available opportunity.
f. Orders received outside normal working hours Mon-Fri 09:00-16:00 will be processed on the next working day and for the purpose of delivery, the date of processing will be regarded as the date of order.
g. At the expiry of the rental period, it is the responsibility of the Customer (unless otherwise agreed) to return the Equipment to the same location as was originally collected, at a time as agreed between the Company and the Customer. The cost of all deliveries and collection by the Company must be paid for by the Customer on demand, even if such deliveries or collections are abortive due to the acts or omissions of the Customer. In all cases Equipment will only be treated as having been returned when the Company has issued a digitally signed receipt to the Customer to be emailed.
6. Risk, Delivery and Performance
a. The Goods or Services are delivered to the Customer when the Company makes them available to the Customer or any agent of the Customer or any carrier (who shall be the Customer’s agent whoever pays its charges) at the delivery point agreed by the Company and Customer.
b. After the Goods or Services are delivered as contemplated in point 6(a) the risk shall be on the Customer for the Good or Services until such time as the items are returned as agreed.
c. The Company reserves the right to use other crate rental partners to deliver and service other branded products that equals the Customer's order. The Customer has a responsibility to return all hired products (i.e crates) regardless of branding or livery as if they were the companies branded own products. The Customer has no additional claims or recourse on any other branded goods delivered other than that as if the products are the companies.
7. Claims Notification
a Any claim that any Goods or Services have been delivered damaged, are not of the correct quantity or do not comply with their description shall be notified by the Customer to the Company in 2(two) working days of their delivery.
b Any alleged defect shall be notified by the Customer to the Company in 2(two) working days of the delivery of the Goods or Services or in the case of any defect which is not reasonably apparent on inspection in 2(two) working days of the defect coming to the Customer’s attention and in any event in the following periods.
c Any claim under this condition must be in writing and must contain full details of the claim including the reference/order numbers of any allegedly defective Goods or Services.
d The Company shall be afforded reasonable opportunity and facilities to investigate any claims made under this condition and the Customer shall if so requested in writing by the Company promptly return any Goods or Services the subject of any claim and any packing materials securely packed and paid to the Company for examination.
e The Company shall have no liability regarding any claim in respect of which the Customer has not complied with the claims procedures in these conditions.
8. Scope of Contract
a. Any defects resulting from wear and tear, accident, improper use by the Customer or use by the Customer except in accordance with the instructions or advice of the Company or the manufacturer of any Goods or Services or Goods or Services or neglect or from any instructions or materials provided by the Customer
b. Any Goods or Services which have been adjusted, modified or repaired except by the Company
c. The suitability of any Goods or Services for any particular purpose or use under specific conditions whether or not the purpose or conditions were known or communicated to the Company.
d. Any substitution by the Company of any materials or components not forming part of any specification of the Goods or services agreed in writing by the Company.
e. Any descriptions, illustrations, specifications, figures as to performance, drawings and particulars of weights and dimensions submitted by the Company contained in the Company’s catalogues, price lists or elsewhere since they are merely intended to represent a general idea of the Goods or Services and not to form part of the contract or to be treated as representations.
f. Any technical information, recommendations, statements or advice furnished by the Company its servants or agents not given in writing in response to a specific written request from the Customer before the Contract is made, or any variations in the quantities or dimension of any Goods or Services or changes of their specifications or substitution of any materials or components; if the variation or substitution does not materially affect the characteristics of the Goods or services, and the substituted materials or components are of a quality equal or superior to those originally specified.
9. Extent of Liability
a. The Company shall have no liability to the Customer for any loss or damage of any nature arising from any breach of any express or implied warranty or condition of the Contract or any negligence, breach of statutory or other duty on the part of the Company or in any way of or in connection with the performance of or failure to perform the Contract.
b. If the Customer establishes that any Goods or Services have not been delivered, have been delivered damaged, are not of the correct quantity or do not comply with their description the Company shall, at its option, replace with similar Goods or Services any Goods or services which are missing, lost or damaged or do not comply with their description, the Company shall replace the goods without further charge.
c. If the Customer establishes that any Goods or Services are defective the Customer must return those Goods or Services forthwith, at its own cost, to the Company which will be repaired or replaced at the Company’s discretion and according to manufacturer’s warranty. If the Goods or Services cannot be replaced or repaired within 3 working days of the Company’s receipt thereof the Company may credit the Customer in part or in full at its own discretion.
d. If the Customer returns to the Company any Goods or Services for repair and some are found to be fault free then the Company may, at its own discretion, charge the Customer for its reasonable handling costs.
e. The delivery of any repaired or replacement Goods or Services shall be at the Company’s premises or other delivery point specified for the original Goods or Services.
f. Where the Company is liable in accordance with this condition in respect of only some or part of the Goods or Services the Contract shall remain in full force and effect in respect of the other or other parts of the Goods or Services and no set-off or other claim shall be made by the Customer against or in respect of such other or other parts of the Goods or Services.
g. No claim against the Company shall be entertained for any defect arising from any design or specification provided or made by the Customer or if any adjustments, alterations to other work has been done to the Goods or Services by any person except the Company.
h. The Company shall not be liable where any Goods or Services the price of which does not include carriage are lost or damaged in transit and all claims by the Customer shall be made against the carrier. Replacements for such or lost or damaged Goods or Services will, if available, be supplied by the Company at the prices ruling at the date of despatch.
i. In no circumstances shall the liability of the Company to the Customer under this condition exceed the invoice value of the Goods or Services.
j. The Company shall not be bound by any warranty or representation given by or made on its behalf unless specifically stated in writing and expressly signed stating it is to be incorporated in these Terms and Conditions.
10. General
a. The Company may sub-contract the performance of this Contact in whole or in part.
b. The Customer shall not sublet these Terms and Conditions or the Contract in whole or in part.
c. The Company may at its discretion suspend or terminate the supply of any Goods or Services if the Customer fails to make any payment when and as due or otherwise defaults in any its obligations under this Contract or any other contract with the Company or becomes insolvent, has an administrative receiver appointed of its business or is compulsorily or voluntarily wound up or the Company shall be discharged of any liability in respect of the Customer’s property.
d. If the Goods or Services are manufactured in accordance with any design or specification provided or made by the Customer the Customer shall compensate the Company in full on demand for all claims, expenses and liabilities of any nature in connection with them, including any claim, whether actual or alleged that the design or specification infringes the rights of any third party.
e. Except for any which is expressly agreed to be included in the Goods and Services all tools, patterns, materials, drawings, specifications and other data provided by the Company shall remain its property and all execution of any orders shall become the property of the Company.
11. Confidentiality
The Customer shall not at any time whether before or after the termination of this Contract divulge or use any unpublished technical information deriving from the Company or any other confidential information in relation to the Company’s affairs or business method of carrying on business.
12. Cancellation
After the agreement and payment is completed between the Customer and the Company, the following cancellation policies will be enforced:
a. Should the Customer request a cancelation more than 72 hours before the agreed beginning of delivery date and time, the Company will subtract 15% of the rental fee agreed as an administration fee. The amount after these deductions including the security deposit will be paid back to the Customer within 4(four) working days
b. Should the Customer request a cancelation within 72 hours of the agreed beginning of delivery date and time, the Company will subtract 50% of the rental fee agreed as an administration fee. The amount after these deductions including the security deposit will be paid back to the Customer within 4(four) working days
c. Once agreed delivery date and time has begun, no refund will be given.
13. Force Majeure
The Company shall not be liable for any act or omission arising which shall render performance of the Contract impossible or shall in any way have the effect of frustrating the common cause where such act or omission is beyond the control of either the Company or the Customer or was not reasonably foreseeable by them. Such acts or omissions shall have the effect of automatically terminating the contract.
14. Notices
Any notice given under this Contract shall be in writing and may be served personally, by email.
I ACCEPT