Quality Air Coolers at Affordable Prices
082 441 5466
082 441 5466
GUARANTEES
GENERAL TERMS AND CONDITIONS OF SALE
These terms and conditions constitute the entire agreement between COOL SA and the customer whose name appears on the quotation/tax invoice and or delivery note for the sale of goods and/or materials. These conditions may not be varied unless such variation is in writing and signed by both the parties hereto.
1. The following Terms & Conditions are to be part of the Quotation at all times.
2. Quotations are regarded as accepted only by the reading of such Quotation, including these Terms and Conditions and followed by signature at the end indicating that the said Terms and Conditions have been read and understood and the Quotation is acceptable, failing which payment made of the deposit will be regarded as acceptance of the quotation and aforesaid terms and conditions.
3. Quotations are only considered accepted once signed and/or 80% deposit is paid or order number is supplied. The balance is payable on repair/delivery of goods.
4. Proof of payment must be send to Cool SA. Delivery will only be scheduled when the payment/deposit reflects in Cool SA bank account.
5. Quotation does not include prices for unseen damages and should the supplier become aware of additional faults to be repaired or additional required equipment to be installed, the client/consumer will be notified and pre-authorization will be obtained prior to commencing with repairs/work not quoted for
6. The quotation is only valid for 7 days from date of issue.
7. Repaired or quote rejected items are to be collected within 30 days after completion.
8. Cool SA does not install any of the products in their products range. Installation must be done by a qualified person. The nearest agent can also be contacted to do installations/repair.
9. Products are meant to be operated according to the instruction manual. The warranty will be void if damages have been caused due to abuse or abuse or gross negligence on the part of the consumer. The consumer also accepts that these foregoing factors will vitiate his/her warrantee and /or guarantee.
10. The consumer accepts, that should the goods have a defect, failure or hazard, he/she will immediately inform the supplier. Pertaining to the fact that the supplier has provided warnings and safety instructions in advance, he/she accepts that when handling the goods he/she must comply with these instructions.
11. The warrant does not cover any wear and tear components
12. The supplier will not be held liable for damages caused by the following:
A) Lime Sediment – The supplier herby expressly informs the consumer that it is advisable to install a lime filter and to clean the unit regularly in order to avoid damages as a result of lime sediment
B) Power Surges – the supplier herby expressly informs the consumer to have appropriate measures in place to avoid the unit being damage as a result of municipal power surges.
13. Call out fee plus labour will be charged for jobs that is not warranty related.
14. All goods and spares shall remain under the ownership of the supplier until the full invoice price has been paid. If more than one unit is purchased and there is a problem with the product the whole transaction cannot be cancelled. Reasonable time must be given for the fault to be fixed.
15. At delivery it is the client’s responsibility to check on the quantity and quality of product and to bring it under the attention of the deliverer.
16. Free access to the area will be required in order to do the required work & installation of the equipment
17. The premises/area required to perform the work must be of such a nature that it is not unsafe, dangerous or hazardous to our employees performing the installation/service/repairs. Should the site/area be considered unsafe, dangerous or hazardous, Cool SA or authorized agent reserves the right to refrain from entering until such time as the hazard has been rectified
18. It is preferred that the site of installation/services/repairs are supervised. Cool SA or authorized agents will not be held responsible for any loss or damage if this requirement is not adhered to.
19. Standing times or delays in performing the work not by our own doing will be charged for in addition to the quotation at and hourly rate.
20. Date of installation will be communicated with the client/consumer. Weather factor must be taken into consideration.
21. Should commissioning not be possible as soon as the work has been completed and fall outside the installation time frame as a result of factors not caused by us, such commissioning will be seen as additional work and will not form part of the quoted price
22. It is strongly advised that the client/customer and all staff who are required to use the equipment receive training in respect of the use of the equipment. Should you elect not to have training in this regard the client/customer accepts that this will vitiate the warrantee and/ or guarantee
23. Should the client/consumer give instructions contra the advice of the supplier or not adhere to any advice given by the supplier, the supplier will not be held responsible/liable for any damages/costs and/or claims arising from the client’s failure to adhere to the advice given.
24. In the event where that customer has in writing brought a defect/problem under Cool SA attention and acted on the advice of Cool SA, the warranty will still stay intact. Where the client acted on his own without bring the defect/problem under Cool SA attention the Warranty will be void.
25. Should installation/service/repair be done in accordance with the instructions of the client, which proves to be incorrect instructions during/after installation/service or repair, the client will not hold Cool SA liable for damages /loss incurred as a result thereof. This includes the fact that the client must give clear instructions of the whereabouts of pumps, electric wiring, pipes etc.
26. It is the responsibility of the client to provide Cool SA / authorized agent with the necessary electricity and water needed to perform the installation / service / repair.
27. Cool SA cannot be held responsible for any theft of the cooling system or damage caused to the cooling system as a result of any criminal activity.
28. The customer/client will not claim a refund or remedy and accept full responsibility should the goods be damaged due to misuse, abuse, or gross negligence on their part.
29. In order to be a valid claim, the client/customer must support the claim with original proof of tax invoice/payment.
30. I, the customer / client do however accept, that should the goods have a defect, failure or hazard, I will immediately inform the supplier and promptly claim my remedy. Defective parts must first be inspected by CoolSA to determine if warranty applies. Pertaining to the fact that the supplier has provided warnings and safety instructions in advance, I accept that when handling the goods I must comply with these instructions.
31. The Warranty Period to repair/replace any defective or damaged goods is 12 months (roof units), 12 months for portable units, subject to services being performed by Cool SA or authorized agent. This does not include normal wear and tear.
32. The warranty will become null and void should any unauthorized person perform any work on the goods supplied/installed.
33. Interest prescribed at the maximum rate will be charged on all outstanding accounts
34. If the unit that was quoted and bought, doesn’t work effectively, due to humidity,or the area that is used in to big (client choice) and any other factors out of our control, CoolSA can’t be held responsible.
35. If Cool SA advice that a certain unit must be used for a certain area and the client chooses another unit not in accordance with Cool SA’S recommendations the above paragraph will be applicable.
36. Cool SA is entitled to choose the type and method of delivery and is further entitled to engage the services of a third party (for example, a transport company to transport and deliver all goods and/or materials purchased to the Customer.
37. All risk in and to the goods sold and/or materials supplied shall pass the Customer on delivery which shall be deemed to have taken place:
a) When the Customer or its agent Collects them form COOL SA
b) In the event of the Customer requiring delivery thereof, and Cool SA dispatches them to the Customer via a third party (for example, the clients choice of courier service) on the date upon which they are handed to such third party for delivery to the Customer.
c) In the event of Cool Sa delivering the goods and or materials or making use of an transport company (as per par paragraph 34) at the date when the goods and/or materials are off loaded at the delivery address as nominated by the customer.
d) In the event of the customer requiring the delivery of any order in terms of paragraph 34, 35 hereof, Cool SA does not warrant, will not it be held responsible for any delay(s) in delivery. As such any such delay arising from any cause whatsoever will not entitle the Customer to
1) Cancel the order concerned, and/or’
2) To claim any damages from Cool SA
38. All cost incurred (legal and any other including client/attorney cost) by Cool SA in order to repossess goods, trace the customer and/or goods and collection commission will be for the account of the consumer.
39. Cool SA shall take all reasonable steps to protect the personal information of Clients and for the purpose of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act, Act 2 of 2000 (“PAIA”) and the Protection of Personal Information Act 4 of 2013 (”POPI”).
Cool SA may electronically or manually collect, store and use the following personal information of Clients.
Such information will include the following:
• Name and surname;
• Identity number;
• Passport number;
• Credit Card account number or banking details;
• Postal area code
• Street address;
• Postal address;
• contact numbers;
• e mail address
Cool SA collects, stores and uses the abovementioned information for the following purposes:
a) For ordering a product in line with the client’s instructions
b) Communicate requested information to the operator/third party nationally as well as internationally, depending on the services requested by the client.
c) To send marketing material to you as our client.
40. The manner in which we collect your personal information will be by way of you contacting us telephonically, personally or electronically. If you contact us by using our website or requesting a quotation whether in person or electronically.
41. The personal information hereby provided by the client will be collected, disclosed, used, processed and stored as is necessary to carry out lawful actions and functions for the conclusion or performance of the agreement entered into between us, and will only be done with your written consent where required, unless we are legally required to do divulge same or are obligated to do so for performance of a public law
42. We will provide you with information regarding new services or special offers. In each instance, you will be provided an opportunity to opt out of such information.
43. You hereby grant us permission to enter your cellular number onto our SMS database, if supplied to us by you, for the purpose of promotional material. If you require to have your cellular number removed from our database, please send an email to the following address: [email protected]
44. We will not sell, rent or provide your personal information to any unauthorised third parties without your consent. If at any stage, after you have given us consent, you no longer wish us to use or share your personal information with an affiliate party, you may at any stage withdraw your consent.
2(b) Refund Policy
REFUND POLICY
We will not accept returns or allow exchanges if you do not provide proof of purchase and if the product is not in its original packaging.
When purchasing goods, please consider your product selection. We do not allow return and grant refunds or permit exchanges should you simply change your mind or make the incorrect choice on our products. Customers may opt between a return, or refund, or exchange subject to proof of purchase in the following circumstances:
- Faulty products that do not perform as intended – Please refer to terms and conditions of Warranty(take into consideration temp/humidity/airflow)
- Incorrectly described products or products which are different for the specification supplied to you in the quotation/tax invoice.
Customers should ensure that the correct part/product are ordered. We cannot be held responsible for incorrect product choices. A handling fee of 20% will be charged on all returned products when Cool SA supplied the correct item/ part but the customer gave the wrong description or specifications.
All returns of products will carry a 50% handling fee to cover costs.
Clients will have 24 hours to report,7 days to return the goods.
Return shipping cost, will be at the clients expense.
Please refer to our general terms and conditions as well.
2(c) Warranty:
WARRANTY
The warranty must also be read toghether with the general terms and conditions.
The Warranty Period to repair/replace any defective or damaged goods is 12 months (roof units), 12months for portable units, subject to services being performed by Cool SA or authorized agent. This does not include normal wear and tear
45. Products are meant to be operated according to the instruction manual. The warranty will be void if damages have been caused due to abuse or abuse or gross negligence on the part of the consumer. The consumer also accepts that these foregoing factors will vitiate his/her warrantee and /or guarantee.
46. The consumer accepts, that should the goods have a defect, failure or hazard, he/she will immediately inform the supplier. Pertaining to the fact that the supplier has provided warnings and safety instructions in advance, he/she accepts that when handling the goods he/she must comply with these instructions.
47. The warrant does not cover any wear and tear components
48. The supplier will not be held liable for damages caused by the following:
C) Lime Sediment – The supplier herby expressly informs the consumer that it is advisable to install a lime filter and to clean the unit regularly in order to avoid damages as a result of lime sediment
D) Power Surges – the supplier herby expressly informs the consumer to have appropriate measures in place to avoid the unit being damage as a result of municipal power surges.
49. No Warranty for damage/breakage due to transport.
50. Call out fee plus labour will be charged for jobs that is not warranty related.
51. All goods and spares shall remain under the ownership of the supplier until the full invoice price has been paid. If more than one unit is purchased and there is a problem with the product the whole transaction cannot be cancelled. Reasonable time must be given for the fault to be fixed.
52. Standing times or delays in performing the work not by our own doing will be charged for in addition to the quotation at ……………….R per hour.
53. It is strongly advised that the client/customer and all staff who are required to use the equipment receive training in respect of the use of the equipment. Should you elect not to have training in this regard the client/customer accepts that this will vitiate the warrantee and/ or guarantee
54. Should the client/consumer give instructions contra the advice of the supplier or not adhere to any advice given by the supplier, the supplier will not be held responsible/liable for any damages/costs and/or claims arising from the client’s failure to adhere to the advice given
55. Should installation/service/repair be done in accordance with the instructions of the client, which proves to be incorrect instructions during/after installation/service or repair, the client will not hold Cool SA liable for damages /loss incurred as a result thereof. This includes the fact that the client must give clear instructions of the whereabouts of pumps, electric wiring, pipes etc.
56. The warranty will become null and void should any unauthorized person perform any work on the goods supplied/installed
57. Be careful when filling up a machine, rather turn it off at the wall. Fast moving parts.
2(d) E-mail Disclaimer
E-MAIL DISCLAIMER:
E-mails and their attachments (collectively referred to for convenience as “e-mail”) are intended for the named recipient/s ONLY. If you are not the named recipient (or their authorised representative) or an intended recipient of a copy of the e-mail, or have otherwise received the e-mail in error: Kindly notify the sender (as specified in the e-mail) using the contact details contained in such e-mail and delete this message once you have notified the sender. In such instance you may not forward, copy or otherwise transmit or disseminate the e-mail or any of the contents thereof to any person other than the named sender or an employee of the Company. You may not print, save or otherwise store the e-mail or any of the contents thereof in electronic or physical form.
The e-mail and its contents are confidential, unless specifically stated or if this is manifestly clear from the context (including, by way of example, press releases and other official statements, issued by way of e-mail). If you are not certain of the confidentiality status of an e-mail please contact the sender to confirm this. In addition, e-mails may be logged for archival purposes and may be reviewed by parties at the Company other than those named in the message header. Any unauthorised copying, disclosure, adaption, distribution, publication and/or use of, or any other unauthorised action taken based on this e-mail message, is strictly prohibited and may be unlawful and an infringement of copyright.
Our employees and other users of the Company e-mail are subject to policies that prohibit:
• the obscuring, suppressing, or replacing another user’s identity on an e-mail (pretending to be someone else);
• the use of the Company’s information and communications systems for the exercise of the employee’s right to free speech;
• sexual, religious, political and racial harassment;
• profanity, obscene, offensive, derogatory or defamatory remarks;
• otherwise unlawful communication via e-mail.
Accordingly, if an e-mail sent by a Company user breaches any of these provisions, that e-mail is sent in that person’s personal capacity and the Company is not liable for such messages. The Company will take appropriate disciplinary action against any person breaching these provisions and you can report any such breach.
3. Please ad the following wording below pictures used on your website:
“Pictures are only for display purposes. Design and color may vary from time to time.”
4. Please use the following consent clause if it is necessary for you to do a credit check. This consent clause can be attach to a client information sheet that the client will have to complete.
CONSENT CLAUSE DISCLOSURE OF PERSONAL INFORMATION
1. THE CLIENT understands that the personal information given herein is to be used by COOL SA for the purposes of assessing his/its credit worthiness. THE CLIENT confirms that the information given by him/it is accurate and complete. THE CLIENT further agrees to update the information supplied, as and when necessary or if requested to do so, in order to ensure the accuracy of the above information, failing which COOL SA will not be liable for any inaccuracies.
2. COOL SA has THE CLIENT’S consent at all times to contact and request information from any persons, credit bureaus or businesses, including those mentioned in this form and to obtain any information relevant to THE CLIENT’S credit assessment
3. THE CLIENT agrees that the information given in confidence to COOL SA by a third party on The Client will be used for the purposes for which that information is given or as provided for by legislation.
4. The credit card used to make the purchase must be shown to the party delivering. We cannot be held responsible for delivering the product to the wrong person at the correct address - the address chosen during checkout.
5. THE CLIENT hereby consents to and authorises COOL SA at all times to furnish personal and credit information concerning THE CLIENT’S dealings with COOL SA to a credit bureau and to any third party seeking a trade reference regarding THE CLIENT in his dealings with COOL SA.
6. COOL SA will only use, disclose and retain personal information for the purpose for which it was collected unless the individual has otherwise consented, or when its use, disclosure or retention is required or permitted by law. Personal information will only be retained for the period of time required to fulfil the purpose for which it was collected.
7. COOL SA will maintain personal information as accurate, complete and up-to-date form as is necessary to fulfil the purposes for which it is to be used.
8. COOL SA will protect personal information by security safeguards that are appropriate to the sensitivity level of the information.
9. COOL SA will obtain consent of the individual for the collection, use or disclosure of personal information except where the law states exemptions, grants permission, or creates a requirement for collection, use, or disclosure of personal information.
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