Terms and Conditions for Sales for Paddington Gutter Components (Close Corporation)
Introduction
These Terms and Conditions for Sales (“Terms”) govern the sale of aluminum coil and components for gutter installation (“Products”) by Paddington Gutter Components, a South African Close Corporation (“Paddington,” “we,” “us,” or “our”), to our customers (“you” or “Customer”). By purchasing our Products, you agree to these Terms, which comply with the Consumer Protection Act 68 of 2008 (CPA) and other applicable South African laws.
- Orders and Acceptance
1.1 All orders are subject to acceptance by Paddington. We reserve the right to reject any order at our discretion.
1.2 Orders are confirmed upon issuance of a written confirmation (e.g., invoice, quote or order acknowledgment) via email or other agreed method.
1.3 Once confirmed, orders cannot be canceled or modified without our written consent, except as provided under the CPA for consumer transactions.
- Pricing and Payment
2.1 Prices are as quoted in our price list at the time of order, excluding VAT unless stated otherwise.
2.2 Prices are subject to change without notice, but changes will not affect confirmed orders.
2.3 Payment is due as specified in the invoice (e.g., upfront or within 30 days for approved accounts). Acceptable payment method include bank transfer.
2.4 Late payments may suspend further deliveries until payment is received.
2.5 All prices exclude delivery costs unless otherwise agreed in writing.
- Delivery
3.1 Delivery times are estimates and not guaranteed. Paddington is not liable for delays due to unforeseen circumstances (e.g., supplier issues, force majeure).
3.2 Delivery occurs when Products are handed over to the Customer or an agreed carrier at our warehouse or Customer’s specified address.
3.3 Risk of loss or damage passes to the Customer upon delivery. Title to the Products remains with Paddington until full payment is received.
3.4 Customers must inspect Products upon receipt and report any defects or discrepancies within 7 days, as per CPA requirements.
- Returns and Refunds
4.1 Returns are accepted only with prior written approval from Paddington, subject to the CPA for consumer purchases.
4.2 Under the CPA, consumers (individuals purchasing for personal use) may return Products within 10 business days of receipt for a refund, provided they are unused, in original packaging, and returned at the Customer’s cost (unless defective).
4.3 Non-consumer (business) Customers may return Products only if defective or non-compliant with the order, subject to our inspection.
4.4 Refunds, if approved, will be processed within 14 days, excluding delivery costs, via the original payment method.
- Warranties
5.1 Products are warranted to be free from defects in material and workmanship for 6 months from the date of delivery, subject to proper installation and use per industry standards.
5.2 This warranty does not cover damage due to misuse, improper installation, damage due to inadequate care/maintenance for the product or normal wear and tear.
5.3 Under the CPA, consumers are entitled to an implied warranty of quality, meaning Products must be fit for purpose and of good quality. Defective Products may be repaired, replaced, or refunded at our discretion within 6 months of delivery.
5.4 All other warranties, express or implied, are excluded to the extent permitted by law.
- Limitation of Liability
6.1 To the fullest extent permitted by law, Paddington’s liability for any claim arising from the sale or use of Products is limited to the purchase price of the affected Products.
6.2 We are not liable for indirect, consequential, or incidental damages, including loss of profits, unless required by the CPA or other applicable laws.
- Product Use
7.1 Products are intended for use by qualified professionals in accordance with South African building regulations and industry standards.
7.2 Paddington Gutter Components is not responsible for damages resulting from improper installation, damage due to inadequate care/maintenance for the product, misuse, or failure to follow provided instructions.
- Force Majeure
Paddington is not liable for failure to perform obligations due to events beyond our reasonable control, including natural disasters, strikes, or supply chain disruptions.
- Governing Law and Dispute Resolution
9.1 These Terms are governed by the laws of South Africa.
9.2 Disputes arising from these Terms will be resolved through negotiation or, if necessary, in South African courts with jurisdiction. Consumers may also refer disputes to the National Consumer Commission.
- Amendments
We may update these Terms at any time. The latest version will apply to new orders and will be available on our website www.paddington.co.za or upon request.
- Contact Us
For questions or concerns regarding these Terms, contact us at:
Email: gutters@paddinton.co.za
Phone: 0786066100
Address: 73 High Street, Port Alfred 6170, Eastern Cape