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“ECCE” refers to East Coast Catering Equipment
TERMS AND CONDITIONS
QUOTATION Prices quoted are not inclusive of VAT, which would be charged at the current rate in force on the date of sale. The quoted price does not include any payments in respect of installation, delivery or any other service offered by ECCE. Listed prices indicated are subject to change without prior notice, written quotations given are valid for a period of 30 days from date of quote, unless otherwise indicated. ECCE reserves the right to amend quoted prices before an order is placed if rate of exchange (ZAR to US$) has changed. ECCE has made every effort to ensure that the information contained within our website and other literature issued by us, including technical data, descriptions, and illustrations are correct; however they do not constitute a sale by description. ECCE reserves the right to supply goods that have been modified by design, specification or finish without notice.
ORDER All orders placed with ECCE by the Customer for all goods shall be done in writing, e-mail or fax. When confirmation of order is received, this is to indicate that we have received your order. It does not indicate that a contract exists between us. We will indicate acceptance of your order, and hence a contract between us, when we send you an invoice. We have included this term to protect us in the case that a mistake has been made in pricing, we have inadvertently under-priced goods, or we are no longer able to supply a particular product for some reason. In the case of a change of price, we will always contact you first to ensure that the price is acceptable. A deposit may be requested by ECCE for any order placed. A deposit that is received by ECCE for any equipment will be deemed to be an order. Any order cancelled after that order has been entered into our purchase process will be subject to a 15% handling fee of the total value of the equipment as quoted, to cover administrative and other costs. If a customer cancels an order for an item of equipment which has been specifically made to their requirements, the said customer will be liable, in addition to the above, to bear the costs of converting the equipment to standard specification. Where the said item cannot be converted then the customer will be liable for the cost of manufacture, as well as the liabilities outlined in the paragraphs herein.
PAYMENT The Customer shall make payment in full to ECCE for all goods purchased upon placing the order, prior to dispatch. Goods supplied remain the property of ECCE until fully paid for. All payments shall be made by electronic transfer or cash into an account designated by ECCE. All payments due by the Customer shall be made without demand or deduction for any reason whatsoever. We are also happy to accept payment by cheque, please make any cheques payable to ECCE, and send to the address detailed on our invoice. Please note that when using this method of payment an additional period of up to 10 working days may be required for payment clearing.
DELIVERY All machines, parts and other products supplied by ECCE to the Customer shall be dispatched from the premises of ECCE or collected by the Customer, at which point the Customer shall assume full responsibility for the products and ECCE shall be fully exonerated from any liability in connection therewith. The Customer shall assume responsibility for all courier and transport costs. ECCE shall not be liable for any damages, losses or theft caused by courier companies. Should ECCE be requested to deliver the equipment ECCE shall to be deemed to be acting as a courier. ECCE strictly advise customers to inspect goods received by the courier before singing the waybill or delivery notes. The Customer shall insure all goods in transit against losses or damage. The Customer shall not be entitled to cancel the sale by reason of any delay howsoever caused. The Customer shall acquaint himself/herself with the operating manual of each machine purchased from ECCE. Please note that all deliveries require a signature, and that unpacking, positioning or installation is not included unless specifically stated or arranged. It is assumed that assistance is available for all deliveries should it be required, where assistance is not available this may be classed as a refused delivery. ECCE reserves the right to impose a handling charge where deliveries are refused as a consequence of no assistance or authorised person to sign for any goods. No claim for damage in transit or shortage in delivery will be considered unless immediate notice is given verbally and in writing both to the carrier and to ECCE, followed by a more detailed claim within three days of receipt of the goods. No goods returned to ECCE or will be accepted without prior written authorisation. A breach of these conditions shall debar the buyer from making a claim. Deliveries are made from Monday to Friday 8:30am to 4:30pm, we will inform the customer before we deliver.
BACK ORDERS If the item you require is not in stock we will place a back order for you.
GUARANTEE AND WARRANTY ECCE hereby warrants that the products are free from defects and in good order as defined by ECCE. ECCE agrees to replace, free of charge, any parts, where such replacement becomes necessary as a sole and direct result of inherent defect in the parts. the labour ,workmanship and travelling involved in the repair of the products on the customers premises, is for the customers account, as the warranty is an “in warehouse” warranty. The transport is for the customers account. The warranty does not cover damage resulting from incorrect, inadequate or negligent application of the products, nor does the warranty cover lightning, power surges or other natural disasters. ECCE shall not be liable to any other extent than the replacement of the defective parts and the labour and workmanship involved in their replacement on our premises, at 279 Magwaza Maphalala (Gale)street. This warranty covers the full extent of liability, no other warranties or guarantees being expressed or implied. The warranty is valid for a period of six (6) months from date of invoice. No refunds on spare parts, and no exchanges or credit on any electrical parts or circuit boards. Beaters, seals, drive belts, and blades are regarded as consumable items and are not covered by this warranty. All machines repaired by ECCE in terms of the warranty must be collected within thirty (30) days of the notification of the completion of the repairs. Failure to comply with this condition will result in the sale of the machine in order to defray costs. Warranty will be void if a refrigerated machine is transported flat or tilted more than 45 degrees. Condenser, compressor, fan and motor need to be dust free and cleaned at least once a month or warranty will be void if this is not done. ECCE undertakes to train the end user in the correct use of the machine once, at no charge at the premises of ECCE. Any further training will be charged at the current hourly rate of the technician. Commercial food service equipment can be dangerous if not correctly maintained and must be serviced regularly and overhauled by qualified Service Engineers. It is a condition of supply of such equipment that the purchaser will have it serviced and overhauled at least once every six months. Where installation is being undertaken on behalf of or by the purchasing party then relevant experience and qualifications should be held by installation engineers, all gas equipment must be installed by an expert. Failure to use correctly trained professionals for installation of equipment may invalidate any warranty.
CLAIMS PROCEDURE ECCE shall require proof of purchase in the form of the original invoice to the Customer, indicating the date, address, telephone number, reason for replacement of defective parts, as well as the actual defective parts under warranty, prior to ECCE honouring the claim. Refunds and/or exchanges only when approved by management.
EXCEPTIONS In the event of a claim from a Customer outside the borders of the Republic of South Africa, the warranty shall not cover labour and workmanship in respect of repairs to the products. Instead, the Customer shall, at his/her own expense, engage the services of a qualified technician to undertake the repairs. The defective part(s) shall be returned to ECCE who shall, upon receipt of the faulty part(s), replace it/them. This warranty is not transferable, should the goods be sold to a third party the warranty is no longer valid.
CONSEQUENTIAL LOSS The Customer hereby agrees that ECCE shall not be liable for any consequential loss or contingent liability whatsoever which the Customer might suffer as the result of any alleged defects in the goods sold by ECCE to the Customer, or in respect of any work performed by ECCE on behalf of the Customer.
AUTHORIZATION The signatory hereby warrants that he/she is duly authorized to conclude this agreement of sale with ECCE and further warrants that he/she is duly authorized to accept these terms and conditions.
JURISDICTION The Customer hereby consents in terms of Section 45 of Act 32 of 1944, or any amendment thereof, to the jurisdiction of the Magistrate’s Court in any district having jurisdiction over ECCE in terms of Section 28 of the aforesaid Act in respect of any claim arising between ECCE and the Customer notwithstanding the amount thereof.
ENTIRE AGREEMENT The terms and conditions contained herein shall constitute the entire agreement of sale between ECCE and the Customer and ECCE shall not be bound by any terms and conditions contained in the order, or similar document, issued by the Customer and no variation to the terms thereof shall be valid unless reduced to writing and signed by both ECCE and the Customer. N.B. 1) Prices are subject to change without prior notice. 2) Photo's and pictures are similar to products and may vary due to model changes from supplier. 3) Error & omission excluded |