TERMS AND CONDITIONS OF SALE

Interpretation

These Terms and Conditions of Sale shall constitute a binding contract for the sale of goods, materials and related services (the “Products”) by SupaRoof (Pty) Ltd to the Customer.

‘Customer’ means the person or entity who purchases the Products from SupaRoof, which expression shall include his/her/its representative(s), agent(s), assign(s) and/or successor(s) in title.

‘Sales Transactional Documents’ means the relevant transactional documents including, but not limited to, the Quotation, Invoice, Delivery Note, Credit Note, Debit Note, Loading Slip, Gate Pass or such other documents as may apply as shall be determined by Supa-Roof.

 

Acceptance

By making use of this website to place an order, the Customer hereby acknowledges that it has read, understood and agrees to be bound by these terms and conditions.

Electronic Communications and Transactions Act

Access to the website may be classified as “electronic transactions” as defined in terms of the Electronic Communications and Transactions Act 25 Of 2002 (“ECTA”) and therefore Customers have the rights detailed in Chapter 7 of ECTA and SupaRoof has, amongst others, the duty to disclose the following information:

 

Full name and legal status of website owner       SupaRoof (Pty) Ltd

Office Bearer                                        

Physical address                                 

Postal address                                     

Telephone number                              

Website address                                  

Email address                                      

Membership of self-regulatory bodies      

Code of conduct                                                       2019/605885/07

Registration number                          

Place of registration

Physical address for receipt of legal service      

Goods and services                            

Alternative dispute resolution         

Complaints                                            

Security procedures                           

Privacy policy                                                       [https://suparoof.co.za/privacy-policy/]

Duration of agreement                                   

Cooling off rights                 Within seven days after the date of the receipt of the Products.

 

Orders and Quotations

A Customer shall place an Order for Products via the “order” section on the website. Upon receipt of an Order from a Customer, Supa-Roof shall accept the Order by providing a Quotation to the Customer.  Supa-Roof reserves the right to accept or decline, in whole or in part, any order for Products placed by a Customer.

For special orders or where a minimum quantity is set by SupaRoof, a Customer shall be obliged to accept and pay for any extra quantity above their order to meet the set minimum requirements.

Prices on the quotation are only valid for a specified period. SupaRoof reserves the right to revise the prices and lead time at any time after the specified period.

Price and Payment

Should the Customer accept Supa-Roof’s Quotation, the Customer shall complete the Order, whereafter the Customer will be issued with an Invoice.

Payments may be made through a secure channel on the website to SupaRoof (Pty) Ltd.

Unless otherwise specifically stated, the price shall be as per SupaRoof (Pty) Ltd’s e-commerce Price List as at the time of sale and not delivery or collection of the Products. The order processing will commence once payment is received and verified.

Product prices shown on the e-commerce platform do not include the cost of delivery, which is chargeable separately. 

The total payment made shall be inclusive of all applicable taxes and duties.

 Delivery

The Products shall either be delivered to or collected by the Customer at such designated location and subject to the provisions set out in the Sales Transactional Documents.

The risk in the Products passes to the Customer when the Products are collected by or received by the Customer or their appointed agent. 

Title to the Products shall not pass to the Customer until SupaRoof (Pty) Ltd receives payment in full and the Customer, or their appointed agent, has collected or received the goods. 

Colours

Colours reproduced here may vary and may not be the exact match to the metal swatches.

Product Images

The Product images are for illustration purposes only and may not be an exact representation of the Products.

 Non-conformity

If a Customer proves that the supplied goods do not conform to the Order, they have up to forty-eight (48) hours or the next working day after delivery to notify Supa-Roof of the non-conformity.

Any late notification of non-conformity will be unacceptable.

Supa-Roof will not take responsibility for goods damaged while in transit to the Customer.[MF1] 

The Customer will have the right to return any defective Products to Supa-Roof within six (6) months of delivery thereof to the Customer.

 Availability of Website

This website may become unavailable from time to time due to maintenance, electricity supply failure, network problems or for any other reason.

Supa-Roof shall not be held liable for any interruptions in the availability of the website, for any reason.

 Personal Data Management

In performing its obligations under these terms and conditions, Supa-Roof may collect, store and process personal information, and the Customer consents to such collection, which information may include, but without limitation identity information, contact information, financial information, transaction information, technical information, profile information, usage information and marketing and communications information. Such information shall be processed and stored in accordance with Supa-Roof’s Privacy Policy[MF2] . 

 Termination 

[MF3] Where the Customer is in default in the performance of any of his/her/its obligations under these Terms and Conditions and the Products have not been supplied, Supa-Roof may refuse, without prejudice to any other rights it may have under these Conditions or at law, to supply or deliver further Products to the Customer until the default is remedied and/or may choose to terminate the sale contract.

 Force Majeure

Supa-Roof shall not be liable for non-performance of its obligations caused by any circumstances beyond its control, including, but not limited to, acts of nature, fires, terrorism, riots, coup d’etat, mutiny, seizure, government actions or any other circumstance beyond the reasonable control of Supa-Roof.

Intellectual Property Rights 

Even where full payment for Products has been made, the Customer will dutifully trade [MF4] and/or deal in the Product as Supa-Roof’s Brands and shall not engage in any injurious dealings which might infringe the rights of Supa-Roof’s trademarks or other protected intellectual property rights in any Product.

 Default by Customer

Where the Customer is in default in the performance of any of its obligations under these Conditions and the Products have not been supplied, SupaRoof may refuse, without prejudice to any other rights it may have under these Conditions or at law, to supply or deliver further Products to the Customer until the default is remedied and / or may choose to terminate the contract.

Limitation of Liability

Subject to any applicable laws, the Customer agrees that any expenses, damages, losses or liabilities whatsoever (including, without limitation, legal fees) incurred by [it/him/her] in connection with or arising from the supply of the Products, the total aggregate liability for an event or series of connected events shall in no circumstances exceed the purchase price of the Product(s).

Supa-Roof and the Customer agree that SupaRoof may offer identical Products as compensation for any loss and if such offer is accepted by the Customer, then the Customer agrees that this shall constitute sufficient compensation.

Supa-Roof shall not be liable for any loss arising from an error in the Customer Specification, loss of business or profits, and/or any other indirect losses.

The restrictions on liability in this clause apply to every liability arising under or in connection with all dealings with the Customer including liability in contract, delict (including negligence), misrepresentation, restitution or otherwise.

The Customer hereby agrees to access and use this website entirely at its own risk.

The website and all content on the website is provided on an "as is" basis, and we make no representations or warranties of any kind, whether express or implied, to the accuracy of the contents on the website. We do not warrant that the functions and services provided by the website will be uninterrupted or error-free, or that the website or the server is free from viruses or other harmful components.

Supa-Roof, including the owners, directors, employees, officials, suppliers, agents and/or representatives shall not be liable for any loss or damage, whether direct, indirect or consequential, or any expense of any nature whatsoever, which may be suffered by the Customer, which arises directly or indirectly upon reliance of the website and/or its content.

Supa-Roof, including the owners, directors, employees, officials, suppliers, agents and/or representatives shall not be responsible for any direct, indirect, special, consequential or other damages of any kind whatsoever suffered or incurred by the Customer related to its use of, or its inability to access or use, the content or the website, or any functionality of the website or of any linked website.

The Customer hereby indemnifies Supa-Roof, and our owners, directors, employees, officials, agents, suppliers or representatives, and keeps us fully indemnified, from and against any loss or damages suffered or liability incurred in respect of any third party, which arises from the Customer’s use of this website.

Intellectual Property Rights

Supa-Roof is the owner of this website and the contents thereof and we retain all intellectual property rights thereto, whether registered or not, including all current and future content on the website, which is not owned by a third party, and nothing in this website should be construed as a right to use or licence of any of the intellectual property.

The website and its contents, which includes all intellectual property therein, may not be reproduced, copied, used, sold or displayed in any manner whatsoever, without our express prior written consent thereto.

The Customer may not use or permit the use of any material or any part thereof, as a trade mark, trade name, business name, service mark, or logo or claim or permit another to claim any proprietary rights in any manner in the material or any part thereof.

Applicable Law and Dispute Resolution

These Terms and Conditions shall be governed in accordance with the laws of the Republic of Kenya.

In the event of any dispute arising under these Terms and Conditions, the parties agree to complaints in relation to the Products through SupaRoof’s internal complaints management mechanism by notifying the dispute to SupaRoof using the email address provided on the Sales Transactional Documents.

The Parties shall use their best efforts to amicably settle any dispute, controversy or claim arising out of or in connection with the Contract and these Terms and Conditions (including any question regarding its interpretation, existence, validity or termination. 

 Warranties

This sale is subject to such warranties as may be implied by the law relating to nature of the Products.

The exercise of the manufacturer’s warranties (if any) shall be as stipulated in the executed product warranty documents. 

 Assignment and Other Dealings

Supa-Roof may at any time assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with all or any of its rights or obligations under the sales transaction. 

The Customer shall not assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any or all of its rights or obligations under the Contract without the prior written consent of Supa-Roof.

 Variation

Supa-Roof reserves the right to vary these Terms and Conditions. No such variation shall have retroactive application. 

 Waiver

No failure or delay by a Party to exercise any right or remedy provided under the Contract, these Conditions or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

 Severance

If any provision or part-provision of these Conditions is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of these Conditions.

 Entire Agreement

 

In the absence of any contract between the parties, these Terms and Conditions and the Sales Transactional Documents shall constitute the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.