Skip to content

Terms and Conditions

  1. PARTIES AND DEFINITIONS
    1. “Supplier” means Modulus Logistics(Pty) Ltd a Company duly registered under the laws of the Republic of South Africa
    2. “Customer” means any person, firm, company, corporation or other legal entity whose details appear on the quotation of which these Conditions form part;
    3. “Goods and/or Services” means any goods provided and/or services rendered, whichever is applicable, by the Supplier to the Customer in terms of the specifications required by the Customer and as described in the quotation;
    4. “Contract” means the contract for the sale and purchase of the Goods and/or Services, incorporating these Conditions.
  2. CONTRACT
    1. The contractual relationship between the Supplier and the Customer shall be subject to these Standard Terms and Conditions (“Conditions”) and no addition or variation shall apply unless agreed to in writing.
    2. The provision of the quotation for the provision of Goods and/or Services to the Customer by the Supplier shall be deemed to be an offer by the Supplier to provide the Goods and/or Services as stipulated in the quotation and which is subject to these Conditions.
    3. No quotation shall be deemed to be accepted by the Customer until a the quote is formally signed, or the required deposit payment is paid as stipulated on the quote, and will serve as acceptance of the quote by the Customer, and will mean they wish to move forward with their specific needs and that they find the quote to be sufficient.
    4. The Customer shall ensure that the terms of the quotation, and any applicable specifications, are complete and correct.
    5. Any quotation is given on the basis that no Contract shall come into existence until the Customer dispatches an acceptance thereof to the Supplier. Unless previously withdrawn, quotations are open for acceptance within the period as stated on such. Where there is no period stated, the quotation shall be open for acceptance for 7 (seven) days from the date it is dated unless withdrawn by the Supplier during that time.
    6. Prices quoted are exclusive of Value Added Tax unless otherwise specified in writing.
    7. Prices are valid for 7 (seven) days and are subject to fluctuation, unless otherwise stipulated on the provided quote.
    8. Product(s) are subject to availability. 
  3. WARRANTIES AND LIMITATIONS OF LIABILITY
    1. The Supplier shall be sourcing quality products from reputable suppliers which will be used by the Supplier to design and plan the Goods and/or Services as required by the Customer and in terms of the Customer’s needs. The Goods and/or Services shall be supplied by the Supplier according to the specifications designed by the Supplier and as required by the Customer. The Supplier warrants that it has the necessary expertise to install the Goods and/or Services and in this regard provides the Customer with a 1 year installation warranty on such installation of the systems.
    2. The Supplier provides no warranty whatsoever in respect of the individual products sourced by the Supplier and used in the manufacture of the Goods and/or Services supplied by the Supplier. The Supplier has no Liability for replacement or repair thereof or other damages in connection therewith. The Supplier shall however advise the Customer with the individual warranties provided to it by the direct suppliers of the products thereof. Should the Customer experience issues with any such product not relating to the supply of Goods and/or Services the Supplier shall assist the Customer with contacting the direct manufacturer / distributor supplier of the product in issue.
    3. The Supplier shall not be liable for any damage or loss resulting from the supply of Goods and/or Services other than as a result of gross negligence of the Supplier or its representatives.
    4. The Supplier does not warrant or guarantee, and is not responsible for: Defects, failures, damages or performance limitations caused in whole or in part by power failures, surges, fires, floods, snow, ice, lightning, excessive heat or cold, highly corrosive environments, accidents, actions of third parties, or other events outside the Supplier’s control, or customers abuse, mishandling, misuse, negligence, improper storage, servicing or operation, or unauthorized attempts to repair or alter the equipment in any way. The Supplier shall not be liable for any damage, loss or injury resulting from any misuse of the Goods and/or Services supplied. Furthermore, the Supplier will not be liable for any use of the Goods and/or Services which is not in accordance with the prescribed manner or the purpose for which the Supplier designed or intended such system to be used.
    5. This document, read with the quotation, contains the entire agreement between the Supplier and Customer and no party shall be bound by any undertakings, representations, warranties, promises or the like not recorded herein.
  4. RISK
    1. Risk in the Goods shall pass to the Customer when they are received or delivered to the Customer’s premises by the Supplier.
  5. RESERVATION OF OWNERSHIP
    1. Until payment has been made by the Customer in full, all legal and equitable ownership of the Goods and/or Services supplied shall remain with the Supplier.
  6. PAYMENT
    1. The customer shall be obliged to make payment to the supplier as indicated on the terms of the quotation signed by the customer and invoices issued thereafter.
    2. In the event of the Customer failing to make payment of the various instalments as provided for herein above, the Supplier shall have the right to hold off on supply of Goods and/or Services until such time as payment had been received. The Customer shall have no claim of whatsoever nature against the Supplier as a result of such a delay in the supply of the system due to non-payment by the Customer.
    3. No deduction from any payment due shall be made by the Customer in respect of any alleged set-off or counterclaim howsoever arising unless the Customer has a valid court order requiring an amount equal to such deduction to be paid by the Supplier to the Customer.
    4. All equipment will remain the property of the Supplier until the amount is paid in full by the customer as per the agreed quote.
  7. CONNECTIONS TO THE MUNICIPAL GRID
    1. Various Municipalities are exploring the viability of allowing solar installations to feed power back onto the grid. The Municipalities are governed by legislation and by-laws over which the Supplier has no control.
    2. Unless specifically requested by the client, the Supplier will not provide/nor quote for system feeding back to the grid. It is the responsibility of the client to request this.
    3. The Supplier shall assist the Customer with applying to and concluding such a contract with the relevant Municipality if possible, however the Supplier makes no assurances in this regard and provides no warranty that any such application will be successful.
    4. The Customer shall have no claim of whatsoever nature against the Supplier should the Customer not be able to feed power back into the grid for whatever reason. Any additional costs associated with the conclusion of a contract with the relevant municipality and which have not been included in the Supplier’s quotation, shall be for the Customer’s account unless stated otherwise.
  8. FORCE MAJEURE
    1. The Supplier shall not be liable for any loss or damage caused by the non-performance or any delay in performance of any of its obligations hereunder arising out of any matter beyond the Supplier’s control including but not limited to acts of God, war (whether declared or not) or sabotage, fire, drought, flood, excessive rainfall, riots or civil commotion, strikes, lockouts or other trade disputes (whether or not involving employees of the Supplier), breakdown of machinery, transport delays or interruptions, Government restrictions or regulations, delay in delivery by the Supplier’s suppliers or delay caused by obtaining unsuitable materials which will require replacement with suitable materials.
  9. BREACH
    1. In the event that either party (“the defaulting party”) to this Contract breaches any material term hereof and fails to remedy such breach within 20 (twenty) days of the date of receipt of a written notice from the other party (“the aggrieved party”) requiring such breach to be remedied, the aggrieved party will be entitled immediately to cancel this contract by written notice to the defaulting party, which cancellation will be without prejudice to any other rights which the aggrieved party may at law enjoy arising out of such breach and/or cancellation.
  10. NOTICE
    1. All notifications referred to in these Conditions must be in writing and sent by prepaid registered post, facsimile transmission or electronic mail to the addresses, facsimile numbers, or electronic mail addresses as indicated on the quotation. A notice sent by one party to another shall be deemed to be received on the fourth day after posting if sent by prepaid registered post, on the day after faxing if sent by facsimile transmission, and on the day after sending if sent by electronic mail.
  11. SEVERABILITY
    1. If any particular provision and/or term of the Contract is found to be defective or unenforceable or is cancelled for any reason (whether by any competent Court or otherwise) then the remaining provisions and/or terms shall continue to be of full force and effect. Each provision and/or term of the Contract shall accordingly be construed as entirely separate and separately enforceable in the widest sense from the other provisions and/or terms hereof.
  12. WAIVER
    1. No waiver or indulgence of whatsoever nature shall be of any force of effect, including a waiver or indulgence in respect of this clause 12, unless it is reduced to writing and signed by and on behalf of the Parties.
  13. GOVERNING LAW AND JURISDICTION
    1. In terms of Section 45 of the Magistrate’s Court Act of 1944, the Customer hereby consents to the jurisdiction of the District Magistrate’s Court having jurisdiction in terms of Section 28 of the said Act in respect of any action to be instituted against the Customer by the Supplier in terms of this Contract.
  14. LEGAL COSTS
    1. Should the Supplier have to take any legal action against the Customer to enforce its rights in terms of these Conditions, the Customer shall pay all legal costs, including collection commission and VAT, incurred by the Supplier on an attorney and own client scale.
  15. GENERAL
    1. No person, other than the directors of the Supplier, has any authority to contract on the Supplier’s behalf on any terms or conditions other than those contained herein. No terms or conditions contained in any quotation, proposal or other document issued by the Supplier that are at variance with the conditions contained herein shall be valid and these conditions shall not be capable of variation except by express written agreement signed by or on behalf of the Customer and on behalf of the Supplier.
    2. The Customer chooses the Customer’s address at which the Goods and/or Services is to be supplied by the Supplier as its domicilium citandi et executandi and the address to which or at which all correspondence, notices and legal process may be sent or delivered to the Customer. The Supplier chooses as its domicilium citandi et executandi 09 Beyers Road. Summerstrand, Gqeberha, South Africa, 6001 and the address to which or at which all correspondence, notices and legal process may be sent or delivered to the Supplier