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Festive Decor & Illumination

Terms & Conditions

 

The following terms and conditions apply with respect to the acceptance and handling of all TMCC orders. These terms and conditions form an integral and automatic part of all quotations and invoices provided by TMCC to its clients. Additional and/or alternative terms and conditions from the client are only valid if TMCC has approved them in writing, and all clauses not specifically amended in such agreements remain valid and in force.

 

  1. Ordering

The client is bound by its order until such time as it receives written confirmation of acceptance or refusal from TMCC. Once issued, orders cannot be retracted. This includes projects that encompass more than one season – once a quote is accepted, it must be adhered to for the full period agreed upon.

 

  1. Prices

All prices given by TMCC are ex stock prices and exclude VAT and delivery. In the case of a delay in payment of more than fourteen days or the commencement of insolvency proceedings, all special terms accorded over and above the standard prices are forfeited and will subsequently be debited from the client’s account.

 

  1. Delivery

Unless other special agreements have been made, decisions regarding the delivery method are made by TMCC. TMCC has the right to undertake the part-shipment of orders. Delivery is made from the main warehouse or distribution warehouse.

The goods are delivered at the client’s risk and expense. The client assumes the risk liability for the goods from the time that the goods are dispatched from the TMCC warehouse. This is also valid in the case of part-shipments or when other services are provided, e.g. when the goods are supplied and installed by TMCC. Should the delivery or receipt of the goods be delayed for reasons not attributable to TMCC, the client assumes the liability risk for the goods from the day on which the goods are ready for dispatch.

 

  1. Returns

Returns not agreed in advance will not be accepted by TMCC and will be sent back at the risk and expense of the original sender and, as TMCC is not obliged to provide temporary storage for the goods, TMCC may levy a storage fee per square metre per day. In the case of returns agreed between TMCC and the client, a 10% handling fee will be invoiced. Agreed returns are sent back at the risk and expense of the sender.

 

  1. Payment

5.1. Invoices from TMCC are payable net with no discount on receipt of goods. In the case of delayed payment, interest on arrears will be charged at a rate of 8% more than the bank interest paid by TMCC plus VAT.

5.2. Sales representatives and agents are not authorised to receive payments, goods, etc. on behalf of TMCC. Anyone handing over cheques or monies to unauthorized representatives does so at their own risk. TMCC emphasises that the bearer, who is acting here on behalf of the client, does not thereby have any legal mandate for the receipt of money. Similarly, any claims made on the basis of the non-receipt of credit notes for goods in these cases will also be discounted.

5.3. Where deposit payments are required to secure an order, clients should note that delaying the payment of the deposit will delay the ordering and/or manufacture of the stock and this will impact on delivery dates. Clients wanting stock by specific dates should bear this in mind.

5.4. Late payments due on project installations will suspend all agreed TMCC obligations to maintain said installations until the overdue amount has been paid in full.

 

  1. Bill of exchange

TMCC will only accept bills of exchange on the basis of an agreement made in advance: bills of exchange are regarded as payment and are only credited to the client’s account following the correct payment and settlement of all outstanding expenses.

 

  1. Defects and warranty

7.1. The goods supplied must be tested according to the methods set out in SANS IEC 60 598 and any defects found must be noted in detail on the delivery note or bill of freight in order to exclude any contractual claims – in particular claims for damages. Should immediate testing not be possible on receipt, this must also be noted on the delivery note or bill of freight in order to exclude all contractual claims and the company must be notified in writing of any defects discovered during testing within four days of delivery.

 

7.2. Liability applies to manufacturing and material defects differing markedly from the technical standard. The warranty period is 12 months from the date of delivery of goods. After this period, any other claims, such as for damages, will also be excluded.

7.3. Should there be an actual defect, it is up to TMCC to fulfil the client’s warranty claims by upgrading or supplementing the faulty product, reducing the price, exchanging the faulty goods for functional goods, or taking back the goods and refunding the customer. The client has the right to reduce the price only if TMCC fails to fulfil the client’s warranty claims as set out above within a reasonable period of time.

7.4. TMCC may choose whether to remedy defects at the TMCC’s company premises or at the site where the goods were delivered. If the necessary services to remedy the defects are undertaken at TMCC’s company premises, the client must return the goods to TMCC, correctly packed, at its own cost, as required by TMCC.

7.5. In case of a defect, TMCC’s liability will be limited to the sale price of the defective part of the goods. Specifically, there will be no liability for reimbursement of expenses the client incurred in connection with TMCC’s remedying or exchanging of the goods. This will apply especially to any disassembling and reinstalling of the products.

Example: An installed rope light becomes partially defective due to a manufacturing or material defect warranted by TMCC. The cost of disassembling and reinstalling the part of rope light affected by the defect cannot be claimed from TMCC. TMCC’s warranty and liability obligations will be completely satisfied by the delivery of a replacement for the part of rope light affected by the defect. No additional claims will be accepted.

7.6. TMCC has no liability for damages caused by the client or by a third party through any unusual external influences or incorrect use. TMCC is also released from any warranty liabilities if the products supplied by the company are altered or changed in any way by the customer or a third party.

7.7. TMCC assumes no liability for used products, or for products owned by the client (and not supplied by TMCC) which TMCC has agreed to install.

7.8. The client is responsible for familiarizing itself with all regulations relevant to the use of the product and is contracted to ensure that provision is made to ensure that these regulations are observed in the installation and operation of the product. TMCC products are all certified and approved by SABS. They are plug-in products and are therefore not subject to the electrical compliance certification required for buildings. It is the client’s responsibility to ensure that it has the necessary power supply to utilise the product.

7.9. Colour deviations in LED are possible and are not considered a defect.

 

  1. Damage occurring during shipment

Any occurrence of damage must immediately be detailed in writing and sent to the carrier. Claims for damages may only be submitted on this basis.

 

  1. Items made to order

In the case that TMCC undertakes to make special items to order following drawings, samples or models provided by the client, the client assumes liability for ensuring that there is no infringement of the trademark rights of any third party and in this respect TMCC is indemnified by the client.

 

  1. Reservation of proprietary rights

10.1. The goods remain the property of TMCC until full payment is made of the purchase price, including all interest and any related costs.

10.2. If the goods are sold on to a third party before payment in full of the purchase price, the price at which the goods are sold on then becomes the price payable to TMCC. The customer is legally obliged to keep safe any profits made in this respect and to transfer them to TMCC immediately.

10.3. Should the goods be seized or confiscated, the client is legally obliged to inform TMCC within three days and to provide TMCC with all information and support necessary for the enforcement of proprietary rights.

10.4. It is agreed that the proprietary rights of TMCC are maintained even when the delivered goods are combined and converted.

10.5. In cases of delay of payment, impending insolvency, reclamations to do with exchange and cheques, enforcement proceedings, or in cases where unsatisfactory information is provided regarding the ability of the client to make a payment and / or their financial situation, TMCC will request the return of any goods over which it has proprietary rights. The client may only keep the goods if the right to do this is recognised by TMCC or is ascertained via legal means.

 

  1. Delivery date

11.1. The delivery dates stated by TMCC in order confirmations or in other business documents are only estimates and can therefore be adjusted. Compliance with the delivery date is dependent upon the prompt provision by the client of all documents, authorisations, clearance and compliance with the agreed payment terms and any other obligations. Should these conditions not be met in good time, the delivery date will be adjusted as appropriate. In the case of an alteration or addition to an order, the lead-time stated in the original order confirmation recommences from the date of the alteration or addition to the order.

11.2. Should special circumstances prevent the delivery of an order on time, the client may only withdraw from the contract once a six-week notice period, as set out in writing by the client, has elapsed. If a client withdraws from a contract, the client can make no claim for damages from TMCC.

11.3. Should there not be compliance with the request from TMCC for information regarding the client’s credit situation, or should the information provided not be satisfactory or should the statement of account suggest that a payment not be possible, TMCC has the right to fully or partially revoke its delivery obligations. In cases where delays in delivery are the client’s responsibility, TMCC has the right to invoice for storage costs as per point 4. TMCC’s right to claim for damages in this connection remains unaffected.

 

  1. Force Majeure

Should TMCC’s fulfilment of its contractual obligations be made impossible or be substantially complicated by forces beyond the control of TMCC, such as its component maker’s failure to supply goods or in the case of strikes and lockouts, the company can partially or fully revoke the contract. In this case, as in all others, the client relinquishes its right to any legal claim on the basis of delayed or stopped delivery.

 

  1. Error

Once accepted by TMCC, the rescission of an order on the basis of error is ruled out.

 

  1. Liens

For the purpose of securing its entire outstanding debt, the client will provide TMCC with a lien against the objects the client has transferred to TMCC. With this transfer, the client confirms that it is authorized to dispose of these objects.

 

  1. Exclusion of Offset

As long as an open account has not been established, the client’s counterclaims may not be offset against TMCC claims without the express written consent of TMCC.

 

  1. Copyright

16.1. Some of TMCC’s designs are protected by registration; the representation of the products in catalogues and brochures, images provided, drawings, sketches, visuals and other documents are TMCC’s intellectual property. The documents listed above and any other documents made available in business transactions may not be used for any other purposes, and they may not be copied and made accessible to third parties without the written consent of TMCC. Upon request, they are to be returned immediately.

16.2. TMCC may perpetually and irrevocably incorporate the customer‘s name and a description of the service provided for the client into its reference list and use that information as well as pictures of client’s light-installations with its products for advertising and presentation purposes in any fair manner whatsoever, including, without limitation, on the internet.

 

  1. Visualisations

As an extra service, TMCC may provide the client with visualisations of how the products might look once installed. These pictures are produced by an artist who combines photographs of the relevant location (usually provided by our on-site sales person) with photographs of TMCC product (provided by our manufacturing facility). The artist must assess the probable size of the spaces in the photographs based on the sizes of, for example, people in the picture and attempt to the best of his ability to ensure that the products (the sizes of which he has the specifications for) are correctly sized to match the space, taking into account the further complication of differences in perspective for the more distant parts of the photograph. Given these constraints, clients must bear in mind that these are just pictures and that the reality may look slightly different. In addition, the brightness of the lights in situ will be affected by the size of the space, the time of day, and the other lights in the vicinity. Practical considerations when actual installation occurs may require tweaking of the original “look” envisioned when the visualisations were created. TMCC therefore does not warrant that final installations will look identical to any visualisations provided; however, they do closely approximate the way the installation will look and are a valuable visual aid. TMCC will use its expertise to make any necessary on-site decisions; however, if the client wishes to have a representative present during installations to confirm any such decisions, they are welcome to do so. Once the stock has been installed, should the client want anything subsequently moved or altered, TMCC will charge its daily call-out fee for every day (or part thereof) that it requires to make such changes.

 

  1. Access

18.1. Once dates and times have been agreed upon for installation and installation commences, TMCC requires full access to all areas in which the installation is to take place during the agreed upon installation hours. Should access be blocked for any reason, TMCC will charge a full call-out fee for every day on which access was blocked, and will adjust the completion date for the project accordingly.

18.2. TMCC requires loading access for unloading both the stock and the machinery necessary for the installation. Should this access be blocked for any reason, TMCC will charge a full call-out fee for every day on which access was blocked, and will adjust the completion date for the project accordingly.

 

  1. Electricity

19.1.TMCC’s products are all plug-in items. It is the client’s responsibility to supply the necessary certified plug-points necessary to run all the products installed. Should additional plug-points be required, the client agrees to install, at its own cost, certified plug-points in the required areas.

19.2.Certain electrical machinery may be used in the installation. The client agrees that it will provide the necessary plug-points to enable TMCC to run and charge these machines during installation. Should access to such plug-points be blocked for any reason and a machine be rendered unusable as a result, thereby delaying installation, TMCC will charge a full call-out fee for every day on which access was blocked, and will adjust the completion date for the project accordingly.

 

  1. Parking

TMCC requires parking for the duration of the installation. The client agrees to supply TMCC with any necessary parking free of charge, and warrants that they have a legal right to grant TMCC the use of said parking.

 

  1. Storeroom

For the duration of an installation TMCC requires the use of a secure storage area, to which TMCC has sole access, on the premises where an installation is taking place. The storage area must to be large enough to store all the stock being installed and it must be clean and well-lit.

 

  1. Contact Person

The client agrees to provide TMCC with the name and contact details of an afterhours contact person who has the authority to assist them with any relevant queries or problems TMCC may encounter during night-time installations and who will be available throughout the installation.

 

  1. Extensions

TMCC’s products are all plug-in products, and as such will need to be connected to the plug-points provided by the client via extensions. TMCC provides extensions in black and white and should the client have a preference as to which colour they prefer, they agree to state this preference at the time when the order is placed. Should the client express no preference on placing the order, TMCC will use its discretion as to which extensions to use. Once the extensions have been installed, should the client then wish the colour be changed, TMCC will charge a full call-out fee for fee for every day it takes to replace the extensions, and will adjust the completion date for the project accordingly.

 

  1. Call-Outs

Should the client call TMCC out to do maintenance and it is ascertained that the problem was not due to any fault on the part of TMCC (for example where a display item has been unplugged or vandalised), then TMCC will charge a full call-out fee for every day (or part thereof) that the team is on-site. In addition, any replacement stock that may be needed for such repairs will be separately quoted for. Where it is ascertained that the fault is with the product or the original installation, then no call-out fee will be charged. TMCC would prefer that a representative of the client be present while TMCC is initially inspecting the problem; however, if the client chooses not to send a representative to witness the inspection, then the client agrees to abide by TMCC’s assessment of the problem and how it arose.

 

  1. Storage

Should the client store any of their property with TMCC, they do so entirely at their own risk. The client hereby indemnifies TMCC against any claim for any loss or damage to such stock from any cause whatsoever.

 

  1. Partial Voidness

If individual clauses of these delivery and payment conditions should be or become void, the validity of the remaining conditions shall not be affected.

 

  1. Applicable Law, Court of Jurisdiction, and Place of Fulfilment

19.1. South African law will apply.

19.2. Place of fulfilment of the contract is TMCC’s company seat.

19.3. Court of jurisdiction is the appropriate court in Randburg.

 

  1. General

By placing an order or accepting a shipment, the client is expressly acknowledging these General Terms and Conditions.