Terms & Conditions
Prices & Quotes
- All prices include Value Added Tax.
- Prices are increased bi-annually. We reserve the right to change our prices without prior notice. Prices quoted at the time of the inquiry are correct to the best of our knowledge at that time. We do however reserve the right to make changes to and correct pricing errors at any time. You will be notified if any changes are made.
- Quotes are valid for a period of 30 days from the date of the quote. Prices solely apply to the quantities specified in request (a change in quantity could affect the price).
- Where quotations include delivery, the prices that reflect delivery are only applicable if our transport carrier is utilised.
Payments Terms
- Payments will be required as per agreement either, COD, or 30 days from the date of the statement. Payments shall be paid without deductions or set off and free of bank exchange.
- Acceptable methods of payment include Electronic Payments EFT (which must reflect on our bank statement before the order can be collected or delivered), Cash or Card payments (credit and debit cards).
- Should the date on which payment falls due, not be a working day, payment shall be made on the last working day prior to the payment due date.
- If the purchase price in respect of any goods or any part thereof is not paid on the due date, Boublok without any prejudice to any other rights it may have against the applicant, will be entitled to suspend the carrying out of any of its uncompleted obligations until the payment is made in full. Boublok shall have the right to suspend deliveries and to exercise its right to repossess any goods already delivered. Boublok shall further be entitled to charge interest on overdue and/or outstanding amounts, which interest shall be calculated at Prime rate at the time plus 2% from due date of payment, until the date that payment has been affected in full, both days inclusive.
- The applicant shall not be entitled to hold back any payment or part thereof as a result of any alleged claim of any nature that the applicant may have against Boublok until such time as the validity of such a claim has been determined or resolved between the parties.
Acceptance
- The applicant will be regarded as having accepted the quote/sales order/tax invoice upon placing the order for the goods. All orders placed will be subject to the terms and conditions contained herein and further subject to availability.
Orders
- All orders must be confirmed in writing, or with a purchase order, for large orders a delivery schedule will be required. For special orders (a product manufactured to specification or non-stock item) we will require timeous receipt of all instructions (including quantity, specifications, delivery address, color, etc.) to manufacture the product. Manufacturing will commence after receiving a written order and a 80% deposit. An estimate will be calculated for large orders based on information provided for the project requirements. The actual cost may change once all project elements are finalised or negotiated.
- Should the applicant place a verbal order, Boublok will not be responsible for any errors or misunderstandings caused by the applicant’s failure to place the order in writing.
- All orders, whether written or verbal, will constitute an irrevocable offer to purchase the specified goods and may be accepted by Boublok through delivery of the goods, a formal acceptance in writing, or order confirmation.
Delivery
- A delivery note signed by the applicant shall constitute prima facie proof that delivery of the goods was properly affected to the applicant.
- Where delivery to the applicant is affected through Boublok’s carrier or agent, Boublok shall engage the carrier or agent on such terms and conditions as it deems fit.
- Where the applicant collects the goods or arranges its own transportation carrier to collect the goods, delivery of goods shall be deemed to have taken place once the goods have been loaded into the applicant’s carries transport vehicle. The signature of the applicant’s employee, or carrier as the case may be, on Boublok’s delivery note or waybill, shall be prima facie proof that proper delivery of the goods took place.
- In the event of a dispute arises pertaining to the quantity of goods sold or delivered, then the onus of proving that such goods were not delivered and/or the quantity thereof is not in accordance with the invoice issued, shall be upon the applicant.
- Any date indicated by the Boublok for delivery of the goods shall be regarded as an estimate and shall not constitute a contractual obligation. While Boublok will make every reasonable effort to ensure timeous delivery, Boublok shall not be liable for any loss or damage of whatsoever nature incurred or suffered by the applicant as a result of, or in connection with any late, incorrect, partial or non-delivery. The applicant shall not be entitled to cancel or repudiate this agreement, or any order, nor shall they be entitled to claim damages or refuse to accept delivery, or part thereof, on the basis of delay in the delivery of the order. or any part thereof for any reason.
- All deliveries are subject to the availability of the goods and Boublok shall be entitled in its sole discretion to split delivery of the goods ordered by the applicant, as well as the quantities and dates that it decides to deliver and invoice them to the applicant.
- Boublok shall have the right to cancel any order for any reason, including due to force majeure and shall not be liable for damages arising out of such cancellation.
Delivery Lead Times
- Boublok will attempt to make all deliveries as soon as possible. Delivery lead times are subject to the availability of products, transport vehicles, weather conditions and receipt of payment for COD applicants.
- All products delivered will be offloaded outside the premises or at the nearest accessible point. If the attempt to access the preferred delivery location fails, you will be responsible for providing an alternative delivery location. Trucks may NOT enter the applicant’s property or offload over boundary walls or fences. If our drivers are requested to enter premises or offload over boundary walls or fences, it is then done at the applicant’s own risk and Boublok will not be held liable for any damage to buildings, paving, manholes, gates, fences or any other property or person. The offloading area must be level. It is the responsibility of the applicant to notify Boublok of any difficulties accessing the delivery site. Drivers will only deliver within the ability of the truck or the driver.
- Delivery addresses or pin locations must be correctly supplied with your order. If incorrect delivery information is provided and a second delivery attempt must be made, a new delivery charge will be due. Kilometers are quoted according to instructions, the difference in kilometers will be corrected and you will be liable for the difference. To avoid problems, we do need the contact details of a responsible person on your site to receive the products. No product will be moved if offloaded incorrectly, due to there not being someone to receive the delivery.
- Prices will be affected should you request a subcontractor for deliveries for unseen reasons.
- Full loads or per 1000/per 100 units price are calculated on the maximum weight of the same product and the number of stacks the truck can load. Mixed orders with the same product, but different colors will not affect the price, but mixed orders with different products will affect the price due to the difference in the weight of the product and the number of stacks a truck can load.
Collections
- The loading/unloading process usually involves a forklift, or small quantities could be loaded by hand. You are responsible for the safety and security of your load and should therefore provide the operator with instructions on where to place loads based on the vehicle’s gross weight. However, you must not become physically involved in the loading/unloading process in any capacity, as this would put everyone in a dangerous position. You will be responsible for procuring and arranging transportation for the collection of products or materials from Boublok to your desired address.
- Collections will be completed when the product is loaded, and the delivery note/tax invoice is signed. A signed delivery note/tax invoice will indicate compliance with your order, specifications and requirements which include, but are not limited to colour, product, size, quantities, etc.
- After completion of the collection, we will not be responsible for traffic fines, or any loss of or damage to the products, person, or vehicle. Objection or claim in respect of our product or service delivered must be endorsed on the delivery note or tax invoice at the time of collection or delivery.
Ownership & Risk
- Until such time as the applicant has paid the purchase price in full, in respect of any goods purchased from Boublok, ownership of all such goods shall remain exclusively vested in Boublok. Boublok shall in its sole discretion and without notice to the applicant be entitled to take possession of any such goods which have not been paid for.
- Notwithstanding the foregoing, all risk in and to the goods shall pass to the applicant on date of delivery of the goods to the Applicant.
Product Disclaimer
- Due to the nature of the raw material used in the manufacturing process, color changes may occur throughout the season and between different batches. Surface characteristics of natural stones may vary in each face product. Color variations in sand and stone are a natural occurrence. Second-grade product defects may include height, colour, chips, or cracks. Efflorescence may occur on the product. Product manufactured to specification or non-stock item. If any of the above could be an issue, we recommend you visit our office to view the product before placing an order. These products are not refundable or returnable.
Refund & Breakage Policy
- Products ordered or delivered in error or not corresponding with the specifications will only be considered for return if the returned products can be lifted and transported back to us. To be lifted, the product must be unused, in full stacks and in the original packaging. Products delivered by hand will not be accepted for return. We will require a photograph showing the location and the condition of the product before confirming the collection and return of the product. You will be responsible for the cost of returning the product. Upon arrival, the product will be inspected and classified as first-grade, B grade or rejects. An additional handling fee of 25% will be charged. Although we try to supply your product in perfect condition breakage could occur due to the nature of the product during handling and normal transportation of the product, please allow 3% of breakage to be on the safe side. The 3% of damages are not covered by any refund or replacement.
No Stock Policy
- All products are procured by order. We do not keep stock. No Returns, all sales are final. Products cannot be returned. No Replacements, we do not replace or compensate for any breakages. Inspect materials upon delivery. Please ensure that products meet your requirements before purchase.
Withdrawal of Credit Facilities
- The applicant acknowledges that the Boublok can at any time and in its sole discretion and without any reason withdraw the credit facility granted to the applicant, in which event all amounts due and payable by the applicant to the Boublok will become immediately due and payable.
Certificate of Indebtedness
- The applicant hereby agrees that a certificate signed by the director of the Boublok certifying the indebtedness of the applicant will be prima facie evidence that such an amount is due and owing.
Jurisdiction & Costs
- In the event that Boublok has to institute legal proceedings against the applicant in respect of any claim arising out of these terms and conditions, it is hereby recorded that the applicant consents to the jurisdiction of the Magistrates Court notwithstanding the value of the claim exceeding the jurisdiction of such a court. The aforementioned consent shall, however, not preclude the Boublok from instituting an action in any other court that may have the necessary jurisdiction.
- In the event that Boublok has to institute legal action against the applicant, the applicant shall be liable for Boublok’s legal cost on the scale as between attorney and own client, including interest, collection Commission and tracing fees.
Indulgence & Waiver
- No indulgence, extension of time, relaxation or latitude granted or law to the applicant by Boublok shall constitute or deemed to constitute a wave of Boublok’s rights in terms of, nor shall such relaxation, indulgence or latitude be construed as innovation of any of the terms and conditions set Archer in, the motion of Boublok be prejudiced or stopped from exercising any of its rights against the applicant in the future
Entire Agreement & Variation
- This agreement constitutes the entire agreement between Boublok and the applicant, no amendments, variations or cancellation will be binding on Boublok, unless agreed to in writing by the Director of Boublok.
General
- All or any goods supplied by Boublok to the applicant shall, unless otherwise agreed to in writing, be supplied on the terms and conditions set out herein.
