PO BOX 81891

WINDHOEK

info@terrasol.cc WWW.TERRASOL-NAMIBIA.COM

 

STANDARD TERMS AND CONDITIONS OF TRADE

(Version 1, 1st July 2019) Of

 

Terrasol Engineering cc

(Registration Number CC2014/07239)

 

APPLICABLE TO THE SALE, SUPPLY AND DELIVERY OF ALL GOODS AND SERVICES.

1.   Definitions

1.1.  In these Terms and Conditions of Trade:-

1.1.1.“TERRASOL  Engineering” means TERRASOL  Engineering cc.

1.1.2.“Customer”  means the person indicated as such on a Quotation or invoice of TERRASOL   Engineering,  or on any application  for credit  facilities  with TERRASOL  Engineering.

1.1.3.“Quotation”  means a cost estimate for Services prepared  and communicated by TERRASOL  Engineering to the Customer in writing.

1.1.4.“Services” means any PV installation services provided by TERRASOL  Engineering to the Customer, and includes the supply of goods by TERRASOL  Engineering in the course thereof.

1.1.5.“Terms  and Conditions” means the document which constitutes the standard

basis on which TERRASOL  Engineering cc provides all Services.

1.1.6. “PV System” means the power system designed to supply usable solar power by means of photovoltaic.

2.   Supply of Goods and services

2.1.  Subject  to the provisions  of these  Terms  and Conditions,  all Services  are further supplied  as  per  the  specifications,  the  prices  and  express  conditions  stated  in a Quotation, to the exclusion of any other terms and conditions (including any standard terms and conditions of trade of the Customer).

2.2.  The supply  of Services  is at all times subject  to the availability  of goods  and the capacity  by TERRASOL  Engineering cc and its suppliers,  employees  and agents  to provide the Services.

3.   Quotations

3.1.  Quotations  shall  be  valid  for  30  (thirty)  days  from  date  of  issue,  unless  another validity period is expressly stated in such Quotations.

3.2.  TERRASOL  Engineering does not bind itself to any Quotation / Estimate unless it is given  in writing  and  signed  by  the  duly  authorized  managers  or salespersons  at TERRASOL  Engineering.

3.3.  The Customer may not rely on, and TERRASOL  Engineering shall not be bound by any errors or omissions in its Quotations.  TERRASOL  Engineering may at any time prior to delivery  of the Customer’s  PV System  rectify such errors or omissions  by notifying or re-quoting the Customer accordingly.

3.4.  Where TERRASOL  Engineering has given a Quotation in respect of goods kept on stock, TERRASOL  Engineering shall not be bound by such quotation if at the time of the Customer’s  acceptance  of such quotation the goods are no longer available in

stock, and TERRASOL  Engineering shall be entitled to re-quote the Customer at any time following acceptance of the Quotation by the Customer.

3.5.  Any delivery  periods  or dates  stated  in quotations  are approximates  or estimated dates, and TERRASOL  Engineering shall not be bound thereby.

4.   Prices

General

4.1.  Where prices are quoted in a currency other than Namibian Dollar, or where quoted prices are based on a prevailing exchange rate, the Customer shall carry the risk of any exchange rate fluctuations, and TERRASOL  Engineering may adjust the prices payable in Namibian Dollar accordingly.

Deposits

4.2.  TERRASOL  Engineering  requires  the Customer  to pay a deposit as per Payment schedule,  or else if not stated, 50% of the total value of the Quotation  as proof of acceptance.

Orders of Non-Stock Goods

4.3.  If TERRASOL  Engineering has placed any order on its suppliers for goods not held in stock, the Customer shall not be entitled to cancel its corresponding order to TERRASOL  Engineering without TERRASOL  Engineering’s written consent.

No Own Spare Parts or Material

4.4.  TERRASOL  Engineering  shall not install nor under any circumstances  be liable to install parts supplied by the Customer.   If however a different agreement should be reached between TERRASOL  Engineering and the Customer, a special levy shall be charged on discretion of TERRASOL  Engineering.

5.   Payment Terms

General

5.1.  Unless expressly and in writing agreed to by TERRASOL  Engineering, the customer shall not be entitled to credit.

Cash on Deliver

5.2.  If TERRASOL  Engineering has not granted credit to the Customer, invoices shall be payable by the Customer on presentation, and no settlement discounts shall apply.

Credit Sales

5.3.  If TERRASOL  Engineering has granted the Customer credit, and unless other credit terms have expressly  been agreed to with the Customer  in writing (whether in the Quotation or otherwise) –

5.3.1.invoices are due and payable within 30 (thirty) days of their date of issue;

5.3.2.The Customer shall, in respect of any overdue amounts, become liable to pay TERRASOL  Engineering cc interest  at the legal  rate of interest  in terms  of the Prescribed Rate of Interest Act, 1975 until full settlement.

5.3.3.TERRASOL  Engineering reserves the right to only bring the PV System or other products online once the full payment has been received.

Onus

5.4.  In each  case,  the onus  is on the Customer  to prove  written  terms  in variance  of clause 5.2 and 5.3.

General

5.5.  All payments  shall be made to TERRASOL   Engineering  on due date, in Namibia

Dollar and without any deductions or set-off.

5.6.  The  Customer  may  not  for  any  reason  withhold  any  payment  to  TERRASOL    

      Engineering cc.

5.7.  Payments shall be made by bank transfer or such method agreed to by TERRASOL  Engineering.   TERRASOL  Engineering  reserves the right not to accept cheques or any other payment method it regards as risky.

5.8.  Where   the   Customer   owes   TERRASOL  Engineering cc interest,   TERRASOL  Engineering cc may apportion any payment received from the Customer first to interest and thereafter to principal.

Revocation of Credit

5.9.  If payment  under any invoice  is not made  on due date, TERRASOL   Engineering shall be entitled forthwith  to withdraw  any credit facilities  granted  to the Customer and the full balance then owing by the customer in respect of any supply of Service shall immediately become due and payable on demand by TERRASOL  Engineering.

6.   Risk and Ownership in Goods

Risk

6.1.  All risk (including, but not limited to risk of loss, damage and deterioration) in goods supplied  by  TERRASOL  Engineering cc shall  pass  to the  Customer  on  the  date  of delivery to the Customer property or chosen installation site of Customer.

Ownership

6.2.  Ownership in all goods supplied by TERRASOL  Engineering  shall, notwithstanding delivery,  remain  vested  in TERRASOL   Engineering  until the Customer  has made payment in full.

7.   Warranties

TERRASOL  Engineering Limited Warranties

7.1.  TERRASOL   Engineering  hereby  gives the following  limited  warranties                  (the “TERRASOL Engineering Limited Warranties”) Goods

7.1.1.TERRASOL  Engineering will provide warranty administration services in respect of new goods for a period not exceeding 6 (six) month from the date of delivery of the PV System to the Customer,  with the following contents and subject to the following terms and conditions:

7.1.1.1.    TERRASOL  Engineering undertakes to reasonably assist the customer in making any valid warranty claims against the original manufacturer  of the goods, provided the Customer complies with all warranty claim procedures required by such original supplier or manufacturer.

7.1.1.2.    The warranty to which the Customer is entitled shall be such warranty as  is  granted  or  original  manufacturer  of  the  goods,  and  which  TERRASOL  Engineering is capable of passing on to the Customer.

7.1.1.3.    TERRASOL  Engineering  shall incur no liability to the customer  other than set out in 7.1.1.1. and 7.1.1.2. above, and TERRASOL  Engineering shall not be liable to the Customer for any losses or damages (including consequential  losses, loss of profit, penalties, etc.) of goods in respect of which a warranty claim is made.

7.1.2. TERRASOL  Engineering cc does   not   provide   any   warranty   or   warranty administration services on second hand goods.

Services

7.1.3.TERRASOL  Engineering warrants its own services against faulty workmanship subject to the following terms and conditions.

7.1.3.1.    The  Customer  shall  report  and  specify  the  exact  nature  of  such warranty claim to TERRASOL  Engineering in writing, in each case within a period of 1 (one) month in respect of apparent faulty workmanship.

7.1.3.2.    The  services   warranty   is  limited   to  TERRASOL  Engineering cc re- executing its services and remedying the faulty workmanship.

7.1.3.3.    The   services   warranty   shall   be   invalidated   if  the   customer   has employed any third party to remedy any such actual or alleged faulty workmanship.

7.1.3.4.    The services warranty shall be limited in extend and be invalidated by

failure of the Customer to maintain the PV System in accordance with the manufacturer  specifications,  misuse  of the PV System,  exposure  of the PV System  to extreme  weather  or environmental  conditions  as well as normal wear and tear.

8.   Performance

8.1.  TERRASOL  Engineering cannot be kept liable for weather conditions that have not been mapped out by SolarGIS within a 15% error margin.

8.2.  TERRASOL  Engineering uses SolarGIS as performance calculation database.