Latest update 23 March, 2025
Terms & Conditions
These Terms and Conditions apply to every agreement—whether written, oral, or electronic—between you and TECHNICLAD for the purchase of goods and/or services. Please read them carefully. All provisions matter, but those in bold highlight terms with significant legal consequences, such as limits on your rights or added duties. These notes clarify their impact, not the terms themselves, and don’t restrict their full scope or application.
01. Interpretation
1.1. Clause headings are for convenience and don’t affect interpretation. Unless the context indicates otherwise, these terms mean:
1.1.1. “Agreement” means any contract where you buy goods and/or services from TECHNICLAD under these Terms and Conditions.
1.1.2. “Credit Agreement” means a credit contract with TECHNICLAD under our standard terms.
1.1.3. “Credit Approved Customer” means a customer bound by a valid Credit Agreement.
1.1.4. “Goods” means stone veneer products (e.g., Peel and Stick Panels, Micro Stone, Stone Veneer, Translucent Stone) sold by TECHNICLAD.
1.1.5. “TECHNICLAD” means Southern Ambition 1229 CC, registration number 2006/194395/23, trading as TECHNICLAD, registered at 44 Blue Crane Street, Monte Christo, Hartenbos, Mossel Bay, South Africa, and “we,” “us,” and “our” refer to the same.
1.1.6. “TECHNICLAD Website” means www.techniclad.co.za or any URL we designate.
1.1.7. “Party” means TECHNICLAD or you; “parties” means both.
1.1.8. “Quotation” means a written quote from TECHNICLAD for Goods supply.
1.1.9. “Standard Quantities” means the packaged/sold quantities of Goods, varying by type.
1.1.10. “Tax Invoice” means the invoice issued for Goods purchased.
1.1.11. “You” or “Customer” means the buyer or their agent.
1.1.12. “VAT” means value-added tax per the Value-Added Tax Act, 89 of 1991.
1.2. An Agreement begins when we issue a Tax Invoice or as agreed in writing (“Sale Date”).
1.3. If these Terms conflict with an Agreement schedule, these Terms prevail.
02. Quotations
2.1. You accept that Goods are sold in Standard Quantities. If your order isn’t a Standard Quantity, we may quote for the next higher Standard Quantity, and your acceptance binds you to that amount.
This limits your ability to dispute quantities post-acceptance and may adjust your order. Verify quantities carefully.
2.2. Quotations last 14 days unless withdrawn or stock depletes earlier.
2.3. Prices exclude VAT and delivery costs unless stated otherwise in writing. You cover delivery costs unless agreed differently.
2.4. Quotations may be corrected for honest errors, subject to law.
2.5. You confirm Tax Invoices match your order and, post-delivery, that Goods meet quality and quantity expectations, free of defects, unless contested immediately.
This ties you to invoice details and curbs late claims. Check orders and Goods on receipt.
03. Storage
3.1. At your request, TECHNICLAD may store Goods (“Stored Goods”) at our premises for a reasonable time (“Storage Period”), available for collection or delivery (per Clause 4) at its end.
3.2. We may charge reasonable Storage Fees (plus VAT), invoiced at our discretion before release or collection, payable on invoice issue.
3.3. We can withhold Stored Goods until all dues (e.g., Storage Fees) are settled.
3.4. You pledge Stored Goods to TECHNICLAD as security for all debts under this Agreement. On your breach, we may sell Stored Goods to recover amounts owed, subject to law, without notice or court order.
This lets us sell Stored Goods if you default, risking your ownership.
3.5. Risk in Stored Goods shifts to you on the Sale Date and stays with you during storage until collected or released, subject to Clause 3.6.
You carry risk of loss during storage, reducing our liability.
3.6. While holding Stored Goods, we won’t claim ownership and will handle them with reasonable care.
04. Delivery
4.1. If you request delivery and we agree, the Tax Invoice will list Goods, charges, address, and an estimated delivery date (“Requested Delivery Date”). Accepting it confirms these details.
4.2. We may appoint a third-party courier to deliver Goods on reasonable terms.
4.3. We’ll manage Delivery Goods with care until handed to the courier.
4.4. You take full risk and indemnify TECHNICLAD against delivery-related losses or claims, subject to Clause 4.3 and law.
You’re liable for delivery issues post-handover, limiting our responsibility.
4.5. Delivery is to ground floor only.
4.6. A signed delivery note proves delivery unless disproved.
4.7. Delivery Charges (plus VAT) are due on the Sale Date per Clause 6.
4.8. The Requested Delivery Date is an estimate, not binding, and we don’t guarantee timing, subject to law.
This curbs delay claims—plan with flexibility.
05. Returns
5.1. Per the CPA, you may return defective Goods within 30 days at our cost (Sections 55-56), subject to law. Invalid returns may be rejected or charged per Clause 5.3.
5.2. Beyond CPA rights, you may return unused Goods in original condition within 30 days at your cost, subject to a Return Fee.
5.3. Return Fees cover costs (e.g., handling) up to 10% of the purchase price (excluding VAT), due on invoice.
5.4. No returns post-use/installation unless required by law. You must follow installation guides—failure voids our liability, subject to law.
This limits returns after use and shifts installation risks to you. Check Goods and guides beforehand.
06. Price and Payment
6.1. Tax Invoice amounts are payable:
6.1.1. For Credit Approved Customers, within 30 days of invoice month-end per the Credit Agreement.
6.1.2. Otherwise, before Goods release/delivery.
6.2. Penalties under the Conventional Penalties Act, 15 of 1962, allow damages over penalties if fair, subject to law.
6.3. You’ll pay costs from your delays or changes at our current rates, subject to law.
Late payments or disruptions raise your costs—pay promptly and coordinate changes.
07. Risk and Ownership
7.1. Risk passes to you on Goods dispatch or readiness if you fail to collect, subject to law.
7.2. Ownership stays with TECHNICLAD until full payment. Until then, you can’t sell, encumber, or hide our rights in the Goods.
You bear risk before ownership—pay fully to claim title.
08. Personal Information
8.1. We process your personal information per our Privacy Policy (www.techniclad.co.za/privacy), incorporated here, to which you consent.
8.2. Processing supports sales, service, and marketing (with consent). See the Privacy Policy for details and your POPIA rights.
You agree to data use—check our Privacy Policy for safeguards.
09. Default and Termination
9.1. Default occurs if you:
9.1.1. Miss payment, unremedied within 3 days of notice.
9.1.2. Commit insolvency acts (Insolvency Act, 24 of 1936), unremedied within 5 days.
9.1.3. Face asset attachment, unremedied within 5 days.
9.1.4. Stop business, compromise creditors, or enter liquidation/business rescue.
9.2. On default, we may cancel this Agreement and demand immediate payment, subject to law.
9.3. Either party may terminate for material breach unremedied within 30 days of notice, though your rights may limit to damages, per law.
9.4. Pre-delivery termination is allowed for force majeure (e.g., floods, strikes) without liability, subject to law.
10. Limitation of Liability
10.1. As a natural product, colour/size variations in Goods may occur, subject to law.
10.2. Our liability caps at a purchase price refund and excludes indirect losses (e.g., lost profits), subject to law.
10.3. This applies to our agents too, accepted on their behalf.
10.4. We’re not liable for innocent/negligent misrepresentations, subject to law.
10.5. Implied warranties on Goods fitness are excluded, subject to law.
10.6. You indemnify TECHNICLAD against claims from your undertakings or Goods use, subject to law.
This limits our liability and shifts risks to you—inspect Goods and use them wisely.
11. General
11.1. Invalid clauses don’t void the Agreement.
11.2. South African law governs this Agreement.
11.3. Disputes go to arbitration in Johannesburg under AFSA rules, subject to law, with urgent relief via courts (Gauteng Local Division, Johannesburg).
11.4. The successful party recovers full legal costs, subject to law.
11.5. This is the full Agreement—only written, signed changes count.
11.6. Indulgences don’t waive rights.
11.7. Domicilium addresses are: TECHNICLAD at [Insert Address]; you at your Tax Invoice address. Notices by registered post are deemed received on the 10th business day.
12. Consumer Laws
12.1. If regulated by the CPA, ECTA, or other mandatory laws (“Consumer Laws”), this Agreement complies fully, overriding conflicting terms as needed.
12.2. We don’t limit liability or your rights beyond what Consumer Laws allow.
