Terms and Conditions

  1. No order placed by the Applicant Shall become binding upon Tile Magic (Pty) Ltd (“the Company”) until it has been accepted by a duly authorized representative of the COMPANY at the COMPANY’S head office which deemed to be the place at which all contracts are concluded.  It shall not be necessary for the COMPANY to give formal notice of any Order to the Applicant.
  2. No terms or conditions appearing in any of the Applicant’s documents, including the Applicant’s buying order, which are at variance with these terms and conditions shall be binding upon the COMPANY.
  3. The Applicant acknowledges that any sales representative taking an Order from the Applicant does not have the authority to bind the COMPANY and that no representation, warranties or any other statements made or given by any employee of the COMPANY shall be binding on the COMPANY unless given in writing under the signature of duly authorized representative of the COMPANY.
  4. These terms and conditions together with those contained on the face hereof shall apply to all contracts of sale entered into between the parties and no variations thereof, including this Clause, shall be binding upon the COMPANY.
  5. Prices quoted by the COMPANY are the COMPANY’S current prices which is a guideline only. THE PRICES PAYABLE BY THE APPLICANT WILL BE THE COMPANY’S PRICE RULING AT THE DATE OF DISPATCH, (14 days to be allowed for delivery). PLEASE NOTE: WITH ANNUAL INCREASE, ORDERS PLACED ON THE OLD PRICE SHOULD BE PLACED AT LEAST 14 DAYS PRIOR TO THE END OF THE MONTH TO ENSURE DELIVERY ON THE OLD PRICE.  ORDERS PLACED AFTER THE 14 DAY PERIOD PRIOR TO THE END OF THE MONTH MIGHT BE DELIVERED IN THE NEW MONTH AND WILL BE ON THE INCREASED PRICE. We will however endeavor to deliver all orders before the new month as far as possible.
  6. Prices are net and are not subject to discount unless a discount has been agreed upon in writing.
  7. Payment shall be made to the COMPANY within (30) thirty days of the date of the COMPANY’S statement.
  8. Payment may not be withheld pending the settlement of any dispute.
  9. The COMPANY does not guarantee delivery on the date specified in any client order by any client but will endeavor to give delivery on the requested date. Late delivery shall not invalidate any contract of sale between the parties nor render the COMPANY liable for any damages whatsoever due to our delivery schedule. Clients will be notified should we experience difficulty with delivery on specific dates, where the COMPANY did commit to deliver on a specific date. 
  10. Where goods are delivered by the COMPANY’S own transport, then delivery shall be deemed to have effected once it is rendered at the agreed point of delivery and risk shall pass to the applicant at that time.  As soon as the delivery was done and signed for the COMPANY will not be held responsible for any damages to goods, should the client not take proper precautions like product standing in the rain or bags broken due to negligence by client’s staff when offloading with a forklift. Off-loading shall be the responsibility of the Applicant and at the Applicant’s own risk whether or not the Applicant requires the COMPANY employees to effect or assist in the off-loading.
  11. In cases where goods are collected by the Applicant from the COMPANY’S premises or where an independent transporter is utilized, the risk of loss or damage in and to the goods sold shall pass to the Applicant on loading thereof on the relevant driver of the vehicle.
  12. Notwithstanding anything to the contrary herein contained, ownership of goods sold to the Applicant shall remain vested in the COMPANY until the COMPANY has received payment of the full purchase price, notwithstanding that goods may have been purchased for re-sale.
  13. The COMPANY reserves the right to cancel any contract with the Applicant should fulfillment be delayed or rendered impossible by war, invasion, insurrection, riot, order of any government, municipal or civil authorities, breakdown, accidents, labour disputes or any other cause beyond the reasonable control of the COMPANY and / or the COMPANY’S suppliers.  The Applicant shall not be entitled to cancel the contract by reason of any delay in delivery howsoever caused.
  14. The COMPANY may immediately cancel any contract between it and the Applicant or any uncompleted part thereof if the Applicant:
    • commits a breach of any terms and conditions hereof or of any other contract between the COMPANY and the Applicant;
    • being an individual, dies or is provisionally or finally sequestrated or surrenders his Estate;
    • being a partnership, the partnership is terminated
    • being a company or close corporation, is placed under provisional or final order of liquidation or judicial management;
    • on any judgement being granted against the Applicant
    • compromises or attempts to compromise generally with any of the Applicant’s creditors;
  15. If any amount owned by the Applicant to the COMPANY in respect of any claim is not paid on due date then all amounts owed to the COMPANY by the Applicant shall at once become due, owing and payable.
  16. All overdue amounts owing by the Applicant to the COMPANY shall bear interest at a rate of 2% per month calculated and payable monthly in advance on the first day of each and every successive month on the balance from time to time payable by the Applicant to the COMPANY.
  17. If the COMPANY instructs its attorney to recover any claim against the Applicant and whether or not action is instituted, and without prejudice to any other rights which the COMPANY may have, the Company shall be entitled to recover from the Applicant all legal costs incurred by it, including, but without limitation to, all attorney and own client charges, tracing fees and such collection commission as the Company is obliged to pay its attorneys.
  18. The COMPANY gives no warranties and makes no representation as to the suitability of goods sold for any specific purpose, if the suitable product was not correctly mixed and applied by an experienced or professional tiling contractor or person. Product failure due to negligence when preparing and applying of the product by the person utilizing the product will not be the responsibility of the COMPANY.
  19. The COMPANY shall be exempted from and shall not be liable under any circumstances whatsoever for:
    • Any direct or consequential damages of any nature whatsoever, however arising, including any loss of profit which the Applicant may suffer as a result of any breach or cancellation by the COMPANY of any of its obligations.
    • Any negligence on the part of the COMPANY or that of its servants or agents in carrying out any of their obligations in terms of any agreement between the parties;
    • And the COMPANY’S liability in respect of any claim based on defective goods, is limited to replacing such goods as against the return to it of the goods in question.
  20. No indulgence or relaxation of rights granted by the COMPANY shall be prejudicial to or constitute a waiver of any of the COMPANY’S rights under this agreement or at law and any waiver of rights by the COMPANY shall not be construed as such unless such waiver is reduced to writing and signed by the COMPANY.
  21. The Applicant hereby consents to the jurisdiction of the Magistrates’ Court notwithstanding that the amount claimed may otherwise be beyond jurisdiction. This Clause shall be deemed to constitute the required written consent conferring jurisdiction upon the said Court pursuant to Section 45 of Act 32 of 1994 as amended, provided, however, that the COMPANY shall have the right at its sole option and discretion to institute proceedings in any other competent Court in respect of any claim which, but for the a foregoing, would exceed the jurisdiction of the Magistrate’s Court.
  22. A Certificate signed by Management of the COMPANY reflecting particulars of the amount owing by an Applicant to the COMPANY shall be prima facie proof of the amount due and payable by the Applicant for the purposes of any legal action.
  23. The Applicant chooses its domicillium citandi et executandi for all purposes under this agreement at the address reflected in the CREDIT APPLICATION FORM which forms the first page of this agreement.

Credit facilities allowed by the COMPANY are in the COMPANY’S discretion and the company is entitled without notice to the Applicant, at any time to vary, curtail or terminate such facilities.