1. INTRODUCTION

•  Thank you for choosing Athalia Tiles and Décor for your home decoration needs! We are sure you will find our products and services to be excellent. For the sake of complete certainty and your peace of mind, please ensure you familiarise yourself with these terms and conditions.
•  This document is your offer to us to enter into an agreement, in which we will supply goods and render services to you.

2. INSTALLATION

• By installing or allowing the goods to be installed, you hereby accept that you have had the opportunity to inspect the goods and that you accept their condition.
• Please note that tiles have shade variations and if they are bought at a separate time periods please sure to check the shade with your Sales Representative as it must be stated on your invoice.
• You must ensure that colour, shades, size and quality are acceptable before affixing the tiles or cutting the slabs. Athalia shall not be liable any claims whatsoever for tiles/slabs which have already been affixed/cut.
• All 2nd grade goods purchased or goods purchased as “specials” or at a Clearance Sale are purchased voetstoots, and you waive any claim in respect of the condition or appropriateness of such goods.

3. SPECIALLY ORDERED GOODS

• No refunds shall be claimable in respect of Specially Ordered Goods.
• Athalia shall at its sole discretion be entitled to take possession of any goods which have been returned for credit, in which event the purchaser shall be entitled to a credit in respect of the goods so returned at the price at which they were sold or the value thereof as determined by us, and subject to 15% or such handling fees as may be applicable.
• We reserve the right not to accept goods returned for credit. Goods returned for credit must be returned within 30 days of purchase and accompanied with the original invoice, accompanied by the original purchase slip, cashier signed & stamped.
• No credit will be allowed on goods made or ordered specially to purchaser’s requirements. These include but are not limited to, nonstock items and Random Polished Slabs once they have been cut.

4. PAYMENT FOR OUR GOODS AND SERVICES

• For our goods (unless they form part of the services below), you agree to pay us the full cost of the goods upfront before such goods are ordered or delivered to you.
• The price of goods sold to the purchaser is strictly net and not subject to any discounts unless otherwise agreed to in writing. In the event that a discount is agreed to in writing it shall only be allowed if payment is received by Athalia strictly by the due date and shall only apply to the actual price of the goods themselves and not to any value added tax, transport costs, insurance storage charges or other duties or taxes.
• All payments are to be made without deduction of any kind and will be free of exchange, bank costs and other charges and will be paid at the address reflected on the face hereof, or such other address as Athalia may elect from time to time in writing.
• The purchaser will be responsible for all Attorney’s fees together with collection charges, should legal action be required in order to recover any monies due.

5. RETURNS & EXCHANGES

• No refunds shall be claimable in respect of Specially Ordered Goods.
• Athalia shall at its sole discretion be entitled to take possession of any goods which have been returned for credit, in which event the purchaser shall be entitled to a credit in respect of the goods so returned at the price at which they were sold or the value thereof as determined by us, and subject to 15% or such handling fees as may be applicable.
• We reserve the right not to accept goods returned for credit. Goods returned for credit must be returned within 30 days of purchase and accompanied with the original invoice, accompanied by the original purchase slip, cashier signed & stamped.
• No credit will be allowed on goods made or ordered specially to purchaser’s requirements. These include but are not limited to, nonstock items and Random Polished Slabs once they have been cut.
• No claims for refunds/exchanges will be entertained once tiles are installed.
• All items that is to be returned by the customer must be returned at the Centurion Warehouse provided that we have the same shade in stock.
• Please note that tiles have shade variations and if they are bought at a separate time periods please sure to check the shade with your Sales Representative as it must be stated on your invoice.
• There will be no refunds on deposits.
• Please note that all bathroom fixtures (which includes, taps, shower screens, etc.), are to be installed by certified installers. These items will not be applicable for return/exchanges once the boxes are open.
• Please note that any items purchased in a combo will not be accepted for return unless the complete combo is returned. This is due to issues of re-stocking of combos.
• All discounts rewarded at time of sale will become null and void and will be owing to Athalia if the customer makes request to only return part of the order

6. TRANSFER OF RISK AND OWNERSHIP (DELIVERIES)

• Risk in any physical goods delivered to you or installed for you transfers upon arrival of the goods at the vehicle entrance gate of such premises.
• We accept no responsibility whatsoever for any damage caused if required to load or offload on private property.
• Ownership of any such goods above shall vest in us until such goods purchased have been paid for in full. We shall be entitled to remove goods delivered to you, at your cost, if payment to us is not made. In such case, you agree to indemnify us from all claims arising herefrom.
• Ownership of all goods and services leased from us vests in us at all times.
• You agree to be liable for the cost of repairs to, or replacement of, any goods or services lost or damaged, at our sole discretion.
• Orders are accepted by Athalia subject to stock availability and we accept no liability in respect of any delays in delivery of the goods ordered. We reserve the right to deliver goods in two or more instalments and further reserve the right to withhold supplies in the event of any breach of any of these terms and conditions for any reason which we consider warrants such actions.
• Delivery shall be completed when the goods are off-loaded at its destination by Athalia or when the goods are loaded by the purchaser, alternatively a courier engaged to transport the goods to and/or on behalf of the purchaser.
• Notwithstanding the aforesaid of any term in this agreement, delivery shall be deemed completed against signature of Athalia delivery note by the purchaser or any representative of the purchaser.
• In the event that a courier is engaged on behalf of the purchaser, it is accepted and agreed that the courier acted as agent for the purchaser.
• Athalia shall not be liable under any circumstances for any complaint or claim for any alleged shortage in delivery or defect in the goods unless written notice is received by us within 24 hours after delivery of the goods to the purchaser.
• Please take note that with regards to deliveries, goods will be offloaded to the point closest to the delivery vehicle.
• Off-loaders will not walk up-stairs or walk long distances.
• If there are any stairs or long distances for them to offload it must be stated to your Sales Representative and it should be clear on your invoice so that we can arrange more off-loaders to assist at an extra cost that will be charged on the invoice.

7. CESSION AND DELEGATION

• You may not sell, cede, assign, delegate or in any other way alienate or dispose of any of your rights and obligations in terms of this Agreement without our prior express written approval. We shall be entitled to sell, cede, assign, delegate, alienate, dispose of or transfer any or all of our rights and obligations in terms of this Agreement to any third party without your consent, and without notice to you.

8. AMENDMENT OF THE AGREEMENT

• We reserve the right to amend our terms and conditions, prices and other policy documents from time to time on written notice to you, or by publishing any new version of the Agreement on our Website.
• Any new version of this Agreement published on our website will become effective 30 days after the date on which it is first published. It is your obligation to visit our Website on a regular basis in order to determine whether any amendments have been made.
• Any change in terms of this clause does not cancel your agreement with us.
• You may not change any provisions of this Agreement

9. YOUR CONSENTS

• Please note that, in this age, every business uses customer information, and your consent in terms of the Protection of Personal Information Act (“POPI”) is therefore required. You therefore consent to our use and processing of your personal information in terms of POPI.
• You further consent that we may obtain credit reports on you from the credit bureaus.
• The Surety named in this and all other agreements with us, signs as surety and co-principal debtor for the due fulfilment of your obligations to Athalia.

10. WARRANTIES

• You warrant that all the information furnished to us by you or on your behalf is correct, and that you shall forthwith notify us in writing of any changes in this information.
• You warrant that you will regularly check our website for any changes to our terms and conditions or other policies, and that you will not use the Services if you do not agree to the most recent version of our terms and conditions.
• You warrant that you are not commercially insolvent, that your assets exceeds your liabilities, that credit, if any, granted by us has not in any manner or form been extended recklessly, and that you are not over-indebted.
• All natural persons contracting with Athalia on behalf of a juristic person warrant that they are duly authorised to do so, and acknowledge that, in the event that they were not authorised to do so, then they shall be held jointly and severally liable for all amounts due to Athalia by the juristic person.

11. INDEMNITY AND LIMITATION OF LIABILITY

• Although we strive to provide excellent goods and services to you at all times, sometimes delays occur. The Service is provided “as is”. We
  therefore do not guarantee that the Services will be always be safe, free of errors or interruptions, or that they will conform to your delivery timeline requirements.
• Our liability to you for any reason is limited to the full extent permitted by law. You agree to indemnify us for any lost profits, revenues, information or data; consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to this Agreement.
• We (including any third party for which we are responsible) will not be responsible for any loss resulting from, inter alia: any circumstances beyond our control, cybercrime, mistakes, omissions, uncontrollable natural forces in operation, strikes or labour disputes, riot, civil commotion or unrest, any type of restriction imposed (or action taken) by a government or statutory authority or any other third party; any Service interruption, delay, power cuts, failure or malfunction in any equipment, electronic data terminal, network or other system.
• To the fullest extent permitted by law, we also disclaim all warranties be they explicit or implied, including but not limited to implied warranties of fitness for a particular purpose, title, and noninfringement.
• Our liability to you shall be limited to an amount equivalent to the proportionate value you paid for the Services, during the month in which such liability arises.

12. CANCELLATION AND TERMINATION

• You may not cede or transfer any of your rights or obligations (duties) in this Agreement without our prior written consent.
• Notwithstanding termination of this agreement, you shall be liable to pay for all good and services provided.

13. BREACH

• Should either Party commit a breach of any provisions of this agreement and fail to remedy such breach within 5 days of receiving written notice from the aggrieved Party requiring it to remedy the breach, then the aggrieved Party shall be entitled, without prejudice to its other rights in law, to cancel this agreement or to claim specific performance without prejudice to its right to claim damages.
• If you fail to pay any amount under this agreement on due date, then we shall be entitled without prejudice to any of our rights to suspend the Services in whole or in part.
• Notwithstanding anything to the contrary in this Agreement, Athalia shall be entitled to cancel this Agreement forthwith, without notice and without prejudice to any other rights as to damages or specific performance or otherwise which it may have at law if the Customer: is provisionally or finally sequestrated, compromises or attempts to compromise with any creditor, commits any act of insolvency, or misrepresents or conceals any fact or matter concerning or incidental to this Agreement

14. DEFINITIONS

• “Agreement” – These terms and conditions as read together with the schedule of the face hereof;
• “Day” means a calendar day;
• “Juristic Person” means a company or close corporation and includes a body corporate, partnership, association or trust;
• “Athalia”, “we”, “us” and “our” means Athalia Tiles and Décor, Registration Number 2014/085209/07;
• “Centurion Warehouse” means our business premises at One Highveld, Shop B002, 5 Bellingham Street, Highveld, Centurion.
• “Off-loaders” means people other than the driver that Athalia has designated to be on the delivery vehicle to remove items from the delivery vehicle onto the customers premises as approved by Athalia.
• “Services” – means the services we provide to you, including but not limited to delivery and installation;
• “You” or “your” or “Customer” means the person whose details appear on the face hereof, and includes the Surety;
• “Surety” means the natural person who signs surety for the person contracting with us;
• “Website” means www.athaliatad.co.za;
• “Written notice/in writing” means notification in any tangible or electronic or printed form including email messages.
• “Uncontrollable Event” means (including without limitation) any fire, flood, earthquake, elements of nature or acts of God, riots, civil disorders, rebellions or revolutions in any country or any other cause beyond the reasonable control of Athalia including the termination or suspension of a service or product provided by a third party suppliers, that may result in a delay or a failure to provide any product or service; and

15. INTERPRETATION

• The headings of the paragraphs are for the purposes of convenience and reference only and shall not be used in the interpretation of nor modify nor amplify the terms of this agreement or any paragraph hereof.
• Unless a contrary intention clearly appears, words importing – any one gender include the other gender;
• the singular includes the plural and vice versa; and
• natural persons include created entities (corporate or unincorporated) and the State and vice versa.
• Unless the context clearly indicates otherwise, the terms defined herein shall throughout this agreement have the meanings assigned to them, and cognate expressions shall have corresponding meanings. If any provision in a definition is a substantive provision conferring rights or imposing obligations on any Party, effect shall be given to it as if it were a substantive provision of this agreement.
• Where any term is defined within the context of any particular paragraph in this agreement, the term so defined, unless it is clear from the paragraph in question that the term so defined has limited application to the relevant paragraph, shall bear the same meaning as ascribed to it for all purposes in terms of this agreement.
• A reference to “this/the agreement” includes all Annexures and Schedules. Except where the contrary is indicated, any reference in this agreement to this agreement or any other document shall be construed as a reference to this agreement or the relevant document as amended, varied, novated or supplemented.
• Any reference in this agreement to “date of signature” shall be read as meaning a reference to the date of the last signature to this agreement.
• The use of the word “including”, “include” or any derivative thereof followed by a specific example or examples shall not be construed as limiting the meaning of the general wording preceding it.
• When any number of days are prescribed in this agreement, same shall be reckoned exclusively of the first and inclusively of the last day unless the last day falls on a Saturday, Sunday or public holiday, in which case the last day shall be the next succeeding day which is not a Saturday, Sunday or public holiday.
• Where figures are referred to in numerals and in words, if there is any conflict between the two, the words shall prevail unless the context clearly indicates otherwise.
• A reference to any legislation or legislative provision includes any statutory modification or re-enactment of, or legislative provision

16. GENERAL

• The Parties choose their respective domicilium citandi et executandi for all purposes in connection with this agreement at the physical addresses and email addresses set forth on the face hereof.
• The agreement constitutes the entire agreement between the parties in regards to the subject matter thereof. Neither party shall be bound by any representation, express nor implied term, promise or the like not recorded herein or reduced to writing and signed by the parties or their representatives. No addition or variation of this agreement shall be of any force or effect unless in writing and signed by or on behalf of the parties.
• No indulgence that we may grant to you shall constitute a waiver of any of our rights.
• South African law shall apply to this Agreement.
• Should any provision of this agreement, or part thereof, be invalid, then it shall be severable from the rest of the agreement, without invalidating the rest of this agreement.
• The parties consent to the jurisdiction of the Magistrate’s Court in terms of section 28 of the Magistrates Court Act 32 of 1944,
  notwithstanding that any amount in dispute may exceed the monetary jurisdiction of said court; and provided that Athalia shall be entitled to elect to proceed in the High Court at its sole discretion.
• In the event that Athalia institutes legal action in terms of this agreement, you agrees to be liable for Athalia’s legal costs on the attorney-and-own-client scale.
• Neither party shall be bound by any express or implied term, representation, warranty, promise or the like not recorded herein.
• No addition to, variation, or agreed cancellation of this agreement shall be of any force or effect unless in writing and signed by or on behalf of the parties.
• The relevant Product/Service Specific Terms will apply if there is any conflict between them and the Terms in this agreement.
• If Athalia is prevented or restricted directly or indirectly from carrying out all or any of its obligations under this agreement due to any reason or cause beyond their control of Athalia or by reason or force majeure, Athalia shall be relieved of their obligations in terms of this agreement during such period.