Terms & Conditions

GENERAL TERMS AND CONDITIONS

The quotation is valid for thirty calendar days.
Installations will only occur between 09h00 and 17h00 Mondays to Thursdays and between 09h00 and 15h00 on Fridays. Special arrangements can however be made, and an overtime rate will be charged.
Where proofs, plans, drawings, samples, documentation or specifications of the finished product are submitted to the Customer for approval, Nuwave Industries cc T/A Nuwave Design and Business Furniture (hereinafter referred to as “Nuwave”) will be entitled to rely on such approval by the Customer and the Customer will have no claim against Nuwave for errors thereafter.
Once the Customer has ordered the goods no reduction in quantities or amendments of orders will be accepted unless agreed to by both parties in writing.
The Customer will ensure that the delivery and/or installation site will be free from obstacles and obstructions howsoever arising, in order to enable Nuwave to effect such delivery or installation unimpeded. The Customer warrants that full access, working elevators and electrical power will be provided at its sole cost at the delivery / installation site. Nothing will be uninstalled, moved, removed or reinstalled by Nuwave staff or subcontractors unless accommodated by the customer.
Should the delivery address supplied by the Customer not be fit to allow for the effective delivery or installation, Nuwave will be entitled to charge additional delivery fees, storage fees and to recoup any other costs that may be incurred by the delay from the Customer.
Should the customer delay or refuse to take delivery as agreed, Nuwave reserves the right to invoice the Customer as if the goods were delivered and payment shall be effected within 7 days from date of invoice. Nuwave shall further be entitled to charge the Customer for storage fees for every day in which the delivery is not effected through the delay of the Customer.
Nuwave shall in its sole discretion determine whether to accept any cancellations or returns. Should Nuwave accept any cancellation or return, Nuwave reserves the right to charge a cancellation fee of no less than 25% (twenty-five per centum) of the Contract Price and to recover any damages it may suffer should the Customer cancel the order at any time. Nuwave specifically confirms that it will accept no returns on custom-made goods for any reasons whatsoever.
No claim shall be entertained by Nuwave in relation to any order or goods, unless the claim is made in writing and submitted to Nuwave within 5 (five) days of delivery of the Goods/services to the Client.
Nuwave shall have the right in its sole discretion to suspend deliveries to the Customer in the event of non-payment or for any other reason or to insist on prepayment of the goods to be supplied.
Nuwave, in the interests of product development, reserves the rights to change designs and/or specifications without any notice.
Irrespective of any estimated date which may have been stipulated for delivery of the goods or services, the Customer accepts that possible delays may occur and that any consequent failure to deliver the goods and services on any specified date shall not entitle the Customer to cancel the order or any part thereof or to invoke a claim for any damages or loss that may be suffered by the Customer.
The representative of the Customer who signs the contract, warrants that he/she is duly authorised to act on behalf of the Customer, and that he will ensure the contract terms and conditions, as well as payment are fulfilled.
For final measurements to be done; all plaster work on installation walls must have been completed.
A five working day notice must be given in the event of any adjustment to the installation date. Alternatively, Nuwave will set the next available date for installation.
The client understands that dimensions given on sketches can vary slightly due to on site measurement changes. If the client should have any specific dimension requirements for any specific product, the client must inform Nuwave of these requirements on signing of the quote.
The client is requested to be available on site at day end of the commission completion. This will enable them to sign off the commission and possibly note any dissatisfaction.
Extras added by the client after completion and approval of quote have to be seen as such. Additions will be treated as a separate project and bear no impact on completion dates or payments on prior agreed upon commissions. Changes made to projects will have to be paid in full by the client before further commencement of the project. All communication on these has to be done in writing. Nuwave Industries cc T/A Nuwave Design | Business Furniture will not be penalized for any delays arising from the above.
Nuwave and any of its staff or subcontractors will not be held liable for any damages caused by drilling into water supply piping and/or electrical circuit/wiring that are inside walls whilst installing as per agreed layouts, unless such plumbing and electrical installations were clearly marked/pointed out to a Nuwave director.
Nuwave reserves the right to firstly repair faulty items and secondly replace. Nuwave will not be held liable for products that suffer abuse and normal wear and tear.
Nuwave shall under no circumstances be responsible for any consequential loss or damage or loss of profits which the Customer may suffer by reason of Nuwave’s failure to carry out any of its obligations to the Customer resulting from the services rendered by Nuwave or from the use of the goods supplied by Nuwave.
The Customer indemnifies and holds Nuwave [including its employees, subcontractors, or subsidiaries] harmless against all claims of whatsoever nature that may be brought or threatened against Nuwave or its employees by any third party arising from or in connection with any defect in any goods supplied by Nuwave.
This contract represents the entire agreement between Nuwave and the Customer and shall govern all future contractual relationships between Nuwave and the Customer and shall also be applicable to all debts which the Customer may owe to Nuwave prior to the Customer’s signature hereto.
No amendment and/or alteration and/or variation and/or deletion and/or addition and/or cancellation of these terms and conditions, whether consensual or unilateral or bilateral shall be of any force and effect unless reduced to writing by a director of Nuwave.
No relaxation or indulgence which Nuwave may give at any time in regard to the carrying out of the Customer’s obligations in terms of any contract shall prejudice or be deemed to be a waiver of any of Nuwave’s rights in terms of this contract.
These terms and conditions shall further not constitute a waiver by Nuwave of any of its rights under Common Law.
These terms and conditions, their interpretation and all matters arising in any way there from shall be construed according to the laws of the Republic of South Africa.
The Customer shall not be entitled to cede or assign any of its rights or obligations in terms hereof without the prior written consent of Nuwave. Nuwave shall, however, be entitled to cede and assign its rights and/or obligations without the prior consent of the Customer.
No warranties, representations or guarantees have been made by Nuwave or on its behalf which may have induced the Customer to sign this document. Save for what is stipulated herein, Nuwave has made no other warranties or representations in respect of the goods and or services.
Each clause of these terms and conditions is severable and if any clause is found by any competent court to be defective or unenforceable for any reason whatsoever, the remaining causes shall continue to be of full force and effect.

PAYMENT

A 70% deposit and official purchase order or a signed quote is to be received from the customer as confirmation of the order being placed, upon which the commencement of the job will begin.
The final 30% payment is due within 7 days after delivery.
Payment is to be made as stipulated on the particular quotation/pro-forma invoice as issued. The Customer shall not be entitled to set off from payments due by it to Nuwave for any reason whatsoever unless agreed in writing by Nuwave.
The Customer agrees that all orders are devisable. Any part delivery made to the Customer will be invoiced proportionately and paid as per the Companies standard payment terms notwithstanding that there are outstanding goods to be delivered
Ownership, warranties and guarantees in all goods sold and delivered shall remain vested in Nuwave until the full purchase price has been paid.
Any queries by the Customer as to the current month’s statement must be reported in writing immediately to Nuwave. If not reported by the Customer in writing to Nuwave within 30 days of the date of the said statement, the said statement will be deemed to be correct in all respects and due for payment by the Customer.
The Customer hereby grants Nuwave with specific authority to verify the Customer’s credit information and payment profile.
It is Nuwave’s sole discretion to provide credit facilities and need not provide the customer with reasons for its decision.
Nuwave reserves the right to withdraw any credit facilities granted to the Customer, at any time and without prior notice to the Customer and the nature and extent of such facilities shall at all times be in Nuwave’s sole discretion.

DEFAULT OF PAYMENT AND BREACH

Should any amount owing not be paid by the Customer on due date then the whole amount in respect of all purchases by the Customer shall become due and payable. In this event interest will be charged at the compound rate of 3% above the prime overdraft lending rate of Nuwave’s bank on all overdue amounts from due date until date of payment, calculated and payable monthly in advance.
A certificate under the hand of any director or manager of Nuwave [whose authority need not be proved], in respect of any indebtedness of the Customer to Nuwave or in respect of any other fact, including but without limiting from the generality of the a foregoing, the fact that such goods were sold and delivered, shall be prima facie evidence of the Customer’s indebtedness to Nuwave and prima facie evidence of the delivery of the goods.
In the event of a breach of contract by the Customer, or if the Customer is sequestrated or placed under liquidation or judicial management or commits any act of insolvency, Nuwave shall be entitled to take possession of the goods without prejudice to any further rights vested in Nuwave and is hereby irrevocably authorised to enter upon the Customer’s premises to take delivery of such goods without a Court order.
In the event of the Customer breaching any of its obligations and/or failing to timeously make payment of any amount to Nuwave, the Customer agrees to pay, and shall be liable to pay, all legal costs incurred by Nuwave on the attorney and own client scale including but not limited to collection charges, tracing agent’s fees.
Nuwave shall, at its discretion and notwithstanding that the amount of its claim or the nature of the relief sought by it exceeds the jurisdiction of the Magistrate’s Court, be entitled to institute action out of such Court.
The Customer’s address referred to on the front of this document shall be recognized as the Customer’s domicilium citandi et executandi [domicilium] for all purposes in terms of this agreement, whether in respect of the serving of any court process, notices, or communications of whatever nature.
Notwithstanding delivery to the client, Nuwave remains the owner of the goods until all monies have been paid in full. The client agrees that the goods remain movable and removable and do not accede to the property.