Last updated: September 2021
These general terms and conditions of sale (“CONDITIONS OF SALE”) govern the offering, sale and delivery of all the goods and/or provision of all services (hereinafter jointly referred to as “THE GOODS”) from or on behalf of Blind Guys.
1. Terms and Conditions
1.1 BLIND GUYS shall not be bound by any terms and conditions of purchase of the Customer.Failure by BLIND GUYS to object to any terms and conditions of purchase set by the Customer shall in no event be construed as an acceptance of any terms and conditions of purchase of the Customer. Neither BLIND GUYS commencement of performance nor BLIND GUYS delivery of the Goods shall be deemed or constituted as acceptance of any of the Customer’s terms and conditions of purchase.
1.2 These Conditions of Sale may only be varied or waived by a duly executed written agreement between BLIND GUYS and the Customer. Save for any special terms set out in BLIND GUYS quotation or in any warranty, user and care instruction card which may be supplied with the Goods, where the Customer seeks to rely on any document purporting to contain any term or condition which is in conflict with these Conditions of Sale then such conflicting provisions shall not apply to the parties, unless the document specifically refers to these Conditions of Sale and specifically records that these Conditions of Sale are being varied.
1.3 BLIND GUYS shall notify the Customer of any proposed amendments to these Conditions of Sale. The amended Conditions of Sale shall apply to transactions between BLIND GUYS and the Customer concluded after acceptance thereof by the Customer as envisaged in clause
2. Quotations and Orders
2.1 BLIND GUYS shall prepare a quotation for the supply and/or installation of special order goods (“quotation”) containing inter alia details and specifications relating to the Goods to be supplied to the Customer together with any accessories including, but not limited to the quantity, price, terms for payment, delivery and installation requirements (if applicable) and special instructions.
2.2 Unless expressly stated to the contrary by BLIND GUYS, quotations issued by BLIND GUYS in whatever form, will be valid for a period of 14 (fourteen) days from the date of issue thereof. BLIND GUYS shall be entitled to amend a quotation and/or refuse to accept an order placed after the aforesaid period without any obligation to furnish reasons therefore to the Customer.
2.3 Orders must be placed by the Customer by indicating its acceptance of the terms of the quotation and these Conditions of Sale by signing the quotation and these Conditions of Sale in the space provided therefore and handing, faxing or emailing the duly signed the quotation form and Conditions of Sale directly to the person specified therein. The Customer explicitly acknowledges that he/she understands the conditions of the quotation / order and that all abbreviations contained therein are understood.
2.4 Orders will become binding on BLIND GUYS only upon receipt of a signed acceptance of quotation and Terms and Conditions of Sale and once a confirmation of order is issued to the Customer.
2.5 The confirmation of any order may be subject to prior credit approval by BLIND GUYS and for this purpose the Customer acknowledges and agrees that BLIND GUYS may use the service of a credit bureau to obtain a consumer and/or creditworthiness rating and / or other relevant credit information.
3. Price and Discounts
3.1 The Goods are sold by BLIND GUYS to the Customer at the price stated in the quotation. The price is inclusive of Value Added Tax, delivery and installation (if applicable). All other customs, duties and taxes payable in respect of the Goods shall be paid by the Customer including, without prejudice to the generality of the a foregoing, demurrage, surcharges over and above the normal or Value Added Tax.
3.2 BLIND GUYS may allow discounts as specifically agreed upon provided that such discounts shall not be allowed on any Goods where payment is overdue.
4. Delivery, Installation, Risk and Ownership
4.1 The Customer acknowledges that the time for delivery and / or installation of the Goods is dependent upon the availability of component goods / materials, production scheduling / capacity and is subject to installers work schedules. Accordingly, any delivery and / or installation date specified in the quotation is an estimate only and BLIND GUYS shall not be bound by that date but will make reasonable efforts to deliver and / or install the Goods by that date. If no delivery and / or installation date is stipulated in the quotation, then BLIND GUYS will deliver and / or install the goods as soon as it can conveniently do so. The customer shall not have any claim of any nature whatsoever against BLIND GUYS arising from late delivery and / or installation.
4.2 In the absence of an agreement to the contrary the Goods will be delivered in BLIND GUYS standard packaging. The cost of any special packaging requested by the Customer and agreed to by BLIND GUYS shall be determined by BLIND GUYS when issuing the quotation and will be added to and form part of the price.
4.3 Regardless of whether the Goods are installed by BLIND GUYS or by the Customer itself, risk in and to the Goods will pass to the Customer on delivery at the premises nominated by the Customer. If the Goods are sold by the Customer to a third party who will be performing the installation themselves and are being transported by the Customer or the third party to a destination, then delivery shall be deemed to have taken place and risk in and to the Goods will pass to the Customer or the third party at the place of dispatch from BLIND GUYS thereof.
4.4 Unless the Customer has requested an opportunity to inspect the Goods as provided for in clause 4.6, he must accept delivery at the agreed premises when delivery is tendered by BLIND GUYS, failing which:
(a) risk in and to the Goods shall immediately pass to the Customer; and
(b) the Customer shall be liable for the reasonable storage costs of the Goods.
4.5 Ownership in the Goods shall pass to the Customer only when all amounts due by the Customer to BLIND GUYS have been paid, notwithstanding delivery of the Goods and / or the fact that the Goods have been installed in any building or structure.
4.6 When delivery is tendered by BLIND GUYS the Customer may request a reasonable opportunity to inspect the Goods to ensure that they are of type and quality contemplated when placing the order and / or comply in all material respects with the description and / or sample and / or reasonably conform to the material specifications stated in the quotation / order. If the Customer rejects delivery because the Goods do not comply with any of the requirements aforesaid, he must notify BLIND GUYS before the Goods are installed, failing which he will be deemed to have accepted delivery once the Goods are installed. The customer’s attention is drawn to the provisions of section 20(3) (b) of the consumer protection act no 68 of 2008 which provides that if after having been supplied to the customer, the goods have been permanently installed, affixed, attached, joined or added to or embedded within other property or goods, the customer shall have no right of return and refund. The customer must accordingly either inspect the goods prior to delivery, alternatively be present when the goods are delivered in order to examine them and ensure that they are acceptable prior to installation.
4.7 Any electrical power required for installation of the Goods shall be provided by the Customer to BLIND GUYS on request therefore and free of charge. BLIND GUYS shall in no way be liable in the event that the electrical power required to install the Goods, does not conform to Municipal Regulations.
4.8 If whilst installing the Goods, BLIND GUYS in its sole and absolute discretion considers that the building or structure into which the Goods are being installed or any portion thereof is not suitable for such installation whether by reason of inferior timber, plaster or brickwork or for any reason whatsoever, BLIND GUYS may call upon the Customer to remedy the position at the latter’s sole cost and expense. The customer shall not have any claim of any nature whatsoever against. BLIND GUYS and the customer hereby indemnifies and holds BLIND GUYS harmless against all any claims which may be made against it arising out of any failure in the goods or defect therein or defective installation thereof attributable to any defect in the building or structure into which the goods are being installed or any portion thereof or as a result of a defect in the work carried out in relation thereto by the customer in terms of this clause 4.8.
4.9 Where the Goods are installed by the Customer itself or sold by the Customer to a third party for installation, the Customer shall be responsible for ensuring that the installation is carried out by properly trained workmen. The customer shall not have any claim of any nature whatsoever against BLIND GUYS arising from defective installation of the goods and the customer hereby indemnifies and holds BLIND GUYS harmless against all any claims which may be made against it arising out of the defective installation of the goods as provided for in this clause 4.9.
4.10 After delivery and / or installation the Customer shall indicate its acceptance of the Goods by signing the invoice in the space provided therefore and handing it to the deliverer / installer or by faxing or emailing it directly to the person specified therein within 3 (three) business days of delivery and/or installation. In the absence of receipt of the duly signed completion certificate within 3 days, the Customer will be deemed to have accepted the goods and / or the installation as being in good order and/or satisfactorily installed.
5.1 Unless otherwise agreed in writing, a deposit is required on placement of order and the balance to be paid prior to installation or delivery, whichever is applicable, provided that:-
(a) where the terms of payment are cash against delivery BLIND GUYS may postpone dispatch of the Goods until it receives payment; and / or
(b) if the Customer delays or postpones installation, then payment shall be made on the expiry of a period of 3 (three) days from the date upon which the Customer is informed that the Goods are ready for delivery and installation.
5.2 A failure by the Customer to pay any amount on the due date for payment will result in all amounts due by the Customer to BLIND GUYS becoming immediately due and payable and the Customer shall then be deemed to be in mora. Interest shall accrue thereupon at the rate prescribed in the Prescribed Rate of Interest Act, 55 of 1975 in respect of any amounts not paid on the due date. Any discounts granted shall be deemed to be revoked; the gross amount before deduction of discount shall then be the amount due.
5.3 A certificate issued by a manager of BLIND GUYS shall be prima facie proof of the amounts outstanding by the Customer.
6.1 Should the Customer breach any of these Conditions of Sale and fail to remedy such breach within a period of 5 (five) days of written notice to do so then, BLIND GUYS shall, at its election and without prejudice to any other rights which it may have in law, have the right to:
(a) cancel the order forthwith, without further notice to the Customer, remove and repossess the Goods and recover all damages which BLIND GUYS may have suffered consequent upon such cancellation; or
(b) abide by the order and recover from the Customer payment of the balance of the price then outstanding, which shall immediately become due and payable.
6.2 The Customer agrees and acknowledges that in the event of:-
(a) the Customer suffering any civil judgement to be taken or entered against it;
(b) the Customer causing a notice of surrender of its estate to be published in terms of the Insolvency Act No. 24 of 1936 as amended;
(c) the Customer passing away;
(d) the Customer’s estate being placed under any order of provisional of final sequestration, provisional or final winding up, or provisional or final judicial management, as the case may: then BLIND GUYS shall, without detracting from any other remedies which may be available to be entitled to summarily cancel the order without notice to the Customer, and to rely on the provision of Clause 6.1 and re-possess the Goods should they not yet have been installed, or claim specific performance of all of the Customer’s obligations whether or not such obligations would otherwise then have fallen due for performance, in either event without prejudice to BLIND GUYS’s right to claim damages.
7. Returns, Warranty and Claims
7.1 After acceptance of the Goods as contemplated in Clause 4.10, the Customer shall lodge any complaints that the Goods do not reasonably conform to the material specifications stated in the quotation/order in writing to the address stated as BLIND GUYS domicilium citandi et executandi, which complaints must reach BLIND GUYS not later than 10 (ten) business days from the date of acceptance of the Goods and/or installation. Complaints will thereafter be dealt with in accordance with clause 7.5. The customer acknowledges that the goods are special order goods that have been purpose made and that after installation thereof they will have been permanently installed, affixed, attached, joined or added to or embedded within a building or structure. The customer shall not have the right to return the goods to BLIND GUYS nor receive a full refund of the price paid. BLIND GUYS liability in respect of complaints determined as valid in terms of clause 7.5 shall therefore be limited to repair or replacement of non-conforming materials or components of the goods. The customer shall not have any claim of any nature whatsoever against BLIND GUYS if the incorrect goods are installed.
7.2 Any complaints regarding defects in the Goods, shall be made in writing to the address stated as BLIND GUYS domicilium citandi et executandi, which complaint must reach BLIND GUYS not later than 10 (ten) business days in respect of any patent defect, and 7 (seven) business days from the date on which any latent defect become apparent, but in no event later than the end of the warranty period as stipulated in the warranty, user and care instruction card provided to the Customer. Complaints will thereafter be dealt with in accordance with clause 7.5. The customer acknowledges that the goods are special order goods that have been purpose made and that after installation thereof they will have been permanently installed, affixed, attached, joined or added to or embedded within the a building or structure. The customer shall not have the right to return the goods to BLIND GUYS. Save for any damage falling within the purview of section 61(5) or regulation 3(a) of the consumer protection act, no 68 of 2008, BLIND GUYS liability in respect of complaints determined as valid in terms of clause 7.5 shall therefore be limited to repair or replacement of defective materials or components of the goods.
7.3 Any complaints regarding defective installation or faulty workmanship shall be made in writing to the address stated as BLIND GUYS domicilium citandi et executandi, which complaints must reach BLIND GUYS not later than 10 (ten) business days after installation of the Goods. BLIND GUYS may be requested to either:
(a) remedy any defect in the quality of the services performed; or
(b) refund the Customer a reasonable portion of the price paid for the services performed.
7.4 Save for any damage falling within the purview of section 61(5) or regulation 3(a) of the consumer protection act, no 68 of 2008, neither BLIND GUYS nor any of its officers, employees or agents shall be liable for any loss or damage, whether direct, indirect, consequential or otherwise suffered by the customer, its family, employees, contractors and invitees arising from any cause in connection with the goods or their delivery and installation (including without limitation, any act, omission, or default on the part of BLIND GUYS, its agents, employees or sub-contractors) whether such loss or damage results from breach of contract, loss of profit or any other cause without limitation. BLIND GUYS shall take every care during the carrying out of the installation but shall not be liable for incidental redecoration consequent upon the execution of the work.
7.5 If BLIND GUYS receives a complaint from the Customer, BLIND GUYS shall conduct an investigation to determine whether or not the Goods do not reasonably conform to the material specifications of the order or are defective, as the case may be. The results of such investigation shall be submitted to the Customer, who shall be entitled to conduct its own investigation should it disagree with BLIND GUYS findings. Should any dispute arise between the parties as to the findings, then such dispute shall be referred to an expert for determination. The expert shall be appointed by agreement between the par ties. Should
the parties be unable to agree on the expert to be appointed within seven (7) days of the dispute being declared, then an expert shall be appointed by the President of the Arbitration Foundation of Southern Africa [“AFSA”]. Should AFSA not be in existence at the time, the nomination shall be made by the Chairman for the time being of the Gauteng Society of Advocates. The decision of the expert contemplated in this clause 7.5 shall, absent manifest error, be final and binding on the parties. The expert shall be required to use his/her best endeavours to ensure that his/ her determination is made within thirty (30) days of his / her appointment and shall in making his determination take into account any submissions made by either of the parties. Any fees or disbursements incurred by the expert shall be borne by the parties in equal shares or in such other proportion as the expert may in his/her discretion deem fit. Nothing in this clause 7.5 shall prohibit either party from approaching an appropriate court for relief should it elect to do so.
8.1 In addition to any warranties which may be contained in the warranty, user and care instruction card provided to the Customer; BLIND GUYS warrants only that the Goods manufactured by it will conform to the material specifications of the order and as such be reasonably fit for the purpose for which they were manufactured and useable by the Customer. Save for the afore going no other warranties, whether express or implied or representations concerning the quality of the goods or their fitness for purpose or application will be binding upon BLIND GUYS unless set out in writing and signed by it. BLIND GUYS gives no warranties regarding parts or components supplied by others.
8.2 The customer acknowledges that it has read the warranty, and user and care instruction card and agrees to the terms and conditions contained therein.
9.1 In the event that the Customer is not a natural person, then the signatory hereto binds himself as surety and co-principal debtor in solidum with the Customer in favour of BLIND GUYS for the due payment of all amounts which may at any time be payable by the Customer to BLIND GUYS from any cause of action whatsoever and whether acquired by BLIND GUYS by way of cession or otherwise.
9.2 The surety further waives those benefits of excussion and division and of the legal exceptions non numeratae pecuniae and non causa bebiti and acknowledges himself to the fully acquainted with the meanings of these terms.
9.3 These Conditions of Sale shall apply mutates mutandis to the suretyship contained in this clause 9.
9.4 The suretyship contained in this clause 9, is a continuing covering suretyship and shall remain of full force and effect notwithstanding any fluctuation in, or temporary extinction of the Customer’s indebtedness to BLIND GUYS. It may not be withdrawn, revoked or cancelled by the Customer without BLIND GUYS prior written consent. Any consensual cancellation or withdrawal of this suretyship by the Customer and BLIND GUYS shall only be valid and effective if reduced to writing and signed by both parties thereto. Any admission of liability by the Customer shall be binding upon the surety.
10. Force Majeure
10.1 BLIND GUYS shall not be liable in any way for any damage, loss, cost or expense arising out of or in connection with any delay, restriction, interference or failure in performing any obligation towards the Customer caused by any circumstance beyond its reasonable control, including, without limitation, acts of God, laws and regulations, administrative measures, orders or decrees of any court, earthquake, flood, fire, explosion, war, terrorism, riot, sabotage, accident, epidemic, strike, lockout, slowdown, labour disturbances, difficulty in
obtaining necessary labour or raw materials, lack of or failure of transportation, breakdown of plant or essential machinery, emergency repair or maintenance, breakdown or shortage of utilities, delay in delivery or defects in the Goods supplied by suppliers or subcontractors (“Force Majeure”).
10.2 Upon the occurrence of any event of Force Majeure, BLIND GUYS shall promptly inform the Customer by written notice thereof specifying the cause of the event and how it will affect its performance of its obligations. In the event of any delay, the estimated delivery date shall
be the first day following the period after which the Force Majeure event terminates. However, should a Force Majeure event continue or be expected to continue for a period exceeding 30 (thirty) after the estimated delivery and/or installation date, either party is entitled to cancel the affected part of the order without any liability to the other party.
11.1 Failure by BLIND GUYS to enforce at any time any provision of these Conditions of Sale shall not be construed as a waiver of BLIND GUYS right to act or to enforce any such term or condition and BLIND GUYS rights shall not be affected by any delay, failure or omission to enforce any such provision. No waiver by BLIND GUYS of any breach of the Customer’s obligations shall constitute a waiver of any other prior or subsequent breach.
11.2 In the event that any provision of these Conditions of Sale shall be held to be invalid or unenforceable, the same shall not in any respect whatsoever affect, the validity or enforceability of the remaining provisions between the parties and shall be severed there from. The pertaining provisions held to be invalid or unenforceable shall be reformed to provisions satisfying the legal and economic intent of the original provisions to the maximum extent permitted by law.
11.3 The parties’ rights and obligations arising out of or in connection with these Conditions of Sale shall be governed, construed, interpreted and enforced according to the laws of South Africa.
11.4 For the purpose of any legal proceedings which may arise between BLIND GUYS and the Customer, the Customer hereby consents to the jurisdiction of:
(a) The High Court of South Africa; and / or
(b) The Magistrate’s Court having jurisdiction, notwithstanding that the amount in issue exceeds the jurisdiction of the Magistrate’s Court; and BLIND GUYS may in its sole and absolute discretion elect to institute any such legal proceedings in either of the courts described in (a) and (b) above.
11.5 The parties nominate as their domicilium citandi et executandi the addresses reflected on the cover page hereof as the address for service upon them of all notices and processes in connection with any matter relating to these Conditions of Sale.
11.6 The parties’ rights and obligations shall be binding upon and inure to the benefit of the parties and their respective successors, permitted assigns, directors, officers, employees, agents and legal representatives. Termination of one or more of the rights and obligations of
the parties, for whatsoever reason, shall not affect the provisions of these Conditions of Sale, which are intended to continue to have effect after such termination.
11.7 The headings contained in these Conditions are included for mere convenience of reference and shall not affect their construction or interpretation.
YOUR PRIVACY IS OF THE UTMOST IMPORTANCE TO US.
At BLIND GUYS, we want to make your experience using our services satisfying and safe. We comply with South African data protection legislation
– The Protection of Personal Information Act (POPIA) and as such, we have strict security procedures in place in respect of both the storage and the disclosure of any information that you have provided to us. Please note, BLIND GUYS never shares any information about specific individuals with any external third party unless required to do so by law or compliance with our regulatory obligations.
Because we gather certain types of information about you, we feel you should fully understand our policy and the terms and conditions surrounding the capture and use of that information. This statement discloses what information we gather and how we use it.
Our Information Officer is the Company’s CEO who is contactable at firstname.lastname@example.org
We have registered our Information Officer with the Information Regulator. We are a deemed Responsible party under the POPI Act and operate under the registration number indicated on page 1 of this quotation. Please read our POPI Act policy on our website to learn more about us as well as how we process your personal data. This policy aims at providing in brief some information about why we collect, use and store your data.
PERSONAL DATA THAT WE COLLECT
The type of personal data we process about you may be:
• Your personal contact details as well as demographic information such as your name, age, gender, nationality, email ID, telephone number etc. We may also collect details about your visits to our website for marketing stats and in order to improve our services.
• When you visit our website, we may collect your IP (internet protocol) address and information about your device, browser as well as your location.
• Where you fill out our web form / application forms etc. to apply to be a client of BLIND GUYS, we may also collect your financial information, financial services experience and other information required for account set up including but not limited to, your employment details, sources of funds, bank and credit card details etc.
• We may also process your identification documents submitted at the time of registration to perform Know Your Customer checks as well as identity verifications. (If you visit our premises, we may have photos or videos recorded of you).
• If you are a registered client or have used any of our services, we may process your email behaviour i.e., if and when you have read our emails and how. We may also process data you have shared on a public website or social media.
HOW WE USE PERSONAL INFORMATION
We process your data in accordance with South African law as well as other applicable laws. (for example the GDPR where applicable). Across our business practices we ensure that your data is processed fairly and lawfully. Furthermore we make sure that your data is processed for the purposes it was originally collected for, kept up to date, relevant and not excessive, not kept longer than necessary and kept secure by adopting best industry practices. We require your personal data in order that we:
• Comply with legal obligations;
• Provide services as requested by you under the contract entered with you and;
• Carry out other business activities in the Company’s legitimate interest where your rights to privacy do not override our business interest such as for the purpose of direct marketing.
We may share your information with third-par ty processors that are contracted to BLIND GUYS for the provision of services such as: identity verification, fraud/ sanctions screening, digital agencies, hosting providers, liquidity providers and other technical partners, banks, online payment service providers, legal advisors, regulators, law enforcement agencies, other legal bodies for crime prevention or national security, suppliers, installers, sub-contractors and staff members of BLIND GUYS.
As a Responsible Party we respect your right to privacy and all other rights as set forth in the data protection law. If we process data about you, you have the right to request or access information we hold about you. In order to access your information you can send us a request at email@example.com.
Where your data is shared with a third-party, we shall contact them for deletion unless this proves impossible or involves disproportionate effort.
BLIND GUYS can do business internationally and your data may be transferred across borders to countries with different levels of protection. Data transfers outside SA may be for the purpose of administration or storage. Our database development and management teams are located in
BLIND GUYS. In limited circumstances, we may share your data with staff located in our subsidiaries located in BLIND GUYS for administration purposes or in order to process your payments. Where transfers are made outside of SA, we ensure all adequacy measures are satisfied for the security of your personal information. Where reasonably possible, we may pseudonmyise or minimise data for protection. In some circumstances, we may share your data with entities in our group and staff located in BLIND GUYS for administration purposes or in order to process your payments.
We may retain your data as per our data retention policies per type of processing activity. We may be legally obliged to retain data for longer purposes under Anti-Money Laundering regulations and FAIS regulations.
We do not share or sell your information other than as described in our policy. As a responsible party, we ensure our business practices and data processing activities are in compliance with the regulations and our data processing staff well-trained in processing your information. Our partners and third-party processors are all bound by strict data protection obligations through data processing contracts. Furthermore, we have adopted sound technical and compliance procedures to avoid loss, destruction, unauthorized access or omission to your data.
If you have any queries with regards to how we handle your information, require access to your personal information or in case you have complaints, please write to our Information Security Team at firstname.lastname@example.org.
DETAILS OF REGULATOR
The Information Regulator (South Africa)
33 Hoofd Street Forum III, 3rd Floor Braampark
P.O Box 31533 Braamfontein, Johannesburg, 2017
Mr Marks Thibela Chief Executive Officer
Tel No. +27 (0) 10 023 5200, Cell No. +27 (0) 82 746 4173
Complaints email: complaints.IR@justice.gov.za
General enquiries email: email@example.com.