Term Conditions
Product Terms and Conditions
Welcome to the Spectral Solar website. All products and services supplied or supplied and installed are subject to the following terms and conditions. By using this website or doing business with us in any way, you confirm that you have familiarised yourself with the terms and conditions governing the usage of the website and that you further agree to be bound by these terms and conditions. Should you not agree to the following terms and conditions, please refrain from using our website or any related product.
Spectral Solar (PTY) Ltd), hereinafter referred to as the service provider, shall upon acceptance of any quote supply or supply and install a high or low-pressure Solar Water Heating system or other Solar related products in accordance with that specified on the quote, together with all its components (‘the product’), subject to the terms and conditions set out herein.
No other terms shall be applicable unless the same is reduced to writing and signed on behalf of the service provider. Should any quote or other document submitted by the client contain any conditions in conflict with those recorded herein, the service provider’s terms and conditions shall prevail. The client agrees that no other terms, promises, representations, warranties or guarantees with reference to the products, deliveries or prices shall be of any force or effect except such as are consistent with those conditions quoted or as are expressly authorized by the service provider in writing.
The service provider shall determine the purchase price to be paid for the specified product required by the client and record the same together with the costs of the installation on the quote. All quotes, pro forma invoices, and estimates are valid for 10 days from the date of issue.
Upon acceptance of the quoted price, the client shall be deemed to have acquainted himself / herself with these terms and conditions and their signature to the quote shall constitute acceptance of all terms herein.
The service provider reserves the right to refuse to accept and or execute any quote and to cancel any order in whole or in part, without giving any reason
All sales are COD unless otherwise agreed, the client shall pay a 65% deposit of the total price upon acceptance of the quote. The balance shall be payable on the day of installation, prior to the installation team leaving the premises.
If the outstanding balance is not paid upon completion of the work or if any payment is dishonored, interest shall be charged at the maximum rate allowed under South African law from the date of completion to the date of final payment.
Complaints or other grounds do not justify the withholding of payment.
No settlement discount shall be permitted unless otherwise agreed to and recorded in writing between parties prior to the work being initiated.
All amounts payable in terms of this agreement shall be paid free of bank exchange.
Delivery of the product and installation, if included in the quote, shall be effected at the designated address set out in the quote, unless the service provider is instructed otherwise in writing by the client.
Products are available for collection within 48 hours of payment clearing in the service provider’s bank account. All products purchased must be collected within 90 days of payment failing which they will be sold to defray costs. It is the clients’ responsibility to insure products being collected and transported.
Provided that the client is not in breach of any of its obligations, the service provider undertakes to deliver and, if applicable install the product within a reasonable time. The service provider shall not be liable in any way for any loss as a result of late delivery or installation of the product as a result of the unavailability of stock, strikes, riots, lockouts, trade disputes, acts or restraints of government, the imposition of restrictions on exportation or importation or from any other cause not within the control of the service provider.
The service provider shall have no responsibility or liability whatsoever for damage or injury to persons or property or for other loss or injury resulting from any cause whatsoever arising out of or related to the product, including, without limitation, to any defects in the product from the use or from installation. Under no circumstances will the service provider be liable for incidental, consequential, or special damages howsoever caused. The service provider cannot be held liable for any installation-related damages or non-performance.
The risk in the Products shall pass to the client upon delivery to the address reflected on the quote.
If the products delivered by the service provider are not what the client ordered, are damaged, defective or of an incorrect quantity, the service provider shall have no liability to the client unless the client notifies the service provider within 48 hours of the products being delivered.
Notwithstanding the delivery of the product, the service provider strictly reserves ownership of the product until it has been paid for in full, on which date ownership shall pass to the client. In the event of non-payment of any amounts owing in terms of this agreement, the client agrees that the product shall not accede to the immovable property and the service provider shall be entitled to uplift the product and to retake possession of the product delivered, at the client’s cost.
The client shall provide the service provider with access to the premises in order to carry out the required work. At the site, electricity shall be made available, at no charge to the service provider for the purposes of the installation.
The client shall point out where the water mains valve is situated, allow the service provider to shut the same down and also to shut down the electricity to connect the electrical connections to the product.
The client shall be responsible for its own certificate of compliance with regards to the electrical installation and the service provider shall be under no obligation to supply the same.
The client is responsible to ensure that the rand value added to the structure after the installation of the solar water heating system is covered by the home owner’s insurance.
Although the electrical timer fitted (where requested) to regulate the electricity supply to the geyser has a backup battery, it remains the responsibility of the client to monitor and maintain the timer settings to ensure optimum electricity savings.
In the event of the client being in breach of any of its obligations under these terms and conditions, the service provider shall, without prejudice to the service provider’s rights to claim payment from the client of any amounts outstanding or any damages sustained by the service provider by reason of the client’s default, have the right to recover any products that have not been paid for in full.
In the event of the service provider being obliged to take any action to enforce any rights and obligations as specified herein, the client shall be responsible for all costs in connection with such proceedings on a scale as between an attorney and his own client.
All our products are backed by a manufacturer’s or supplier’s warranty, provided that any work carried out on the product has been affected by an installer approved by the service provider. In terms of the Consumer Protection Act, all products carry a minimum of a 6-month warranty, but most of our products extend beyond this.
All other Solar related products are covered as per the warranty provided with the product by the manufacturer.
The warranty explicitly excludes any pre-installed equipment or the pre-installed electrical geyser and its related components.
All warranty claims must be made in writing to the service provider and a representative of the service provider shall be afforded access to the premises to inspect any alleged damages.
The client acknowledges that the performance of any Solar System is subject to the solar radiance input and that climatic conditions may adversely influence performance.
All solar geyser replacements are to be performed by an installer approved by the service provider. Geyser replacements performed by non-service provider approved installers will invalidate the warranty on the solar water heating system.
These terms and conditions supersede all previous agreements, whether oral or written. No amendment or variation of these terms shall be valid or binding unless reduced in writing and signed by the service provider or it’s duly authorized, representatives.
The terms and conditions contained herein shall be binding on the client, his/its successors-in-title, heirs, administrators, liquidators, trustees, executors or assigns.
No indulgence or extension granted by the service provider to the client shall prejudice in any way the right of the service provider to enforce its rights herein nor shall it create new rights nor be construed as a waiver.
Carbon Credits associated with the purchase of the product are to be collected and are hereby ceded to the service provider.
The client chooses his/her domicillium citandi et executandi for all purposes of any legal process or notices the physical address and for purposes of delivery of the service provider’s statement, the postal address reflected on the quote.
Any notice given to the client in terms of these terms and conditions shall be valid and effective if given in writing and duly remitted to the address specified in the quote.
If sent by post, whether registered or otherwise, any notification or statement shall be deemed to have been received 4 (Four) business days after it is posted or on the actual day of delivery if delivered by hand