MasterFibre Terms of Sale

1. All payment must reach the company within 30 days after date of Statement. (Account Only)
2. All goods are sold at prices ruling on date of dispatch.
3. Interest will be charged on all overdue accounts at the maximum rate as allowed by law from time to time, or at a rate of 2% per month in terms of the National Credit Act 34 of 2005.
4. In the event of payment which may be due to the Company not being made timeously, all outstanding amount shall become due and payable immediately.
5. Any dispute between the Applicant and Company arising from any legal relationship which, after acceptance of this credit application, may come into existence between them, shall be resolved by mediation in terms of the Short Process Court and Mediation in Certain Civil Cases Act (No 103 of 1991), provided that when the dispute arises, a Mediator and Short Process Court have been appointed and established for the relevant are or district. If this has not been done, the applicant consents to the jurisdiction of the Magistrates Court for the adjudication of any such dispute, but this does not preclude the Company at its choice from instituting in the High Court.
6. The applicant chooses address for service of all legal notices and proceedings at its main place of business or its registered office address in the application.
7. The company undertakes to use its best endeavour to carry out the work and complete the work within a reasonable time, but does not accept any liability, consequential or otherwise, should the work not be completed timeously as a result of circumstances beyond its control, including, without limiting the generality of a foregoing strikes, lockouts, fire, increment weather, flood and mechanical failure of any of the companies' plant or vehicles.
8. Goods may only be returned with the written consent of the Company.
9. Complaints in connection with goods must be lodged within 10 business days from receipt, then the parties agree that the work has been carried out in a proper workmanlike manner.
10. No alleged complaint or dispute shall entitle the applicant to withhold any payment due whatsoever.
11. A certificate by a member or director of the Company shall constitute at face value proof thereof proof of the amount owing by the applicant at any given time, and shall be sufficient proof for obtaining provisional sentence.
12. No representative or agent is authorised to vary these conditions of sale, whether given verbally or in writing.
13. The expression "the company" in these conditions refers to Itutone (Pty) Ltd trading as MasterFibre, Reg. No. 2013/197135/07
14. Each sale shall be deemed to be cash, notwithstanding the granting of credit and the delivery of goods, ownership in goods sold shall not pass to the purchaser but shall remain vested in the Company until the purchase price has been paid in full.
15. The installation or fitting of any goods shall not constitute an act of affixing same to any immovable property.
16. The applicant shall be liable to compensate the Company for all legal costs incurred as a result of any default by the applicant in respect of these conditions of sale, on the scale as between attorney and own client.
17. Should the applicant's estate be sequestrated of liquidated while he is still indebted to the Company, the Company shall be entitled to cancel the relevant agreement with the applicant and to repossess the goods sold in settlement of the balance outstanding.
18. No representations or warranties of any other nature other than such as are stipulated herein have been made by the Company, and the Company shall under no circumstances be liable for any alleged consequential damage suffered by the Customer.
19. It shall be the responsibility of the Customer to ensure that the specification complies with any relevant conditions of title, laws and / or by-laws or Regulations and no warranty in this regard is made by the Supplier.
20. The Customer shall indicate to the Supplier or his workmen the placement of the Jungle Gym / structure and components / attachments prior to installation, and to their satisfaction. However, the Supplier or his workmen reserve the right to adjust the placement slightly to avoid any unforeseen obstructions / limitations. The Customer hereby indemnifies the Supplier against any claim of whatsoever nature, which may arise out of the fact that the Supplier may erect the works or any portion thereof outside the boundaries of the property in question.
21. The Customer shall indicate to the Supplier or his workmen the location of all relevant services i.e., water mains, electric cables etc., at the start of the contract, should the Customer fail to do so, the Customer hereby indemnifies the Supplier against any claim whatsoever.
22. Whereas in order to erect the said structure it will be necessary to excavate holes at various points, the Customer warrants that the ground in which said holes are to be located is comprised of soil to a depth of 1 metre taken from the natural surface of the ground at each point. Where such holes disclose the presence of rock, paving, concrete, roots of any kind or other obstruction in the ground aforesaid, the Supplier shall be entitled “ipso facto” to increase the contract price by such reasonable amount as will compensate the Supplier for any loss sustained by it and any delay occasioned as a result of such obstruction. Should mechanical means be required to excavate the holes, the cost will be passed on to the Customer.
23. Regular maintenance is a condition to the guarantee.

Refund / Return Policy:

Please choose carefully. We do not normally give refunds if you simply change your mind or make the wrong decision. You can choose between a refund, exchange or repair, where goods as defective within the warranty period or 10 business days the products are wrongly described, different from the sample shown to you or do not perform. If the product is installed, affixed or amended we will not accept a return of the product, unless defective. We may charge a handling fee if the return is accepted by management. Goods may not be sent back without authorization.

Cancellation Policy:

We required a deposit of 70% to confirm the order. We may impose a cancellation fee in the event of cancellation before delivery. The fee will depend on the nature of the order, length of notice of cancellation before delivery, the reasonable potential to find alternative clients for the order and the reason for cancellation. No refunds on deposits in the event of cancellation for already ordered/made Special-Order Goods.