Techno Padel – Standard Terms and Conditions

These terms and conditions govern all sales, agreements and transactions with Techno Padel

1. The customer agrees to adhere to the specifications and instructions indicated in Techno Padel installation guides.
2. Adherence to the specifications and instructions indicated in Techno Padel installation guides is fundamental to the normal function and performance of the products.
3. Techno Padel will not be liable for any defect or fault arising from the failure to adhere to the specifications and instructions indicated in Techno Padel installation guides.
4. Techno Padel gives no warranty, express or implied, concerning the suitability of the products supplied for any purpose whatsoever other than those governed by Techno Padel installation guides.
5. In the case that the specifications and instructions described in the installation guides are not satisfied, and a claim is made by an end user of any nature whether or not the claim is made in terms of the ambit of the Consumer Protection Act of 2008, Techno Padel will be indemnified against any such claim.
6. The principles of fair dealings and good faith will apply. Techno Padel will endeavour to avoid errors and provide information which is true. Techno Padel is not bound by any incorrect information provided or any innocent error made.
7. All quotations will remain valid for a period of 30 (thirty) days from the date of the quotation, or until the day of issue of any new price list, whichever occurs first unless specified in writing by Techno Padel.
8. All quotations and offers made by Techno Padel are subject to the availability of input goods or services and subject to correction, such corrections will be based on the availability of input goods or services or correction of good faith errors by Techno Padel.
9. Any order presented to Techno Padel will only be considered received when the customer’s obligations have been fulfilled. If this obligation is a payment, then the order will be considered received on the day that this payment is cleared in Techno Padel’s bank account.
10. Padel courts warranty will only be in effect once invoice has been paid in full.
11. Unless invoice has not been paid in full, the courts can not be played on or generate any income.
12. Any income derived from court bookings without invoice being paid in full will be for Techno Padel.
13. Court nets will only be installed once payment has been received in full.
14. Any additional snaglists has to be sent within 7 working days after completion. There after any snags received will have additional fees for the clients account example call out fees etc.
15. Our standard delivery time is 21 (twenty one) working days from the date of order confirmation.
16. Delivery and performance times quoted are estimates, Techno Padel will not be bound by times quoted and time will not form a part of any agreement unless specifically stated otherwise.
17. A 10% (ten percent) cancellation fee will be charged on any sales agreement which is cancelled by the customer.
18. A 10% (ten percent) handling fee will be charged on any materials returned
19. Techno Padel will only accept returns at its factory(s).
20. Techno Padel reserves the right, at its sole discretion, to refuse to accept returns which are not accompanied by an Techno Padel invoice for the specific goods to be returned.
21. Techno Padel reserves the right to refuse to accept a return at its sole discretion.
22. No claims, repairs or returns will be entertained for items which have not been paid for in full.
23. Techno Padel reserves the right, at its sole discretion to refuse to accept returns on goods which have been manufactured for a customer or an order on a specific basis.
24. Padel courts cannot be used/played upon if not paid in full.
25. Nets will only be installed upon 100% payment.
26. In the case where goods are manufactured to specification or drawing, it is Techno Padel’s responsibility to ensure that the goods manufactured conform to the specification or drawing;
27. In the case where goods are manufactured to specification or drawing, it is the responsibility of the customer to ensure that the specification or drawing is correct. Whether the specification or drawing is produced by Techno Padel or otherwise;
28. In the case where a specific sales agreement is entered into and Techno Padel agrees to reserve any item(s) against any offer or payment from the customer, then Techno Padel will reserve such item(s) for a period of no longer than 30 (thirty) days from the date of the agreement.
29. Techno Padel will not be liable for any damage arising from misuse, abuse, neglect or negligent use and operation of products under any circumstances.
30. Products remain the property of Techno Padel until paid in full.
31. Items sold by Techno Padel can only be used upon full handover and signed delivery notes. Should the client use the item before handover or signed paperwork, Techno Padel will not be held liable for any damages due to acts of God, or from any cause beyond the reasonable control of Techno Padel. This includes (without restricting this condition to these instances): inability to secure labour, electricity supply, materials, raw material supplies, or by reason of an Act of God, war, civil disturbance, riot, state of emergency, state of disaster, pandemic, strike, lockout, or other labour disputes, fire, flood, drought, storm conditions, the sinking or otherwise delay of an ocean going vessel or otherwise delay of a train service or any other transport delays, legislation or act of law. In such a case, Techno Padel will not be liable for any damages or a claim of any other nature.
32. The completed product(s) will be dispatched or must be collected by the customer when ready or on the delivery date determined by the sales agreement and the customer will not refuse or delay to take delivery.
33. It is the customers responsibility to establish, immediately upon delivery, that the products and services appearing on Techno Padel’s delivery note, tax invoice or other documentation, correctly represents the products, or services, and prices agreed to and that these are free of defects.
34. If the customer is not present at the delivery address when delivery takes place, Techno Padel or its agents, or any transport company contracted to conduct the delivery, may deliver the goods to any street or place adjacent to the delivery address. Delivery will be conducted at the sole risk of the customer whether the street or place is public or private and whether it is secured or unsecured. Such a delivery will be considered as complete and proper fulfilment of Techno Padel obligations in terms of the sales agreement.
35. Any delivery note, invoice or waybill signed by the customer or a third party engaged to transport the products, and held by Techno Padel shall be conclusive proof that delivery was completed.
36. If a third party is engaged to transport products on the customer’s behalf, Techno Padel will allow no claims arising from such an agreement.
37. The risk of damage to, or destruction or theft of its products shall pass to the customer on delivery.
38. All products supplied by Techno Padel remain the property of Techno Padel until such products have been fully paid for whether such products are attached to other property or not or have become mixed with other property or not.
39. All costs for product certification and compliance, required by the customer are for the account of the customer.
40. Techno Padel will not be liable for losses or damages suffered by the customer in the case where Techno Padel retrieves its property;
41. The risk of payment by electronic funds transfer (EFT) rests with the customer;
42. Techno Padel will only consider an amount paid by EFT as received on the day that the effects of the payment have cleared.
43. Techno Padel will only consider an amount paid by cheque as received on the day that the effects of the payment have cleared. The risk of payment by cheque rests with the customer. No exception will be made for cash cheques.
44. Techno Padel will not release any goods until the effects of the payment for the goods have cleared.
45. Techno Padel will not be liable for any consequential damages including loss of profit for any commission, omission, and failure to act or negligent act wilful or not.
46. The validity or enforceability of any one part of these terms and conditions will not affect the validity or enforceability of any other part of these terms and conditions, or these terms and conditions as a whole.
47. For manufacturing to start a deposit payment of 80% will be payable to Techno Padel and remainder will be payable 1 day prior to delivery.
48. In the case where items are not paid in full upfront, the balance shall be payable upon delivery day. Payment can take place in cash/card while Techno Padel representatives are still on site.
49. In the case where items are not fully paid, the user are not allowed to use the product until payment has been made and handover has been done by Techno Padel;
50. Should the client experience any repairs that needs to take place, full payment of product needs to take place before Techno Padel will attend to any repairs/snags/damages;
51. The item remains in the property of Techno Padel until payment has been received. Should the item not be paid in full 7 days after installation, Techno Padel reserves the rights to remove it from the property and will not be held liable for any damages incurred by the client to remove these items.