Trading Terms & Conditions

Brand Bakery T/A Restless Brands Registration Number 2009/212543/23 manufacturing and distributing IGLU Therapy

These terms and conditions govern all sales, agreements and transactions with IGLU Therapy.

General

1. The Customer agrees to adhere to the specifications and instructions indicated in IGLU Therapy installation guides.
2. Adherence to the specifications and instructions indicated in IGLU Therapy installation guides is fundamental to the normal function and performance of the products.
3. IGLU Therapy will not be liable for any defect or fault arising from the failure to adhere to the specifications and instructions indicated in IGLU Therapy installation guides.
4. IGLU Therapy gives no warranty, express or implied, concerning the suitability of the products supplied for any purpose whatsoever other than those governed by IGLU Therapy 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, IGLU Therapy will be indemnified against any such claim.
6. The principles of fair dealings and good faith will apply. IGLU Therapy will endeavour to avoid errors and provide information which is true. IGLU Therapy is not bound by any incorrect information provided or any innocent error made.

Quotations and Orders

1. This quotation is valid for a period of 30 (thirty) days from date hereof or until the day of issue of any new price list, whichever occurs first unless specified in writing by IGLU Therapy. After which it shall automatically lapse and be of no further force or effect.
2. This quotation must be accepted in writing within the said 30 day period and communicated to us, failing which it shall not be capable of being accepted.
3. Should you accept this quotation as provided above, then the terms and conditions attached hereto shall be applicable and govern our contract.
4. All quotations and offers made by IGLU Therapy 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 IGLU Therapy.
5. Any order presented to IGLU Therapy 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 IGLU Therapy’s bank account.
6. Orders will become binding on IGLU Therapy 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 in writing.
7. The confirmation of any order may be subject to prior credit approval by IGLU Therapy and for this purpose the Customer acknowledges and agrees that IGLU Therapy may use the service of a credit bureau to obtain a consumer and/or creditworthiness rating and/or other relevant credit information.

Delivery, Installation, Risk and Ownership

1. Delivery and performance times quoted are estimates, IGLU Therapy will not be bound by times quoted and time will not form a part of any agreement unless specifically stated otherwise.
2. A 20% (twenty percent) cancellation fee will be charged on any sales agreement which is cancelled by the customer, once placement of order has taken place.
3. A 15% (fifteen percent) handling fee will be charged on any materials returned.
4. IGLU Therapy will only accept returns at its factory(s). The Customer is responsible for making sure the returned product is delivered without any damages and faults. The customer is to send photographs of the product’s defects before sending it back to IGLU Therapy.
5. IGLU Therapy reserves the right, at its sole discretion, to refuse to accept returns which are not accompanied by an IGLU Therapy invoice for the specific goods to be returned.
6. IGLU Therapy reserves the right to refuse to accept a return at its sole discretion.
7. No claims, repairs or returns will be entertained for items which have not been paid for in full.
8. IGLU Therapy reserves the right, at its sole discretion to refuse to accept returns on custom-made products, which have been manufactured for a customer or an order on a specific basis
9. In the case where goods are manufactured to specification or drawing, it is IGLU Therapy’s responsibility to ensure that the goods manufactured conform to the specification or drawing;
10. 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 IGLU Therapy or otherwise;
11. In the case where a specific sales agreement is entered into, IGLU Therapy agrees to reserve any item(s) against any offer or payment from the Customer, then IGLU Therapy will reserve such item(s) for a period of no longer than 30 (thirty) days from the date of the agreement.
12. IGLU Therapy will not be liable for any damage arising from misuse, abuse, neglect or negligent use and operation of products under any circumstances.
13. Products remain the property of IGLU Therapy until paid in full.
14. Items sold by IGLU Therapy can only be used upon full handover and signed delivery notes. Should the client use the item before handover or signed paperwork, IGLU Therapy will not be held liable for any damages due to acts of God, or from any cause beyond the reasonable control of IGLU Therapy. 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, IGLU Therapy will not be liable for any damages or a claim of any other nature.
15. 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.
16. It is the customers responsibility to establish, immediately upon delivery, that the products and services appearing on IGLU Therapy’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.
17. If the customer is not present at the delivery address when delivery takes place, IGLU Therapy 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 IGLU Therapy obligations in terms of the sales agreement.
18. Any delivery note, invoice or waybill signed by the customer or a third party engaged to transport the products, and held by IGLU Therapy shall be conclusive proof that delivery was completed.
19. Any electrical power required for installation of the Goods shall be provided by the Customer. IGLU Therapy shall in no way be liable in the event that the electrical power required to install the Goods, does not conform with Municipal Regulations.

Returns and Risk of Damage

1. If a third party is engaged to transport products on the customer’s behalf, IGLU Therapy will allow no claims arising from such an agreement.
2. The risk of damage to, or destruction or theft of its products shall pass to the customer on delivery.
3. All products supplied by IGLU Therapy remain the property of IGLU Therapy 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.
4. All costs for product certification and compliance, required by the customer are for the account of the customer.
5. IGLU Therapy will not be liable for losses or damages suffered by the customer in the case where IGLU Therapy retrieves its property;
6. The risk of payment by electronic funds transfer (EFT) rests with the Customer;
7. IGLU Therapy will only consider an amount paid by EFT as received on the day that the effects of the payment have cleared.
8. IGLU Therapy 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.
9. IGLU Therapy will not release any goods until the effects of the payment for the goods have cleared.
10. IGLU Therapy 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.
11. 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.
12. For manufacturing to start a deposit payment of 70% will be payable to IGLU Therapy and remainder will be payable 1 day prior to delivery.
13. 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 IGLU Therapy;
14. Should the client experience any repairs that needs to take place, full payment of product needs to take place before IGLU Therapy will attend to any repairs/snags/damages;
15. The item remains in the property of IGLU Therapy until payment has been received. Should the item not be paid in full 7 days after installation, IGLU Therapy 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