TERMS OF SALE

This Price List and these Terms of Sale supersede all previous price lists and terms. These prices and terms are subject to change without notice.

ABANDONMENT & COLLECTIONS

Merchandise not paid for within 90 days of invoice will be considered abandoned. In addition to any other remedy, Van Niekerk Furniture & Staircases shall be entitled to liquidate the merchandise, retain all deposits and apply such proceeds to the unpaid invoiced balances. The client/customer is liable for any collection and legal fees incurred in the collection of unpaid invoices and any storage or related fees.

ACCEPTANCE

The terms and conditions set forth herein represent Van Niekerk Furniture & Staircases offer to sell product to the client/customer.The client/customer’s acceptance ofVan Niekerk Furniture & Staircases sales order acknowledgement or invoice is an acceptance of these terms and conditions. In the event that the terms and conditions of an order are contrary to the terms and conditions indicated herein, these terms and conditions shall supersede any inconsistent or contrary terms and conditions indicated on the actual order or any other document supplied by the client/customer. A waiver of any one term or condition shall not be deemed a waiver of any other term of condition.

CLAIMS/RETURNS

All claims for workmanship defects, shortages and errors must be made within 2 days, after receipt of the merchandise to andries@vanniekerkfurniture.co.za. Any repairs or claims must be documented in writing accompanied by photographs and sent to Van Niekerk Furniture & Staircases.Payments will not be made for unauthorized repairs. Failure to make a claim within this period of time constitutes acceptance of the merchandise and a waiver of claims.

On delivery, the customer/client shall examine the goods for defects and completeness. Thereafter no claim for damage in transit, or shortage in delivery or for loss of goods will be entertained unless, in the case of damage, a separate notice in writing is given to the driver or to Van Niekerk Furniture & Staircases within 7 days of delivery; or, in case of loss of goods, a separate notice in writing and a claim is given to Van Niekerk Furniture & Staircases within 7 days of the date of Van Niekerk Furniture & Staircases Invoice to the client/customer. In all cases a signature ‘unexamined’ shall be deemed to be an unconditional acceptance of the goods.

Van Niekerk Furniture & Staircases warrants that Goods will conform in all material respects to the specification and will be free from defects in design, material and workmanship under normal conditions of use for 12 months from delivery, provided that the defect is not attributable to fair wear and tear or any fault or damage arising from impact, modification, accident, neglect, abnormal working conditions, inappropriate working conditions, inappropriate use or treatment, incorrect handling or exposure to such other substances as may be injurious to such materials.
If the client claims or detects a defect in the goods, the client will either return those goods to Van Niekerk Furniture & Staircases or, if the goods are retained by the client, indemnify and keep Van Niekerk Furniture & Staircases indemnified against all liability and claims which may arise out of or incidental to the defect.

Van Niekerk Furniture & Staircases shall not be liable for a breach of the warranty or any other warranty condition or guarantee If:
a) the total price for the Goods has not been paid by the due date for payment;
b) the client makes any further use of such Goods after giving such notice;
c) the defect arises because the client failed to follow Van Niekerk Furniture & Staircases oral or written instructions as to the storage, installation, commissio­­ning, use or maintenance of the Goods; or
d) the client alters or repairs the goods without the prior written consent of Van Niekerk Furniture & Staircases.

Contracts and orders and parts thereof may be cancelled only by Van Niekerk Furniture & Staircases written acceptance of such cancellation. Where Van Niekerk Furniture & Staircases accept such cancellation, Van Niekerk Furniture & Staircases reserve the right to charge the client with the amount of any losses or expenses directly or indirectly resulting from such cancellation. Where Van Niekerk Furniture & Staircases do not accept such cancellation, they, Van Niekerk Furniture & Staircases, reserve the right to recover the invoice price from the client and to charge the client with additional losses both direct and indirect resulting from such cancellation. In any case, where Van Niekerk Furniture & Staircases were required to place a deposit with a manufacturer or supplier in respect of an order, Van Niekerk Furniture & Staircases may require the client to reimburse such sum in the event of cancellation.In the event of the client/customer cancelling a part of the order, Van Niekerk Furniture & Staircases reserve the right to revise the price or prices quoted for goods already delivered.

The client/customer agrees that the cancellation fees are in correlation to the reasonable estimate of Van Niekerk Furniture & Staircases actual losses on the cancelled order.

DELIVERY

Delivery dates and lead times are estimates only, based on current production schedules at the time of the order and are subject to change. Production cannot begin and lead times cannot be calculated until the acceptance of the order. Acceptance of the order includes: receipt of the required deposit, confirmation of any changes, modifications or approvals to the original order. Van Niekerk Furniture & Staircases shall not be held responsible for any delays in production.

Any dates quoted for delivery of the goods are approximate only and Van Niekerk Furniture & Staircases shall not be liable for any loss or damage howsoever caused by reason of any delay in delivery of the goods.

Where goods are offered for delivery to a site, Van Niekerk Furniture & Staircases obligation is to deliver as near to the site as safe hard roads permit. The customer/client is to provide at its own expense the labour required for unloading and stacking.

Where goods are held by Van Niekerk Furniture & Staircases awaiting delivery instructions, they may be subject to a storage charge.

Delivery of the goods shall be made by the client/customer collecting the goods at Van Niekerk Furniture & Staircases premises at any time after Van Niekerk Furniture & Staircases have notified the client/customer that the goods are ready for collection.

IN HOME DELIVERY

In some cases, your item can be delivered directly to your home. We will place the furniture into the customer’s home and do some slight regulation of fillings. We will not remove doors or move the customer’s old furnishings. If the delivery is deemed difficult, the customer may be asked to sign a damage waiver for their property and the items being delivered. Be sure the furniture ordered will fit into the delivery location.

ORDERS

Written orders received from the client/customer with all the correct information will be acknowledged by Van Niekerk Furniture & Staircases in writing within 48 hours. Van Niekerk Furniture & Staircases reserves the right to reject any order or refund any deposit. It is the responsibility of the client/customer to advise Van Niekerk Furniture & Staircases in writing of any errors or discrepancies in the sales order acknowledgement within 5 days of the receipt of said acknowledgement. Changes to an order are subject to additional charges, if any, for materials, labor and other related costs and the order will be held until written confirmation from the client/customer is received. All furniture is subject to minor changes in details from the specifications noted as it applies to hardware, finishes and other minor details.

PAYMENT

Van Niekerk Furniture & Staircases requires a deposit of 50% of the total purchase price for all orders. Orders received without a deposit will be held from production pending the receipt of the payment. Final payment is due on the day of delivery, or delivery date could be forfeited unless Van Niekerk Furniture & Staircases agrees in writing to any other payment terms. All payments must be received from the client/customer as identified on the purchase order, as no third party payments will be accepted unless approved in writing by Van Niekerk Furniture & Staircases. Acceptance of third party payments is an accommodation and does not create any relationship between Van Niekerk Furniture & Staircases and the third party.In the case of non-cash sales, unpaid cheques or accounts not settled by due dates, Van Niekerk Furniture & Staircases shall be entitled to charge and recover interest from the client.A service charge of 1.5% per month will be applied to orders that remain unpaid after 30 days of being invoiced.

In the event of legal action being taken by Van Niekerk Furniture & Staircases against the client/customer for breach of payment obligations hereunder, the client/customer shall be responsible for all costs and disbursements incurred by Van Niekerk Furniture & Staircases on a full indemnity basis.

PRICES

All Van Niekerk Furniture & Staircases prices indicated in this current schedule are retail or list prices. Prices are subject to change without notice after an order has been accepted. Van Niekerk Furniture & Staircases reserves the right to change prices based on changes in quantities or total value of previously quoted contract quotations, changed orders from the client/customer and to correct pricing on orders received with modifications from the original order.

Price quotations are valid for a period of one month only from the date of quotation or proforma invoice.

Prices in effect when the order is received will apply. If the delivery date requested exceeds six months from the order receipt, Van Niekerk Furniture & Staircases may use the published list prices effective at the delivery date.

PRODUCTS

Van Niekerk Furniture & Staircases reserves the right to make minor changes in furniture design, dimensions and other materials without prior notice. Van Niekerk Furniture & Staircases products are handcrafted and can have minor variations. All dimensions can have slight variations. Wood finishes can vary from samples and exact matching is not guaranteed. Materials used within the product line are listed in the General Product Information section of this price list and are to be considered the standards used in the manufacturing process.

WARRANTY

Van Niekerk Furniture & Staircases products are sold with a limited warranty against defects in materials and workmanship for a period of one year from the delivery date. Van NiekerkFurniture & Staircases reserves the right to repair or replace defective merchandise at its sole discretion. This limited warranty does not extend to damage caused by accident, abuse, misuse, cleaning, or normal wear and tear. All other warranties express or implied are excluded.

Whilst all description and illustrations of the goods in (Inter alia) catalogues, brochures and price lists provided by Van Niekerk Furniture & Staircases have been carefully prepared, they are intended nevertheless for general guidance only and do not form part of any contract for sale of goods and no responsibility is accepted for any errors or omissions therein or for any loss or damage resulting from reliance on such descriptions and illustrations.

All conditions, warranties, terms and obligations, whether expressed or implied by statute, common law, custom or otherwise (including, without prejudice to the generality of the foregoing, any warranty or condition as to the merchantable quality or fitness for any particular purpose of the goods) are excluded to the fullest effect permitted by law. In particular Van Niekerk Furniture & Staircases make no representations, conditions or warranties as to the extent that timber and/or timber products supplied by Van Niekerk Furniture & Staircases to the customer/client are suitable or fit for the purpose or purposes for which the customer/client intends to use them and Van Niekerk Furniture & Staircases exclude all liability arising where such timber and/or timber products are not suitable for such use.

RISK & LIABILITY

Risk of damage to or loss of the goods shall pass to the client at the time of delivery or, if the client wrongfully fails to take delivery of the goods, the time when Van Niekerk Furniture &Staircases have tendered delivery of the goods. For the purposes of this Clause, ‘delivery’ shall mean the arrival of the goods at the place of delivery of the client/customer where delivery is by Van Niekerk Furniture & Staircases, or the safe loading of the goods into the client’s/customer’s vehicles at Van Niekerk Furniture & Staircases premises where delivery is through collection by the client/customer.

RETENTION OF TITLE

Notwithstanding delivery and the passing of risk in the goods or any other provision of these conditions, the property in the goods shall not pass to the client/customer until Van Niekerk Furniture & Staircases have received in cash (or cleared funds) payment in full of the price of the goods and all other goods agreed to be sold by Van Niekerk Furniture & Staircases to the client/customer for which payment is then due.

FORCE MAEJEURE

Van Niekerk Furniture & Staircases shall not be liable to the client/customer or be deemed in breach of contract by reason of any delay in performing, or any failure to perform, any of Van Niekerk Furniture & Staircases obligations in relation to the goods, if the delay or failure was due to any cause beyond Van Niekerk Furniture & Staircases reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond Van Niekerk Furniture & Staircases control;
(a) act of God, explosion, flood, tempest, fire or accident;
(b) war or threat of war, sabotage, insurrection, civil disturbance or requisition;
(c) acts, restrictions, regulations, by-laws, prohibitations or measures of any kind on the part of any governmental, parliamentary or local authority;
(d) import or export regulations or embargos;
(e) strikes, lockouts or other industrial actions or trade disputes (whether involving employees of Van Niekerk Furniture & Staircases or of a third party);
(f) difficulties in obtaining raw materials, labour, fuel, parts or machinery;
(g) power failure or breakdown in machinery.

INSOLVENCY, BANCRUPTCY

Van Niekerk Furniture & Staircases shall have the right to terminate the contract forthwith where the client/customer becomes insolvent or bankrupt or makes arrangements with its creditors or suffers a receiver to be appointed or being a body corporate enters into liquidation (other than in connection with a reconstruction or amalgamation) in any of which cases Van Niekerk Furniture & Staircases shall have no further obligation hereunder and the price for all goods delivered and work done shall become immediately due and payable.

COPYRIGHT

The text, images, and data on the Van Niekerk Furniture & Staircases website (www.vanniekerkfurniture.co.za) are protected by copyright. Van Niekerk Furniture & Staircases retains all rights, including copyright, in data, images, software, documentation, text, and other information contained in and on the website. Copying or redistribution of data, images, software, documentation, text, and other information in any manner and for any use is strictly prohibited. Violators will be prosecuted to the fullest extent permitted by the law.

CHANGE OF ADDRESS

Please read your sales receipt or email receipt carefully to ensure that your address and other personal information are accurate. You are responsible for any inaccuracies in your address and other personal information. You must make any change of the delivery address or change in the order either in person or by telephone and the change will be binding only if the change is confirmed before delivery. Changes in your address or other personal information may delay delivery, and you may be charged a fee for deliveries made to you at the wrong address on your sales receipt if such address is incorrect.