Terms & Conditions

1. Applicability of the Standard Conditions

Unless otherwise agreed in writing and signed by SOLNET cc, these Standard Conditions of Sale shall constitute the entire agreement between SOLNET cc and the Customer and all goods are sold and/or services are rendered subject to this Agreement only.  Any additional or different terms or conditions contained in the  Customer’s order shall be null and void and of no force and effect.

2.  Definitions

• “Customer” means any person or persons at whose request or on whose behalf or in respect of whom SOLNET cc undertakes any business.
• “SOLNET” means SOLNET cc, Registration Nº1986/010755/23,
• “these conditions” means these Standard Terms and Conditions of Sale.

3.  Order

• The contract between SOLNET cc and the Customer shall only come into existence when a duly authorised representative of SOLNET cc has accepted the Customer’s order either wholly or in part.
• All orders accepted by SOLNET cc shall be binding on the Customer and may not be cancelled without obtaining SOLNET’s prior written consent.

4.  Prices

• Subject to the other provisions of these conditions, the purchase prices at which the goods shall be sold will be determined by agreement between SOLNET cc and the Customer from time to time.
• The prices are based on the costs to SOLNET cc, at the date on which the contract between the Customer and SOLNET cc is concluded, of carrying out its obligations under such contract, which includes, inter alia:- 
• Within six months after the delivery of any goods to a consumer, the consumer may return the goods to the supplier, without penalty and at the supplier’s risk and expense, if the goods fail to satisfy the requirements and standards contemplated in section 55, and the supplier must, at the direction of the consumer, either—
  (a) repair or replace the failed, unsafe or defective goods; or
  (b) refund to the consumer the price paid by the consumer, for the goods.”
• the cost to SOLNET of acquiring the raw materials and the costs of labour and freight;
• the cost of purchasing foreign currency to pay for the importation of the raw materials;
• import duties, government imposts, levies and other charges.
• If, after the date of conclusion of the contract between SOLNET and the Customer, there is an unfavourable change in the relevant foreign currency exchange rate or the applicable government imposts, levies or charges or any other change to the costs of labour, raw materials or freight, resulting in an increased cost to SOLNET in supplying the goods and\or rendering services in question, then SOLNET shall, on 30(thirty) days notice in writing to the Customer, be entitled to adjust its price by the amount of such increase.
• Within 14 (fourteen) days of the date of the written notice of the price increase from SOLNET or its agents, the Customer shall, on notice in writing, be entitled to cancel any undelivered balance of the order which has not yet been prepared as at the date of receipt of the Customer’s notice by SOLNET.  The Customer shall be deemed to have accepted the price increase if SOLNET does not receive the Customer’s notification of the cancellation of the whole or a portion of the order within  14 (fourteen) days of the date of SOLNET’s notice of the price increase.
• Unless otherwise stipulated, all prices are exclusive of VAT.
• If the Customer varies its order or if there are delays or changes which are not as a result of any act or omission of SOLNET, SOLNET shall be entitled to revise its prices by notice in writing.
• In the event of a price reflected on an order or confirmation of an order being incorrect due to a clerical error, then SOLNET shall have the right to amend such price to rectify the error.

5.  Value Added Tax

• The Customer shall be responsible for and undertakes to pay to SOLNET, at the same time as it is obliged to pay any sum in respect of goods supplied or to be supplied and\or services rendered or to be rendered, any tax payable thereon by SOLNET in terms of the Value Added Tax Act N° 1991 or any replacement Act.

6.  Payment

• Unless otherwise specifically agreed to by SOLNET in writing, all amounts shall be paid by the Customer to SOLNET, without deduction, demand or set-off, within 7 (seven) days of the date SOLNET’s statement of account.
• Any amount not paid on the due date shall, at the discretion of SOLNET,  bear interest from the due date until it is paid for, at a rate of 2% (percent) per month.
• If any amount owing by the Customer to SOLNET is not paid on the due date then all amounts owing by the Customer to SOLNET from any cause whatsoever shall become immediately due and payable.

7.  Time not of the Essence

• The time stated for delivery of the goods or the rendering of any service by SOLNET is approximate only and shall not be a material term to the contract between SOLNET and the Customer.
• Subject to the above paragraph, SOLNET will make reasonable efforts to deliver goods and render services within the times stated in the contract and late delivery shall not render the contract invalid nor render SOLNET liable for any claim or damages.
• Delivery of goods is dependent on stock availability and shall be made, subject to above two (2) paragraphs when stocks are available.

8.  Delivery and Risk

• Unless otherwise agreed in writing, the Customer shall take delivery of goods at SOLNET’s premises.  If SOLNET agrees to deliver the goods to the Customer at any other place, then the Customer will be liable for all of the costs of delivery and these costs shall be paid to SOLNET by the Customer on demand.
• Where delivery is effected by SOLNET’s transport, or by SOLNET’s transport contractor:-
  • all risks in the goods shall remain with SOLNET until and shall pass to the Customer on the transport.
  • all risks in the goods shall remain with SOLNET until and shall pass to the Customer on the transporting vehicle coming to a stop at the point where the goods are to be loaded;
  • the responsibility for unloading rests with the Customer;
  • SOLNET reserves the right to pass on to the Customer any additional charges or any other costs whatsoever, including insurance premiums, which may be incurred by Solnet cc as a result of delayed or protracted unloading of the goods by or on behalf of the Customer.
• SOLNET also reserves the right to charge the Customer with any other costs relating to the delivery of the goods to the Customer, including insurance premiums.
• When a delivery is made by SOLNET to the Customer through the medium of a transport carrier engaged by or on behalf of the Customer, then and in such event, all risks in and to the goods in question shall pass to the Customer on delivery of the goods by SOLNET to the carrier.
• Unless the Customer reports in writing an incomplete or short delivery to SOLNET within 7 (seven) days of the consignment in question having been delivered, the Customer shall be precluded from making any claim against SOLNET in connection with such short or incomplete delivery.
• Where the Customer requests that delivery be suspended or delayed to a date later than that originally requested, SOLNET shall be entitled to charge the Customer a reasonable fee for the storage of such goods.
• SOLNET is entitled to withhold delivery of goods if the Customer has not made payment of amounts due in respect of previous orders.

9. Ownership

• Ownership of all goods delivered shall remain in SOLNET until SOLNET has received payment of the full purchase price notwithstanding that the goods may have been purchased for resale.
• The Customer acknowledges SOLNET’s rights to repossess the goods if the Customer defaults with any payment, in whole or in part, and the Customer shall bear the onus of proving that it has not defaulted with any payment and that payment has been made in full to SOLNET.
• SOLNET’s right to repossess the goods in terms of the above paragraph, includes, inter alia, SOLNET and/or its agents having the right to enter the Customer’s premises for the purpose of inspecting and/or removing the goods from the Customer’s premises.

10.  Hypothec

• The Customer shall give valid notice to his landlord of the terms of these Conditions in order to prevent the landlord’s hypothec from being exercised over any goods supplied by SOLNET to the Customer.

11. Notification of Defects

• Within 7 (seven) days after the receipt of the goods, the Customer shall be required to advise SOLNET cc of any defects, failing which the goods shall be deemed to be complete in all respects and without defects, and the Customer shall be precluded from making any claim against SOLNET  ccin connection with the defective goods.
• If SOLNET agrees that the goods are defective, SOLNET’s liability shall be limited to 50% of the original contract amount or replacing such goods as against return to it of the defective goods.

12.  Return of Goods

• If SOLNET cc agrees to accept the return of any goods for credit, the Customer shall be liable to pay SOLNET a handling charge of not less than 10% (ten percent) of the invoiced price of the goods returned.
• “Please choose carefully. Solnet cc does not normally give refunds with regards to goods being supplied if you simply change your mind or make the wrong decision. You can choose between a refund, exchange or repair, where goods are defective within the warranty period or within 10 business days the goods are wrongly described, different from the sample shown to you or do not perform. If the goods are installed, affixed amended we will not accept a return of the equipment, unless defective. We may charge a handling fee if the return is accepted by management.”

13.  Warranties

• SOLNET cc gives a ten (10) year warranty on panels and three (3) months on the installation.  After a 3 month period a service call will be in effect.
• Solnet CC warrants its Client that the goods which have been supplied by it and delivered to the Client shall be free from defects and subject to the following:
  •The warranty is effective for a period of six months. The date is determined from date of delivery and will the Client be entitled to either request a refund; replacement or repair of the goods if the goods being provided are believed to be of a substandard quality within such period;
  •The warranty shall immediately be rendered null and void in the event of any of the following:
  -Any alterations or modifications or addition made to the goods, without the prior consent of Solnet CC;
  -Failure to use goods supplied in accordance with the instructions and specifications of Solnet CC;
  -Damages due to the general mistreatment and abuse of the goods supplied;
  -Any damage caused by fire, flood, civil disturbance or act of God;
  -the goods have not been inspected by a technical expert in order to evaluate/determine the reason for the defects in the material, before the Client requested its replacement, repair or refund.
• The installers the client/consumer will contact you first if there are issues with the Suppliers’ product, whereafter Solnet cc would refer the issue to the supplier.

14.  Limitation of Liability and Indemnity/Repairs

• Neither SOLNET cc or any of its employees or agents shall be liable for any loss or damage whatsoever, where such loss or damage is beyond the reasonable control of SOLNET, whether direct, indirect, consequential or otherwise, including any loss of profit, to any person or property, arising from any cause in connection with the goods, services performed or advice given by whether such loss or damage results from any breach of contract, delict, negligence of any degree or any other cause without limitation.  The Customer or his agent hereby indemnifies SOLNET cc and holds it harmless against all and any claims which may at any time be made against SOLNET cc in respect of any such loss or damage.
• If a Customer sells or disposes of any goods supplied to it by SOLNET cc to a third party or otherwise permits a third party to use such goods, the Customer shall include in the Customer’s agreement with the third party a  provision in terms of which SOLNET is afforded a similar limitation of liability to that contemplated in the above paragraph.
• Subject to clauses 8. and 11., any claim which a Customer has against SOLNET cc in connection with or arising out of any business shall lapse and become extinguished unless within:-
• Subject to clauses 8. and 11., any claim which a Customer has against SOLNET cc in connection with or arising out of any business shall lapse and become extinguished unless within:-
• 3 months (three) of such claim arising, the Customer institutes legal proceedings against SOLNET cc in respect of the claim by issuing summons out of a court of competent jurisdiction and having such summons served on SOLNET cc.  
• 10 (ten) days of such claim arising, the Customer gives written notice thereof to SOLNET and at the same time discloses to SOLNET in writing the material facts on which the claim is based; and 
• The repair services which have been supplied and/or undertaken by Solnet CC and provided to the Client shall be free from defects and subject to the following:
  •The warranty is effective for a period of three months. The date is determined from date of finalization of the repair works to the goods by Solnet CC and will the Client be entitled to either request a refund; replacement or repair of the repair works undertaken on the goods if the repair works is believed to be of a substandard quality within such period;
  •The warranty shall immediately be rendered null and void in the event of any of the following:
  -The Client approving/creating any alterations or modifications or addition made to the repair works undertaken by Solnet CC, without the prior consent of Solnet CC;
  -The Client failing to treat the repaired goods in accordance with the instructions and specifications of Solnet CC;
  -Damages due to the general mistreatment and abuse of the repaired goods by the Client after the repairs have been made by Solnet CC;
  -Any damage caused by fire, flood, civil disturbance or act of God;
  -Any default that can be attributed to normal wear and tear of the goods during the repair works to the goods taking into regard the oldness or “newness” of equipment/parts used and the use it was normally put to in the past. All refurbished/reconditioned/previously used equipment/parts will only be supplied and installed by Solnet CC at the Client’s specific instructions;
  -the repair works to the goods have not been inspected by an expert in order to evaluate/determine the reason for the defects in the repair works, before the Client requested its replacement, repair or refund.

15.  Force Majeure (unforeseeable future event)

• If SOLNET cc is prevented or restricted directly or indirectly from carrying out all or any of its obligations under a contract with the Customer by reason of strike, lockout, fire, explosions, floods, storms, riot, war, sabotage, accident, an act of God, embargo, legislation, shortage of or a breakdown in transportation facilities, negligence of the carriers, inability to obtain raw materials, civil commotion, untested or disturbances, cessation of labour, government interference or control, or any other cause or contingency beyond the control of SOLNET cc, SOLNET cc shall be relieved of its obligations in terms of the contract with the Customer during the period that such event and its consequences continue and shall not be liable for any delay or failure in the fulfilment of any obligations thereunder or loss or damages either general, special or consequential, which the Customer may suffer due to or resulting from such delay or failure in performance.  If SOLNET cc invokes force majeure it shall upon the termination of such event giving rise thereto, forthwith give written notice thereof to the Customer.  Should such force majeure continue for a period of more than 10 (ten) days then SOLNET cc shall be entitled forthwith to cancel the contract with the Customer in respect of any obligation still to be performed thereunder.

16.  Cancellation

• Solnet CC requires a deposit of to confirm the reservation for the goods/services being supplied. We may impose a cancellation fee in the event of cancellation before the date of delivery of the goods/services. The fee will depend on the nature of the order, the length of notice of cancellation before the order, 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.

17.  Notices and Domicilia (chosen address of service for legal documentation and notices)

• All notices to be given in terms of the contract shall be in writing and shall be delivered by hand or sent by prepaid registered post to SOLNET cc at 10 Hannes Louw Drive, De Tijger, Parow, Cape Town, 7500, South Africa and to the Customer at any one of the physical business addresses set out in its credit application, quotation giving rise to the contract or the invoice in respect of the goods, which physical addresses the parties select as their domicilium citandi et executandi.
• Each party shall be entitled at any time to change its domicilium to any other physical address within the Republic of South Africa, provided that such change shall take effect only upon delivery or deemed delivery of notice thereof to the other party.

18.  General

• No agent or employee of SOLNET cc, other than a director of SOLNET cc, has SOLNET’s authority to alter or vary these conditions.
• The Customer may not rely on a representation which it claims persuaded it to enter the contract.
• No agreement varying, adding to, deleting from or cancelling any of these conditions and no waiver of any of these conditions, shall be effective unless reduced to writing and, signed by a director of SOLNET cc.
• No indulgence granted by SOLNET cc shall constitute a waiver of any of SOLNET’s rights.
• If SOLNET cc refers any claim or dispute against the Customer to its attorneys, and whether or not SOLNET cc institutes or defends any legal or arbitration proceedings to enforce or protect its rights, SOLNET cc shall be entitled to recover from the Customer all legal costs (on an attorney and own client basis), tracing charges and collection commission incurred by SOLNET cc in that regard.
• In the event of SOLNET cc deciding to institute legal proceedings for the enforcement of any of its rights against the Customer, SOLNET cc shall be entitled to do so in the MAGISTRATE’s Court which would, but for the amount involved, have jurisdiction.
• A certificate signed by a director of SOLNET cc reflecting particulars of the amount owing by the Customer together with details of all deliveries made to the Customer and the invoices pertaining to such deliveries shall be prima facie proof thereof and of the Customer’s indebtedness to SOLNET cc.
• The Customer may not cede any of its rights or delegate any of its obligations in terms of the contract unless a director of SOLNET cc gives prior written consent to the Customer to do so.
• Credit facilities allowed by SOLNET cc are in SOLNET’s discretion and SOLNET cc is entitled, at any time, without notice to the Customer to vary, curtail or terminate such facilities.
• Unless it conflicts with the context of these conditions, words signifying one gender will include the other genders, words signifying the singular will include the plural and vice versa and words signifying natural persons will include artificial persons and vice versa (the other way around).
• Headings of clauses are inserted for the purpose of convenience only and shall be ignored in the interpretation of these conditions.
• If any part of these conditions is or becomes unenforceable, it will be severable from the rest of these conditions which will continue to be binding.
• This agreement shall be interpreted and implemented in accordance with the law of the Republic of South Africa. 

19. Indemnity Clause

• Although we at Solnet CC endeavour to supply goods of exceptional quality, we cannot be held liable in the instance where the goods supplied is not according to your specifications or specific need, due to any circumstances beyond our reasonable control.