CM BLINDS SA

Standard Terms and Conditions

Validity of Quotations

1.1 All quotations shall only be valid if provided in writing.

1.2 Quotations shall remain valid for a period of 30 days from the date of issue, unless otherwise stated in writing.

Formation of Contract

A binding contract shall come into existence once the client has accepted CM Blinds SA’s quotation in writing.

Variations

No amendment, variation, or addition to these Terms and Conditions shall be of any force or effect unless agreed to in writing by CM Blinds SA.

Illustrations and Specifications

All illustrations, specifications, advertisements, schedules, dimensions, and other descriptive documents are provided for information purposes only and shall not be binding on CM Blinds SA. Any such details are approximate and intended only to provide a general description of the goods and services quoted. CM Blinds SA shall not be liable for any loss arising from discrepancies therein.

Structural Limitations

Aluminium louvre systems and aluminium roof structures shall not be covered under warranty where heavy frameless glass, sliding doors, steel frames, shutters, or any similar heavy attachments are connected to the CM Blinds SA structure, unless expressly approved in writing by CM Blinds SA.

Client Information and Measurements

CM Blinds SA shall under no circumstances be held responsible for any loss, damage, or cost arising from incorrect information, drawings, or measurements supplied by the client or the client’s agent.

Retention of Ownership

Ownership of all goods supplied shall remain vested in CM Blinds SA until the full purchase price and all related charges have been paid in full.

Late Payment and Interest

Should the client fail to pay any amount on the due date, or retain any portion of the contract price, CM Blinds SA shall, in addition to any other remedies available to it, be entitled to:

8.1 Withdraw any discount granted.

8.2 Charge interest on all overdue amounts at a rate of 2% above the prime commercial overdraft rate charged by First National Bank from time to time.

Limitation of Liability

9.1 CM Blinds SA shall not be liable for any damage caused by third-party companies delivering materials to the client.

9.2 CM Blinds SA shall not be liable, whether in contract, delict, or otherwise, for any indirect, consequential, or special loss arising from delays, failures, or interruptions in performance.

9.3 No warranty or claim shall apply for wind damage to canvas awnings, as awnings are intended primarily for shade and not for resistance to wind unless otherwise specified in writing.

Unforeseen Site Conditions

Should unforeseen problems arise, including but not limited to crumbling walls, misaligned walls, hidden obstructions, or any other difficulty affecting installation, any additional work required to rectify such issues shall be charged to the client as an extra.

Approvals and Permissions

It shall be the sole responsibility of the client to obtain all municipal, local authority, body corporate, landlord, or any other approvals, permissions, or consents required for the installation of the goods.

Installation and Completion Dates

Any period or date quoted for installation or completion is intended as an estimate only. CM Blinds SA shall not be liable for any loss or damage, directly or indirectly, arising from delays in commencement, installation, or completion of the contract works.

Storage Charges

If CM Blinds SA is required to store any goods or items on behalf of the client, CM Blinds SA shall be entitled to charge reasonable storage fees. If the client fails to collect such goods after 7 written days’ notice, the client irrevocably authorises CM Blinds SA to sell such goods to recover storage and related costs.

Cancellation of Orders

In the event of the client cancelling an order for any reason after acceptance, CM Blinds SA reserves the right to recover all costs incurred up to the date of cancellation, including administration, materials ordered, labour, and any losses suffered. Any refund due, if applicable, shall be processed within 7 working days, subject to such deductions.

Client Responsibilities on Site

The client agrees, at their own cost, to provide all reasonable facilities required for CM Blinds SA to carry out the contract works, including but not limited to electricity, water, toilet facilities, access to the site, and safe storage space where necessary.

Payment Terms

All payments due in terms of the contract shall be made free of exchange, deduction, or set-off to CM Blinds SA at its nominated address or bank account, within 5 days of completion of installation, unless otherwise agreed in writing.

Suspension of Works

Should the client fail to make any payment on the due date, CM Blinds SA shall be entitled, in its sole discretion, to suspend performance of the contract works until such payment has been made in full.

Guarantees and Warranties

Any guarantee or warranty provided by CM Blinds SA in respect of the goods shall automatically lapse if:

18.1 The client is in breach of contract.

18.2 Additional work has been completed and payment is withheld.

18.3 Any payment due has not been made on time.

18.4 Warranty claims are not submitted in writing to CM Blinds SA within 5 days of the event giving rise to the claim.

Snag List and Defects

Any snags, defects, or incomplete items must be reported by the client in writing to CM Blinds SA within 5 days of completion of the installation. Failing such notice, no liability shall be accepted for snags or defects, save for those covered under CM Blinds SA’s standard written warranty.

Price Escalation

Any increase in the cost of materials, labour, transport, or any related charges arising after acceptance of the quotation shall be payable by the client in addition to the original contract price.

Jurisdiction and Legal Costs

The client consents to the jurisdiction of the Magistrate’s Court in respect of any legal action arising from this contract, without prejudice to CM Blinds SA’s right to institute proceedings in any other competent court. All legal costs incurred by CM Blinds SA in enforcing its rights shall be payable by the client on the attorney and own client scale.

Waiver

No relaxation, extension of time, waiver, or indulgence granted by CM Blinds SA shall constitute a waiver of any of its rights in terms of this contract.

Entire Agreement

These Terms and Conditions, together with the accepted quotation, constitute the entire agreement between the parties. No representation, warranty, or undertaking not recorded in writing shall be binding on CM Blinds SA.