- PARTIES AND DEFINITIONS
1.1 “Supplier” means LTM Energy (Pty) Ltd a Company duly registered under the laws of the Republic of South Africa;
1.2 “Customer” means any person, firm, company, corporation or other legal entity whose details appear the quotation of which these Conditions form part;
1.3 “Goods and/or Services” means any goods provided and/or services rendered, whichever is applicable, by the Supplier (LTM Energy) to the Customer in terms of the specifications required by the Customer and as described in the quotation;
1.5 “Contract” means the contract for the sale and purchase of the Goods and/or Services, incorporating these Conditions.
1.6 “Manufacturer” means the company that produces the goods.
2.1 The contractual relationship between LTM Energy and the Customer shall be subject to these Standard Terms and Conditions (“Conditions”) and no addition or variation shall apply unless agreed to in writing.
2.2 The provision of the quotation for the provision of Goods and/or Services to the Customer by LTM Energy shall be deemed to be an offer by LTM Energy to provide the Goods and/or Services as stipulated in the quotation and which is subject to these Conditions.
2.3 No quotation shall be deemed to be accepted by the Customer until a written acknowledgment and acceptance thereof is issued by the Customer.
2.4 The Customer shall ensure that the terms of the quotation, and any applicable specifications, are complete and correct.
2.5 Any quotation is given on the basis that no Contract shall come into existence until the Customer dispatches an acceptance thereof to LTM Energy. Quotations are open for acceptance within the period of 30 (thirty) days from the date it is dated unless withdrawn by LTM Energy or the Customer during that time.
2.6 Prices quoted are inclusive of Value Added Tax unless otherwise specified in writing.
- WARRANTIES AND LIMITATIONS OF LIABILITY
3.1 LTM Energy shall be sourcing quality products from reputable Manufacturers which will be used by LTM Energy to design and plan the Systems as required by the Customer and in terms of the Customer’s needs. The Systems shall be installed by LTM Energy according to the specifications designed by LTM Energy and as required by the Customer. LTM Energy warrants that it has the necessary expertise to install the System and in this regard provides the Customer with a 2-year installation warranty on such installation of the systems.
3.2 LTM Energy provides no warranty in respect of the individual components supplied by the Manufacturer and used in the Systems installed. LTM Energy has no Liability for replacement or repair thereof or other damages in connection therewith. LTM Energy shall however advise the Customer with the individual warranties provided to it by the direct suppliers of the products thereof. Should the Customer experience issues with any such product not relating to the installation of the Solar-Photovoltaic and battery backup System, LTM Energy shall assist the Customer with contacting the direct Manufacturer / distributor / supplier of the product in issue.
3.3 LTM Energy shall not be liable for any damage or loss resulting from the installation of the System other than as a result of gross negligence of LTM Energy or its representatives.
3.4 LTM Energy does not warrant or guarantee and is not responsible for: Defects, failures, damages or performance limitations caused in whole or in part by power failures, surges, fires, floods, snow, ice, lightning, excessive heat or cold, highly corrosive environments, accidents, actions of third parties, or other events outside the Supplier’s control, or customers abuse, mishandling, misuse, negligence, improper storage, servicing or operation, or unauthorized attempts to repair or alter the equipment in any way. LTM Energy shall not be liable for any damage, loss or injury resulting from any misuse of the System installed. Furthermore, LTM Energy will not be liable for any use of the solar-Photovoltaic and/ or battery backup system which is not in accordance with the prescribed manner or the purpose for which LTM Energy designed or intended such system to be used.
3.5 This document read with the quotation contains the entire agreement between LTM Energy and Customer and no party shall be bound by any undertakings, representations, warranties, promises or the like not recorded herein.
Risk in the Goods shall pass to the Customer when they are received or delivered to the Customer’s premises. The Supplier cannot be held liable for any damages that occur to the goods once delivery has been made.
- RESERVATION OF OWNERSHIP
Until payment has been made by the Customer in full, all legal and equitable ownership of the System supplied shall remain with LTM Energy.
6.1 The customer shall be obliged to make payment to LTM Energy as indicated on the terms of the quotation accepted by the customer and invoices issued thereafter.
6.2 In the event of the Customer failing to make payment of the various installments as provided for hereinabove, LTM Energy shall have the right to hold off on the installation of the System until such time as payment had been received. The Customer shall have no claim of whatsoever nature against LTM Energy as a result of such a delay in the installation of the system due to non-payment by the Customer.
- FORCE MAJEURE
LTM Energy shall not be liable for any loss or damage caused by the non-performance or any delay in performance of any of its obligations hereunder arising out of any matter beyond LTM Energy‘s control including but not limited to acts of God, war (whether declared or not) or sabotage, fire, drought, flood, excessive rainfall, riots or civil commotion, strikes, lockouts or other trade disputes (whether or not involving employees of LTM Energy), breakdown of machinery, transport delays or interruptions, Government restrictions or regulations, delay in delivery by LTM Energy’s suppliers or delay caused by obtaining unsuitable materials which will require replacement with suitable materials.
In the event that either party (“the defaulting party”) to this Contract breaches any material term hereof and fails to remedy such breach within 20 (twenty) days of the date of receipt of a written notice from the other party (“the aggrieved party”) requiring such breach to be remedied, the aggrieved party will be entitled immediately to cancel this contract by written notice to the defaulting party, which cancellation will be without prejudice to any other rights which the aggrieved party may at law enjoy arising out of such breach and/or cancellation.
All notifications referred to in these Conditions must be in writing and sent by electronic mail to the electronic mail addresses as indicated on the LTM Energy quotation.
- NO WAIVER
No waiver or indulgence of whatsoever nature shall be of any force of effect, including a waiver or indulgence in respect of this clause 12, unless it is reduced to writing and signed by and on behalf of the Parties.
- GOVERNING LAW AND JURISDICTION
In terms of Section 45 of the Magistrate’s Court Act of 1944, the Customer hereby consents to the jurisdiction of the District Magistrate’s Court having jurisdiction in terms of Section 28 of the said Act in respect of any action to be instituted against the Customer by LTM Energy in terms of this Contract.
- LEGAL COSTS
Should LTM Energy have to take any legal action against the Customer to enforce its rights in terms of these Conditions, the Customer shall pay all legal costs, including collection commission and VAT, incurred by LTM Energy on an attorney and own client scale.
15.1 No terms or conditions contained in any quotation, proposal or other document issued by LTM Energy that are at variance with the conditions contained herein shall be valid and these conditions shall not be capable of variation except by express written agreement signed by or on behalf of the Customer and on behalf of a Director of LTM Energy.
15.2 The Customer will furnish LTM Energy with the correct information regarding the System Pre-Qualifying questionnaire, building layout, address as well as the contact information.