1. Scope of Application
These Terms and Conditions apply to all business relationships between MAX Tarpaulins and Supplies (hereinafter "Max Tarps") and its customers. They govern the sale, delivery, and servicing of tarpaulins and related products, including custom-manufactured items. Deviating conditions of the customer shall not apply unless Max Tarps has expressly agreed to them in writing.
2. Offers and Conclusion of Contract
All offers made by Max Tarps are non-binding unless explicitly stated otherwise. A contract is concluded only upon written order confirmation by Max Tarps or upon delivery of the goods.
Descriptions, illustrations, and technical data in catalogues or on this website are approximate values only and are not binding unless explicitly confirmed in writing.
3. Prices and Payment
All prices are quoted ex works (EXW) and are exclusive of packaging, freight, insurance, and applicable VAT unless stated otherwise. Payment is due within 30 days of invoice date without deduction unless agreed otherwise in writing.
In the event of late payment, Max Tarps reserves the right to charge statutory default interest and to withhold further deliveries until outstanding amounts are settled.
4. Delivery and Transfer of Risk
Delivery times are approximate and non-binding unless explicitly confirmed in writing as fixed dates. Delays caused by force majeure, labour disputes, or other circumstances beyond Max Tarps's control shall not give rise to claims for damages.
Risk passes to the customer upon handover of the goods to the freight carrier or, in the case of collection, upon notification that the goods are ready for collection.
5. Retention of Title
All delivered goods remain the property of Max Tarps until full payment of all outstanding claims has been received. The customer is not permitted to pledge or transfer ownership of goods subject to retention of title prior to full payment.
6. Warranty and Defects
New systems are subject to the statutory warranty period of 24 months from delivery. Used and overhauled systems are sold with a warranty period of 12 months from delivery unless otherwise agreed in writing.
Defects must be reported in writing without delay and no later than 7 days after delivery. Max Tarps's liability for defects is limited to repair or replacement at Max Tarps's discretion. Further claims, in particular claims for consequential damages, are excluded unless caused by gross negligence or wilful misconduct.
7. Limitation of Liability
Max Tarps's liability for damages is limited to foreseeable, contract-typical damage in cases of slight negligence. Liability for indirect damages, loss of profit, or consequential losses is excluded to the extent permitted by law. This limitation does not apply to liability for personal injury or damages caused by wilful misconduct or gross negligence.
8. Applicable Law and Jurisdiction
These Terms and Conditions and all contractual relationships between Max Tarps and its customers are governed exclusively by the laws of the Republic of South Africa, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). The place of jurisdiction for all disputes arising from or in connection with this contract is Vereeniging, South Africa.
9. Contact
MAX Tarpaulins and Supplies
11 Patton St, Duncanville
Vereeniging, 1939, South Africa
Phone: 016 285 0090
Email: lynette@maxtarps.co.za
