Terms & Conditions
Terms & Conditions
Seller = KBS Invest (PTY) LTD
Manufacturer = Tile Manufacturer
1.Any price lists displayed, distributed, or issued by the Seller are for informational purposes only and are subject to change without prior notice. They do not constitute offers to sell at the listed prices, which may vary based on cost changes and currency fluctuations prior to the Customer's acceptance.
1.1 Delivery dates are approximate and are provided for guidance only. Time shall not be considered of the essence of the contract unless expressly agreed to in writing by the Seller. The Purchaser shall have no claim of any kind arising from any delay in delivery, whether due to the reasons outlined in Clause 1 or any other cause whatsoever.
1.2 The Seller shall not be held liable for any delays resulting from machinery breakdowns, strikes, civil unrest, labor disputes, accidents, government orders or regulations, Acts of God, force majeure, or any other causes beyond its control.
1.3 While the Seller makes every effort to improve the daily availability of goods, it remains the Purchaser's responsibility to procure goods well in advance and in accordance with site requirements to avoid placing undue pressure on all parties involved.
1.4 The Purchaser shall make all payments via Electronic Funds Transfer (EFT).
1.5 Full payment is required upon order confirmation, unless alternative arrangements have been agreed upon in advance with the Seller.
2.1 The Seller makes no warranty, express or implied, regarding manufacturing defects or the fitness of the goods supplied. The Purchaser shall have no claim against the Seller in this respect.
2.2 In the event that the goods do not conform to the stated specifications, the Seller shall not be liable for any damages of any kind, whether direct, indirect, or consequential.
2.3 All goods are quality controlled by the Seller to the best of its ability. However, it remains the Purchaser's responsibility to inspect all delivered goods/products for defects before installation, in accordance with the manufacturer's terms outlined on the packaging.
2.4 The Seller shall not be held liable, legally or otherwise, for any failure to adhere to specifications, or for any defective or quality-compromised products produced by its manufacturing suppliers.
2.5 The Purchaser shall have no claim against the Seller for any manufacturing issues related to the supplied product.
2.6 The Purchaser shall inspect all products prior to installation, in accordance with the manufacturer's guidelines.
2.7 The Manufacturer will inspect the alleged product to verify conformity with specifications, adherence to proper tiling practices, and the use of appropriate tiling materials. Additionally, the Manufacturer will assess the workmanship of any subcontractors involved in the installation of the tiles.
2.8 Please note that actual tile colors may differ from those displayed on screen. While every effort is made to accurately represent tile colors in photographs, variations may occur due to differences in screen displays. Screen calibration can affect how tile colors appear. KBS Invest (pty) ltd is not responsible for such variations and will not honor return claims based on color discrepancies.
2.9 It is the Purchaser's responsibility to ensure that appropriate and suitable cleaning agents are used on the tiling products. Any defects, variations, or damage resulting from the use of incorrect cleaning materials will not be addressed by the Supplier or Manufacturer.
2.10 The Fair Wear and Tear policy applies. Scratches, marks, or other damage resulting from normal wear and tear over time will not be considered defects in the product.
2.11 The risk associated with the goods will transfer to the Purchaser upon delivery to them or their authorized agent. If delivery is refused, the risk will pass to the Purchaser once the Seller has offered the goods for delivery.
2.12 The Seller will not accept any claims for shortages, breakages, or defects unless the delivery note is marked accordingly, and the Purchaser notifies the Seller in writing within 7 (SEVEN) days of receiving the goods.
2.13 It is the responsibility of the Purchaser, or their authorized agent, to inspect all delivered goods for defects before signing the delivery note.
2.14 The Seller makes no express or implied warranty regarding the materials, workmanship, or fitness of the goods for any specific purpose.
2.15 If the goods do not meet the specified requirements or specifications, the Seller will not be liable for any damages, whether direct or consequential. The Seller's liability is limited exclusively to the replacement of the goods in question.
2.16 Notwithstanding the above, the Purchaser shall have no claims of any kind against the Seller for alleged defects, color variances, or any other issues once the goods have been laid by the Purchaser or permanently affixed in any way.
3. The risk in the goods will transfer to the Purchaser upon delivery to them or their authorized agent, or if delivery is refused, when the Seller tenders delivery.
3.1 The Seller will not accept any claims for shortages, breakages, or defects unless the delivery note is marked accordingly, and the Purchaser informs the Seller in writing within 7 (SEVEN) days of receiving the goods.
3.2 The Purchaser, or their authorized agent, is responsible for inspecting all delivered goods for defects before signing the delivery note.
3.3 Claims for tonality differences or any other defects will not be considered unless made before the goods are fixed.
4. The Purchaser agrees and consents that the Seller has the right, at its discretion, to initiate any legal proceedings arising from or related to this Agreement in any Magistrate's Court with jurisdiction under Section 28 of the Magistrate's Court Act No. 32 of 1994, as amended, even if the claim or the value of the matter exceeds the jurisdictional limits of such a court for the relevant cause of action.
4.1 If the Seller is required to initiate any legal proceedings arising from or related to this Agreement, the Purchaser acknowledges that they will be responsible for all costs incurred in instituting the action, including legal costs on the scale between attorney and client.
4.2 However, it is agreed that the Seller has the right, at its discretion, to initiate any legal proceedings against the Purchaser in the Supreme Court of South Africa.
5. If the Signatory signs on behalf of the Purchaser, the Signatory warrants that they are duly authorized to do so. In the event that the Signatory is not authorized, they specifically acknowledge that they will be personally liable to the Seller for any amounts due and payable to the Seller under the Agreement.
6. The Purchaser acknowledges and agrees that no representations, statements, or warranties made by the Seller or anyone acting on its behalf, and not included in this Agreement, have influenced the Purchaser’s decision to enter into this Agreement. The Seller will not be held responsible for any representations made by their representatives, employees, or agents, except as expressly stated in this Agreement.
7. Refunds will be processed for cancelled orders, provided they are accepted by the Seller.
8. Refunds and returns are not allowed on clearance, end-of-range, or promotional stock.
KBS Invest Pty Ltd will handle any issues or complaints on behalf of our customers with the manufacturers regarding 1st grade tiles, with the outcomes determined by the manufacturer.
Before laying the tiles, it is the purchaser's responsibility to check the tonality and specifications of the product. According to the manufacturer, once the tiles are laid, they are considered accepted.
By signing the delivery note, the purchaser confirms that all boxes have been checked, and any breakages found are noted for replacement.
The correct and appropriate products, adhesives, and accessories must be used for the laying and handling of the tiles.
Errors and omissions accepted.