Introduction – Terms and Conditions of sale

These General Terms and Conditions of Sale (“Terms and Conditions”) apply to all sales of products made by Aerothane Applications (Pty) Ltd, (“Seller”) to any person or entity (“Buyer”) in the Republic of South Africa and abroad. By placing an order with the Seller, the Buyer agrees to be bound by these Terms and Conditions.

1. Orders and Acceptance
All orders for products must be placed in writing and sent to the Seller by email or through the Seller’s website. The Seller will acknowledge receipt of the order by email or through the website. The Seller reserves the right to accept or reject any order in its sole discretion.

2. Prices and Payment
The prices for the products will be as set out in the Seller’s price list or by way of an official quotation, which may be updated from time to time. All prices are quoted in South African Rand and are exclusive of value-added tax (VAT), which will be added at the prevailing rate. Payment must be made in full prior to delivery of the products, unless otherwise agreed in writing by both Buyer and Seller.

3. Delivery
Delivery of the products will be made to the address specified by the Buyer in the order. The Buyer is responsible for ensuring that the delivery address is correct and that someone is available to receive the products. The Seller will use reasonable efforts to deliver the products within the estimated delivery time, but does not guarantee delivery by a specific date or time.

4. Title and Risk
Title to the products will pass to the Buyer upon delivery, provided that the Seller has received full payment for the products. Risk in the products will pass to the Buyer upon delivery.

5. Warranties and Limitation of Liability
The Seller warrants that the products will be free from defects in material and workmanship to the date of delivery. If the Buyer discovers any defect in the products within the warranty period, the Buyer must notify the Seller in writing within 7 days of discovering the defect.
The Seller’s liability for any defect in the products will be limited to either (i) repairing or replacing the defective products, or (ii) refunding the purchase price of the defective products. The Seller will not be liable for any consequential, indirect or special damages arising from any defect in the products.

6. Intellectual Property
The Buyer acknowledges that the Seller owns all intellectual property rights in the products and agrees not to infringe or challenge those rights in any way.

7. Termination
The Seller may terminate these Terms and Conditions and any order for products at any time in its sole discretion by providing written notice to the Buyer. In the event of termination, the Buyer will be liable for any costs incurred by the Seller up to the date of termination.

8. Governing Law and Jurisdiction
These Terms and Conditions will be governed by and construed in accordance with the laws of the Republic of South Africa. Any dispute arising from or in connection with these Terms and Conditions will be subject to the exclusive jurisdiction of the courts of the Republic of South Africa.

9. Entire Agreement
These Terms and Conditions constitute the entire agreement between the Seller and the Buyer with respect to the sale of products and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties.

10. Amendments
The Seller may amend these Terms and Conditions at any time by providing written notice to the Buyer. The amended Terms and Conditions will apply to any order placed after the date of the notice.