Limit of liability
•Kalliergo Pty Ltd shall under no circumstances be liable to the Customer or to any other persons for any loss or damage, whether direct or consequential arising from the use of the products or from any alleged defects in them. Any advice or assistance given I respect of the products, whether concerning suitability, method of application or technical recommendations is given in good faith, but without obligation and specifically to the exclusion of any liability whatsoever on the part of the Company or its staff, whether direct, indirect or consequential and in terms of contract or delict. All data supplied and statements and recommendations made are based on information believed to be reliable, but are made without and representation, guarantee or warranty as to their accuracy. The Company does not warrant that the products are suitable for any particular purpose, and the Customer is responsible for examining the products and deciding on their uses and applications, in order to assess their suitability before being purchased or used.
PAYMENT TERMS
- All Quotes are Valid for a Period of 14 Days
- Standard terms and Agreement of payments are payment of 100% upon placement of the order, unless otherwise agreed in writing by Kalliergo Pty.
- Payments partial or in full for a Invoice or Quote , will be deemed as an acceptance of our Terms and Conditions.
- No order will be built unless full payment is received.
- Client is responsible for any electrical and water supply Work towards the tunnel.
- Client is Responsible for Building Plans and for any Counsel Approval for the Greenhouse
- Client is responsible for cleaning and levelling and preparing ground where the Greenhouse Will be Built
- Client is responsible for security on site during and after delivery and installation Kalliergo Pty will not take responsibility for any theft, vandalism or damages.
- Prices subject to amendment as Supplier may consider reasonable having regard for any subsequent change in Client’s delivery address, transport costs, exchange rate fluctuations or any unanticipated duty or levy, whereupon Client will be notified of the amended pricing.
CANCELLATION
- A 35% Cancellation Fee will be charged on all cancelled orders on the full Invoice/Quoted amount.
- A 50% Cancellation Fee Will be Charged if a Client Cancels 5 Days Before the Building of the Tunnel
- Special Items ordered for projects may not be returned or exchanged .
- Any tunnel plastic or Shade net cut to customers specification may not be returned.
WARRANTY
Even thought the Best Materials fit for Purpose is used in the building of Kalliergo Greenhouses , We cannot Prevent Damages.
- There is a 12 -month warranty on all our products unless otherwise stipulated, thereafter standard fees will apply for the exchange, repair or replacement of any products .
- The warranty only covers faulty workmanship by Kalliergo Pty. Damage caused by the customer, whether accidental or on purpose, is not included. Vandalism by a third party is also not included. Wear and tear is not covered.
- Kalliergo Pty will not be responsible for any damage caused by any act of nature or fire or weights being placed on the Arches that can result in a Broken or Damaged Tunnel.
- Kalliergo Pty do not cover or insure the customer’s crops in the case of structural failures. It is the customers responsibility to have their own insurance in place and the Insurance fit for purpose.
- Kalliergo HDPE Tunnels are not meant for any trellising Plants and thus can cause damage to the Tunnel
- Kalliergo Steel Tunnels are Designed for Carrying vine Plants or Helping to support Plants
- Kalliergo Pty Does not Warrant or Guarantee against any Act of God
- Kalliergo is not responsible for any windstorm- and hail damage or Damages caused from Winds or Hail to the tunnel or Client Property .
INDEMNITY
- The customer agrees that neither he, nor any of his employees, family members or representatives will interfere with or enter the construction site until the site is complete and handed back over to the customer.
- The customer will not have any claim against Kalliergo Pty for any loss, damage or injuries of any nature caused during construction or thereafter.
- No Director, Shareholder, Member, Employee or Independent contractor will be held responsible for any damage caused to customers property on site.
- Delays on site caused by customers will be charged accordingly .
- Kalliergo Pty uses Courier services for Sending Products and it is the Clients responsibility to take out the Relevant transportation Insurance for sending with a Courier, Kalliergo Pty Ltd takes not responsibility for any loss or damage aroused from theft or accident by a courier
Supervening Impossibility:
•The Company shall not be liable for any delay in or failure to perform any of its obligations in terms of this agreement if such delay is directly or indirectly caused by any event beyond its reasonable control.
Non-relaxation or Weaver:
•No extension of time or any other indulgence granted by either party to the other or failure to enforce any right it may possess against the other party shall be deemed in any way to prejudice or derogate from the rights of such party, nor shall it be regarded as a novation of this agreement.
Interpretation, Jurisdiction and Costs:
•Headings are used for convenience only, and shall not be used in the interpretation of this agreement. This agreement shall in all instances be interpreted in accordance with the laws of the Republic of South Africa and the parties herby agree to the jurisdiction of the South African Courts provided that either party shall have the right to bring any dispute before the Magistrates court irrespective of the amount involved. In the event of the Company bringing any legal action against the Customer for the payment of any amount the Customer shall be liable for , all legal costs incurred by the Company on the attorney and the client scale, inclusive of tracing agent’s fees and collection commissions.