Blind & Shutter City Terms & Conditions

1. All our quotations and services are subject to these terms and conditions. If you agree to our quotation, or make payment to us (partial or full), you confirm that all information in the quotation is correct, and that you understand and accept our quotation and these terms and conditions.
2. Unless otherwise specified, this quotation is valid for 14 calendar days, thereafter prices are subject to change.
3. Any delivery dates quoted are estimates and are subject to change.
4. A deposit of 70% of the quotation amount is required before goods are ordered.
5. Upon receipt of the deposit (reflecting on our bank statement), we will order the goods from the factory. Goods are purpose made to fit your home, and therefore orders cannot be altered, cancelled or refunded. For the same reason, we cannot resell or alter them once ordered, and you therefore become responsible for payment of the full quotation amount upon accepting our quotation. Therefore, please ensure that the quotation is correct.
6. Estimated manufacture periods for local goods are 2-3 weeks, and 4-8 weeks for imported goods. These time periods may be exceeded for various reasons, and we cannot provide a guarantee nor accept liability in this respect. Orders are accepted subject to stock availability, and we shall not be liable in respect of any delays in delivery of the goods ordered. We reserve the right to deliver/ install goods in two or more instalments.
7. Upon our receipt of the goods from the factory, the remaining 30% of the quotation amount will be payable on the day of installation.
8. Delivery shall be completed when we have installed the goods at their destination, or, where you have chosen to collect the goods or have them collected from our premises, when the goods arrive at our premises from our supplier.
9. Notwithstanding the aforesaid of any term in this agreement, installation shall be deemed completed against signature of our delivery note by you or your representative.
10. Risk transfers to you upon completion of installation as above.
11. In the event that a courier is engaged on your behalf, it is agreed that the courier acted as your agent.
12. We shall not be liable under any circumstances for any complaint or claim for any shortage in delivery or defect in the goods unless written notice is received by us within 48 hours after installation of the goods.
13. By installing or allowing the goods to be installed, you hereby accept that you have had the opportunity to inspect the goods and that you accept their condition.
14. Ownership of any such goods above shall vest in us until the quotation amount has been paid for in full. We shall be entitled to remove goods installed, at your cost, if payment to us is not made. In such case, you agree to indemnify us from all claims arising herefrom.
15. Ownership of all goods and services leased from us vests in us at all times.
16. Upon our completion of the project, any defects must be communicated to us within 7 calendar days of our completion, failing which it will be deemed that you have accepted the goods and services.
17. In the event that you choose to collect goods from our premises instead of us delivering them to you, then you agree to indemnify us from theft or damage to the goods while at our premises.
18. A reasonable daily storage fee will be incurred for goods not collected from our premises after 30 days from their arrival.
19. Please note that all blinds are fragile and you agree to operate them correctly and treat them with care. Instruction manuals for various blind systems are available on our website or on request.
20. CHILD SAFETY NOTICE: In accordance with the newest international standards concerning Child Safety, the length of operation chains and cords will be limited to a maximum of 1000mm for blinds up to 2500mm, when supplied on Luxaflex brands. In the event that you order special operation lengths or looped cords that are non-compliant to Child Safety Regulations, you hereby certify that children do not have free access to the spaces where these blinds will be installed, and indemnify us from all claims arising herefrom.
21. A statement of account signed by any manager at Blind and Shutter City (whose status and authority shall not need not be proved) containing a statement that the debt is payable, the amount payable, the applicable interest rate, and the date from which such interest is calculated, shall be prima facie proof of all amount owing to us and to third parties, and of the other facts stated therein; and you shall bear the onus of proving that such statement is incorrect.
22. You agree that payment shall only have been made to us when it has been received into our bank account.
23. You shall not be entitled to withhold or set off amounts due to us, for any reason.
24. Interest of 2% per month (alternatively the legislated maximum) will be payable on all amounts owing to us in arrears in excess of 30 days.
25. Customers having a credit facility with Blind and Shutter City shall make payment within 7 (seven) days of date of statement unless otherwise agreed in writing.
26. The price of goods sold to the purchaser is strictly net and not subject to any discounts unless otherwise agreed to in writing. In the event that a discount is agreed to in writing it shall only be allowed if payment is received by Blind and Shutter City strictly by the due date and shall only apply to the actual price of the goods themselves and not to any value added tax, transport costs, installation charges, insurance storage charges or other duties or taxes.
27. All payments are to be made without deduction of any kind and will be free of exchange, bank costs and other charges and will be paid at the address reflected on the face hereof, or such other address as Blind and Shutter City may elect from time to time in writing.
28. If at any time payment is not made on due date, or if the purchaser’s credit limit with Blind and Shutter City has been exceeded then, without prejudice to any other legal remedy which we may have in law, Blind and Shutter City may:
29. charge interest on the amount due at the bank prime rate, which shall mean the prime overdraft rate charged by our bankers to members of the private sector on unsecured overdraft facilities; and/or
30. without prior notice, defer further deliveries or performance in terms of this agreement until payment is made; and/or
31. upon written notice forthwith cancel the remainder of the agreement and recover from the purchaser all the monies then due or owing by the purchaser for goods already delivered and payment for such damages as Blind and Shutter City may have sustained.
32. You may not sell, cede, assign, delegate or in any other way alienate or dispose of any of your rights and obligations in terms of this Agreement without our prior express written approval. We shall be entitled to sell, cede, assign, delegate, alienate, dispose of or transfer any or all of our rights and obligations in terms of this Agreement to any third party without your consent, and without notice to you.
33. We reserve the right to amend our terms and conditions, prices and other policy documents from time to time on written notice to you, or by publishing any new version of the Agreement on our Website.
34. Any new version of this Agreement published on our website will become effective 30 days after the date on which it is first published. It is your obligation to visit our Website on a regular basis in order to determine whether any amendments have been made.
35. Any change in terms of this clause does not cancel your agreement with us.
36. Please note that, in this age, every business uses customer information, and your consent in terms of the Protection of Personal Information Act (“POPI”) is therefore required. You therefore consent to our use and processing of your personal information in terms of POPI.
37. You further consent that we may obtain credit reports on you from the credit bureaus.
38. The Surety named in this and all other agreements with us, signs as surety and co-principal debtor for the due fulfilment of your obligations to Blind and Shutter City.
39. You warrant that all the information furnished to us by you or on your behalf is correct, and that you shall forthwith notify us in writing of any changes in this information.
40. You warrant that you are not commercially insolvent, that your assets exceed your liabilities, that credit, if any, granted by us has not in any manner or form been extended recklessly, and that you are not over-indebted.
41. Installation of goods may require drilling or removal of building material and resultant defacing of painted areas. You warrant that the locations in which you instruct us to install goods are capable of supporting such goods and are free from pipes, electrical wiring and other sub-surface installations, and indemnify us from any claims arising herefrom.
42. Blinds are a shade system. They are not waterproof products and should not be treated as such.
43. If you are ordering goods or services from us on behalf of another person (juristic or otherwise) then you warrant that you are duly authorised to do so, and accept personal liability in the event that said person denies any obligation under this agreement.
44. Our liability to you for any reason is limited to the full extent permitted by law. You agree to indemnify us for any lost profits, revenues, information or data; consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to this Agreement.
45. All warranties on our goods are carry-in warranties – this means that you are responsible for returning the goods to our store. We can assist with dismantling and collecting goods on request, but at a cost to you according to our usual transport and labour rates.
46. All Luxaflex blinds carry a 5 year limited warranty from date of purchase from Hunter Douglas SA (3 years on fabrics and cords with an extra 2 years on the mechanisms). The first 2 years of guarantee is free of charge, years 3-5 only covers the component cost. Other blinds carry 2-year warranty by the manufacturing company. Normal wear and tear and environmental damage excluded. Detailed warranty information will be made available on our website
47. Awnings: note that silicone is a consumable material and does not last indefinitely. Silicone lasts approximately 3-5 years and should be replaced thereafter. The cost of this is not included in our quotation. We can assist with re-application of silicone, but at an additional cost to you according to our usual transport and labour rates.
48. We (including any third party for which we are responsible) will not be responsible for any loss resulting from, inter alia: any circumstances beyond our control, cybercrime, mistakes, omissions, uncontrollable natural forces in operation, strikes or labour disputes, riot, civil commotion or unrest, any type of restriction imposed (or action taken) by a government or statutory authority or any other third party; any service interruption, delay, power cuts, failure or malfunction in any equipment, electronic data terminal, network or other system.
49. To the fullest extent permitted by law, we also disclaim all warranties be they explicit or implied, including but not limited to implied warranties of fitness for a particular purpose, title, and non-infringement.
50. Our liability to you shall be limited to an amount equivalent to the proportionate value you paid for the goods or services.
51. You may not cede or transfer any of your rights or obligations (duties) in this Agreement without our prior written consent.
52. Notwithstanding termination of this agreement, you shall be liable to pay for all good and services provided.
53. Should either Party commit a breach of any provisions of this agreement and fail to remedy such breach within 10 days of receiving written notice from the aggrieved Party requiring it to remedy the breach, then the aggrieved Party shall be entitled, without prejudice to its other rights in law, to cancel this agreement or to claim specific performance without prejudice to its right to claim damages.
54. If you fail to pay any amount under this agreement on due date, then we shall be entitled without prejudice to any of our rights to suspend the Services in whole or in part.
55. Notwithstanding anything to the contrary in this Agreement, Blind and Shutter City shall be entitled to cancel this Agreement forthwith, without notice and without prejudice to any other rights as to damages or specific performance or otherwise which it may have at law if the Customer: is provisionally or finally sequestrated, compromises or attempts to compromise with any creditor, commits any act of insolvency, or misrepresents or conceals any fact or matter concerning or incidental to this Agreement.
56. “Agreement” – These terms and conditions as read together with the schedule of the face hereof;
57. “Day” means a calendar day;
58. “Juristic Person” means a company or close corporation and includes a body corporate, partnership, association or trust;
59. “Blind and Shutter City”, “we”, “us” and “our” means Blind and Shutter City (pty) LTD;
60. “Services” – means the services we provide to you, including but not limited to delivery and installation;
61. “You” or “your” or “Customer” means the person whose details appear on the face hereof, and includes the Surety;
62. “Surety” means the natural person who signs surety for the person contracting with us;
63. “Website” means www.blindcity.co.za.;
64. “Written notice/in writing” means notification in any tangible or electronic or printed form including email messages.
65. “Uncontrollable Event” means (including without limitation) any fire, flood, earthquake, elements of nature or acts of God, riots, civil disorders, rebellions or revolutions in any country or any other cause beyond the reasonable control of Blind and Shutter City including the termination or suspension of a service or product provided by a third party suppliers, that may result in a delay or a failure to provide any product or service; and
66. The headings of the paragraphs are for the purposes of convenience and reference only and shall not be used in the interpretation of nor modify nor amplify the terms of this agreement or any paragraph hereof.
67. 64. Unless a contrary intention clearly appears, words importing –
68. any one gender include the other gender;
69. the singular includes the plural and vice versa; and
70. natural persons include created entities (corporate or unincorporated) and the State and vice versa.
71. Unless the context clearly indicates otherwise, the terms defined herein shall throughout this agreement have the meanings assigned to them, and cognate expressions shall have corresponding meanings. If any provision in a definition is a substantive provision conferring rights or imposing obligations on any Party, effect shall be given to it as if it were a substantive provision of this agreement.
72. Where any term is defined within the context of any particular paragraph in this agreement, the term so defined, unless it is clear from the paragraph in question that the term so defined has limited application to the relevant paragraph, shall bear the same meaning as ascribed to it for all purposes in terms of this agreement.
73. A reference to “this/the agreement” includes all Annexures and Schedules. Except where the contrary is indicated, any reference in this agreement to this agreement or any other document shall be construed as a reference to this agreement or the relevant document as amended, varied, novated or supplemented.
74. Any reference in this agreement to “date of signature” shall be read as meaning a reference to the date of the last signature to this agreement.
75. The use of the word “including”, “include” or any derivative thereof followed by a specific example or examples shall not be construed as limiting the meaning of the general wording preceding it.
76. When any number of days are prescribed in this agreement, same shall be reckoned exclusively of the first and inclusively of the last day unless the last day falls on a Saturday, Sunday or public holiday, in which case the last day shall be the next succeeding day which is not a Saturday, Sunday or public holiday.
77. Where figures are referred to in numerals and in words, if there is any conflict between the two, the words shall prevail unless the context clearly indicates otherwise.
78. A reference to any legislation or legislative provision includes any statutory modification or re-enactment of, or legislative provision substituted for, and any rules, regulations or notices issued under that legislation or legislative provision.
79. The parties agree that the validity, interpretation and/or enforcement of this agreement will be governed by the laws of the Republic of South Africa.
80. The rights, powers and remedies provided in this agreement are cumulative with and not exclusive of the rights, powers or remedies provided by law independently of this agreement unless such rights, powers or remedies are expressly excluded.
81. The expiration or termination of this agreement shall not affect such of the provisions of this agreement as expressly provide that they will operate after any such expiration or termination or which of necessity must continue to have effect after such expiration or termination, notwithstanding that the paragraphs themselves do not expressly provide for this.
82. The rule of construction that the contract shall be interpreted against the Party responsible for the drafting or preparation of the agreement, shall not apply.
83. Should any Annexures or Schedules attached to this agreement deviate from or be at variance with the provisions of the main part of the agreement, the latter shall prevail unless specific reference is made to such deviation on the said Annexure or Schedule citing the paragraph of the main part of the agreement that is amended by such deviation.
84. You nominate the address you provide to us for installation, whether by filling in our form or by communicating it to us otherwise, or that we fill in for you on our quotation, as your domicilium citandi et executandi for all purposes in connection with this agreement at the physical addresses and email addresses set forth on the face hereof.
85. The agreement constitutes the entire agreement between the parties in regards to the subject matter thereof. Neither party shall be bound by any representation, express nor implied term, promise or the like not recorded herein or reduced to writing and signed by the parties or their representatives. No addition or variation of this agreement shall be of any force or effect unless in writing and signed by or on behalf of the parties.
86. No indulgence that we may grant to you shall constitute a waiver of any of our rights.
87. South African law shall apply to this Agreement.
88. Should any provision of this agreement, or part thereof, be invalid, then it shall be severable from the rest of the agreement, without invalidating the rest of this agreement.
89. The parties consent to the jurisdiction of the Magistrate’s Court in terms of section 28 of the Magistrates Court Act 32 of 1944, notwithstanding that any amount in dispute may exceed the monetary jurisdiction of said court; and provided that Blind and Shutter City shall be entitled to elect to proceed in the High Court at its sole discretion.
90. In the event that Blind and Shutter City institutes legal action in terms of this agreement, you agree to be liable for Blind and Shutter City legal costs on the attorney-and-own-client scale.
91. Neither party shall be bound by any express or implied term, representation, warranty, promise or the like not recorded herein.
92. No addition to, variation, or agreed cancellation of this agreement shall be of any force or effect unless in writing and signed by or on behalf of the parties.
93. The relevant Product/Service Specific Terms will apply if there is any conflict between them and the Terms in this agreement.
94. If Blind and Shutter City is prevented or restricted directly or indirectly from carrying out all or any of its obligations under this agreement due to any reason or cause beyond their control of Blind and Shutter City or by reason or force majeure, Blind and Shutter City shall be relieved of their obligations in terms of this agreement during such period.