1.
1.1 “Supplier” means Modcon Precast (Pty) Ltd, Registration Number [CK2016/315538/07], including its employees, agents, and representatives.
1.2 “Client” means the purchaser of goods and/or services from the Supplier.
1.3 “Goods” means all products supplied by the Supplier, whether manufactured to standard specification or custom‑made.
1.4 “Order” means any request for Goods by the Client, whether verbal, in writing, or via electronic communication, and confirmed by the Supplier.
1.5 “Special Order” means any non-standard item manufactured to the Client’s specifications, including alterations to standard dimensions or finishes.
1.6 “Outside Transport” means any independent third‑party transport service not owned or operated by the Supplier.
2.
Payments
2.1 All Orders require a 100% deposit upon confirmation, unless otherwise agreed to in writing by the Supplier.
2.2 Where alternative payment terms have been pre‑approved in writing, the outstanding balance shall be payable in full prior to delivery of the Goods.
2.3 Production of Goods shall commence only once the deposit/payment has been cleared in the Supplier’s bank account. Electronic Funds Transfers (EFT) may require up to two (2) working days to reflect.
2.4 Clients with approved credit facilities shall make payment within thirty (30) calendar days from the date of invoice.
2.5 Payment must reference the relevant quotation or invoice number.
2.6 The Supplier accepts payment by credit card at its premises or via approved mobile facilities.
2.7 No refunds shall be granted under any circumstances.
2.8 Goods returned, if accepted at the Supplier’s sole discretion, will incur a 30% handling fee. Returns shall be accepted only if the Goods are in resalable condition, accompanied by prior written approval from management, and subject to standard delivery charges for collections.
2.9 Special Orders are non‑returnable and non‑refundable.
2.10 Failure to pay any amount on the due date shall entitle the Supplier, without the need to obtain a court order, to recover and remove the Goods from the Client’s premises.
3.
Quotations
3.1 All quotations are valid for fourteen (14) calendar days from the date of issue, unless otherwise stated in writing.
3.2 Specials may only be quoted on by management.
3.3 No warranties or guarantees are provided on Goods, and all responsibility for the suitability and application of the Goods rests solely with the Client.
3.4 Payment of a quotation shall be deemed full acceptance of its terms and quantities, which the Client acknowledges are correct.
3.5 Manufacture dates shall be provided by management only.
4.
Ordering
4.1 Acceptance of a quotation and payment of the relevant invoice constitutes full acceptance of these Terms and Conditions.
4.2 The Supplier’s standard sizes and product codes are set out in its official catalogue. Any alterations to standard specifications will be deemed a Special Order.
4.3 Incorrectly ordered Goods, once manufactured, shall not be returnable or refundable.
4.4 In cases where the Supplier is able to resell incorrectly ordered Goods, a handling fee will be charged and credit shall only be passed for undamaged, approved pieces.
4.5 Goods must be collected within sixty (60) days of manufacture completion. Failure to collect will entitle the Supplier to sell the Goods to defray costs, without liability to the Client.
4.6 Where delivery has been paid for and the Client delays delivery for more than 60 days from the requested delivery date without written agreement from management, the Supplier may resell the Goods without refund.
5.
Delivery
5.1 No delivery shall occur unless the Supplier has received full payment.
5.2 All risk in and responsibility for the Goods passes to the Client upon delivery.
5.3 Delivery personnel are not authorised to install or assemble Goods.
5.4 Indoor delivery shall be at the Client’s sole risk and must be authorised in writing before the delivery date.
5.5 Unless otherwise agreed in writing, Goods will be off‑loaded no more than 3–5 metres from the delivery vehicle.
5.6 Claims for shortages or damages must be recorded on the delivery note at the time of delivery, failing which no such claims will be entertained.
5.7 Delivery times are estimates only and the Supplier shall not be liable for penalties, damages, or losses due to late delivery, including delays caused by weather conditions.
5.8 Large or heavy Goods require unobstructed carrying access. Supplier personnel will not carry Goods upstairs or through narrow passages where safety may be compromised.
5.9 Deliveries must be cancelled at least 24 hours in advance; failure to do so will result in the full delivery fee being charged.
5.10 Delivery prices may be adjusted for fuel price changes or toll rate increases.
5.11 Where Outside Transport is used:
(a) No labour or crane facilities are provided unless otherwise arranged.
(b) Bookings must be made at least 3–4 weeks in advance.
(c) No credit will be issued for pallets returned to Outside Transport companies.
(d) The Client must confirm delivery addresses in writing and ensure any access documentation is arranged in advance.
(e) The Supplier accepts no liability for damage caused during Outside Transport.
(f) The Client must notify the Supplier of road conditions, including gravel roads, floods, or erosion, that may affect delivery.
6.
Collections
6.1 Collections must be completed before 15:30 Monday–Thursday and before 15:00 on Fridays, unless otherwise arranged in writing.
6.2 Clients must provide at least 24 hours’ notice prior to collection.
6.3 The Supplier shall not be liable for any damages caused during loading where due care has been exercised.
6.4 Goods not collected on the agreed date will incur storage costs from that date and may be sold to recover costs.
6.5 Drivers collecting Goods must check all items before leaving the premises. The Supplier shall not be responsible for damages once Goods have left the premises.
6.6 Open‑sided vehicles are preferred for collections. Loading from the rear may cause delays and potential damage.
7.
Installation
7.1 The Client shall ensure walls and surfaces are level and plumb prior to installation. Any corrective work or delays will be charged for.
7.2 All power, scaffolding, and specialised jointing materials must be supplied by the Client.
7.3 Datum lines must be provided by the Client and clearly marked.
7.4 The Supplier shall not be liable for damage to waterproofing when instructed to install over it.
7.5 All site instructions must be in writing before work commences.
7.6 The Supplier is not liable for penalties due to delays beyond its control.
7.7 Any variation to the original quote requiring additional material or labour will result in a price adjustment.
7.8 Once installed, Goods damaged by others will be repaired or replaced at the Client’s cost.
7.9 The Supplier shall not be liable for consequential damages under any circumstances.
7.10 Work will only be carried out on scaffolding certified as safe by a qualified inspector.
8.
General Provisions
8.1 These Terms and Conditions constitute the entire agreement between the Supplier and the Client, and supersede any prior communications.
8.2 The Supplier may amend these Terms and Conditions at any time by publishing an updated version on its website. The live version on the website at the time of contracting shall prevail.
8.3 The Client agrees that by placing an Order and/or making payment, they have read, understood, and accepted these Terms and Conditions in full.
8.4 Any relaxation or indulgence granted by the Supplier shall not constitute a waiver of its rights.
8.5 Governing Law: These Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of South Africa.
8.6 Jurisdiction: The parties consent to the exclusive jurisdiction of the Magistrates’ Court, notwithstanding that the amount in dispute may exceed its normal jurisdiction.
if you have any concerns or queries regarding our terms and conditions, please do not hesitate to email us on
info@modconprecast.co.za