TERMS AND CONDITIONS OF INSTALLATIONS
Nano Cool requires a deposit of 75% to confirm the reservation for the installation of air conditioning and ventilation systems. Nano Cool may impose a cancellation fee in the event of cancellation before the date of installation. The fee will depend on the nature of the reservation, the length of notice of cancellation before the reservation, the reasonable potential to find alternative clients for the air conditioning and ventilation systems, and the reason for cancellation. No refunds on deposits in the event of cancellation for already ordered/made Special–Order Goods. A Call out fee will be charged on all cancellations of appointments if we are already in the proximity of the client’s premises.
Please choose carefully Nano Cool does not normally give refunds with regards to Air Conditioning and Ventilation systems and or components installed if the client simply changes his/her mind or make the wrong decision. The client can choose between a refund, exchange, or repair, where the Air conditioning and ventilation systems and or components have been proven as defective within the warranty period or within 10 business days the materials are wrongly described, different from the sample shown to you or do not perform. If the Air Conditioning and Ventilation systems and or components are installed, affixed amended we will not accept a return of the systems unless defective. We may charge a handling fee if the return is accepted by management.
Notwithstanding anything to the contrary Nano Cool’s’ obligation to install the Air Conditioning and Ventilation systems shall in all cases be subject to the following:
(a) Whilst installation times are given in good faith and Nano Cool will use every endeavour to comply therewith, no responsibility can be accepted for any loss or damage incurred by the Client on account of any delay in installation arising out of any circumstances beyond Nano Cool’s’ control, which circumstances will include, but in no way be limited to:
- any delays in the supply of Air conditioning and ventilation systems and or components by Nano Cool’s Service Providers which cannot be directly or indirectly attributed to them;
- the Client/their employees’ instructions with regard to the specifications of the Air conditioning and ventilation systems and or components is inaccurate. If the specifications supplied are incorrect/altered Nano Cool reserves their right to change the amount quoted accordingly;
- If the Client/employees does not provide Nano Cool with the necessary access to the premises where the Air conditioning and ventilation systems will be installed in order to determine the necessary specifications of the work to be undertaken;
- Any delays due to freight services;
- Any delays in installation due to adverse weather conditions;
- if the balance of the purchase price payable on the date of reservation is not payable on the date of anticipated delivery.
Nano Cool will communicate an unavoidable delay in the delivery.
Nano Cool warrants its Clients that the Air Conditioning and Ventilation Systems and components which have been supplied and/or installed by the Company shall be free from defects and subject to the following:
- The warranty is effective for a period of six months. The date is determined from date of delivery and will the Client be entitled to either request a refund; replacement or repair of the Air Conditioning and Ventilation systems and components supplied if it is deemed to be defective within such period;
- Nano Cool shall not be liable or responsible in any way for any damages of whatsoever nature, including consequential and penal damages, caused by or due to any failure of operation or malfunction of the Air Conditioning and Ventilation systems and or components, unless such damages can be attributed to any circumstances reasonably within the control of Nano Cool.
- The warranty shall immediately be rendered null and void in the event of any of the following:
- Any alterations or modifications or addition made to the Air conditioning and ventilation systems and or components supplied, without the prior consent of Nano Cool;
- Failure to use the Air conditioning and ventilation systems and or components in accordance with the instructions and specifications of Nano Cool;
- General misuse and abuse of the materials supplied;
- Any damage caused by fire, flood, civil disturbance, load shedding or act of God;
- The client not having its original Tax Invoice available to be supplied to Nano Cool;
- Any default that can be attributed to normal wear and tear of the Air Conditioning and Ventilation systems and or components supplied or installed taking into regard the oldness of the Air Conditioning and Ventilation systems and components and the use it was normally put to in the past. If any refurbished or already used Air conditioning and ventilation systems and or components are supplied by the clients for installation no liability will be accepted for failure;
- the Air Conditioning and Ventilation systems and or components supplied have not been inspected by Nano Cool in order to evaluate/determine the reason for its malfunction before the client requested its replacement, repair, or refund.
The Client acknowledges the risk involved in the supply and installation of air conditioning and ventilation systems by and hereby indemnify Nano Cool against claims for harm/damage caused to him/his property due to reasons beyond the reasonable control or unintentional act of any person, whether or not in the employ of Nano Cool. This will include loss or damage caused as a result of fire or theft, or any economic loss pertaining to the harm/damage caused.
Nano Cool reserves its right to suspend delivery of any orders in the event that payment for such orders is not made on time. In the circumstances where payment is outstanding for a period exceeding 30 days from the date of the statement, Nano Cool will charge interest at a rate not exceeding 2% per month or as per the maximum rate determined by the National Credit Act from time to time on overdue payments.
All accounts older than 30 days will be handed over for collection and the Client shall be liable to pay all legal fees with regard to the collection of such outstanding amounts on a fee scale as determined by the court of law/tribunal where the collection matter will be adjudicated.
The Client hereby agrees to the jurisdiction of the Magistrate Court of Cape Town in the event that any outstanding amount is handed over for collection, although such Magistrate Court may normally not have jurisdiction in the matter.
TERMS AND CONDITIONS OF REPAIR AND MAINTENANCE
- The Client will be supplied with an estimate for any repair or maintenance work. Approval will be required for the initial estimate and for any additional repair or maintenance service unless the Client in writing agreed otherwise.
- Any authorized additional work performed will not create a new agreement and will form part of the initial estimate and subject to all the terms and conditions.
- Nano Cool has the right to request a deposit in circumstances. The Client has the right to cancel the service at any time, unless the goods ordered are special-ordered goods. Specially ordered goods may not be canceled and the full charge will be charged for goods already ordered. Nano Cool may also charge a cancellation fee for the cancellation of other general goods or services. The fee will depend but not limited to the labour for the work carried out up to the time of the cancellation, a reassembling fee if required and the cost for all parts, accessories, and consumables installed.
- Unless otherwise agreed, the repair and maintenance work shall be performed during normal working hours If the Client requires after hour work, the Client will pre-authorise the additional fee thereto.
- The Client has the right on completion of the service to examine the repair and maintenance service. Should the system be damaged during my examination thereof as a result of my recklessness or deliberate behaviour, gross negligence, or criminal conduct, the Client will be liable for the payment of the authorised work and the cost for repair of the damage and indemnify Nano Cool for any loss, damage or injury.
- The risk of damage or loss to the system will remain the Client’s risk after delivery of the goods and Nano Cool will only be responsible for any loss, directly or indirectly because of the Service Provider’s gross negligence.
- The time and date of completion of the service is an estimate due to availability of parts, possible other additional pre-authorised work to be performed and Nano Cool therefore does not warrant the exact dates and times.
- Nano Cool warrants every new or reconditioned part installed during any repair or maintenance work, and the labour required installing it, for a period of three months after the date of installation or such longer period as the original manufacturer may specify in writing.
- The warranty will be void if the Client has subject the part, or the goods or the property in which it was installed, to misuse and abuse and if the part or goods was worked on/opened by someone else other than the Service Provider.
- The warranty will be void if the Client has failed to use repaired goods in accordance with the instructions and specifications of Nano Cool.
- The warranty does not apply to ordinary wear and tear, having regard to the circumstances in which the goods are intended to ordinary be used.
- The Client is entitled to receive the old/used parts in a clean container. The Client agrees to the old parts unless the parts are part of a warranty claim or it is against national legislation that requires disposal of the old/use part in a specific manner.
- The Client’s address (domicile) as on the quotation/job card will be the address where all documentation will be accepted by the Client.
- Payment for authorised work shall be paid in South African currency on collection of the vehicle and proof of the transaction will be an invoice issued by Nano Cool displaying a VAT number, address of the Service Provider, cost of the service/parts/goods, and the amount of VAT applicable to the transaction.
- The amount on the invoice will be the amount payable and easily determinable to Nano Cool and such amount will be prima facie (on the face value) regarded as correct.
- If any of the parties is in breach of this agreement, the innocent party will have the right to recover all legal costs and disbursements on an attorney and client scale.