1. Introduction
Welcome to Energy 4 All, an online solar store based in South Africa. By accessing and using our website, you agree to comply with and be bound by the following terms and conditions, which govern the relationship between Energy 4 All (referred to as “Supplier,” “we,” “us,” or “our”) and the customer (referred to as “Buyer,” “you,” or “your”). Please read these terms and conditions carefully before making a purchase from our website.
2. POPI Act Compliance
2.1. By continuing to use our services, you consent to the processing of your personal information in accordance with our Privacy Policy and the provisions of the Protection of Personal Information (POPI) Act.
3. Pricing
3.1. The price payable for the Goods shall, unless otherwise expressly agreed in writing between the Supplier and the Buyer, be the price set out in the Order, or, if no price is set out in the Order, the price set out in any quotation provided by the Supplier to the Buyer which has been accepted by the Buyer within the time period for acceptance as referred to in clause 2.4 (where such a quotation exists), or where no such quotation exists, the price set out in the Supplier’s published list as at the date when the Order is submitted to the Buyer.
3.2. The price of the Goods is exclusive of all taxes (including without limitation value-added tax), duties, and levies (or local equivalents), which shall be payable by the Buyer, subject to receipt of an invoice, at the applicable rates.
3.3. The price of the Goods is exclusive of the costs of carriage and insurance to the Delivery Point, which shall be payable by the Buyer, and the Buyer shall be responsible for off-loading the Goods at the Delivery Point.
3.4. The Supplier may, by giving notice to the Buyer at any time before delivery, increase the price of the Goods to reflect any increase in the cost of the Goods that is due to:
3.4.1. Any cost factors excluded from the quotation and/or Order, or which are variable in terms of the quotation or the Order and which are beyond the Supplier’s control (including foreign exchange fluctuations, increases in taxes and duties, and increases in labor, materials, and other manufacturing costs);
3.4.2. Any request by the Buyer to change delivery date(s), Delivery Point, quantities, or types of Goods ordered; or
3.4.3. Any delay caused by any instructions of the Buyer or failure of the Buyer to give the Supplier adequate or accurate information.
4. Payment Terms
4.1. Payment for all goods must be made in full before the release of the ordered items and must reflect in our account.
5. Delivery
5.1. Delivery of goods is the responsibility of the Buyer unless special arrangements have been made with us.
5.2. If special delivery arrangements are required, the Buyer must provide us with the driver’s details, including the driver’s name, vehicle registration, driver ID, and the date of collection.
5.3. The Buyer must also provide the contact person’s phone number who is authorized to accept the collection.
6. Warranty and Installation Requirements
6.1. Any Goods purchased which are intended to be installed and/or affixed to other equipment which is electrical in nature should be installed by qualified electricians and/or qualified electrical installers. It remains the Buyer’s responsibility to obtain and ensure that the installer is properly qualified and that it complies with all electrical legislation and regulations, which shall include the providing of an electrical Certificate of Compliance in respect of the electrical installation work.
6.2. Any costs or liability in respect of repairs, defects, or errors which may occur regarding incorrect installations of the Goods and/or incorrect electrical components used in combination with the Goods shall be for the Buyer’s account.
7. Failure to Collect Goods
7.1. If the Buyer fails to collect ordered goods within 7 days of notification that they are ready for collection, we reserve the right to release the stock for sale.
7.2. If the goods run out of stock due to the Buyer’s failure to collect, the Buyer will be liable to wait for our next shipment.
8. Limitation of Liability
8.1. Nothing in these Terms and Conditions excludes or limits our liability for:
8.1.1. Death or personal injury caused by our negligence.
8.1.2. Matters that are illegal to exclude or limit our liability.
8.1.3. Fraud or fraudulent misrepresentation.
8.2. Subject to clause 8.1, we and our affiliates are not liable to the Buyer for any indirect or consequential loss, including but not limited to:
8.2.1. Loss of profit.
8.2.2. Loss of business or opportunity.
8.2.3. Loss of anticipated savings.
8.2.4. Loss of energy supply.
8.2.5. Costs associated with de-installation and re-installation of Goods.
8.3. The maximum aggregate liability of the Supplier and its Group, together, to the Buyer in respect of all losses arising under and/or in connection with the Contract, shall not exceed 125% of the price paid or payable by the Buyer for the relevant Goods.
8.4. The Buyer acknowledges and agrees to the exclusions and limitations of liability set out herein and that the agreed price for the Goods reflects the level of liability accepted by the Supplier.
8.5. The Buyer is encouraged to seek legal advice on the meaning and effect of these exclusions and limitations of liability and to protect itself against potential loss or damage through third-party insurance providers.
9. Assignment and Subcontracting
9.1. The Supplier may at any time assign or transfer all or any of its rights under the Contract.
9.2. The Buyer may not assign or transfer or purport to assign or transfer all or any of its rights or obligations under the Contract without the prior written consent of the Supplier.
9.3. The Supplier may subcontract or delegate in any manner any or all of its obligations under the Contract to any third party or agent provided that the Supplier shall remain liable for such performance.
10. Governing Law
10.1. These Terms and Conditions are governed by the laws of South Africa, and any disputes arising from or in connection with these terms shall be subject to the exclusive jurisdiction of the South African courts.
By using our website and making a purchase, you acknowledge that you have read, understood, and agree to these Terms and Conditions. If you do not agree with any part of these terms, please do not use our website or make a purchase from us. These Terms and Conditions are subject to change without notice, so we recommend reviewing them regularly.