The Terms and Conditions contained herein below are in addition to and not in substitution of the Terms and Conditions as per our Quotation. In placing an order based on our quotation all conditions and terms as stated on the quote as well as our Standard Terms and Conditions as per below is taken as understood and accepted. No other terms and conditions will be accepted. Terms and Conditions as per our Quotation will supersede any other revision and conflicting terms in the Standard Terms and Conditions should there be any.

1. Quotations and Orders:

1.1. Upon acceptance of our quote the Client, agrees all work done, products supplied and/or services rendered are so supplied and/or rendered in accordance with all our Terms & Conditions.
1.2. Once a purchase order is received from a Client, all Terms and Conditions contained on the Client’s purchase order will not apply to, supplement, or supersede any provision contained in our quote or Standard Terms and Conditions.
Delivery of goods by InfraComp in terms of the quotation shall not be deemed to be acceptance of the Client’s attempted qualification and / other terms.
1.3. The accepted quotation replaces and supersedes any previous quotations issued regarding the subject matter thereof.
1.4. In instances where InfraComp supplies a quotation to the Client, no contract shall exist between the parties until such time that InfraComp receives acceptance of such quotation together with an official purchase order from the Client and,
if applicable, any signed and approved latest revision drawings.
1.5. InfraComp reserves the right to make any reasonable changes to the design or form of any goods ordered by the Client provided that the stated performance, quality, and specification of the goods shall remain unaffected.
1.6. In the event of a variation in the order at the instance of the Client or because of lack of instructions from the Client or as a result of a delay caused by a force majeure event, InfraComp shall be entitled to increase the price quoted by a sum of
money sufficient to cover the extra expenses incurred by InfraComp as a direct or indirect consequence of such variation or delay. Furthermore, InfraComp reserves its right to either invoice progress payments to cover the costs of materials and
labour incurred to date.
1.7. Unless otherwise stated in a quotation, data such as: dates, dimensions, weights, capacities, calculations, and quantities specified in the quotation shall be approximate guides only and unless the correctness of such data is expressly
guaranteed by InfraComp, such data shall not give rise to any claim or action against InfraComp.
1.8. InfraComp reserves the right to make any reasonable changes to the design or form of any goods ordered by the Client provided that the stated performance, quality, and specification of the goods shall remain unaffected.
1.9. The acceptance of any quotation must be accompanied by sufficient information in writing to enable InfraComp to proceed with the execution of the order, failing which InfraComp shall be entitled to amend the quoted prices to cover
any increase in costs incurred because of such delay.

2. Pricing:

1. 2.1. All pricing in this quotation is quoted in South African Rand and excludes VAT, unless specifically stated otherwise.
2. 2.2. Pricing for Professional Services is estimated and subject to a finalized statement of work.
3. 2.3. In so far as may be applicable and unless otherwise stated in writing:

• 2.3.1. prices quoted may be fixed, subject to foreign exchange, Contract Price Adjustment (CPA) and / or any other conditions as may be stipulated in our quotation.

1. 2.3.2. the amount of all duties, taxes, and other charges applicable to the manufacture and / or sale of the goods shall be borne by the Client. Where the CPA formula is applicable, a certificate issued by InfraComp’s auditors, acting as experts and not as arbitrators relating to InfraComp’s variation in costs shall be binding upon the Client.
2. 2.3.3. goods relating to contracts shall be subject to adjustment due to any changes in the cost of materials, labour, transportation, rates of exchange and taxes that take place between date of quotation and the date of completion of the contract. InfraComp shall be entitled, in its discretion, to adopt any recognised formula for price variation charges or InfraComp may use the ruling SEIFSA at such time.
   
   

3. Invoicing:

3.1. Invoices become payable immediately upon presentation. 
3.2. Any delays or other unforeseen difficulties caused by the client which are beyond the control of InfraComp, may result in additional charges. 

1. 3.3. All prices quoted exclude VAT, unless stated otherwise. 

3.4. In the event of any portion of an invoice being disputed, then the client undertakes to forthwith pay the undisputed amount of such invoice according to the agreed terms of this agreement.
3.5. Interest is payable on overdue payments, calculated from the date of invoice, at 2% per month as permitted by the National Credit Act 34 of 2005.

4. Payment Terms:

4.1. Supply of products: 50% deposit (or as stated on our Quote) and balance payable before the goods may leave our, or our designated agent’s works.
4.2. Any site works including foundations, assembly and erection, deliveries, and crane hire: 100% upfront payment before commencement of any work.  
4.3. Any maintenance type work: 100% upfront payment before commencement of any work.

5. Granting of Credit:

5.1. As a rule, InfraComp does NOT grand any credit. 
5.2. However, InfraComp may in its sole and absolute discretion grant credit to clients on request.
5.3. Any credit grant will be subject to a thorough credit review through a recognized South African Credit Bureau and by applying for credit, you agree to InfraComp conducting such a credit review.

1. 5.4. InfraComp may at any time withdraw the credit facility upon written notice to you.
   
   

6. Product Warranty and Performance:

6.1. Subject to any applicable law, any goods sold to the Client shall be regarded as having been sold as is, without warranty against latent defects and no liability shall arise on the part of InfraComp for any representation or warranty made or alleged to have been made at any time in respect of the goods sold by InfraComp to the Client.

6.2. As far as may be applicable, any performance figures provided by InfraComp are approximate figures only. InfraComp accepts no liability of any nature whatsoever for failure of goods to attain performance figures unless such performance figures were specifically guaranteed by InfraComp in writing and subject to the recognized tolerances applicable to such figures, in which event InfraComp’s liability shall be limited to the amount specifically agreed by InfraComp in writing prior to the acceptance of the order.

1. 6.3. InfraComp gives no warranty or representation that any goods sold by us are fit for any particular purpose. All drawings, specifications, masses, dimensions, performance figures, catalogues, brochures, and other descriptive documentation relating to goods sold by InfraComp are approximate only and are intended to give general information regarding the goods and are accordingly not warranties or representations and shall not bind InfraComp in any way whatsoever.

6.4. In so far as may be applicable, the Client assumes full responsibility for all discrepancies, errors, omissions, or ambiguities in drawings and / or other particulars supplied by it to InfraComp. Furthermore, the Client fully indemnifies and holds InfraComp harmless against all liabilities of any nature whatsoever and howsoever arising which are incurred by InfraComp because of manufacturing goods in accordance with the Clients’ designs, specifications and / or express or implied instructions. Such liabilities may include but are not limited to: damages, losses, expenses and costs awarded against or incurred by InfraComp due to any proceedings, claims or demands which may be brought against InfraComp for alleged infringement of any patent, copyright, design, trademark or any other rights or for the alleged injury or death, loss or damage to any third party or any property of any third party by reason of any defect in any goods which have been manufactured in accordance with the Clients’ designs, specifications and /or express or implied instructions.
6.5. The lifespan of goods sold by InfraComp, which is indicated on InfraComp’s packaging from time to time, is an approximate estimate only and the warranty period relating to such goods shall be the applicable period for the purposes of any claim by the Client.
6.6. Subject to applicable law, InfraComp’s liability in respect of any claim based on defective goods shall be limited to repairing or replacing such defective goods, at the discretion of InfraComp, during any applicable warranty period, provided that such defective goods are returned to InfraComp, in their original state and at the Clients cost, within the applicable warranty period. Unless otherwise agreed in writing, the warranty period shall commence from date of delivery of the goods, irrespective of the date of installation or commissioning. In circumstances where the goods are not manufactured by InfraComp, InfraComp’s liability under this clause shall in no circumstances extend beyond any corresponding liability of the manufacturer or supplier of such goods to InfraComp.

1. 6.7. All goods are supplied and all work is performed by InfraComp on the condition that InfraComp shall in no circumstances whatsoever be liable to the Client or any other party for loss of contracts or profits or any damage, whether direct or indirect, consequential or otherwise, howsoever caused or incurred, including but not limited to loss or damage attributable to its negligence or the negligence of its servants, employees or agents.
   6.8. In no circumstances will InfraComp be liable to the Client or any third party for any direct or indirect damages, whether such damages arise out of contract or delict and whether consequential or otherwise.
   
   

7. Delivery of Goods & Risk:

7.1. Goods shall be delivered by road. For the purposes of this clause, should the Client arrange his own transport, the applicable road carrier, shall be deemed to be the agent of the Client. Delivery shall be deemed to have been affected to the Client when the goods are handed to the transport carriers. In instances where InfraComp arrange for transport of the goods to the Client, delivery shall be deemed to be affected when the goods arrive at the Client’s nominated premises. The onus of proving non-delivery shall rest with the Client.
7.2. Delivery shall not include off-loading, unless otherwise agreed by InfraComp in writing. Accordingly, the Client shall arrange and pay for all costs relating to the offloading of the goods, including but not limited to the costs of hiring any special hoists and other lifting equipment if necessary.
7.3. If the Client does not provide InfraComp with forwarding instructions within 7 (seven) days after having received notification from InfraComp that the goods are ready for dispatch, InfraComp shall be entitled to invoice the Client immediately for such goods and to store the goods on the Client’s behalf, at the sole risk and expense of the Client.
7.4. The Client shall ensure that InfraComp is given free and unfettered access to the premises nominated for the delivery of the goods. If the Client is not able to provide such access or in the event of the Client requesting a suspension or delay in performance by InfraComp, InfraComp shall be entitled to claim from the Client any additional costs incurred by InfraComp by virtue of such suspension or delay.
7.5. InfraComp shall make every reasonable endeavour to ensure timeous delivery of the goods on the terms and conditions agreed between the Client and InfraComp. InfraComp shall however not incur any liability of any nature whatsoever for late deliveries.
7.6. As far as may be applicable, any times frames quoted for delivery may be dependent upon receiving certain information from the Client. Whenever a delay is caused by any instructions (or the lack thereof) by the Client or because of a force majeure event or any other circumstances which are beyond InfraComp’s control, the time of delivery shall be extended by the period of such delay. Should InfraComp decide, in its sole and absolute discretion, that the delay is unreasonable, InfraComp shall be entitled to cancel or suspend delivery of the goods without prejudice to its rights to receive payment for goods already delivered to the Client.
7.7. Signature by the Client or by any representative of the Client, of InfraComp’s or designated Agent’s delivery note shall be regarded as acceptance by the Client that the goods reflected in such delivery note have been properly and completely delivered.
7.8. Where delivery of goods is spread over a period, each separate delivery thereof shall be invoiced when dispatched and each invoice shall be treated as a separate transaction and payable accordingly.
7.9. The risk in and to the goods shall pass from InfraComp to the Client on the date of delivery to the Client (or its nominee or agent) even though ownership will not pass to the Client until full payment of the purchase price has been made to InfraComp.

1. 7.10. Storage of the goods by InfraComp as contemplated in clause 7.3, shall be deemed to constitute delivery for the purposes of this clause.
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8. Cancelations:

8.1.Because all products supplied by InfraComp is custom, no order may be cancelled or changed by the client, except by InfraComp’s express written consent.

8.2. If InfraComp does not consent in writing to the Client’s cancellation or change of the Order, the Client shall still be liable for the full payment of the Purchase Price.
8.3. Any acceptance of cancelation or change of order in whole or in part by InfraComp is at the sole and absolute discretion of InfraComp and without prejudice to any of their rights to receive full payment of the order.
8.4. All cancelations shall be subject to a cancelation charge of at least 15% of the full accepted quoted price for the goods or products cancelled. This does NOT include any professional services rendered on the order and the Client will be liable for the cost of these services over and above the stated cancelation charge.
8.5. Cancelation Fees become payable immediately upon receipt of written acceptance of cancelation by InfraComp and the receipt of cancelation invoice from InfraComp.
8.6. If the Client has paid any deposits or up-front payments, InfraComp shall deduct all Cancelation Fees from said payment before any refunds will be made.
8.7. Goods or products may not be returned by the Client, for credit or refund, without InfraComp’s written permission.

1. 8.8. InfraComp undertake to handle all cancelation or change requests in good faith and will evaluate all requests for cancelation or changes of the order on the merits of the case but without prejudice to any of their rights.