TERMS & CONDITIONS


DEFINITION:


In these Terms and Conditions, "Seller" refers to Armour Guard Pty (Ltd), and "Buyer" refers to the individual, company, or corporation placing the order.



ORDERS:


  1. Quotations for Goods are exclusive of VAT and valid for 14 days from the quotation date; orders remain valid for 3 months from signed quotation date. Price adjustments will be communicated in writing.
  2. Made to Order (MTO) products require a 50% deposit or credit before manufacturing.
  3. Non-standard stock items or orders exceeding minimum levels cannot be cancelled once accepted.
  4. The Purchaser is solely responsible for the accuracy of Goods' quantity and dimensions.



PAYMENT:


  • The final invoice for Goods will be issued upon dispatch. Pro-forma invoices are available upon written request.
  • Goods will not be dispatched until full payment via Electronic Fund Transfer (“EFT”) reflects in the Seller’s bank account, or credit to the order value is granted by the Seller.
  • The Purchaser must pay the invoice price as stated by the Seller, without deductions, and in accordance with agreed payment terms.
  • Ownership of goods remains with the Seller until full payment, while risk passes to the Purchaser upon delivery.
  • Invoices are payable at the specified place and time, under conditions outlined on the invoice. Payment must be received by the Seller as specified.
  • The Purchaser is prohibited from offsetting any amounts owed to them by the Seller against amounts owed by the Purchaser to the Seller, regardless of the cause.
  • Cash customers: For supply-only orders, the Buyer must pay 50% of the quotation amount upon placing the order, with the remaining 50% due before delivery. The original client who initiated the contract is responsible for full payment, and any legal costs incurred in enforcing payment are the Buyer's responsibility.
  • If the Purchaser has a 30-day credit facility with the Seller and it fails to make timely payments within its 30-day credit period, the Seller reserves the right to impose a 2% late payment fee on the outstanding balance. This fee is intended to offset the overdraft charges levied by the Seller's bank due to delayed payments.


TERMS OF DELIVERY, RISK AND OWNERSHIP:


  1. A signed delivery note serves as prima facie evidence of Goods received in good condition, signed by the Purchaser, employee, agent, representative, or nominated transporter.
  2. The Seller reserves the right to make partial deliveries and deliver ordered Goods. Partial payments are required for delivered Goods.
  3. When delivery or collection is by carrier, the carrier acts as the Purchaser's agent. The Seller, if covering freight charges, designates the carrier and route; any costs increase due to Purchaser-specified carrier/route is the Purchaser's liability.
  4. The Purchaser is responsible for off-loading supplied material; the Seller bears no responsibility for damages during off-loading or standing-time.
  5. Unless stated otherwise, goods are delivered to the agreed destination with risk of loss or damage passing to the Buyer upon delivery. Claims for quantity shortfalls or incorrect deliveries must be made within 3 days of receipt. Returned Goods (excluding defects) are at the Purchaser's risk and expense and subject to quality checks before acceptance. Non-standard or damaged Goods aren't eligible for credit.
  6. Price and quantity discrepancies must be reported in writing to the Seller within 24 hours of off-loading; failure to do so implies acceptance.
  7. Delivery and completion dates provided at order acknowledgment are estimates subject to change.
  8. The Seller isn't liable for defects caused by Purchaser storage, handling, abnormal use, or climatic conditions affecting Goods.
  9. Goods not collected within the specified timeframe incur storage charges, with delivery to/from storage charged to the Purchaser.
  10. If the Purchaser arranges collection/delivery, they're responsible for suitable transport; the Seller bears no liability.
  11. The Seller isn't liable for consequential losses due to delivery delays, defective Goods, or any other cause. In case of resale, the Purchaser limits the Seller's liability to the value of delivered Goods.




BREACH OF AGREEMENT:


If the Purchaser fails to make timely payments or breaches any terms of this Agreement, which are considered material, the Seller reserves the right, without prejudicing its legal rights:

  1. to reclaim possession of Goods for which ownership hasn't transferred, including worked materials; and/or
  2. to demand immediate payment of all outstanding amounts, even if payment for specific Goods isn't yet due; and/or
  3. to claim damages resulting from the breach of the Agreement.
  • A certificate issued by a manager of the Seller confirming the amount owed by the Purchaser to the Seller at any given time shall be considered prima facie evidence of the facts stated therein for all legal proceedings and recovery of outstanding amounts.


WARRANTIES AND NON-COMPLIANCE:


  1. Purchasers must notify the Seller in writing of any visible defects in delivered Goods within 3 (three) business days of receipt.
  2. Unless explicitly specified in writing, the Seller does not warrant that the Goods are suitable for any particular use or process.
  3. Guarantee certificates will be issued by the Seller following quality inspection post-installation.
  4. Guarantees apply solely to individual products purchased from the Seller and do not extend to installation practices.
  5. The Seller retains the right to withhold Guarantee Certificates related to product quality and integrity in cases where poor installation practices have been observed.



CANCELLATION OF ORDER:


  1. Cancellations of Made to Stock (MTS) materials incur no penalties, and full refunds will be issued according to the terms of this Agreement. No cancellations for Made to Order (MTO) will be accepted, and the Purchaser remains liable for the full value of such orders.
  2. The Seller reserves the right to cancel this Agreement by written notice to the Purchaser under the following circumstances:


  • The Purchaser breaches any conditions of this Agreement.
  • In the event of the death of an individual Purchaser or the surrender of their estate.
  • Dissolution of a partnership.
  • A juristic person or trust is placed under provisional or final liquidation, judicial management, or business rescue proceedings.
  • The Purchaser commits an act of insolvency under South African law or attempts to compromise with creditors.



WARANTEE TERMS:


  1. The Seller undertakes to replace defective Products free of charge for materials only, excluding direct and indirect costs, losses, and consequential damages (subject to the provisions below).
  2. Expenses for removing defective Products and installing replacements are not covered by this warranty.
  3. This warranty applies to the specified Products and Coating options as a minimum standard:


10-year warranty > 3km from the sea

  • Years 1 and 2: 100% replacement
  • Years 3 and 4: 90% replacement
  • Years 5 and 6: 80% replacement
  • Years 7 and 8: 60% replacement
  • Years 9 and 10: 50% replacement


10-year warranty > 500m from the sea

  • Years 1 and 2: 100% replacement
  • Years 3 and 4: 90% replacement
  • Years 5 and 6: 80% replacement
  • Years 7 and 8: 60% replacement
  • Years 9 and 10: 50% replacement


7-year warranty < 500m from the sea & corrosive industrial

  • Years 1 and 2: 100% replacement
  • Year 3: 80% replacement
  • Year 4: 60% replacement
  • Year 5: 50% replacement
  • Year 6: 40% replacement
  • Year 7: 30% replacement



WARRANTY EXCLUSION:


Damage resulting from installation not compliant to Seller’s terms.

Damage during storage, transportation, handling, installation, or from unintended product use.

Damage from temperatures exceeding 50°C.

Corrosion caused by unusual levels of aggressive chemicals or unforeseen factors not disclosed during warranty request.

Corrosion of buried parts due to soil alkalinity/acidity or corrosive elements.

Coating defects not discernible to the naked eye from more than 5 meters away.

Limited rust spots covering up to 5% of an individual product's total surface area; excludes white rust, coating discoloration, and staining.

Direct and indirect damages from extreme weather conditions such as wind, storms, hail, and lightning.

Failures or damages due to improper use, soil or structural movement, floods, natural disasters, fire, abuse, misuse, vandalism, war, negligence, or lack of routine maintenance.

Modifying or altering the product in any way will void the warranty terms.

Automation, gates, and gate components are expressly excluded from guarantees.