1. Confirmation Of Sale
1.1. The quotation, pro forma or Tax Invoice and cross-referenced documentation, together with the Customer’s acceptance of these Standard Terms and Conditions are the sole documents covering the transaction between the parties.
1.2. The Customer and CREATIVE WOOD CREATIONS specifically agree that ownership of the goods hereby sold or manufactured shall vest in CREATIVE WOOD CREATIONS until the full amount as per the relevant quotation, pro forma or tax invoice, together with all interest and any additional costs of whatsoever nature, is paid in full and until such full payment has been made, CREATIVE WOOD CREATIONS retains the right to at any stage collect and remove the goods from the Customer, subsequent to obtaining the necessary court order.
1.3. An order is only considered confirmed once a payment of 50% deposit and signed quotation has been emailed to CREATIVE WOOD CREATIONS.
2.1. The parties agree that the deposit referred to on the invoice is to be paid before CREATIVE WOOD CREATIONS will commence with any production.
2.2. Deposits are non-refundable. No refunds of deposits in the event of cancellation for already ordered/made or special-order goods will be made. By signing the quotation, the Customer acknowledges that he/she/it agrees with this policy.
3.1. Payment of the remainder of the amount reflected on the invoice is to be paid into the designated account and within the prescribed period as set out in the invoice and it is recorded that the invoice and all documents referred to in Clause 1 above form part of the Standard Terms and Conditions.
3.2. The balance referred to in the invoice is to be paid into CREATIVE WOOD CREATIONS’s bank account immediately on The Customer being notified by CREATIVE WOOD CREATIONS that the order has been completed and is ready for delivery. CREATIVE WOOD CREATIONS will under no circumstances proceed to deliver, ship or freight or otherwise to remove, for the benefit of the Customer, the goods without payment having been made in respect of the balance and such funds having been cleared. The parties accordingly agree that CREATIVE WOOD CREATIONS is under no obligation to deliver the goods until the full purchase price has been paid and cleared by CREATIVE WOOD CREATIONS’s bankers.
3.3. In the event of CREATIVE WOOD CREATIONS for whatsoever reason allowing late payment then such late payment will attract interest at 2% above the prime interest rate per month charged by CREATIVE WOOD CREATIONS’s bankers.
3.4. In the event of the Customer not adhering to the payment terms as stipulated under clause 3.3 above, CREATIVE WOOD CREATIONS retains the right to; without prejudice to any other rights or remedies afforded to it by law:
- To provide the client with a formal letter of demand
- Claim specific performance and enforce the provisions of this agreement; or
- Cancel the agreement and claim from the Customer any damages resulting from noncompliance with the terms hereof
3.5. It is recorded that in arriving at the price as set out in the invoice that certain discount concessions were made on the grounds that payment would be affected as per the invoice. In the event of payment not being made in terms of the invoice, then all such discounts as allowed for by CREATIVE WOOD CREATIONS, will be cancelled and added to the total sum outstanding.
3.6. In the event of
- The Customer defaulting in its obligation to make payment on the due date; or
- The Customer being unable to receive the furniture on the delivery date;
then The Customer agrees to pay to CREATIVE WOOD CREATIONS such costs as CREATIVE WOOD CREATIONS may have incurred in the storage or freighting of the goods. It is recorded that the terms of this clause does not create an obligation on CREATIVE WOOD CREATIONS to store such goods. The Customer is to accept all risks of damage caused during transport to and from storage to the Customers designated/appointed delivery address. The Customer is advised to insure the goods while in delivery.
3.7. No latitude or extension of time which may be allowed by CREATIVE WOOD CREATIONS to the Customer in respect of any payment provided for herein or any other matter or thing which the Customer is bound to perform or observe in terms hereof shall be deemed to be regarded as a waiver of any of CREATIVE WOOD CREATIONS’s rights under law.
4.1. The Customer agrees that the furniture will be trade marked with CREATIVE WOOD CREATIONS’s logo and that CREATIVE WOOD CREATIONS may refer to this sale in its marketing after receiving permission from the Customer.
4.2. The parties confirm that CREATIVE WOOD CREATIONS furniture is handmade and the Customer agrees that there will often be variations of colour and form in the final product.
5.1. Whilst delivery times are given in good faith and CREATIVE WOOD CREATIONS will use every endeavor to comply therewith, no responsibility can be accepted for any loss or damage incurred by the Customer on account of any delay in delivery arising out of any circumstances beyond CREATIVE WOOD CREATIONS’s control, which circumstances will include, but in no way be limited to:
- any delays in the supply of furniture/related goods by CREATIVE WOOD CREATIONS’s suppliers which cannot be directly or indirectly attributed to them;
- If the balance of the purchase price payable on delivery is not payable on date of anticipated delivery CREATIVE WOOD CREATIONS will communicate unavoidable delay in delivery.
The following guarantee section is applicable to orders which remain within the borders of South Africa only. Orders which leave South Africa will be dealt with on a case by case basis.
6.1. CREATIVE WOOD CREATIONS’s guarantee is applicable to our standard furniture range only. The guarantee falls away on all customised furniture unless explicitly indicated otherwise in writing by CREATIVE WOOD CREATIONS.
6.2. CREATIVE WOOD CREATIONS guarantees its customer that furniture which has been manufactured and/or supplied by the company and delivered to the Customer will be free of defects.
6.3. Should an issue arise with the furniture supplied, CREATIVE WOOD CREATIONS guarantees for a period of six years (72 months) from date of delivery, as stipulated on the invoice, to repair structural damage, or replace parts free of charge except that the Customer may be required to carry freight costs to and from the factory (as in cases where the goods have left the borders of South Africa).
6.4. The guarantee specifically excludes damages or repairs necessitated or caused by abuse or neglect of any nature or any reasonable wear and tear.
- The guarantee is effective for a period of six years (72 months). The date is determined from date of delivery of the furniture.
- The guarantee covers the furniture structure only.
- The material used to upholster the furniture (if applicable) is not covered under the CREATIVE WOOD CREATIONS guarantee. Any issues with material should be taken up with the respective material supplier.
- Wear marks on painted surfaces are considered normal wear and tear and may appear over time. This is not covered under the CREATIVE WOOD CREATIONS guarantee
- CREATIVE WOOD CREATIONS 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 goods, unless such damages can be attributed to any circumstances reasonably within the control of CREATIVE WOOD CREATIONS.
- CREATIVE WOOD CREATIONS retains the exclusive right to declare the guarantee null and void with immediate effect under any of the conditions stipulated below. CREATIVE WOOD CREATIONS will base its decision in respect of the existence of these conditions solely on the findings of its inhouse production experts and will not enter into any further communication with anyone regarding any matters that may arise from the conditions and guarantees effected by this clause.
- Any damages caused during the transportation of the furniture if such transportation has been arranged by the Customer themselves, the Customer is further advised to insure the furniture while being transported;
- Any alterations or modifications or addition made to the furniture supplied, without the prior consent of CREATIVE WOOD CREATIONS;
- Failure to use furniture in accordance with the Care Instructions and specifications of CREATIVE WOOD CREATIONS;
- General misuse and abuse of the furniture supplied to the Customer;
- Any damage caused by fire, flood, civil disturbance or act of God;
- The Customer not having their original CREATIVE WOOD CREATIONS Tax Invoice available to be supplied to CREATIVE WOOD CREATIONS.
- The Customer not providing the furniture to CREATIVE WOOD CREATIONS in order to determine if it is defective and the reasons for such defectiveness before the return, replacement or repair as discussed is requested;
- Any variations of colour and form of the furniture supplied to the Customer by CREATIVE WOOD CREATIONS. Please take note that due the furniture being hand made such reasonable variations in colour and form may occur.
7.1. The Customer is solely responsible for ensuring that the quotation they receive is accurate and reflects exactly what they require before signing the document on placement of the order. CREATIVE WOOD CREATIONS cannot accept any liabilities and/or make any refund payments for circumstances where the Customer has a change of heart and/or the Customer wishes to affect any alterations to the order. If the product/s are installed, affixed, delivered, CREATIVE WOOD CREATIONS will not accept a return of the product/s, unless the product/s are defective, for which a handling fee may be changed, should CREATIVE WOOD CREATIONS accept such return.
8. Care Instructions
- CREATIVE WOOD CREATIONS furniture is for indoor use only and should not be exposed to direct sunlight and/or moisture.
- No ammonia-based cleaning products may be used on CREATIVE WOOD CREATIONS furniture.
- All furniture including chairs and tables must only be wiped down with a damp cloth.
- Furniture polish is not necessary as there is a strong lacquer on the table tops but may be used if so desired.
- No hot plates or serve ware should be placed directly onto table tops.
- Glassware containing cold liquids should be placed on coasters to avoid white water ring marks, should these marks occur they will fade as they dry.
- The round seat range has bolts that can be tightened in the event that they loosen slightly on varying floor surfaces.
- The board and foam seats are easily removed with four screws and can therefore be replaced with a new seat purchased from CREATIVE WOOD CREATIONS.
- As all fabric/material is specified by the client, CREATIVE WOOD CREATIONS is not responsible for the maintenance and guarantee of the upholstery fabric on our furniture. Fabric/material queries need to be taken up with the respective fabric/material supplier.
9.1. The Customer acknowledges the risks involved in providing furniture and hereby indemnifies CREATIVE WOOD CREATIONS against claims for harm/damage caused to person/property due to reasons beyond the reasonable control or unintentional act of any person, whether or not in the employ of CREATIVE WOOD CREATIONS. This will include any economical lost pertaining to the harm/loss caused.
9.2. The terms of the agreement between the Customer and CREATIVE WOOD CREATIONS are set out in this agreement and the documents referred to in Clause 1 and no alterations or amendments of the terms and conditions will be binding on the parties unless same is reduced to writing.
9.3. CREATIVE WOOD CREATIONS and the Customer hereby consent to the jurisdiction of the Magistrates Court in respect of every legal proceeding which may emanate from any breach of any of the terms and/or conditions of this agreement. The Customer agrees that in the event of CREATIVE WOOD CREATIONS instituting legal proceedings, that the Customer will be liable for all costs on a scale inclusive of collection commission as determined by the Court of Law or tribunal where the collection matter will be adjudicated and interest at 2% per month as charged from time to time.