WEST END CEMENT BRICKS (Pty) Ltd.

Standard Terms & Conditions

1.         Definitions

1.1.         “Customer” means any individual or business that purchases the Goods and/or services produced by West End Cement Bricks.

1.2.         “Goods” means stock or items sold and/or manufactured by West End Cement.

1.3.           “Instructions & Warnings” means the instructions & warnings and other information and guidance relating to the products set out on/in the packaging of and/or any specification for the products.

1.4.         “West End Cement” means West End Cement Bricks (Pty) Ltd. Registration No. 1999/001144/07.

2.         General

2.1.         Unless stated otherwise West End Cement will not be bound by any terms and conditions other than the terms and conditions stated below.  For the purposes of this paragraph and in the event that the Customer has an account with West End Cement, these Terms and Conditions shall be read in conjunction with the Terms and Conditions contained in the Account Opening Application.  Where there is a conflict, the Terms and Conditions in this document shall prevail.

2.2.         No variation to these conditions shall have any effect unless agreed in writing by a director of West End Cement.

2.3.         Each order or acceptance of a quotation for Goods shall be deemed to be an offer by Customer to purchase Goods subject to these conditions.

2.4.         No order placed by the Customer shall be deemed to be accepted by West End Cement and no contract will come into existence with West End Cement until the order is acknowledged by West End Cement.

2.5.         The Customer shall be responsible for ensuring that the quantities and specification of its order is complete and accurate.

2.6.         Any quotation is valid for a period of 30 days from date of issue. West End Cement may withdraw the quote at any time prior to an order being accepted.

2.7.         All samples, drawings, descriptive material, specifications, and advertising issued by West End Cement and any descriptions or illustrations contained in West End Cement’s catalogues or brochures are issued or published for the sole purpose of giving an approximate idea of the Goods described therein.

2.8.         Any indulgence or extension of time granted in respect of any payment or in the fulfilment of any of the Customer’s obligations under this contract shall not be a waiver of the right of West End Cement.

2.9.         In the event that the Consumer Protection Act (‘the Act’) being applicable to the sale of any Goods, and any condition contained herein is in contravention of the Act such condition shall not apply to the sale of the Goods in question.

2.10.      In making this purchase, you consent to the provision West End Cement with personal information required to process this transaction. West End Cement stores certain of your personal information in terms of Protection of Personal Information Act and the West End Cement POPI manual.

3.         Basis of Sale

3.1.           Ownership of the goods shall remain vested in West End Cement until the purchase price is fully paid.

3.2.           All goods are sold on a ‘Voetstoots’ basis and all warranties are excluded unless expressly made by West End Cement.

3.3.           The Customer holds the responsibility to ensure the details on the quote and order are correct. West End Cement should be notified in writing of any mistakes present on the quote prior to the Customer making its order.

3.4.           West End Cement does not guarantee the suitability of the Goods sold for a particular purpose and the Customer must ensure that the Goods are suitable for the purpose for which they have been purchased.

3.5.           The Customer must ensure that the correct quantity of the product is purchased. No refunds or credits will be given for any excess Goods purchased.

3.6.           West End Cement cannot guarantee that any particular range of any product or Goods will remain available for purchase. West End Cement reserves the right to cancel any order due to the unavailability of Goods and/or products.

3.7.           West End Cement cannot guarantee the colour matching of bricks in subsequent purchases will be achieved.

3.8.           West End Cement shall not be responsible for delay or non-fulfilment of the order caused by war, acts of god, vis major, strikes lockouts and the like.

3.9.           West End Cement’s liability for damages, if any for defects, delays or any other loss howsoever arising is limited to the purchase price of the Goods supplied. West End Cement shall not be liable for any consequential damage or labour costs.

3.10.        The Customer will be deemed to have received the goods, at which point all risk will pass to the Customer, when:

3.10.1.   Once the Goods have been offloaded, in case of delivery; or

3.10.2.  Once the Goods have been brought to the loading site, at West End’s premises in the case of the Customer collecting the Goods or electing to use a third party to transport the Goods.

3.11.        Notwithstanding any provision herein contained, any breakages or shortages are to be reported to West End Cement, or the West End Cement appointed driver at the point of the transfer of risk as set out in 3.10.  These breakages or shortages must be noted on the delivery slip.  Failure to do this will result in the order being deemed complete with all Goods received in good order.

4.         Delivery

4.1.         In the event that the Customer requires West End Cement to deliver the Goods:

4.1.1.        the Customer shall notify West End Cement that they require delivery when requesting a quote or when placing an order.

4.1.2.        Unless stated otherwise, in writing, West End Cement shall endeavour to deliver the Goods within six days of receipt of payment.  This delivery time frame is intended to be an estimate and is dependent on the availability of stock and the location of the Customer’s delivery address. West End Cement shall advise the Customer once the Goods are ready for delivery (“the Delivery Date”).

4.1.3.        Delivery costs are subject to change in the circumstances where delivery is delayed, by more than 30 days from the Delivery Date, by the Customer.

4.1.4.        Goods for delivery are to be delivered to the roadside. In the event that the Goods are offloaded on the site or premises at the request or convenience of the Customer, West End Cement will not be responsible for any damages incurred arising from their vehicle or employees having entered the premises.  To the extent that the delivery site is not owned by the Customer, the Customer hereby indemnifies West End Cement and holds them harmless against any claim for any damage caused to the delivery site.

4.1.5.        In the case of West End Cement using a third-party contractor to make delivery, the provisions of clause 4.1.4 shall apply mutatis mutandis (which the necessary changes made).

4.1.6.        If for any reason the Customer is not in a position to receive the Goods when they are delivered:

4.1.6.1.    the goods will be returned to West End Cement’s premises and will have been deemed to have been delivered.

4.1.6.2.    the Customer will be liable to pay for another delivery. 

4.1.6.3.    The risk to and in the Goods will transfer to the Customer immediately.

4.1.6.4.    In the event that the Goods are not collected or delivered within seven days from the date of the failed delivery, they may be sold to defray costs – including costs of the failed delivery attempt.

4.1.7.        The Driver will not deliver to more than one location on the delivery premises.

4.1.8.        Goods must be counted prior to being offloaded.  Any shortage and/or breakages must be identified and pointed out to the driver and noted on the delivery note. The Customer must advise West End Cement of the shortage and/or breakage within 24 hours of delivery.  West End Cement shall attend and inspect the breakages whereafter the Customer may submit a claim in terms hereof.

4.1.9.        Without derogating from any provision herein contained or from the product specific instructions and/or warnings provided by West End Cement, the Customer takes note that Hollow bricks are not allowed to be double stacked on top of each other. No claims will be approved for breakages caused by double stacking.

4.2.         In the event that the Customer elects to make use of a delivery vehicle other than a vehicle provided by West End Cement (the “Alternate Vehicle”):

4.2.1.       Any damage to the Goods, or Alternate Vehicle, incurred during or subsequent to the loading of the Alternate Vehicle shall be borne by the Customer.

4.2.2.       West End Cement shall not be held liable for any damage, of any nature whatsoever, caused by its staff when assisting a Customer, or their alternate carrier, with the loading or unloading of Goods.

4.2.3.       Any shortage of, or damage to, Goods supplied must be brought to the attention, and noted on the delivery slip, of West End Cement prior to the Goods being loaded to the Alternate Vehicle.

5.         Returns and Guarantees

The guarantees in this paragraph are intended to cover faults within the product and not Goods damaged during transit, loading, or unloading. The Goods are sold with the following guarantees:

5.1.         Cement pavers’ bricks and Cement plaster bricks are sold conforming to the SABS specification regarding bricks of that category regarding colour, size, and strength.

5.2.         The Customer must adhere to West End Cement’s instructions, and/or Instructions & Warnings issued for the Goods. Refunds shall not be provided for faulty and or damaged Goods where these Instructions & Warnings were not adhered to.

5.3.         Subject to any specific conditions contained in these terms and conditions, any claims must be recorded in writing and lodged with West End Cement not later than seven (7) days from the date of delivery or collection. Failure to comply will result in the claim being null and void. 

5.4.         Upon a successful claim, West End Cement will, at the Customer’s election replace the broken/damaged Goods or pass a credit.  No cash refunds will be given.

5.5.         The Customer shall not be entitled to return the Goods, for any reason, without West End Cement’s prior written consent.

5.6.         Guarantees shall be void in the event that the Customer’s account is in arrears at any stage from the date that the order is placed until the Customer’s account is credited in terms the relevant successful guarantee claim.