TERMS AND CONDITIONS OF SALE
CJ Dan Enterprises (Pty) Ltd t/a FT Shop
Registration Number: 2018/547849/07
Address: 65 Kempston Road, Sidwell, Port Elizabeth
Email: sales@ftshop.co.za
DEFINITIONS
1.1 “Company”, “we”, “us” or “FT Shop” refers to CJ Dan Enterprises (Pty) Ltd t/a FT Shop.
1.2 “Buyer”, “client” or “customer” refers to the individual, company, close corporation, trust or other legal entity purchasing goods, services, a vehicle, trailer, tuk-tuk, food truck, custom build, conversion, equipment, or related products from the Company.
1.3 “Goods” includes, but is not limited to, vehicles, trailers, tuk-tuks, food trucks, bodies, boxes, conversions, equipment, fixtures, fittings, appliances, branding components, materials and any custom-manufactured or modified item supplied by the Company.
1.4 “Custom Build” refers to any goods or services manufactured, modified, converted, designed, imported, sourced, ordered, adapted or prepared according to the Buyer’s requirements, approval, specification, layout, branding, intended use or project brief.
1.5 “Supplier” refers to any third-party supplier, importer, transporter, branding company, installer, manufacturer, vehicle dealer, equipment supplier or service provider involved in supplying goods or services for the project.
ORDERS AND ACCEPTANCE
2.1 An order is accepted once the Buyer accepts a quotation, invoice, pro-forma invoice, order confirmation or written project instruction, whether by signature, email, WhatsApp, payment of deposit, or written confirmation.
2.2 Once an order has been accepted, the order may not be cancelled, varied or placed on hold by the Buyer except as expressly agreed to in writing by the Company.
2.3 Custom Builds are made or sourced specifically for the Buyer. The Buyer acknowledges that the Company may incur immediate costs once an order is accepted, including but not limited to design time, administration, materials, labour allocation, supplier deposits, equipment orders, imported components, production planning and loss of production capacity.
2.4 The Company reserves the right to refuse, suspend or discontinue service on lawful and reasonable grounds, including but not limited to non-payment, abusive conduct, threats, misrepresentation, failure to provide approvals, failure to cooperate, or conduct which prevents the Company from performing its obligations.
PRODUCTION TIMEFRAMES
3.1 Any production time, completion date or delivery date given by the Company is an estimate and guideline only.
3.2 Time shall not be of the essence unless expressly agreed in writing and signed by an authorised representative of the Company.
3.3 Production timelines do not necessarily begin from the date of deposit payment. Production timelines only begin once the Company is reasonably able to proceed with the build, including receipt of all required deposits, approvals, measurements, design confirmations, branding files, vehicle/body availability, equipment specifications and any information required from the Buyer or third parties.
3.4 The Company will endeavour to meet estimated timeframes but shall not be liable for delays caused by factors beyond its reasonable control, including but not limited to supplier delays, import delays, customs delays, transport delays, weather, power interruptions, unavailable materials, late approvals, client changes, unavailable branding files, unavailable third-party measurements, vehicle registration delays, engineering changes, design changes, equipment substitutions, or delays caused by the Buyer or the Buyer’s appointed representatives.
3.5 The Buyer is advised not to book events, activations, functions, trading dates or launches until the unit has been completed, inspected, signed off, fully paid for and collected.
CLIENT APPROVALS, MEASUREMENTS AND DELAYS
4.1 The Buyer is responsible for providing all required information, approvals, branding files, logos, colours, layouts, equipment details, measurements and sign-off within the time requested by the Company.
4.2 Delays caused by the Buyer, the Buyer’s branding company, finance provider, transporter, supplier, nominated representative or any third party appointed by the Buyer will automatically extend the production and delivery timeline.
4.3 The Company shall not be held responsible for delays where the Buyer or the Buyer’s appointed third party fails to attend site, provide measurements, provide artwork, approve designs, make payment, confirm specifications, or respond timeously.
4.4 Any approval given by the Buyer by email, WhatsApp, message, signature or payment shall be deemed binding approval for the Company to proceed.
DESIGN, TECHNICAL AND ENGINEERING CHANGES
5.1 The Buyer acknowledges that Custom Builds may require practical, technical, design, safety or engineering changes during production.
5.2 The Company reserves the right to make reasonable technical, structural, safety, engineering or layout changes during production where required for safety, practicality, supplier availability, warranty protection, legal compliance, weight distribution, structural integrity or manufacturing feasibility.
5.3 Such changes may affect the final appearance, layout, timeline or cost of the build.
5.4 Images, renders, presentations, brochures, drawings and visual concepts are for illustration and design guidance only, unless expressly confirmed as final technical drawings in writing.
CHANGE ORDERS AND VARIATIONS
6.1 Any change requested by the Buyer after acceptance of the order or approval of the layout/design must be confirmed in writing.
6.2 The Company may quote separately for any requested change, additional item, redesign, equipment change, structural change, branding change, layout change or material change.
6.3 No variation shall be binding unless accepted in writing by the Company.
6.4 Any changes requested by the Buyer may extend the production timeline.
PRICES
7.1 All prices are quoted in South African Rand unless otherwise stated.
7.2 Prices are subject to change where supplier costs, equipment prices, vehicle prices, imported component prices, exchange rates, customs charges, transport costs or material prices change before the relevant items are purchased or secured.
7.3 Where quotations are based on foreign currency, imported items or supplier pricing, the Company reserves the right to adjust the price according to the actual cost, exchange rate, forward cover, import duty, customs charges, clearance costs or supplier invoice applicable at the time of purchase.
7.4 Equipment images, supplier images, brochures and specifications may differ from the final item supplied, depending on supplier availability and equivalent product availability.
7.5 Where a specific item is unavailable, discontinued or delayed, the Company may recommend or use a suitable alternative, provided such alternative is reasonably fit for the intended purpose.
PAYMENT
8.1 Payment shall be made in South African Rand, without deduction, withholding or set-off.
8.2 Payment shall be made by electronic funds transfer unless otherwise agreed in writing.
8.3 The Buyer shall pay the deposit, progress payments and final balance as set out in the quotation, invoice or payment schedule.
8.4 Final payment must be received in full before release, collection, transport, delivery, handover, registration documents, or any transfer of ownership.
8.5 The Buyer may not withhold payment due to minor snags, branding issues, supplier warranty claims, transport arrangements, registration delays, or matters not preventing substantial completion of the build.
8.6 All goods remain the property of the Company until paid for in full.
DEPOSITS, CANCELLATION AND REFUNDS
9.1 The Buyer acknowledges that deposits are required to secure production capacity, materials, equipment, supplier orders, imported items, administration, design work and production planning.
9.2 Unless otherwise agreed in writing, deposits on Custom Builds become non-refundable once the order has been accepted, the configuration has been approved, production has commenced, materials have been allocated, equipment has been ordered, supplier commitments have been made, or any work has been performed.
9.3 If the Buyer cancels, delays, refuses to proceed, fails to pay, fails to provide approvals, or otherwise prevents the Company from completing the order, the Company may retain all amounts paid to cover costs incurred, work performed, supplier commitments, imported items, administration, design time, production losses, remarketing costs and damages, to the extent permitted by law.
9.4 Where cancellation occurs before production has commenced and before supplier commitments have been made, the Company may, at its discretion, refund any remaining balance after deduction of administration fees, design fees, supplier costs, banking charges, equipment costs and any other costs already incurred.
9.5 Custom-made, imported, specially ordered, altered, branded, modified or client-specific items cannot be returned or refunded unless expressly agreed in writing by the Company.
9.6 A Buyer may not cancel a Custom Build simply because of estimated timeframe changes, supplier delays, import delays, branding delays, third-party delays, design changes, or delays caused by the Buyer or the Buyer’s representatives.
IMPORTED ITEMS AND SUPPLIER ITEMS
10.1 The Buyer acknowledges that some equipment, mechanisms, parts, appliances or components may be imported or sourced from third-party suppliers.
10.2 Imported and supplier items are subject to supplier availability, shipping timelines, customs, duties, clearance delays, transport delays, exchange rate changes and third-party supplier terms.
10.3 The Company shall not be liable for delays caused by importers, suppliers, shipping agents, customs, couriers, transporters or third-party service providers.
10.4 Supplier warranties, manufacturer warranties and importer warranties shall apply to supplier or imported items, where applicable.
DELIVERY, COLLECTION AND RISK
11.1 Delivery dates are estimates only.
11.2 The Buyer must inspect the goods at the Company’s premises before collection, transport or delivery, unless otherwise agreed in writing.
11.3 Once the goods leave the Company’s premises, the manufacturing arrangement shall be deemed concluded, subject only to recorded snags or warranty claims.
11.4 If the Buyer is unable or unwilling to inspect the goods before collection, transport or delivery, the goods shall be deemed accepted upon release from the Company’s premises.
11.5 Transport to and from the Company’s premises is for the Buyer’s account unless expressly included in the quotation.
11.6 The Company is not a transport company. Where the Company assists with arranging transport, it does so as an administrative assistance only, and the transporter remains a third-party service provider.
11.7 Risk in the goods shall pass to the Buyer upon collection by the Buyer, the Buyer’s representative, or a third-party transporter.
11.8 The Company shall not be liable for damage, delays, losses or claims arising during transport by a third-party carrier.
STORAGE
12.1 If the goods are ready for collection and the Buyer delays collection, final payment, inspection, sign-off, transport arrangements or delivery, the Company may charge storage fees.
12.2 Unless otherwise agreed, storage shall be charged at R100 per day from the date the Buyer is notified that the goods are ready or substantially ready for collection.
12.3 Storage fees must be paid before release of the goods.
SIGN-OFF AND SNAGS
13.1 The Buyer must inspect the goods before collection or delivery.
13.2 Any visible snags, defects or incomplete items must be recorded in writing at inspection or within 24 hours of collection/delivery.
13.3 Minor snags do not entitle the Buyer to cancel the agreement, refuse delivery, withhold the full final balance, or claim a refund.
13.4 The Company shall be given a reasonable opportunity to remedy any valid snag or defect.
13.5 If the Buyer alters, repairs, modifies, tampers with, removes equipment from, or permits a third party to work on the goods without the Company’s written consent, the warranty or snag claim may be void.
RESERVATION OF OWNERSHIP
14.1 Ownership of all goods shall remain vested in the Company until the full purchase price and all additional charges, storage fees, variation costs and outstanding amounts have been paid in full.
14.2 No latitude, indulgence, extension of time or partial payment shall waive the Company’s rights.
14.3 If the Buyer defaults, the Company may retain possession of the goods, suspend work, refuse release, claim payment, claim damages, resell the goods where legally permitted, and exercise any other rights available in law or contract.
WARRANTY
15.1 The Company provides a limited workmanship warranty on the body/build work for a period of 6 months from the date of collection or delivery, provided the unit is used normally, stored appropriately, maintained correctly and not altered or damaged.
15.2 The workmanship warranty covers defects in workmanship caused by the Company, but does not cover misuse, neglect, abuse, accidents, overloading, weather damage, UV damage, corrosion, wear and tear, cosmetic damage, commercial wear, vandalism, third-party alterations, or damage caused during transport.
15.3 All equipment, appliances, pumps, fridges, coffee machines, batteries, electrical components, gas components, mechanisms, screens, imported items and supplier items are covered only by the applicable supplier, importer or manufacturer warranty, where such warranty exists.
15.4 Vehicle mechanical warranties, where applicable, remain with the original vehicle seller, dealer, importer or manufacturer. The Company does not warrant the motorised/mechanical portion of pre-owned vehicles unless expressly agreed in writing.
15.5 Warranty inspections and repairs must take place at the Company’s premises unless otherwise agreed in writing.
15.6 Call-out fees, transport costs, towing costs, courier costs and third-party technician fees are for the Buyer’s account unless otherwise agreed in writing.
15.7 The Company shall not be liable for loss of income, loss of profit, event losses, trading losses, reputational damage, consequential damages or indirect damages arising from warranty repairs, delays, defects, supplier issues or downtime.
SURFACE CORROSION AND MAINTENANCE
16.1 Exposed metal parts may corrode, especially in coastal areas.
16.2 The Buyer is responsible for regular cleaning, maintenance, servicing, sealing, corrosion prevention and care of the goods.
16.3 Failure to maintain the goods properly may void any applicable warranty.
SECOND-HAND / PRE-OWNED VEHICLES
17.1 Where a pre-owned vehicle is supplied, the Buyer acknowledges that the vehicle is pre-owned and may have wear and tear consistent with its age, mileage and prior use.
17.2 Pre-owned vehicles are sold as inspected, unless otherwise recorded in writing.
17.3 The Buyer must inspect the vehicle before acceptance, collection or transport.
17.4 The Company shall not be liable for mechanical issues, parts replacement, tyres, batteries, wear-and-tear items, servicing, latent defects or defects arising after collection, unless expressly agreed in writing.
17.5 Where a roadworthy certificate is required, the roadworthy certificate shall not be deemed a general warranty against future defects.
17.6 Any claim relating to the original vehicle, engine, gearbox, drivetrain, chassis, motorised components or manufacturer warranty must be referred to the original seller, dealer, importer or manufacturer, where applicable.
BRANDING
18.1 The Buyer is responsible for providing correct logos, branding files, colours, artwork, spelling, contact details and design approvals.
18.2 The Company shall not be liable for printing errors, colour differences, spelling errors or branding issues where artwork or branding has been approved by the Buyer or supplied by the Buyer.
18.3 The Company reserves the right to place its FT Shop branding or builder’s mark unobtrusively on the goods unless otherwise agreed in writing.
LIMITATION OF LIABILITY
19.1 To the maximum extent permitted by law, the Company shall not be liable for indirect, special or consequential damages, including but not limited to loss of income, loss of profit, loss of business opportunity, cancelled events, reputational harm, penalties, third-party claims or trading losses.
19.2 The Buyer remains responsible for ensuring that the goods are suitable for the Buyer’s intended purpose, business model, trading site, licensing requirements, municipal approvals, health and safety approvals, gas approvals, electrical requirements and operational needs.
19.3 No representation, promise, estimate, statement or undertaking shall be binding unless confirmed in writing by the Company.
PERSONAL INFORMATION
20.1 The Buyer consents to the Company processing personal and business information reasonably required for quotations, invoicing, contracting, payments, registration, compliance, delivery, warranty, legal recovery and record-keeping.
20.2 Such information may include names, identity numbers, company registration numbers, VAT numbers, tax numbers, addresses, contact details, banking/payment details and project information.
20.3 The Company shall use such information only for lawful business purposes related to the transaction, unless otherwise required by law.
BREACH
21.1 If the Buyer breaches any term of this agreement and fails to remedy the breach within 24 hours of written or verbal notice, the Company may suspend work, refuse delivery, claim payment, claim damages, cancel the agreement, retain amounts paid, resell the goods where legally permitted, or exercise any other rights available in law or contract.
21.2 Breach includes, but is not limited to, non-payment, failure to collect, failure to approve, failure to provide required information, refusal to cooperate, abusive or threatening conduct, misrepresentation, or unlawful interference with the Company’s ability to perform.
LEGAL COSTS
22.1 If the Buyer is in breach and the Company instructs attorneys, debt collectors or legal representatives to recover amounts owing, enforce its rights, defend claims, or claim damages, the Buyer shall be liable for all legal costs, collection charges and related expenses on an attorney and own client scale, to the extent permitted by law.
JURISDICTION AND APPLICABLE LAW
23.1 This agreement shall be governed by the laws of the Republic of South Africa.
23.2 The Buyer consents to the jurisdiction of the Magistrate’s Court, notwithstanding that the amount claimed may otherwise exceed the jurisdiction of that court.
GENERAL
24.1 These terms, together with the accepted quotation, invoice, project specification, written approvals and any written variations, constitute the agreement between the parties.
24.2 No variation, amendment or cancellation shall be valid unless recorded in writing and accepted by the Company.
24.3 Email, WhatsApp and other written electronic communications may be used as proof of notices, approvals, instructions, variations, confirmations and correspondence.
24.4 If any clause is found to be invalid or unenforceable, the remaining clauses shall remain valid and enforceable.
24.5 No failure or delay by the Company in enforcing any right shall be deemed a waiver of that right.
ACCEPTANCE
By accepting a quotation, paying a deposit, approving a design, confirming an order, or instructing the Company to proceed, the Buyer confirms that they have read, understood and accepted these Terms and Conditions.