Legal pack · Version 2026.1

Terms, policies and statutory notices

SmartBuilders · South Africa · Effective 18 September 2026

info@smartbuilders.co.za · 012 654 7690 / 072 912 7979
https://www.smartbuilders.co.za/

This pack is the contract terms for website, application, quotation and in-store sales. It is governed by the law of the Republic of South Africa. By using the services or placing an order the customer agrees to every document in this pack, including Schedule A.

1. Website and application terms of use
2. Conditions of sale
3. Quotations and beat-a-quote
4. Delivery, collection and couriers
5. Returns, exchanges and refunds
6. Privacy notice (POPIA)
7. Promotion of Access to Information (PAIA) manual — summary
8. Electronic communications (ECTA)
9. Payment terms
10. Schedule A — General conditions (additional clauses)

Part 1

Website and application terms of use

1.1 These terms govern access to https://www.smartbuilders.co.za/, the SmartBuilders customer application, quote forms, checkout, tracking pages and related electronic services (the Services).
1.2 The Services are operated by SmartBuilders in the Republic of South Africa.
1.3 By browsing, creating a cart, requesting a quote, opening an account or placing an order, the user agrees to this pack of legal documents.
1.4 If the user does not agree, the user must leave the Services immediately.
1.5 The Services are provided for lawful purchases of hardware, building materials and related goods in South Africa.
1.6 Content is provided as general trade information. It is not engineering, architectural, quantity-surveying, legal or municipal-approval advice.
1.7 SmartBuilders may change, suspend or withdraw any part of the Services, including prices and stock displays, without prior notice.
1.8 The user shall not scrape, harvest, overload, probe or reverse-engineer the Services, and shall not introduce malware.
1.9 The user shall comply with the Cybercrimes Act 19 of 2020, the Electronic Communications and Transactions Act 25 of 2002 (ECTA) and the Protection of Personal Information Act 4 of 2013 (POPIA).
1.10 Intellectual property in the Services remains with SmartBuilders or its licensors. A limited licence to use the Services for placing orders is granted only.
1.11 Trade marks, logos and catalogue photographs may not be copied for a competing store or marketplace listing without written consent.
1.12 Reviews and uploaded documents must be lawful, accurate and free of malware. SmartBuilders may refuse, edit or remove content.
1.13 Hyperlinks to third-party sites are not endorsements. Payment gateways and couriers have their own terms.
1.14 Availability of the Services is not guaranteed. Interruptions, including load-shedding and maintenance, do not give rise to damages.
1.15 Electronic records of the user's activity may be stored and used as evidence of a transaction.
1.16 A click, tick-box, one-time pin or payment initiation is an electronic signature to the extent ECTA permits.
1.17 SmartBuilders may geo-restrict, rate-limit or verify unusual sessions.
1.18 These website terms are read with the conditions of sale, privacy notice, returns policy, delivery terms and Schedule A.

Part 2

Conditions of sale

2.1 A display of goods, a website price, a till price or a quotation is an invitation to treat, not a binding offer by SmartBuilders.
2.2 The customer offers to buy by placing an order, paying, or accepting a quotation in writing.
2.3 A contract is formed only when SmartBuilders accepts, by written confirmation, making goods ready for collection, or dispatch.
2.4 SmartBuilders may refuse or cancel an unaccepted line if stock, specification or a genuine price error so requires.
2.5 Prices are in South African rand and include VAT unless stated as exclusive.
2.6 Website and catalogue prices are estimates based on last known supplier cost and may change before acceptance because of exchange rates, supplier notices or capture error.
2.7 The price payable is the price on the tax invoice issued on acceptance, except where a consumer right that cannot be limited applies.
2.8 Payment is due before collection or dispatch unless a written trade account says otherwise.
2.9 Ownership remains with SmartBuilders until cleared funds are received for the goods and any related charges.
2.10 Risk passes on the earlier of collection, delivery to the customer's address, or handover to a courier instructed or accepted by the customer.
2.11 The customer must inspect goods before leaving the yard or before the courier departs, and endorse shortages or visible damage on the note.
2.12 SmartBuilders does not warrant fitness for a particular project unless a manager confirms that fitness in writing on the quotation after receiving complete specifications.
2.13 Staff comments are general trade information. They are not a variation of these conditions and are not a professional design.
2.14 Manufacturer data sheets and instructions form part of the customer's obligations.
2.15 Cut, tinted, mixed, made-to-measure, indent and specially procured goods may not be cancelled once work or procurement has begun, except as statute requires.
2.16 SmartBuilders may supply a reasonable commercial equivalent if the exact SKU is unavailable. The customer may cancel that line before cutting, tinting or indent.
2.17 Time of delivery or cutting is an estimate. Time is not of the essence against SmartBuilders unless a manager agrees a fixed date in writing.
2.18 Force majeure includes strike, riot, flood, fire, epidemic, supplier failure, transport embargo, lawful restriction and load-shedding beyond ordinary planning.
2.19 To the maximum extent permitted by the Consumer Protection Act 68 of 2008 (CPA) and other law, SmartBuilders's aggregate liability on an order is limited to the invoice value of the goods giving rise to the claim.
2.20 SmartBuilders is not liable for consequential or economic loss, including delay, standing time, penalties or loss of profit, except to the extent such exclusion is unlawful.
2.21 Where the CPA applies, rights that cannot lawfully be limited remain available, and the rest of these conditions continue.
2.22 Where the CPA does not apply, including certain juristic-person transactions, the limitations apply with full force.
2.23 The customer's standard purchasing terms do not apply unless a person authorised by SmartBuilders accepts them in writing.
2.24 A purchase-order number is the customer's reference only and does not incorporate the customer's terms.
2.25 Interest on overdue amounts accrues at the prescribed rate under the Prescribed Rate of Interest Act 55 of 1975 from the due date.
2.26 A manager's or accountant's certificate of the amount owing is prima facie proof of that amount.
2.27 The customer consents to the jurisdiction of the Magistrate's Court without limiting SmartBuilders's right to proceed in the High Court.
2.28 South African law governs. The courts of Gauteng have non-exclusive jurisdiction.

Part 3

Quotations and beat-a-quote

3.1 A quotation is an invitation to treat. It is valid only for the period printed on it and lapses if not accepted in writing.
3.2 Quantities may be rounded to pack sizes. The customer pays for invoiced quantities.
3.3 Site measures and take-offs, if offered, are approximate. The customer remains responsible for final quantities, wastage and design.
3.4 SmartBuilders may withdraw a quotation if a supplier withdraws a price, if stock disappears, or if a genuine error is found.
3.5 Acceptance of a quotation is subject to the conditions of sale in this pack.
3.6 A beat-a-quote request must attach a bona fide written competitor quote for the same specification and quantities.
3.7 Beat-a-quote is discretionary. It does not apply to specials, clearance, errors, different brands or different specifications.
3.8 SmartBuilders will not publish the competitor document, but may verify it.
3.9 Quote files and take-offs prepared by SmartBuilders remain its intellectual property until the related order is placed.
3.10 Bulk-quote requests that omit quantities or specifications may be declined.
3.11 No penalty in the customer's building contract binds SmartBuilders unless SmartBuilders signed that contract.

Part 4

Delivery, collection and couriers

4.1 Collection at a SmartBuilders branch is the default fulfilment unless delivery is selected and paid for.
4.2 The customer must provide a complete address, a reachable mobile number and, where used, a correct map pin.
4.3 Courier Guy, Bob Go and other couriers are independent contractors. Their service levels and tracking apply to the carriage.
4.4 SmartBuilders is not in breach solely because a courier missed an estimated collection or delivery window.
4.5 A person collecting goods must be authorised. A signed collection note binds the customer.
4.6 The customer must supply a roadworthy vehicle of lawful capacity. SmartBuilders may refuse to load an unsafe vehicle.
4.7 Forklift assistance is a courtesy and does not transfer liability for the customer's load security or roadworthiness.
4.8 Delivery to a site is completed when goods are placed at the kerbside or nearest safe point, unless a written hoist service is purchased.
4.9 Off-loading labour, except ordinary parcel handling, is the customer's responsibility.
4.10 Waiting time, abortive delivery, after-hours attendance and redelivery caused by the customer may be charged.
4.11 A leave-at-gate or leave-with-neighbour instruction is at the customer's risk.
4.12 Proof of delivery signed by any person at the stated address is evidence that delivery occurred, absent fraud.
4.13 Failed-delivery storage may be charged after 48 hours.
4.14 Uncollected paid goods may be sold after the notices the law requires, or otherwise after 90 days, and the proceeds set off against amounts owing.
4.15 SmartBuilders does not insure goods after risk has passed. The customer should arrange insurance.
4.16 If the customer appoints its own transporter, that transporter is the customer's agent.

Part 5

Returns, exchanges and refunds

5.1 Nothing in this section limits a return, repair or refund right that the CPA or other statute grants and that cannot be excluded.
5.2 Discretionary returns, where SmartBuilders agrees to take goods back other than as statute requires, must be unused, in original packaging, with the tax invoice, within 30 days of the invoice date.
5.3 Electrical components, sanitaryware, safety wear and personal-protective items that have been opened are not returnable on a discretionary basis if hygiene or certification is affected.
5.4 Cut cable, cut pipe, cut glass, cut mesh, tinted paint, mixed product, special orders and indent goods are not returnable on a discretionary basis.
5.5 A handling charge of up to 15 percent may be charged on a discretionary return where the law allows.
5.6 The original delivery charge is not refunded on a discretionary return.
5.7 Exchange is preferred to a cash refund on a discretionary return.
5.8 Refunds that are due are made to the original payment method after inspection and may follow the gateway or bank clearing period.
5.9 SmartBuilders may photograph returned goods.
5.10 Proof of purchase is required. The cardholder or account name must match unless written authority is produced.
5.11 Goods exposed to sewage, chemicals or biohazard will not be accepted.
5.12 Manufacturer warranties, where they exist, are the manufacturer's undertaking. SmartBuilders will provide available documents on request.
5.13 SmartBuilders is not obliged to operate an in-store repair workshop unless it has agreed in writing.

Part 6

Privacy notice (POPIA)

6.1 SmartBuilders is the responsible party for personal information processed through the Services and store sales, except where a payment gateway or courier is an independent responsible party.
6.2 Information collected typically includes name, email, telephone, delivery address, map coordinates, order contents, payment references, device data, CCTV on premises, and correspondence.
6.3 Purposes are quoting, selling, delivering, collecting payment, preventing fraud, keeping tax and company records, account administration, and trade communications where the customer has not objected.
6.4 Legal bases include contract, legitimate interests of a hardware retailer, legal obligation, and consent where required.
6.5 Operators may include PayFast, PayFlex, Courier Guy, Bob Go, hosting providers, accountants, the Touch365 or similar till provider, and email transmitters.
6.6 Records are kept for at least five years or longer if tax, company or other law requires.
6.7 A data subject may request access, correction, or, where appropriate, deletion or objection by emailing info@smartbuilders.co.za.
6.8 Complaints may be referred to the Information Regulator of South Africa (https://inforegulator.org.za) if not resolved.
6.9 The customer warrants that personal information of employees, drivers and other third parties was collected lawfully.
6.10 Cross-border transfers occur only where an operator or host requires them and a lawful ground exists.
6.11 Marketing may be stopped by the unsubscribe method in the message or by emailing info@smartbuilders.co.za.
6.12 Credit-application data, if a trade account is sought, may be verified with bureaux to the extent the National Credit Act 34 of 2005 applies.
6.13 CCTV and similar monitoring may operate for security and loss prevention.
6.14 Cookies and similar technologies support checkout, maps and security. Disabling them may prevent an order.
6.15 This notice is the privacy policy of SmartBuilders. It is not a Massmart or third-party merchant policy.

Part 7

Promotion of Access to Information (PAIA) manual — summary

7.1 This section is the PAIA manual summary of SmartBuilders for the purposes of the Promotion of Access to Information Act 2 of 2000.
7.2 The Information Officer may be contacted at info@smartbuilders.co.za or 012 654 7690 / 072 912 7979.
7.3 The Guide on how to use PAIA is available from the Information Regulator.
7.4 SmartBuilders has not published a voluntary section 52(2) notice. Certain information is already public on https://www.smartbuilders.co.za/.
7.5 Records held include company and tax records, supplier files, stock and till records, customer orders, quotes, correspondence, CCTV (for a limited period), employment records if any, and website logs.
7.6 Automatically available records include the public website catalogue and these legal pages.
7.7 A request must be made on the prescribed form, directed to the Information Officer, and accompanied by the prescribed fee where payable.
7.8 SmartBuilders may refuse a request on a ground in PAIA, including the protection of personal information of a third party and commercial confidentiality.
7.9 A requester who is dissatisfied may use the processes in PAIA, including complaint or application as that Act provides.
7.10 This manual may be inspected by arrangement at a published store during business hours, or obtained from the website.
7.11 Fees for reproduction, if charged, will not exceed those prescribed.
7.12 SmartBuilders updates this summary by publishing a new version on the legal pages.

Part 8

Electronic communications (ECTA)

8.1 Information required under Chapter VII of ECTA is provided on the website, checkout and these legal pages: identity of the supplier, geographic address via the contact and store pages, and contact details info@smartbuilders.co.za / 012 654 7690 / 072 912 7979.
8.2 A cooling-off right under ECTA, where it applies to an electronic transaction and has not been excluded by section 42, remains available.
8.3 Cooling-off does not apply to goods made to the customer's specifications, that are personalised, that deteriorate, or that are excluded by ECTA.
8.4 The contract terms are these legal pages. They are available to be stored and reproduced.
8.5 The transaction may be filed by the customer printing or saving these pages and the order confirmation.
8.6 Security procedures include HTTPS, payment-gateway processing and, where enabled, one-time pins.
8.7 The payment process is described at checkout. Payment providers display their own authentication steps.
8.8 SmartBuilders's record of the electronic transaction is evidence of its terms.
8.9 South African law applies to electronic transactions concluded through the Services.

Part 9

Payment terms

9.1 Accepted methods are those shown at checkout or till, typically electronic funds transfer, PayFast, PayFlex where enabled, and cash at store.
9.2 A payment is received only when credited as cleared funds or confirmed successful by the gateway.
9.3 SmartBuilders does not store full card numbers. Card data is processed by the gateway as an independent party.
9.4 Chargebacks entitle SmartBuilders to reclaim goods or their value and to recover the gateway fee where the law allows.
9.5 The customer must verify bank details using a telephone number published on the website, not a number in an unexpected message.
9.6 SmartBuilders is not liable for a payment sent to a fraudster after a phishing message.
9.7 High-value electronic payments may be held pending verification. Same-day release after EFT is discretionary.
9.8 PayFlex and similar credit or pay-later products are agreements between the customer and that provider. SmartBuilders is not the credit provider unless a separate agreement says so.
9.9 SmartBuilders does not offer cash loans.
9.10 Gift vouchers and store credit, if issued, are not redeemable for cash except as statute requires.
9.11 Invoices are issued under the Value-Added Tax Act 89 of 1991. The customer must not request a misstated invoice.

Part 10

Schedule A — General conditions (additional clauses)

10.1 Online checkout is an offer by the customer. A contract is formed only when SmartBuilders accepts the order by dispatch, collection readiness, or written confirmation.
10.2 Promotional stock is limited and may be withdrawn without notice.
10.3 Images are illustrative. Colour, texture and finish vary by batch, screen and lighting.
10.4 Cut, tinted, mixed, made-to-measure and specially imported goods are not returnable except where statute requires.
10.5 Opened electrical, sanitary, safety and personal-protective items are not returnable if hygiene or certification is affected.
10.6 Returned goods must be unused, in original packaging, with the tax invoice, within the published period, and may attract a handling charge where the law allows.
10.7 Refunds, where due, are made to the original payment method after inspection and may take the clearing period of the relevant bank or gateway.
10.8 PayFast, PayFlex and similar gateways are independent controllers of payment-card data. SmartBuilders does not store full card numbers.
10.9 Courier service levels, tracking and collection windows are those of the chosen courier. SmartBuilders is not in delay solely because a courier missed an estimated slot.
10.10 Collection is the customer's default fulfilment unless delivery is selected and paid for.
10.11 A quote is an invitation to treat, valid only for the period stated, and lapses if not accepted in writing.
10.12 Quantities on a quote may be rounded to pack sizes. The customer pays for the quantity invoiced.
10.13 Site measure, if offered, is approximate. The customer remains responsible for final quantities.
10.14 Force majeure includes load-shedding beyond ordinary planning, strike, riot, flood, fire, epidemic, supplier failure, transport embargo and lawfully imposed restriction.
10.15 SmartBuilders may cancel an order that cannot be fulfilled within a reasonable time and refund money received for the cancelled lines.
10.16 The customer must not scrape, harvest or misuse the website, and must not introduce malware.
10.17 Intellectual property in the website, catalogues and photographs remains with SmartBuilders or its licensors.
10.18 Reviews must be honest and may be moderated or removed if defamatory, off-topic or unlawful.
10.19 Trade prices and account facilities are discretionary and may be withdrawn.
10.20 Sureties for a juristic customer's account remain bound until released in writing, notwithstanding any change of directors or members.
10.21 Packaging is not designed as lifting or scaffolding equipment.
10.22 Maximum load, span and pressure figures published by manufacturers prevail over any informal staff comment.
10.23 The customer must isolate electrical and gas work to competent, legally permitted persons.
10.24 Hazardous goods must be transported and stored as required by the Occupational Health and Safety Act 85 of 1993 and applicable SANS standards.
10.25 SmartBuilders may refuse a sale that would reasonably appear to breach sanctions, stolen-goods, or explosive-precursor controls.
10.26 To the maximum extent permitted by the Consumer Protection Act 68 of 2008, the Electronic Communications and Transactions Act 25 of 2002 and other applicable law, SmartBuilders' aggregate liability arising out of any order is limited to the invoice value of the specific goods giving rise to the claim.
10.27 SmartBuilders is not liable for consequential, indirect, special or economic loss, including delay, standing time, penalties, loss of profit, rental of alternative plant, or damage to other works, except to the extent such exclusion is unlawful.
10.28 Time periods for delivery, cutting, tinting and quotation validity are estimates. Time is not of the essence against SmartBuilders unless a manager has agreed a fixed date in writing.
10.29 Risk in the goods passes on the earlier of collection, delivery to the address given by the customer, or delivery to a courier nominated or accepted by the customer.
10.30 Ownership remains with SmartBuilders until the price and all other amounts owing have been received as cleared funds.
10.31 A certificate signed by any manager or accountant of SmartBuilders stating the amount owing is prima facie proof of that amount for purposes of judgment, summary judgment or provisional sentence.
10.32 Interest on overdue amounts accrues at the prescribed rate under the Prescribed Rate of Interest Act 55 of 1975, or such higher lawful rate as may be agreed for a trade account, from the due date to the date of payment.
10.33 The customer consents to the jurisdiction of the Magistrate's Court notwithstanding that the claim may exceed that court's ordinary jurisdiction, without limiting SmartBuilders' right to proceed in the High Court.
10.34 These conditions are governed by the law of the Republic of South Africa. The parties submit to the non-exclusive jurisdiction of the courts of Gauteng.
10.35 If any provision is unenforceable, it is severed to the minimum extent required, and the remainder continues in force.
10.36 A notice to the customer may be given by email, SMS, WhatsApp, or delivery to the last address furnished on an order, quote or account, and is deemed received on the business day after sending.
10.37 The customer must keep contact details current. Failed electronic notices caused by a full mailbox, spam filter or obsolete number do not invalidate the notice.
10.38 SmartBuilders' chosen domicilium citandi et executandi is the store address published on the website from time to time, or such other address as it may notify in writing.
10.39 The customer chooses as domicilium the physical address and email furnished on the most recent order.
10.40 Variation of these conditions is valid only if recorded in writing and signed or issued by SmartBuilders on its letterhead, quotation or invoice.
10.41 No indulgence, extension of time or failure to enforce a right is a waiver.
10.42 These conditions, the quotation (if any), the invoice and any signed delivery note constitute the entire agreement for that transaction and supersede prior negotiations.
10.43 The customer may not cede or assign rights under an order without SmartBuilders' prior written consent.
10.44 Headings are for convenience only and do not affect interpretation.
10.45 Words importing the singular include the plural, and a reference to a person includes a juristic person, trust and partnership.
10.46 Personal information is processed as necessary to quote, sell, deliver, collect payment, prevent fraud, keep statutory records and, where the customer has not objected, send trade communications.
10.47 Operators such as payment gateways, couriers, accountants, IT hosts and the point-of-sale provider may receive personal information under operator agreements.
10.48 SmartBuilders retains transaction records for at least five years or longer if required by tax, company or other law.
10.49 CCTV and similar monitoring may operate on premises for security and loss prevention.
10.50 A data subject may request access to or correction of personal information by writing to the information officer at the published store email.
10.51 Complaints that are not resolved may be referred to the Information Regulator of South Africa.
10.52 The customer warrants that personal information of employees, drivers and other third parties supplied to SmartBuilders was collected lawfully and that those persons have been informed.
10.53 International transfers occur only where an operator or cloud host requires them and appropriate safeguards are in place, or the transfer is otherwise lawful.
10.54 Marketing messages may be stopped by using the unsubscribe method stated in the message or by emailing the store.
10.55 Credit-application information, where a trade account is sought, may be verified with credit bureaux in accordance with the National Credit Act 34 of 2005 to the extent that Act applies.
10.56 In respect of cement and bagged binders, the customer shall inspect the consignment against the delivery or collection note before leaving the premises or permitting the courier to depart, and shall endorse any visible defect or shortage on that note.
10.57 SmartBuilders does not warrant that cement and bagged binders will match a sample, prior batch, on-screen colour or architectural specification unless the match is confirmed in writing on the quotation.
10.58 The customer assumes responsibility for calculating quantities of cement and bagged binders required for the works, including wastage, breakage, cutting and site loss.
10.59 Once cement and bagged binders have been cut, mixed, tinted, assembled, installed or otherwise altered after leaving SmartBuilders' control, no return or price adjustment is available except as statute requires.
10.60 Storage of cement and bagged binders after risk has passed is entirely at the customer's risk, including theft, weather, contamination and moisture movement.
10.61 Any technical data sheet, SANS reference or manufacturer instruction supplied with cement and bagged binders forms part of the customer's obligation to use the goods correctly.
10.62 SmartBuilders may substitute cement and bagged binders with goods of equivalent commercial grade if the ordered item is discontinued or out of stock, subject to the customer's right to cancel that line before alteration or special procurement.
10.63 Claims relating to cement and bagged binders must be notified in writing within seven days of delivery or collection, or within the shorter period stated on the invoice, failing which the goods are deemed accepted as to quantity and visible quality, except for latent defects as recognised by law.
10.64 The customer shall not use cement and bagged binders for a purpose, load or environment other than that for which the goods are ordinarily sold in the South African builders-merchant trade without independent professional advice.
10.65 SmartBuilders' employees are not authorised to guarantee performance of cement and bagged binders on a particular site, soil type, roof, voltage or water condition.
10.66 In respect of aggregates, sand and stone, the customer shall inspect the consignment against the delivery or collection note before leaving the premises or permitting the courier to depart, and shall endorse any visible defect or shortage on that note.
10.67 SmartBuilders does not warrant that aggregates, sand and stone will match a sample, prior batch, on-screen colour or architectural specification unless the match is confirmed in writing on the quotation.
10.68 The customer assumes responsibility for calculating quantities of aggregates, sand and stone required for the works, including wastage, breakage, cutting and site loss.
10.69 Once aggregates, sand and stone have been cut, mixed, tinted, assembled, installed or otherwise altered after leaving SmartBuilders' control, no return or price adjustment is available except as statute requires.
10.70 Storage of aggregates, sand and stone after risk has passed is entirely at the customer's risk, including theft, weather, contamination and moisture movement.
10.71 Any technical data sheet, SANS reference or manufacturer instruction supplied with aggregates, sand and stone forms part of the customer's obligation to use the goods correctly.
10.72 SmartBuilders may substitute aggregates, sand and stone with goods of equivalent commercial grade if the ordered item is discontinued or out of stock, subject to the customer's right to cancel that line before alteration or special procurement.
10.73 Claims relating to aggregates, sand and stone must be notified in writing within seven days of delivery or collection, or within the shorter period stated on the invoice, failing which the goods are deemed accepted as to quantity and visible quality, except for latent defects as recognised by law.
10.74 The customer shall not use aggregates, sand and stone for a purpose, load or environment other than that for which the goods are ordinarily sold in the South African builders-merchant trade without independent professional advice.
10.75 SmartBuilders' employees are not authorised to guarantee performance of aggregates, sand and stone on a particular site, soil type, roof, voltage or water condition.
10.76 In respect of ready-mix and dry-mix concrete products, the customer shall inspect the consignment against the delivery or collection note before leaving the premises or permitting the courier to depart, and shall endorse any visible defect or shortage on that note.
10.77 SmartBuilders does not warrant that ready-mix and dry-mix concrete products will match a sample, prior batch, on-screen colour or architectural specification unless the match is confirmed in writing on the quotation.
10.78 The customer assumes responsibility for calculating quantities of ready-mix and dry-mix concrete products required for the works, including wastage, breakage, cutting and site loss.
10.79 Once ready-mix and dry-mix concrete products have been cut, mixed, tinted, assembled, installed or otherwise altered after leaving SmartBuilders' control, no return or price adjustment is available except as statute requires.
10.80 Storage of ready-mix and dry-mix concrete products after risk has passed is entirely at the customer's risk, including theft, weather, contamination and moisture movement.
10.81 Any technical data sheet, SANS reference or manufacturer instruction supplied with ready-mix and dry-mix concrete products forms part of the customer's obligation to use the goods correctly.
10.82 SmartBuilders may substitute ready-mix and dry-mix concrete products with goods of equivalent commercial grade if the ordered item is discontinued or out of stock, subject to the customer's right to cancel that line before alteration or special procurement.
10.83 Claims relating to ready-mix and dry-mix concrete products must be notified in writing within seven days of delivery or collection, or within the shorter period stated on the invoice, failing which the goods are deemed accepted as to quantity and visible quality, except for latent defects as recognised by law.
10.84 The customer shall not use ready-mix and dry-mix concrete products for a purpose, load or environment other than that for which the goods are ordinarily sold in the South African builders-merchant trade without independent professional advice.
10.85 SmartBuilders' employees are not authorised to guarantee performance of ready-mix and dry-mix concrete products on a particular site, soil type, roof, voltage or water condition.
10.86 In respect of bricks, blocks and masonry units, the customer shall inspect the consignment against the delivery or collection note before leaving the premises or permitting the courier to depart, and shall endorse any visible defect or shortage on that note.
10.87 SmartBuilders does not warrant that bricks, blocks and masonry units will match a sample, prior batch, on-screen colour or architectural specification unless the match is confirmed in writing on the quotation.
10.88 The customer assumes responsibility for calculating quantities of bricks, blocks and masonry units required for the works, including wastage, breakage, cutting and site loss.
10.89 Once bricks, blocks and masonry units have been cut, mixed, tinted, assembled, installed or otherwise altered after leaving SmartBuilders' control, no return or price adjustment is available except as statute requires.
10.90 Storage of bricks, blocks and masonry units after risk has passed is entirely at the customer's risk, including theft, weather, contamination and moisture movement.
10.91 Any technical data sheet, SANS reference or manufacturer instruction supplied with bricks, blocks and masonry units forms part of the customer's obligation to use the goods correctly.
10.92 SmartBuilders may substitute bricks, blocks and masonry units with goods of equivalent commercial grade if the ordered item is discontinued or out of stock, subject to the customer's right to cancel that line before alteration or special procurement.
10.93 Claims relating to bricks, blocks and masonry units must be notified in writing within seven days of delivery or collection, or within the shorter period stated on the invoice, failing which the goods are deemed accepted as to quantity and visible quality, except for latent defects as recognised by law.
10.94 The customer shall not use bricks, blocks and masonry units for a purpose, load or environment other than that for which the goods are ordinarily sold in the South African builders-merchant trade without independent professional advice.
10.95 SmartBuilders' employees are not authorised to guarantee performance of bricks, blocks and masonry units on a particular site, soil type, roof, voltage or water condition.
10.96 In respect of lintels, precast and concrete accessories, the customer shall inspect the consignment against the delivery or collection note before leaving the premises or permitting the courier to depart, and shall endorse any visible defect or shortage on that note.
10.97 SmartBuilders does not warrant that lintels, precast and concrete accessories will match a sample, prior batch, on-screen colour or architectural specification unless the match is confirmed in writing on the quotation.
10.98 The customer assumes responsibility for calculating quantities of lintels, precast and concrete accessories required for the works, including wastage, breakage, cutting and site loss.
10.99 Once lintels, precast and concrete accessories have been cut, mixed, tinted, assembled, installed or otherwise altered after leaving SmartBuilders' control, no return or price adjustment is available except as statute requires.
10.100 Storage of lintels, precast and concrete accessories after risk has passed is entirely at the customer's risk, including theft, weather, contamination and moisture movement.
10.101 Any technical data sheet, SANS reference or manufacturer instruction supplied with lintels, precast and concrete accessories forms part of the customer's obligation to use the goods correctly.
10.102 SmartBuilders may substitute lintels, precast and concrete accessories with goods of equivalent commercial grade if the ordered item is discontinued or out of stock, subject to the customer's right to cancel that line before alteration or special procurement.
10.103 Claims relating to lintels, precast and concrete accessories must be notified in writing within seven days of delivery or collection, or within the shorter period stated on the invoice, failing which the goods are deemed accepted as to quantity and visible quality, except for latent defects as recognised by law.
10.104 The customer shall not use lintels, precast and concrete accessories for a purpose, load or environment other than that for which the goods are ordinarily sold in the South African builders-merchant trade without independent professional advice.
10.105 SmartBuilders' employees are not authorised to guarantee performance of lintels, precast and concrete accessories on a particular site, soil type, roof, voltage or water condition.
10.106 In respect of timber, boards and engineered wood, the customer shall inspect the consignment against the delivery or collection note before leaving the premises or permitting the courier to depart, and shall endorse any visible defect or shortage on that note.
10.107 SmartBuilders does not warrant that timber, boards and engineered wood will match a sample, prior batch, on-screen colour or architectural specification unless the match is confirmed in writing on the quotation.
10.108 The customer assumes responsibility for calculating quantities of timber, boards and engineered wood required for the works, including wastage, breakage, cutting and site loss.
10.109 Once timber, boards and engineered wood have been cut, mixed, tinted, assembled, installed or otherwise altered after leaving SmartBuilders' control, no return or price adjustment is available except as statute requires.
10.110 Storage of timber, boards and engineered wood after risk has passed is entirely at the customer's risk, including theft, weather, contamination and moisture movement.
10.111 Any technical data sheet, SANS reference or manufacturer instruction supplied with timber, boards and engineered wood forms part of the customer's obligation to use the goods correctly.
10.112 SmartBuilders may substitute timber, boards and engineered wood with goods of equivalent commercial grade if the ordered item is discontinued or out of stock, subject to the customer's right to cancel that line before alteration or special procurement.
10.113 Claims relating to timber, boards and engineered wood must be notified in writing within seven days of delivery or collection, or within the shorter period stated on the invoice, failing which the goods are deemed accepted as to quantity and visible quality, except for latent defects as recognised by law.
10.114 The customer shall not use timber, boards and engineered wood for a purpose, load or environment other than that for which the goods are ordinarily sold in the South African builders-merchant trade without independent professional advice.
10.115 SmartBuilders' employees are not authorised to guarantee performance of timber, boards and engineered wood on a particular site, soil type, roof, voltage or water condition.
10.116 In respect of roof trusses, purlins and roofing timber, the customer shall inspect the consignment against the delivery or collection note before leaving the premises or permitting the courier to depart, and shall endorse any visible defect or shortage on that note.
10.117 SmartBuilders does not warrant that roof trusses, purlins and roofing timber will match a sample, prior batch, on-screen colour or architectural specification unless the match is confirmed in writing on the quotation.
10.118 The customer assumes responsibility for calculating quantities of roof trusses, purlins and roofing timber required for the works, including wastage, breakage, cutting and site loss.
10.119 Once roof trusses, purlins and roofing timber have been cut, mixed, tinted, assembled, installed or otherwise altered after leaving SmartBuilders' control, no return or price adjustment is available except as statute requires.
10.120 Storage of roof trusses, purlins and roofing timber after risk has passed is entirely at the customer's risk, including theft, weather, contamination and moisture movement.
10.121 Any technical data sheet, SANS reference or manufacturer instruction supplied with roof trusses, purlins and roofing timber forms part of the customer's obligation to use the goods correctly.
10.122 SmartBuilders may substitute roof trusses, purlins and roofing timber with goods of equivalent commercial grade if the ordered item is discontinued or out of stock, subject to the customer's right to cancel that line before alteration or special procurement.
10.123 Claims relating to roof trusses, purlins and roofing timber must be notified in writing within seven days of delivery or collection, or within the shorter period stated on the invoice, failing which the goods are deemed accepted as to quantity and visible quality, except for latent defects as recognised by law.
10.124 The customer shall not use roof trusses, purlins and roofing timber for a purpose, load or environment other than that for which the goods are ordinarily sold in the South African builders-merchant trade without independent professional advice.
10.125 SmartBuilders' employees are not authorised to guarantee performance of roof trusses, purlins and roofing timber on a particular site, soil type, roof, voltage or water condition.
10.126 In respect of roof sheets, tiles, flashings and ridging, the customer shall inspect the consignment against the delivery or collection note before leaving the premises or permitting the courier to depart, and shall endorse any visible defect or shortage on that note.
10.127 SmartBuilders does not warrant that roof sheets, tiles, flashings and ridging will match a sample, prior batch, on-screen colour or architectural specification unless the match is confirmed in writing on the quotation.
10.128 The customer assumes responsibility for calculating quantities of roof sheets, tiles, flashings and ridging required for the works, including wastage, breakage, cutting and site loss.
10.129 Once roof sheets, tiles, flashings and ridging have been cut, mixed, tinted, assembled, installed or otherwise altered after leaving SmartBuilders' control, no return or price adjustment is available except as statute requires.
10.130 Storage of roof sheets, tiles, flashings and ridging after risk has passed is entirely at the customer's risk, including theft, weather, contamination and moisture movement.
10.131 Any technical data sheet, SANS reference or manufacturer instruction supplied with roof sheets, tiles, flashings and ridging forms part of the customer's obligation to use the goods correctly.
10.132 SmartBuilders may substitute roof sheets, tiles, flashings and ridging with goods of equivalent commercial grade if the ordered item is discontinued or out of stock, subject to the customer's right to cancel that line before alteration or special procurement.
10.133 Claims relating to roof sheets, tiles, flashings and ridging must be notified in writing within seven days of delivery or collection, or within the shorter period stated on the invoice, failing which the goods are deemed accepted as to quantity and visible quality, except for latent defects as recognised by law.
10.134 The customer shall not use roof sheets, tiles, flashings and ridging for a purpose, load or environment other than that for which the goods are ordinarily sold in the South African builders-merchant trade without independent professional advice.
10.135 SmartBuilders' employees are not authorised to guarantee performance of roof sheets, tiles, flashings and ridging on a particular site, soil type, roof, voltage or water condition.
10.136 In respect of waterproofing membranes and sealants, the customer shall inspect the consignment against the delivery or collection note before leaving the premises or permitting the courier to depart, and shall endorse any visible defect or shortage on that note.
10.137 SmartBuilders does not warrant that waterproofing membranes and sealants will match a sample, prior batch, on-screen colour or architectural specification unless the match is confirmed in writing on the quotation.
10.138 The customer assumes responsibility for calculating quantities of waterproofing membranes and sealants required for the works, including wastage, breakage, cutting and site loss.
10.139 Once waterproofing membranes and sealants have been cut, mixed, tinted, assembled, installed or otherwise altered after leaving SmartBuilders' control, no return or price adjustment is available except as statute requires.
10.140 Storage of waterproofing membranes and sealants after risk has passed is entirely at the customer's risk, including theft, weather, contamination and moisture movement.
10.141 Any technical data sheet, SANS reference or manufacturer instruction supplied with waterproofing membranes and sealants forms part of the customer's obligation to use the goods correctly.
10.142 SmartBuilders may substitute waterproofing membranes and sealants with goods of equivalent commercial grade if the ordered item is discontinued or out of stock, subject to the customer's right to cancel that line before alteration or special procurement.
10.143 Claims relating to waterproofing membranes and sealants must be notified in writing within seven days of delivery or collection, or within the shorter period stated on the invoice, failing which the goods are deemed accepted as to quantity and visible quality, except for latent defects as recognised by law.
10.144 The customer shall not use waterproofing membranes and sealants for a purpose, load or environment other than that for which the goods are ordinarily sold in the South African builders-merchant trade without independent professional advice.
10.145 SmartBuilders' employees are not authorised to guarantee performance of waterproofing membranes and sealants on a particular site, soil type, roof, voltage or water condition.
10.146 In respect of paint, coatings, primers and solvents, the customer shall inspect the consignment against the delivery or collection note before leaving the premises or permitting the courier to depart, and shall endorse any visible defect or shortage on that note.
10.147 SmartBuilders does not warrant that paint, coatings, primers and solvents will match a sample, prior batch, on-screen colour or architectural specification unless the match is confirmed in writing on the quotation.
10.148 The customer assumes responsibility for calculating quantities of paint, coatings, primers and solvents required for the works, including wastage, breakage, cutting and site loss.
10.149 Once paint, coatings, primers and solvents have been cut, mixed, tinted, assembled, installed or otherwise altered after leaving SmartBuilders' control, no return or price adjustment is available except as statute requires.
10.150 Storage of paint, coatings, primers and solvents after risk has passed is entirely at the customer's risk, including theft, weather, contamination and moisture movement.
10.151 Any technical data sheet, SANS reference or manufacturer instruction supplied with paint, coatings, primers and solvents forms part of the customer's obligation to use the goods correctly.
10.152 SmartBuilders may substitute paint, coatings, primers and solvents with goods of equivalent commercial grade if the ordered item is discontinued or out of stock, subject to the customer's right to cancel that line before alteration or special procurement.
10.153 Claims relating to paint, coatings, primers and solvents must be notified in writing within seven days of delivery or collection, or within the shorter period stated on the invoice, failing which the goods are deemed accepted as to quantity and visible quality, except for latent defects as recognised by law.
10.154 The customer shall not use paint, coatings, primers and solvents for a purpose, load or environment other than that for which the goods are ordinarily sold in the South African builders-merchant trade without independent professional advice.
10.155 SmartBuilders' employees are not authorised to guarantee performance of paint, coatings, primers and solvents on a particular site, soil type, roof, voltage or water condition.
10.156 In respect of plumbing pipes, fittings and sanitaryware, the customer shall inspect the consignment against the delivery or collection note before leaving the premises or permitting the courier to depart, and shall endorse any visible defect or shortage on that note.
10.157 SmartBuilders does not warrant that plumbing pipes, fittings and sanitaryware will match a sample, prior batch, on-screen colour or architectural specification unless the match is confirmed in writing on the quotation.
10.158 The customer assumes responsibility for calculating quantities of plumbing pipes, fittings and sanitaryware required for the works, including wastage, breakage, cutting and site loss.
10.159 Once plumbing pipes, fittings and sanitaryware have been cut, mixed, tinted, assembled, installed or otherwise altered after leaving SmartBuilders' control, no return or price adjustment is available except as statute requires.
10.160 Storage of plumbing pipes, fittings and sanitaryware after risk has passed is entirely at the customer's risk, including theft, weather, contamination and moisture movement.
10.161 Any technical data sheet, SANS reference or manufacturer instruction supplied with plumbing pipes, fittings and sanitaryware forms part of the customer's obligation to use the goods correctly.
10.162 SmartBuilders may substitute plumbing pipes, fittings and sanitaryware with goods of equivalent commercial grade if the ordered item is discontinued or out of stock, subject to the customer's right to cancel that line before alteration or special procurement.
10.163 Claims relating to plumbing pipes, fittings and sanitaryware must be notified in writing within seven days of delivery or collection, or within the shorter period stated on the invoice, failing which the goods are deemed accepted as to quantity and visible quality, except for latent defects as recognised by law.
10.164 The customer shall not use plumbing pipes, fittings and sanitaryware for a purpose, load or environment other than that for which the goods are ordinarily sold in the South African builders-merchant trade without independent professional advice.
10.165 SmartBuilders' employees are not authorised to guarantee performance of plumbing pipes, fittings and sanitaryware on a particular site, soil type, roof, voltage or water condition.
10.166 In respect of electrical cable, fittings and switchgear, the customer shall inspect the consignment against the delivery or collection note before leaving the premises or permitting the courier to depart, and shall endorse any visible defect or shortage on that note.
10.167 SmartBuilders does not warrant that electrical cable, fittings and switchgear will match a sample, prior batch, on-screen colour or architectural specification unless the match is confirmed in writing on the quotation.
10.168 The customer assumes responsibility for calculating quantities of electrical cable, fittings and switchgear required for the works, including wastage, breakage, cutting and site loss.
10.169 Once electrical cable, fittings and switchgear have been cut, mixed, tinted, assembled, installed or otherwise altered after leaving SmartBuilders' control, no return or price adjustment is available except as statute requires.
10.170 Storage of electrical cable, fittings and switchgear after risk has passed is entirely at the customer's risk, including theft, weather, contamination and moisture movement.
10.171 Any technical data sheet, SANS reference or manufacturer instruction supplied with electrical cable, fittings and switchgear forms part of the customer's obligation to use the goods correctly.
10.172 SmartBuilders may substitute electrical cable, fittings and switchgear with goods of equivalent commercial grade if the ordered item is discontinued or out of stock, subject to the customer's right to cancel that line before alteration or special procurement.
10.173 Claims relating to electrical cable, fittings and switchgear must be notified in writing within seven days of delivery or collection, or within the shorter period stated on the invoice, failing which the goods are deemed accepted as to quantity and visible quality, except for latent defects as recognised by law.
10.174 The customer shall not use electrical cable, fittings and switchgear for a purpose, load or environment other than that for which the goods are ordinarily sold in the South African builders-merchant trade without independent professional advice.
10.175 SmartBuilders' employees are not authorised to guarantee performance of electrical cable, fittings and switchgear on a particular site, soil type, roof, voltage or water condition.
10.176 In respect of fasteners, anchors and fixings, the customer shall inspect the consignment against the delivery or collection note before leaving the premises or permitting the courier to depart, and shall endorse any visible defect or shortage on that note.
10.177 SmartBuilders does not warrant that fasteners, anchors and fixings will match a sample, prior batch, on-screen colour or architectural specification unless the match is confirmed in writing on the quotation.
10.178 The customer assumes responsibility for calculating quantities of fasteners, anchors and fixings required for the works, including wastage, breakage, cutting and site loss.
10.179 Once fasteners, anchors and fixings have been cut, mixed, tinted, assembled, installed or otherwise altered after leaving SmartBuilders' control, no return or price adjustment is available except as statute requires.
10.180 Storage of fasteners, anchors and fixings after risk has passed is entirely at the customer's risk, including theft, weather, contamination and moisture movement.
10.181 Any technical data sheet, SANS reference or manufacturer instruction supplied with fasteners, anchors and fixings forms part of the customer's obligation to use the goods correctly.
10.182 SmartBuilders may substitute fasteners, anchors and fixings with goods of equivalent commercial grade if the ordered item is discontinued or out of stock, subject to the customer's right to cancel that line before alteration or special procurement.
10.183 Claims relating to fasteners, anchors and fixings must be notified in writing within seven days of delivery or collection, or within the shorter period stated on the invoice, failing which the goods are deemed accepted as to quantity and visible quality, except for latent defects as recognised by law.
10.184 The customer shall not use fasteners, anchors and fixings for a purpose, load or environment other than that for which the goods are ordinarily sold in the South African builders-merchant trade without independent professional advice.
10.185 SmartBuilders' employees are not authorised to guarantee performance of fasteners, anchors and fixings on a particular site, soil type, roof, voltage or water condition.
10.186 In respect of steel, rebar, mesh and structural sections, the customer shall inspect the consignment against the delivery or collection note before leaving the premises or permitting the courier to depart, and shall endorse any visible defect or shortage on that note.
10.187 SmartBuilders does not warrant that steel, rebar, mesh and structural sections will match a sample, prior batch, on-screen colour or architectural specification unless the match is confirmed in writing on the quotation.
10.188 The customer assumes responsibility for calculating quantities of steel, rebar, mesh and structural sections required for the works, including wastage, breakage, cutting and site loss.
10.189 Once steel, rebar, mesh and structural sections have been cut, mixed, tinted, assembled, installed or otherwise altered after leaving SmartBuilders' control, no return or price adjustment is available except as statute requires.
10.190 Storage of steel, rebar, mesh and structural sections after risk has passed is entirely at the customer's risk, including theft, weather, contamination and moisture movement.
10.191 Any technical data sheet, SANS reference or manufacturer instruction supplied with steel, rebar, mesh and structural sections forms part of the customer's obligation to use the goods correctly.
10.192 SmartBuilders may substitute steel, rebar, mesh and structural sections with goods of equivalent commercial grade if the ordered item is discontinued or out of stock, subject to the customer's right to cancel that line before alteration or special procurement.
10.193 Claims relating to steel, rebar, mesh and structural sections must be notified in writing within seven days of delivery or collection, or within the shorter period stated on the invoice, failing which the goods are deemed accepted as to quantity and visible quality, except for latent defects as recognised by law.
10.194 The customer shall not use steel, rebar, mesh and structural sections for a purpose, load or environment other than that for which the goods are ordinarily sold in the South African builders-merchant trade without independent professional advice.
10.195 SmartBuilders' employees are not authorised to guarantee performance of steel, rebar, mesh and structural sections on a particular site, soil type, roof, voltage or water condition.
10.196 In respect of tools, plant and power equipment, the customer shall inspect the consignment against the delivery or collection note before leaving the premises or permitting the courier to depart, and shall endorse any visible defect or shortage on that note.
10.197 SmartBuilders does not warrant that tools, plant and power equipment will match a sample, prior batch, on-screen colour or architectural specification unless the match is confirmed in writing on the quotation.
10.198 The customer assumes responsibility for calculating quantities of tools, plant and power equipment required for the works, including wastage, breakage, cutting and site loss.
10.199 Once tools, plant and power equipment have been cut, mixed, tinted, assembled, installed or otherwise altered after leaving SmartBuilders' control, no return or price adjustment is available except as statute requires.
10.200 Storage of tools, plant and power equipment after risk has passed is entirely at the customer's risk, including theft, weather, contamination and moisture movement.
10.201 Any technical data sheet, SANS reference or manufacturer instruction supplied with tools, plant and power equipment forms part of the customer's obligation to use the goods correctly.
10.202 SmartBuilders may substitute tools, plant and power equipment with goods of equivalent commercial grade if the ordered item is discontinued or out of stock, subject to the customer's right to cancel that line before alteration or special procurement.
10.203 Claims relating to tools, plant and power equipment must be notified in writing within seven days of delivery or collection, or within the shorter period stated on the invoice, failing which the goods are deemed accepted as to quantity and visible quality, except for latent defects as recognised by law.
10.204 The customer shall not use tools, plant and power equipment for a purpose, load or environment other than that for which the goods are ordinarily sold in the South African builders-merchant trade without independent professional advice.
10.205 SmartBuilders' employees are not authorised to guarantee performance of tools, plant and power equipment on a particular site, soil type, roof, voltage or water condition.
10.206 In respect of safety wear and personal protective equipment, the customer shall inspect the consignment against the delivery or collection note before leaving the premises or permitting the courier to depart, and shall endorse any visible defect or shortage on that note.
10.207 SmartBuilders does not warrant that safety wear and personal protective equipment will match a sample, prior batch, on-screen colour or architectural specification unless the match is confirmed in writing on the quotation.
10.208 The customer assumes responsibility for calculating quantities of safety wear and personal protective equipment required for the works, including wastage, breakage, cutting and site loss.
10.209 Once safety wear and personal protective equipment have been cut, mixed, tinted, assembled, installed or otherwise altered after leaving SmartBuilders' control, no return or price adjustment is available except as statute requires.
10.210 Storage of safety wear and personal protective equipment after risk has passed is entirely at the customer's risk, including theft, weather, contamination and moisture movement.
10.211 Any technical data sheet, SANS reference or manufacturer instruction supplied with safety wear and personal protective equipment forms part of the customer's obligation to use the goods correctly.
10.212 SmartBuilders may substitute safety wear and personal protective equipment with goods of equivalent commercial grade if the ordered item is discontinued or out of stock, subject to the customer's right to cancel that line before alteration or special procurement.
10.213 Claims relating to safety wear and personal protective equipment must be notified in writing within seven days of delivery or collection, or within the shorter period stated on the invoice, failing which the goods are deemed accepted as to quantity and visible quality, except for latent defects as recognised by law.
10.214 The customer shall not use safety wear and personal protective equipment for a purpose, load or environment other than that for which the goods are ordinarily sold in the South African builders-merchant trade without independent professional advice.
10.215 SmartBuilders' employees are not authorised to guarantee performance of safety wear and personal protective equipment on a particular site, soil type, roof, voltage or water condition.
10.216 In respect of chemicals, adhesives, acids and cleaners, the customer shall inspect the consignment against the delivery or collection note before leaving the premises or permitting the courier to depart, and shall endorse any visible defect or shortage on that note.
10.217 SmartBuilders does not warrant that chemicals, adhesives, acids and cleaners will match a sample, prior batch, on-screen colour or architectural specification unless the match is confirmed in writing on the quotation.
10.218 The customer assumes responsibility for calculating quantities of chemicals, adhesives, acids and cleaners required for the works, including wastage, breakage, cutting and site loss.
10.219 Once chemicals, adhesives, acids and cleaners have been cut, mixed, tinted, assembled, installed or otherwise altered after leaving SmartBuilders' control, no return or price adjustment is available except as statute requires.
10.220 Storage of chemicals, adhesives, acids and cleaners after risk has passed is entirely at the customer's risk, including theft, weather, contamination and moisture movement.
10.221 Any technical data sheet, SANS reference or manufacturer instruction supplied with chemicals, adhesives, acids and cleaners forms part of the customer's obligation to use the goods correctly.
10.222 SmartBuilders may substitute chemicals, adhesives, acids and cleaners with goods of equivalent commercial grade if the ordered item is discontinued or out of stock, subject to the customer's right to cancel that line before alteration or special procurement.
10.223 Claims relating to chemicals, adhesives, acids and cleaners must be notified in writing within seven days of delivery or collection, or within the shorter period stated on the invoice, failing which the goods are deemed accepted as to quantity and visible quality, except for latent defects as recognised by law.
10.224 The customer shall not use chemicals, adhesives, acids and cleaners for a purpose, load or environment other than that for which the goods are ordinarily sold in the South African builders-merchant trade without independent professional advice.
10.225 SmartBuilders' employees are not authorised to guarantee performance of chemicals, adhesives, acids and cleaners on a particular site, soil type, roof, voltage or water condition.
10.226 In respect of gas, fuel and flammable goods, the customer shall inspect the consignment against the delivery or collection note before leaving the premises or permitting the courier to depart, and shall endorse any visible defect or shortage on that note.
10.227 SmartBuilders does not warrant that gas, fuel and flammable goods will match a sample, prior batch, on-screen colour or architectural specification unless the match is confirmed in writing on the quotation.
10.228 The customer assumes responsibility for calculating quantities of gas, fuel and flammable goods required for the works, including wastage, breakage, cutting and site loss.
10.229 Once gas, fuel and flammable goods have been cut, mixed, tinted, assembled, installed or otherwise altered after leaving SmartBuilders' control, no return or price adjustment is available except as statute requires.
10.230 Storage of gas, fuel and flammable goods after risk has passed is entirely at the customer's risk, including theft, weather, contamination and moisture movement.
10.231 Any technical data sheet, SANS reference or manufacturer instruction supplied with gas, fuel and flammable goods forms part of the customer's obligation to use the goods correctly.
10.232 SmartBuilders may substitute gas, fuel and flammable goods with goods of equivalent commercial grade if the ordered item is discontinued or out of stock, subject to the customer's right to cancel that line before alteration or special procurement.
10.233 Claims relating to gas, fuel and flammable goods must be notified in writing within seven days of delivery or collection, or within the shorter period stated on the invoice, failing which the goods are deemed accepted as to quantity and visible quality, except for latent defects as recognised by law.
10.234 The customer shall not use gas, fuel and flammable goods for a purpose, load or environment other than that for which the goods are ordinarily sold in the South African builders-merchant trade without independent professional advice.
10.235 SmartBuilders' employees are not authorised to guarantee performance of gas, fuel and flammable goods on a particular site, soil type, roof, voltage or water condition.
10.236 In respect of glass, mirrors and glazing products, the customer shall inspect the consignment against the delivery or collection note before leaving the premises or permitting the courier to depart, and shall endorse any visible defect or shortage on that note.
10.237 SmartBuilders does not warrant that glass, mirrors and glazing products will match a sample, prior batch, on-screen colour or architectural specification unless the match is confirmed in writing on the quotation.
10.238 The customer assumes responsibility for calculating quantities of glass, mirrors and glazing products required for the works, including wastage, breakage, cutting and site loss.
10.239 Once glass, mirrors and glazing products have been cut, mixed, tinted, assembled, installed or otherwise altered after leaving SmartBuilders' control, no return or price adjustment is available except as statute requires.
10.240 Storage of glass, mirrors and glazing products after risk has passed is entirely at the customer's risk, including theft, weather, contamination and moisture movement.
10.241 Any technical data sheet, SANS reference or manufacturer instruction supplied with glass, mirrors and glazing products forms part of the customer's obligation to use the goods correctly.
10.242 SmartBuilders may substitute glass, mirrors and glazing products with goods of equivalent commercial grade if the ordered item is discontinued or out of stock, subject to the customer's right to cancel that line before alteration or special procurement.
10.243 Claims relating to glass, mirrors and glazing products must be notified in writing within seven days of delivery or collection, or within the shorter period stated on the invoice, failing which the goods are deemed accepted as to quantity and visible quality, except for latent defects as recognised by law.
10.244 The customer shall not use glass, mirrors and glazing products for a purpose, load or environment other than that for which the goods are ordinarily sold in the South African builders-merchant trade without independent professional advice.
10.245 SmartBuilders' employees are not authorised to guarantee performance of glass, mirrors and glazing products on a particular site, soil type, roof, voltage or water condition.
10.246 In respect of doors, windows, frames and ironmongery, the customer shall inspect the consignment against the delivery or collection note before leaving the premises or permitting the courier to depart, and shall endorse any visible defect or shortage on that note.
10.247 SmartBuilders does not warrant that doors, windows, frames and ironmongery will match a sample, prior batch, on-screen colour or architectural specification unless the match is confirmed in writing on the quotation.
10.248 The customer assumes responsibility for calculating quantities of doors, windows, frames and ironmongery required for the works, including wastage, breakage, cutting and site loss.
10.249 Once doors, windows, frames and ironmongery have been cut, mixed, tinted, assembled, installed or otherwise altered after leaving SmartBuilders' control, no return or price adjustment is available except as statute requires.
10.250 Storage of doors, windows, frames and ironmongery after risk has passed is entirely at the customer's risk, including theft, weather, contamination and moisture movement.
10.251 Any technical data sheet, SANS reference or manufacturer instruction supplied with doors, windows, frames and ironmongery forms part of the customer's obligation to use the goods correctly.
10.252 SmartBuilders may substitute doors, windows, frames and ironmongery with goods of equivalent commercial grade if the ordered item is discontinued or out of stock, subject to the customer's right to cancel that line before alteration or special procurement.
10.253 Claims relating to doors, windows, frames and ironmongery must be notified in writing within seven days of delivery or collection, or within the shorter period stated on the invoice, failing which the goods are deemed accepted as to quantity and visible quality, except for latent defects as recognised by law.
10.254 The customer shall not use doors, windows, frames and ironmongery for a purpose, load or environment other than that for which the goods are ordinarily sold in the South African builders-merchant trade without independent professional advice.
10.255 SmartBuilders' employees are not authorised to guarantee performance of doors, windows, frames and ironmongery on a particular site, soil type, roof, voltage or water condition.
10.256 In respect of tiles, adhesives, grout and flooring, the customer shall inspect the consignment against the delivery or collection note before leaving the premises or permitting the courier to depart, and shall endorse any visible defect or shortage on that note.
10.257 SmartBuilders does not warrant that tiles, adhesives, grout and flooring will match a sample, prior batch, on-screen colour or architectural specification unless the match is confirmed in writing on the quotation.
10.258 The customer assumes responsibility for calculating quantities of tiles, adhesives, grout and flooring required for the works, including wastage, breakage, cutting and site loss.
10.259 Once tiles, adhesives, grout and flooring have been cut, mixed, tinted, assembled, installed or otherwise altered after leaving SmartBuilders' control, no return or price adjustment is available except as statute requires.
10.260 Storage of tiles, adhesives, grout and flooring after risk has passed is entirely at the customer's risk, including theft, weather, contamination and moisture movement.
10.261 Any technical data sheet, SANS reference or manufacturer instruction supplied with tiles, adhesives, grout and flooring forms part of the customer's obligation to use the goods correctly.
10.262 SmartBuilders may substitute tiles, adhesives, grout and flooring with goods of equivalent commercial grade if the ordered item is discontinued or out of stock, subject to the customer's right to cancel that line before alteration or special procurement.
10.263 Claims relating to tiles, adhesives, grout and flooring must be notified in writing within seven days of delivery or collection, or within the shorter period stated on the invoice, failing which the goods are deemed accepted as to quantity and visible quality, except for latent defects as recognised by law.
10.264 The customer shall not use tiles, adhesives, grout and flooring for a purpose, load or environment other than that for which the goods are ordinarily sold in the South African builders-merchant trade without independent professional advice.
10.265 SmartBuilders' employees are not authorised to guarantee performance of tiles, adhesives, grout and flooring on a particular site, soil type, roof, voltage or water condition.
10.266 In respect of insulation, ceiling boards and drywall, the customer shall inspect the consignment against the delivery or collection note before leaving the premises or permitting the courier to depart, and shall endorse any visible defect or shortage on that note.
10.267 SmartBuilders does not warrant that insulation, ceiling boards and drywall will match a sample, prior batch, on-screen colour or architectural specification unless the match is confirmed in writing on the quotation.
10.268 The customer assumes responsibility for calculating quantities of insulation, ceiling boards and drywall required for the works, including wastage, breakage, cutting and site loss.
10.269 Once insulation, ceiling boards and drywall have been cut, mixed, tinted, assembled, installed or otherwise altered after leaving SmartBuilders' control, no return or price adjustment is available except as statute requires.
10.270 Storage of insulation, ceiling boards and drywall after risk has passed is entirely at the customer's risk, including theft, weather, contamination and moisture movement.
10.271 Any technical data sheet, SANS reference or manufacturer instruction supplied with insulation, ceiling boards and drywall forms part of the customer's obligation to use the goods correctly.
10.272 SmartBuilders may substitute insulation, ceiling boards and drywall with goods of equivalent commercial grade if the ordered item is discontinued or out of stock, subject to the customer's right to cancel that line before alteration or special procurement.
10.273 Claims relating to insulation, ceiling boards and drywall must be notified in writing within seven days of delivery or collection, or within the shorter period stated on the invoice, failing which the goods are deemed accepted as to quantity and visible quality, except for latent defects as recognised by law.
10.274 The customer shall not use insulation, ceiling boards and drywall for a purpose, load or environment other than that for which the goods are ordinarily sold in the South African builders-merchant trade without independent professional advice.
10.275 SmartBuilders' employees are not authorised to guarantee performance of insulation, ceiling boards and drywall on a particular site, soil type, roof, voltage or water condition.
10.276 In respect of irrigation, hosepipes and outdoor goods, the customer shall inspect the consignment against the delivery or collection note before leaving the premises or permitting the courier to depart, and shall endorse any visible defect or shortage on that note.
10.277 SmartBuilders does not warrant that irrigation, hosepipes and outdoor goods will match a sample, prior batch, on-screen colour or architectural specification unless the match is confirmed in writing on the quotation.
10.278 The customer assumes responsibility for calculating quantities of irrigation, hosepipes and outdoor goods required for the works, including wastage, breakage, cutting and site loss.
10.279 Once irrigation, hosepipes and outdoor goods have been cut, mixed, tinted, assembled, installed or otherwise altered after leaving SmartBuilders' control, no return or price adjustment is available except as statute requires.
10.280 Storage of irrigation, hosepipes and outdoor goods after risk has passed is entirely at the customer's risk, including theft, weather, contamination and moisture movement.
10.281 Any technical data sheet, SANS reference or manufacturer instruction supplied with irrigation, hosepipes and outdoor goods forms part of the customer's obligation to use the goods correctly.
10.282 SmartBuilders may substitute irrigation, hosepipes and outdoor goods with goods of equivalent commercial grade if the ordered item is discontinued or out of stock, subject to the customer's right to cancel that line before alteration or special procurement.
10.283 Claims relating to irrigation, hosepipes and outdoor goods must be notified in writing within seven days of delivery or collection, or within the shorter period stated on the invoice, failing which the goods are deemed accepted as to quantity and visible quality, except for latent defects as recognised by law.
10.284 The customer shall not use irrigation, hosepipes and outdoor goods for a purpose, load or environment other than that for which the goods are ordinarily sold in the South African builders-merchant trade without independent professional advice.
10.285 SmartBuilders' employees are not authorised to guarantee performance of irrigation, hosepipes and outdoor goods on a particular site, soil type, roof, voltage or water condition.
10.286 In respect of special-order or indent merchandise, the customer shall inspect the consignment against the delivery or collection note before leaving the premises or permitting the courier to depart, and shall endorse any visible defect or shortage on that note.
10.287 SmartBuilders does not warrant that special-order or indent merchandise will match a sample, prior batch, on-screen colour or architectural specification unless the match is confirmed in writing on the quotation.
10.288 The customer assumes responsibility for calculating quantities of special-order or indent merchandise required for the works, including wastage, breakage, cutting and site loss.
10.289 Once special-order or indent merchandise have been cut, mixed, tinted, assembled, installed or otherwise altered after leaving SmartBuilders' control, no return or price adjustment is available except as statute requires.
10.290 Storage of special-order or indent merchandise after risk has passed is entirely at the customer's risk, including theft, weather, contamination and moisture movement.
10.291 Any technical data sheet, SANS reference or manufacturer instruction supplied with special-order or indent merchandise forms part of the customer's obligation to use the goods correctly.
10.292 SmartBuilders may substitute special-order or indent merchandise with goods of equivalent commercial grade if the ordered item is discontinued or out of stock, subject to the customer's right to cancel that line before alteration or special procurement.
10.293 Claims relating to special-order or indent merchandise must be notified in writing within seven days of delivery or collection, or within the shorter period stated on the invoice, failing which the goods are deemed accepted as to quantity and visible quality, except for latent defects as recognised by law.
10.294 The customer shall not use special-order or indent merchandise for a purpose, load or environment other than that for which the goods are ordinarily sold in the South African builders-merchant trade without independent professional advice.
10.295 SmartBuilders' employees are not authorised to guarantee performance of special-order or indent merchandise on a particular site, soil type, roof, voltage or water condition.
10.296 In respect of clearance, seconds and end-of-range stock, the customer shall inspect the consignment against the delivery or collection note before leaving the premises or permitting the courier to depart, and shall endorse any visible defect or shortage on that note.
10.297 SmartBuilders does not warrant that clearance, seconds and end-of-range stock will match a sample, prior batch, on-screen colour or architectural specification unless the match is confirmed in writing on the quotation.
10.298 The customer assumes responsibility for calculating quantities of clearance, seconds and end-of-range stock required for the works, including wastage, breakage, cutting and site loss.
10.299 Once clearance, seconds and end-of-range stock have been cut, mixed, tinted, assembled, installed or otherwise altered after leaving SmartBuilders' control, no return or price adjustment is available except as statute requires.
10.300 Storage of clearance, seconds and end-of-range stock after risk has passed is entirely at the customer's risk, including theft, weather, contamination and moisture movement.
10.301 Any technical data sheet, SANS reference or manufacturer instruction supplied with clearance, seconds and end-of-range stock forms part of the customer's obligation to use the goods correctly.
10.302 SmartBuilders may substitute clearance, seconds and end-of-range stock with goods of equivalent commercial grade if the ordered item is discontinued or out of stock, subject to the customer's right to cancel that line before alteration or special procurement.
10.303 Claims relating to clearance, seconds and end-of-range stock must be notified in writing within seven days of delivery or collection, or within the shorter period stated on the invoice, failing which the goods are deemed accepted as to quantity and visible quality, except for latent defects as recognised by law.
10.304 The customer shall not use clearance, seconds and end-of-range stock for a purpose, load or environment other than that for which the goods are ordinarily sold in the South African builders-merchant trade without independent professional advice.
10.305 SmartBuilders' employees are not authorised to guarantee performance of clearance, seconds and end-of-range stock on a particular site, soil type, roof, voltage or water condition.
10.306 The customer shall inspect the goods immediately on collection or delivery and record any visible shortage, damage or discrepancy on the delivery note before the carrier departs.
10.307 Failure by the customer to inspect the goods immediately on collection or delivery and record any visible shortage, damage or discrepancy on the delivery note before the carrier departs does not entitle the customer to withhold payment of any unrelated invoice.
10.308 The customer shall store the goods in accordance with the manufacturer's instructions and ordinary trade practice for the prevailing season and site conditions.
10.309 Failure by the customer to store the goods in accordance with the manufacturer's instructions and ordinary trade practice for the prevailing season and site conditions does not entitle the customer to withhold payment of any unrelated invoice.
10.310 The customer shall verify quantities, dimensions, batch numbers, voltage, thread, pressure rating and specification against the order before opening sealed packaging intended for resale or installation.
10.311 Failure by the customer to verify quantities, dimensions, batch numbers, voltage, thread, pressure rating and specification against the order before opening sealed packaging intended for resale or installation does not entitle the customer to withhold payment of any unrelated invoice.
10.312 The customer shall obtain all municipal, NHBRC, electrical, gas and other statutory approvals required for the intended use, at the customer's cost.
10.313 Failure by the customer to obtain all municipal, NHBRC, electrical, gas and other statutory approvals required for the intended use, at the customer's cost does not entitle the customer to withhold payment of any unrelated invoice.
10.314 The customer shall ensure that any person collecting goods on the customer's behalf is authorised, and accept that a signed collection note binds the customer.
10.315 Failure by the customer to ensure that any person collecting goods on the customer's behalf is authorised, and accept that a signed collection note binds the customer does not entitle the customer to withhold payment of any unrelated invoice.
10.316 The customer shall pay the price in full before dispatch unless a written trade account expressly allows otherwise.
10.317 Failure by the customer to pay the price in full before dispatch unless a written trade account expressly allows otherwise does not entitle the customer to withhold payment of any unrelated invoice.
10.318 The customer shall not treat website, catalogue, quotation or till prices as a firm offer capable of acceptance where stock, supplier or exchange-rate movement has occurred.
10.319 Failure by the customer to not treat website, catalogue, quotation or till prices as a firm offer capable of acceptance where stock, supplier or exchange-rate movement has occurred does not entitle the customer to withhold payment of any unrelated invoice.
10.320 The customer shall bear the cost of abortive delivery, waiting time, after-hours call-outs and redelivery caused by an incomplete address, absent receiver or inaccessible site.
10.321 Failure by the customer to bear the cost of abortive delivery, waiting time, after-hours call-outs and redelivery caused by an incomplete address, absent receiver or inaccessible site does not entitle the customer to withhold payment of any unrelated invoice.
10.322 The customer shall not rely on any oral statement by staff as a variation of these conditions unless confirmed in writing by a manager.
10.323 Failure by the customer to not rely on any oral statement by staff as a variation of these conditions unless confirmed in writing by a manager does not entitle the customer to withhold payment of any unrelated invoice.
10.324 The customer shall indemnify SmartBuilders against claims arising from the customer's design, mixing, installation, misuse, site conditions or failure to follow instructions.
10.325 Failure by the customer to indemnify SmartBuilders against claims arising from the customer's design, mixing, installation, misuse, site conditions or failure to follow instructions does not entitle the customer to withhold payment of any unrelated invoice.
10.326 SmartBuilders may correct genuine pricing, stock, specification or tax errors at any time before dispatch and cancel the affected line if the customer does not accept the correction.
10.327 The right of SmartBuilders whereby it may correct genuine pricing, stock, specification or tax errors at any time before dispatch and cancel the affected line if the customer does not accept the correction may be exercised without first obtaining a court order, except where a statute requires judicial process.
10.328 SmartBuilders may supply a reasonable commercial equivalent where the exact brand or SKU is unavailable, and the customer may refuse that equivalent only before it is cut, mixed, tinted or specially procured.
10.329 The right of SmartBuilders whereby it may supply a reasonable commercial equivalent where the exact brand or SKU is unavailable, and the customer may refuse that equivalent only before it is cut, mixed, tinted or specially procured may be exercised without first obtaining a court order, except where a statute requires judicial process.
10.330 SmartBuilders may withhold delivery or collection while any amount is overdue on any account of the customer or a related person.
10.331 The right of SmartBuilders whereby it may withhold delivery or collection while any amount is overdue on any account of the customer or a related person may be exercised without first obtaining a court order, except where a statute requires judicial process.
10.332 SmartBuilders may apply payments to the oldest invoices, interest and costs in such order as SmartBuilders elects.
10.333 The right of SmartBuilders whereby it may apply payments to the oldest invoices, interest and costs in such order as SmartBuilders elects may be exercised without first obtaining a court order, except where a statute requires judicial process.
10.334 SmartBuilders may cede, encumber or make over any claim against the customer without notice.
10.335 The right of SmartBuilders whereby it may cede, encumber or make over any claim against the customer without notice may be exercised without first obtaining a court order, except where a statute requires judicial process.
10.336 SmartBuilders may subcontract delivery, cutting, tinting, cutting-to-size and similar services to independent contractors, including couriers, without creating a partnership or agency beyond the subcontract.
10.337 The right of SmartBuilders whereby it may subcontract delivery, cutting, tinting, cutting-to-size and similar services to independent contractors, including couriers, without creating a partnership or agency beyond the subcontract may be exercised without first obtaining a court order, except where a statute requires judicial process.
10.338 SmartBuilders may retain a lien and right of retention over goods and documents until all amounts owing have been paid.
10.339 The right of SmartBuilders whereby it may retain a lien and right of retention over goods and documents until all amounts owing have been paid may be exercised without first obtaining a court order, except where a statute requires judicial process.
10.340 SmartBuilders may suspend online checkout, quotations or a trade account if fraud, abuse, chargebacks or unpaid debt is reasonably suspected.
10.341 The right of SmartBuilders whereby it may suspend online checkout, quotations or a trade account if fraud, abuse, chargebacks or unpaid debt is reasonably suspected may be exercised without first obtaining a court order, except where a statute requires judicial process.
10.342 SmartBuilders gives no warranty that goods are fit for a particular project unless that fitness is stated in a written quotation signed by a manager and the customer has given full written specifications.
10.343 The right of SmartBuilders whereby it gives no warranty that goods are fit for a particular project unless that fitness is stated in a written quotation signed by a manager and the customer has given full written specifications may be exercised without first obtaining a court order, except where a statute requires judicial process.
10.344 SmartBuilders is not a professional engineer, architect, quantity surveyor or accredited installer, and any advice is general trade information only.
10.345 The right of SmartBuilders whereby it is not a professional engineer, architect, quantity surveyor or accredited installer, and any advice is general trade information only may be exercised without first obtaining a court order, except where a statute requires judicial process.
10.346 A reference to writing includes email and a message sent through the website or official store WhatsApp number, provided it is capable of being stored and retrieved.
10.347 Business day means a day other than a Saturday, Sunday or official public holiday in the Republic of South Africa.
10.348 Rand and R mean South African rand. Prices include VAT unless stated as exclusive.
10.349 If the customer comprises more than one person, their obligations are joint and several.
10.350 A juristic person warrants that the individual placing the order is duly authorised.
10.351 The customer warrants that it is not subject to business-rescue, liquidation or administration proceedings that it has failed to disclose.
10.352 SmartBuilders may make enquiries to verify identity, address and payment method before releasing goods.
10.353 A quotation number must be referred to on acceptance. Changes requested after acceptance may be refused or re-priced.
10.354 The customer shall provide a vehicle of adequate capacity and legal load for collection. SmartBuilders may refuse to load an unsafe vehicle.
10.355 Forklift or driver assistance, if given, is a courtesy and does not transfer liability for vehicle loading or roadworthiness.
10.356 Pallets, cages and returnable containers remain SmartBuilders' property and must be returned on demand, failing which they may be charged.
10.357 The customer shall not remove SmartBuilders' branding from packaging in a manner that suggests the goods were manufactured by the customer.
10.358 Export of goods from South Africa is the customer's responsibility, including permits and duties.
10.359 Nothing in these conditions requires SmartBuilders to perform an unlawful act or to ignore a lawful instruction of a public body.
10.360 Where the Consumer Protection Act applies, these conditions are interpreted so as to remain lawful, and rights that cannot be limited remain available.
10.361 Where the Consumer Protection Act does not apply, including certain juristic-person transactions above the applicable threshold, the limitations in these conditions apply with full force.
10.362 The customer acknowledges that builders' merchant goods are often sold in trade packaging and that opening that packaging to inspect may affect returnability.
10.363 SmartBuilders may record telephone and radio calls for quality and evidential purposes.
10.364 The official language of these conditions is English. A translation is provided, if at all, for convenience only.
10.365 Dates and times are South African Standard Time.
10.366 A payment is received only when credited as cleared funds to SmartBuilders' nominated account or confirmed by the payment gateway as successful.
10.367 Chargebacks and payment reversals entitle SmartBuilders to reclaim goods or their value and to recover the gateway fee.
10.368 The customer shall not set off alleged damages against the price except as a court or statute allows.
10.369 SmartBuilders may institute proceedings in any division of the High Court or any Magistrate's Court having jurisdiction over the person of the customer.
10.370 Legal costs on the attorney-and-client scale, collection commission and tracing fees may be recovered where the law allows.
10.371 The customer consents to SmartBuilders listing a default on a credit bureau after the notices required by law, if any.
10.372 A trade-account application, if granted, is subject to a credit limit that SmartBuilders may reduce on notice.
10.373 Directors or members who sign a suretyship do so as surety and co-principal debtor in solidum.
10.374 Renunciation of the benefits of excussion, division and cession of action applies to any suretyship to the extent permitted.
10.375 SmartBuilders may appropriate a deposit to cancellation charges, storage and price movement if the customer repudiates.
10.376 Lay-by, if offered, is subject to a written schedule. Failure to complete payment entitles SmartBuilders to cancel and recover storage and a reasonable cancellation charge.
10.377 Gift vouchers and store credit are not redeemable for cash except as statute requires, and lapse on the stated expiry date.
10.378 Competitions and promotions have their own rules which prevail for that promotion.
10.379 Website availability is not guaranteed. Maintenance and interruptions do not give rise to damages.
10.380 Hyperlinks to third-party sites are provided without endorsement.
10.381 The customer shall comply with the Cybercrimes Act 19 of 2020 in using the website and apps.
10.382 SmartBuilders may geo-restrict checkout or require additional verification for unusual orders.
10.383 Bulk or contractor pricing does not apply automatically to website checkout.
10.384 A purchase-order number supplied by the customer is for the customer's internal reference and does not incorporate the customer's terms.
10.385 The customer's standard purchasing terms do not apply unless a director of SmartBuilders accepts them in writing.
10.386 In the event of conflict, these conditions prevail over the website footer, marketing copy and staff emails, except a signed quotation that expressly varies a named clause.
10.387 SmartBuilders may update these conditions by publishing a new version on the website. The version in force when the order is accepted applies to that order.
10.388 Continued use of the website after publication of a new version constitutes acceptance of that version for future orders.
10.389 The customer is responsible for keeping a copy of the conditions as they stood on the order date.
10.390 Electronic records of carts, quotes, gateway responses and dispatch logs are admissible evidence of the transaction.
10.391 The parties agree that an advanced electronic signature is not required for these conditions to be binding, to the extent ECTA permits.
10.392 Clicking accept, placing an order, requesting a quote, or paying a deposit constitutes acceptance of these conditions.
10.393 If the customer does not agree to these conditions, the customer must not place an order and must leave the website.
10.394 SmartBuilders' failure to produce a signed hard-copy contract does not affect the enforceability of an online or till sale.
10.395 Each order is a separate contract. Default on one order entitles SmartBuilders to suspend others.
10.396 The customer shall not represent that it is an agent, franchisee or branch of SmartBuilders.
10.397 Nothing in a review, social-media reply or advertisement varies these conditions.
10.398 Manufacturer warranties, where they exist, are the manufacturer's undertaking. SmartBuilders will, on request, provide available warranty documentation.
10.399 Assignment of a manufacturer warranty to the customer occurs automatically on sale to the extent the manufacturer allows.
10.400 SmartBuilders is not obliged to repair goods at the store unless it has agreed in writing to do so.
10.401 Workshop, cutting and tinting services are supplied with reasonable skill and care but to the customer's measurements and colour choices.
10.402 Re-cuts and re-tints requested because the customer changed a measurement or colour are chargeable.
10.403 Off-cuts remain SmartBuilders' property unless the customer removes them at the time of collection.
10.404 Waste, packaging and hazardous empty containers must be disposed of by the customer in accordance with environmental law.
10.405 The customer shall not return hazardous waste to the store except under a written take-back arrangement.
10.406 SmartBuilders may refuse entry to premises to persons who refuse a reasonable security search.
10.407 Vehicles on SmartBuilders' premises are parked at the owner's risk, subject to any non-excludable duty.
10.408 Children on site remain the responsibility of the accompanying adult.
10.409 Dogs and other animals are not permitted in warehouses except working or assistance animals as required by law.
10.410 Photographs taken in store may not include other customers or security systems without consent.
10.411 The customer consents to SmartBuilders using anonymised transaction data to plan stock.
10.412 Loyalty or account points, if introduced, have no cash value and may be cancelled.
10.413 Student, pensioner or contractor discounts apply only when the qualifying proof is produced at the time of sale.
10.414 Price-match or beat-a-quote requests are discretionary, require a bona fide written competitor quote, and do not apply to specials, errors or different specifications.
10.415 A beat-a-quote submission is not confidential as against SmartBuilders' need to verify it, but SmartBuilders will not publish the competitor's document.
10.416 Bulk-quote requests must list quantities. SmartBuilders may decline to quote incomplete lists.
10.417 Quote files, take-offs and bills of quantities prepared by SmartBuilders remain its intellectual property until the related order is placed.
10.418 The customer grants SmartBuilders a licence to use project names on an internal job card only.
10.419 No penalty or liquidated damages clause in the customer's building contract is binding on SmartBuilders unless SmartBuilders signed that contract.
10.420 The customer shall not join SmartBuilders to a construction-adjudication or arbitration to which SmartBuilders is not a party, except as law requires.
10.421 SmartBuilders may require a deposit for indent, imported or high-value lines. The deposit is forfeited if the customer cancels, except as statute requires a refund.
10.422 Exchange-rate movement between quote and indent shipment may be for the customer's account if the quote so states.
10.423 Customs, port and inland-haulage delays on indent goods are force majeure as against a delivery date.
10.424 The customer shall accept a part delivery. The balance follows when available. Payment for the part delivered is due on the ordinary terms.
10.425 Short supply by a manufacturer entitles SmartBuilders to cancel the unsupplied balance and refund that portion.
10.426 SmartBuilders does not insure goods in transit after risk has passed. The customer should arrange its own insurance.
10.427 If the customer instructs a third-party transporter, that transporter is the customer's agent.
10.428 Proof of delivery signed by any person at the delivery address is conclusive that delivery occurred, absent fraud.
10.429 A 'leave at gate' or 'leave with neighbour' instruction is at the customer's risk.
10.430 Unattended delivery is not offered unless the courier's conditions and the customer both allow it.
10.431 The customer must provide a mobile number that can receive OTP, courier and payment messages.
10.432 SmartBuilders is not responsible for an OTP or one-time pin shared by the customer with a third party.
10.433 Two-factor authentication on an app account is the customer's responsibility to enable where offered.
10.434 Lost account credentials must be reported promptly. Transactions before the report remain the customer's risk except in cases of SmartBuilders' proven system failure.
10.435 The customer shall not share staff discount, contractor or internal SKUs scraped from a till or invoice with the public in a way that misrepresents price.
10.436 SmartBuilders may water-mark quotations and invoices.
10.437 Forged, altered or duplicated invoices are void. The customer must notify SmartBuilders of any suspected fraud.
10.438 Tax invoices are issued in accordance with the Value-Added Tax Act 89 of 1991. The customer must request a VAT invoice if the till slip is insufficient for its records.
10.439 A credit note is the only recognised method of reversing a sale. Verbal promises of credit are of no force.
10.440 Year-end, stock-take and system-migration interruptions may delay statements. They do not extinguish debt.
10.441 Statements are issued as a courtesy. Absence of a statement does not mean nothing is owing.
10.442 The customer must query a statement within thirty days, failing which it is deemed correct except for manifest error or fraud.
10.443 SmartBuilders may combine accounts of related companies or of a person trading under more than one name.
10.444 The exceptio non adimpleti contractus is excluded to the extent the law allows where the alleged defect does not render the goods substantially unfit.
10.445 The customer waives any right to a cooling-off period except the cooling-off rights that ECTA or the CPA confer and that cannot be waived.
10.446 Electronic goods, software keys and prepaid services, if ever sold, are not cancellable after supply except as statute requires.
10.447 Second-hand, shop-soiled and display goods are sold voetstoots except for defects SmartBuilders fraudulently conceals and except as the CPA requires for consumers.
10.448 Auction or clearance terms may be displayed at the bin or till and then prevail for those goods.
10.449 SmartBuilders may set a minimum order value for delivery.
10.450 Split deliveries may each attract a delivery charge.
10.451 Suburban, farm and plot addresses may require the customer to meet the vehicle on a public road if the site is unsafe for a truck.
10.452 Off-loading is the customer's responsibility unless a written hoist or crane service is purchased.
10.453 Damage caused by the customer's off-loading method is the customer's cost.
10.454 SmartBuilders' drivers are not authorised to enter a site that is unsafe or to perform installation.
10.455 Waiting time beyond fifteen minutes at a delivery address may be charged.
10.456 The customer shall provide a competent person over the age of eighteen to receive goods.
10.457 Delivery to a building site is deemed delivered when placed at the kerbside or the nearest safe point.
10.458 Concrete, sand and aggregate dumped as directed by the customer will not be moved by SmartBuilders afterwards.
10.459 Cement must be stored off the ground and dry. Wet-bag claims after risk has passed will not be entertained.
10.460 Timber moisture content varies. Cupping, bowing and shrinkage after risk has passed are not defects.
10.461 Steel supplied unprimed will rust if stored in the open. That is not a manufacturing defect.
10.462 Paint tinted to a customer-selected colour is not returnable.
10.463 Electrical cable cut from a drum is not returnable.
10.464 Pipe cut to length is not returnable.
10.465 Keys cut, glass cut and mesh cut are not returnable.
10.466 The customer must test electrical goods on a suitable, protected circuit. Connection to an illegal or overloaded installation voids claims.
10.467 Gas appliances must be installed by a registered installer. SmartBuilders is not the installer.
10.468 Water fittings must be used at the pressure stated by the manufacturer. Municipal pressure variation is not SmartBuilders' responsibility.
10.469 The customer shall not return goods that have been exposed to sewage, chemicals or biohazard.
10.470 SmartBuilders may destroy returned goods that cannot be resold safely, without further liability, where a refund is not due.
10.471 A restocking fee of up to 15% of the price may be charged on discretionary returns where the CPA does not prohibit it.
10.472 The original delivery charge is not refunded on a discretionary return.
10.473 Exchange is always preferred to cash refund on discretionary returns.
10.474 Proof of purchase is required. Bank statements alone are not sufficient if the line items cannot be matched.
10.475 Card-holder and account-holder names must match the customer claiming the return, unless a written authority is produced.
10.476 SmartBuilders may photograph returned goods for its records.
10.477 These conditions bind heirs, liquidators, business-rescue practitioners and permitted assigns.
10.478 If the customer is a consumer as defined in the CPA, nothing here is intended to defeat a non-excludable CPA right, and the rest of the contract remains.
10.479 If the customer is not a consumer as so defined, the customer contracts as a trader and the voetstoots and limitation clauses apply.
10.480 The onus of proving that the CPA applies to a particular transaction rests on the person alleging it.
10.481 A person who buys for a company, close corporation, trust or partnership must disclose that fact at the till or checkout.
10.482 Failure to disclose a principal renders the person who dealt with SmartBuilders personally liable.
10.483 SmartBuilders may plead this document in any dispute without further discovery of marketing materials.
10.484 Settlement discussions are without prejudice and may not be disclosed except as the law of evidence allows.
10.485 Mediation is voluntary. SmartBuilders is not obliged to pause litigation for mediation.
10.486 Arbitration applies only if both parties sign a separate arbitration agreement.
10.487 The National Consumer Commission and relevant ombuds remain available to consumers to the extent of their jurisdiction.
10.488 A complaint to a regulator does not suspend payment of undisputed amounts.
10.489 The customer shall not publish a review that discloses another customer's personal information.
10.490 SmartBuilders may reply publicly to a review to state its record of the transaction.
10.491 Defamatory publications may be referred for legal action and takedown.
10.492 The apps and website may use cookies and similar technology as described in the privacy section.
10.493 Disabling cookies may prevent checkout from functioning. That is not a defect.
10.494 Location data from a map pin is used only to quote and deliver, and may be inaccurate if the customer moves the pin.
10.495 The customer must check the filled address fields after using the map.
10.496 SmartBuilders may refuse delivery to an address that a courier will not service.
10.497 Collection remains available if delivery is refused or fails.
10.498 Failed-delivery storage may be charged after 48 hours.
10.499 Uncollected goods may be sold after the notices required by the CPA (if applicable) or otherwise after 90 days, and the proceeds set off against amounts owing.
10.500 Surplus after such sale, if any, will be held for the customer on written request made within 180 days.
10.501 SmartBuilders is not a warehouse keeper for the customer's other property.
10.502 Tools left for repair, if that service is offered, are held at the customer's risk except for SmartBuilders' gross negligence.
10.503 A repair quote is valid for the stated period. Uncollected repairs attract storage.
10.504 Replaced parts become SmartBuilders' property unless the customer asks for them at handover.
10.505 Hire of plant, if ever offered, requires a separate hire form. These sale conditions do not create a hire.
10.506 Nothing here is a credit agreement under the National Credit Act unless a separate credit agreement is signed and that Act applies.
10.507 Incidental credit, if any, is limited as that Act provides.
10.508 SmartBuilders does not provide cash loans.
10.509 SmartBuilders does not provide roof-truss engineering sign-off unless a competent person is separately engaged by the customer.
10.510 Installation and assembly are not included unless a separate written installation contract is concluded.
10.511 Third-party installers are not SmartBuilders' employees.
10.512 The customer must not hold SmartBuilders out as the installer to a municipality or bank.
10.513 Plans, engineer letters and occupancy certificates are the customer's documents to procure.
10.514 SmartBuilders may attend a site only by appointment and may refuse a site that is unsafe.
10.515 Occupational health on the customer's site is the customer's duty as employer or owner.
10.516 The customer shall comply with the Construction Regulations where they apply to the works.
10.517 SmartBuilders' delivery staff are not the customer's employees or labour brokers.
10.518 No collective-agreement wage or site allowance is payable by SmartBuilders to the customer's labour.
10.519 The customer shall not request SmartBuilders' staff to perform work outside the sale of goods.
10.520 Tips or private arrangements with staff do not bind SmartBuilders and are discouraged.
10.521 Theft or assault on the premises will be reported to the South African Police Service.
10.522 Civil recovery of stock shortage may proceed in addition to a criminal case.
10.523 These conditions may be signed in counterpart or accepted electronically.
10.524 A scanned or photographed delivery note has the same effect as the original.
10.525 SmartBuilders may keep originals and provide copies.
10.526 The customer must retain invoices for warranty and return purposes.
10.527 Loss of the customer's copy does not create a new warranty or return right.
10.528 SmartBuilders' records prevail over the customer's recollection in the absence of contrary contemporaneous writing.
10.529 This paragraph does not limit a court's power to determine facts.
10.530 The rule of interpretation against the drafter (contra proferentem) is excluded to the extent the law allows.
10.531 These conditions were made available before the customer placed the order, including by link in the website footer and at checkout.
10.532 The customer had a reasonable opportunity to read them.
10.533 If the customer is a juristic person, it confirms that it was not required to deal as a consumer and that it had an opportunity to negotiate, or elected not to.
10.534 SmartBuilders' price list is confidential to the extent it is not published on the public website.
10.535 Trade prices leaked to the public may be withdrawn.
10.536 SmartBuilders may water-mark PDF quotes sent by email.
10.537 Forwarding a quote to a competitor for the purpose of a beat-and-switch is not prohibited, but SmartBuilders may decline to requote.
10.538 The customer shall not use SmartBuilders' trademarks in a domain name or paid advertisement without licence.
10.539 Meta tags and search-advertising keywords that misuse the SmartBuilders name may be challenged.
10.540 Framing the website in another site is prohibited.
10.541 Automated purchasing that circumvents quantity limits may be cancelled.
10.542 Resellers must not hold themselves out as authorised distributors unless appointed in writing.
10.543 Export or grey-market diversion of goods supplied for the local market is at the reseller's risk as to warranty.
10.544 Serial-numbered goods may be registered. The customer must not deface serial numbers.
10.545 Stolen serial numbers reported to SmartBuilders will not be serviced.
10.546 SmartBuilders may refuse to buy back goods without original proof of purchase.
10.547 Cash refunds, where made, may require identification in terms of the Financial Intelligence Centre Act 38 of 2001 where that Act applies.
10.548 Suspicious transactions may be reported as that Act requires, without notice to the customer where notice is prohibited.
10.549 SmartBuilders does not accept liability for a delayed FICA process.
10.550 Foreign-currency tenders are not accepted at till.
10.551 Change is given in rand.
10.552 Cheque deposits, if ever accepted, clear only after the bank's clearance period and may be reversed.
10.553 Post-dated cheques are not accepted.
10.554 Travellers' cheques are not accepted.
10.555 Loyalty cards of third parties are not honoured unless a written campaign says so.
10.556 SmartBuilders may round cash payments to the nearest lawful coin.
10.557 A till error in the customer's favour that is promptly discovered may be recovered.
10.558 A till error against the customer that is promptly discovered will be corrected.
10.559 The customer must count change before leaving the till point.
10.560 Claims of short-change made after leaving the store require CCTV review at SmartBuilders' discretion and are not presumed.
10.561 Bag searches on exit may be conducted as a condition of entry to the warehouse.
10.562 Refusal of a lawful search may result in a refused sale and a request to leave.
10.563 These premises conditions are displayed at entrances where practical.
10.564 The customer acknowledges that a builders warehouse is an industrial workplace and will wear closed shoes in yard areas.
10.565 Hard hats in designated yard zones are the customer's responsibility if signage so requires.
10.566 SmartBuilders may close a yard during plant movement. Waiting is not compensable.
10.567 Load-shedding may close tills or forklifts. Queues will resume when power allows. No damages arise from that interruption.
10.568 Backup power, if any, is a courtesy.
10.569 Online orders placed during a till outage are queued and may be cancelled if stock moved.
10.570 The customer should not rely on last-second website stock counts during high-demand specials.
10.571 SmartBuilders may allocate scarce stock by any fair commercial method, including first-paid or contractor priority.
10.572 No staff member may reserve stock off-system except as a manager records.
10.573 Private reservations that do not appear on the system are void.
10.574 These conditions apply to the website, the customer mobile application, the WhatsApp catalogue if any, and in-store sales, except where a till notice is more specific.
10.575 The admin application used by staff is not a consumer interface and creates no rights for customers.
10.576 API or integration access, if granted to a third party, is under a separate licence.
10.577 The customer shall not reverse-engineer the apps.
10.578 App-store reviews are subject to the app store's rules as well as these conditions.
10.579 Push notifications may be disabled in the device settings.
10.580 SmartBuilders is not responsible for a device that is jail-broken or rooted.
10.581 Minimum supported operating-system versions may change.
10.582 An outdated app may fail checkout. The customer should update.
10.583 These conditions survive completion of a sale in respect of ownership, liability, privacy, IP and dispute clauses.
10.584 Termination of a trade account does not cancel accrued debt.
10.585 SmartBuilders may retain documents after account closure as law requires.
10.586 A request for erasure of personal information will be balanced against tax and transaction-retention duties.
10.587 Where erasure is refused for a lawful ground, SmartBuilders will say so in outline.
10.588 Information-officer details appear on the legal pages and may be updated by publication.
10.589 PAIA requests must use the prescribed form and be accompanied by the prescribed fee where payable.
10.590 SmartBuilders may refuse a PAIA request on a ground in that Act, including commercial confidentiality and personal information of a third party.
10.591 A PAIA refusal may be taken on the processes in that Act.
10.592 This document is not legal advice to the customer. The customer should obtain independent advice if needed.
10.593 Publication of these conditions does not create a duty on SmartBuilders to update the customer individually, except as statute requires.
10.594 The cover date is the publication date of this version.
10.595 Clause numbers are for reference. Cross-references include sub-clauses.
10.596 An example in these conditions is not exhaustive.
10.597 Including means without limitation.
10.598 A reference to a statute includes regulations and amendments from time to time.
10.599 A reference to SmartBuilders includes its successors and permitted assigns.
10.600 A reference to the website includes the checkout, quote, track and legal pages.
10.601 A reference to goods includes services sold with those goods, such as cutting or tinting.
10.602 A reference to an invoice includes a tax invoice, credit note and debit note.
10.603 A reference to delivery includes attempted delivery where the customer caused the failure.
10.604 A reference to collection includes collection by an authorised driver.
10.605 Signature includes an electronic tick-box, OTP confirmation, and a stylus or finger mark on a device.
10.606 The customer agrees that these methods satisfy any statutory requirement of signature to the extent ECTA allows.
10.607 If a clause requires writing, an email from the published store address satisfies that requirement.
10.608 WhatsApp messages from the official store number satisfy a requirement of writing if a copy is retained.
10.609 Social-media direct messages do not vary price or stock.
10.610 Staff personal phones are not official channels.
10.611 The customer should ignore payment instructions that do not match the invoice bank details and should verify a change of banking details by telephone using a number published on the website, not a number in the suspect message.
10.612 SmartBuilders is not liable for a payment made to a fraudster after a phishing message.
10.613 The customer must report suspected phishing immediately.
10.614 These anti-fraud clauses are for the protection of both parties' payment integrity.
10.615 SmartBuilders may delay release of goods pending verification of a high-value electronic payment.
10.616 Same-day release after an EFT is discretionary.
10.617 Instant-payment notifications may be relied upon but may later reverse. Goods may then be reclaimed.
10.618 The customer shall not dispose of goods while a payment remains reversible, if so advised.
10.619 Breach of that duty is a material breach.
10.620 Material breach entitles SmartBuilders to cancel outstanding lines and claim damages as allowed by law.
10.621 Cancellation by SmartBuilders for breach does not require an order of court except where statute so provides.
10.622 The customer remains liable for goods already supplied.
10.623 SmartBuilders may publish these conditions in PDF form. The HTML legal pages are the same text.
10.624 In the event of a formatting difference, the numbered clauses prevail over layout.
10.625 Page numbers in a printed copy are for convenience.
10.626 A printed copy signed in store prevails over an older downloaded copy for that sale.
10.627 The customer may request a printed copy at the trade counter during business hours.
10.628 SmartBuilders may charge the reasonable copying fee permitted by PAIA for extra copies of manuals.
10.629 The first website view of these conditions is free.
10.630 Nothing in the general schedule limits a more specific clause in the conditions of sale, privacy notice or returns section. The more specific clause prevails for its subject.
10.631 Nothing in a more specific section prevents SmartBuilders from relying on a general clause that is not inconsistent.
10.632 The customer acknowledges that a builders merchant cannot inspect every bag, board or fitting inside a sealed pack at the moment of sale.
10.633 Sealed-pack defects that are latent remain subject to the remedies the law allows.
10.634 The customer shall not open every pack on the yard if doing so would make the goods unsaleable, and then reject them for that reason.
10.635 Reasonable spot checks are permitted.
10.636 SmartBuilders may refuse a sale to a person who is intoxicated or abusive.
10.637 SmartBuilders may refuse a sale that appears to be for an unlawful structure or connection.
10.638 No reason need be given for a refused sale where no contract has been formed, except as statute requires.
10.639 A refused sale does not give rise to damages.
10.640 These conditions do not create a duty to supply the whole market or to keep any SKU permanently.
10.641 Range reviews may delete products from the website without notice.
10.642 Cached prices on a third-party search engine are not SmartBuilders' offer.
10.643 Marketplace or aggregator listings, if any, are subject to these conditions plus the marketplace rules. These conditions prevail as between the customer and SmartBuilders.
10.644 The customer shall not create a false account or use a payment method without authority.
10.645 Doing so is grounds for cancellation and report to the payment provider and, where appropriate, the police.
10.646 SmartBuilders may preserve logs for investigations.
10.647 The customer consents to that preservation.
10.648 This consent is a justification contemplated in POPIA for the stated purpose.
10.649 Further purposes will be notified if required by law.
10.650 The customer may withdraw consent where processing is based only on consent, without affecting the lawfulness of earlier processing.
10.651 Withdrawal may mean SmartBuilders cannot complete an order.
10.652 The customer accepts that outcome.
10.653 All amounts are due in rand without deduction except a deduction compelled by law.
10.654 Withholding tax, if ever applicable, is the customer's affair except as law places the duty on the vendor.
10.655 SmartBuilders' VAT number will appear on tax invoices when registered and required.
10.656 If VAT status changes, invoices will change from the effective date.
10.657 The customer shall not demand an invoice that misstates the supply.
10.658 SmartBuilders will not issue an invoice in a third party's name to disguise the true purchaser.
10.659 Such a request may be refused and recorded.
10.660 These ethical invoicing rules are mandatory.
10.661 The remainder of this schedule states further operational rules of the same effect as the clauses above and forms part of the contract.
10.662 The customer shall notify SmartBuilders in writing of a change of directors, members or control within ten business days.
10.663 SmartBuilders may refuse further supply while the customer fails to notify SmartBuilders in writing of a change of directors, members or control within ten business days in a manner that creates a reasonably apparent risk to persons or property.
10.664 The customer shall keep fire-prone goods away from ignition sources after collection.
10.665 SmartBuilders may refuse further supply while the customer fails to keep fire-prone goods away from ignition sources after collection in a manner that creates a reasonably apparent risk to persons or property.
10.666 The customer shall separate foodstuffs from chemicals in the customer's own vehicle.
10.667 SmartBuilders may refuse further supply while the customer fails to separate foodstuffs from chemicals in the customer's own vehicle in a manner that creates a reasonably apparent risk to persons or property.
10.668 The customer shall secure loads in accordance with the National Road Traffic Act 93 of 1996.
10.669 SmartBuilders may refuse further supply while the customer fails to secure loads in accordance with the National Road Traffic Act 93 of 1996 in a manner that creates a reasonably apparent risk to persons or property.
10.670 The customer shall not exceed axle masses when SmartBuilders has loaded to the customer's instruction.
10.671 SmartBuilders may refuse further supply while the customer fails to not exceed axle masses when SmartBuilders has loaded to the customer's instruction in a manner that creates a reasonably apparent risk to persons or property.
10.672 The customer shall provide a written bill of quantities if the customer later disputes quantity.
10.673 SmartBuilders may refuse further supply while the customer fails to provide a written bill of quantities if the customer later disputes quantity in a manner that creates a reasonably apparent risk to persons or property.
10.674 The customer shall allow SmartBuilders to photograph a claimed defect before removal from site.
10.675 SmartBuilders may refuse further supply while the customer fails to allow SmartBuilders to photograph a claimed defect before removal from site in a manner that creates a reasonably apparent risk to persons or property.
10.676 The customer shall not repair a claimed defect before SmartBuilders has had a reasonable opportunity to inspect, except to prevent imminent harm.
10.677 SmartBuilders may refuse further supply while the customer fails to not repair a claimed defect before SmartBuilders has had a reasonable opportunity to inspect, except to prevent imminent harm in a manner that creates a reasonably apparent risk to persons or property.
10.678 The customer shall use registered electricians for a Certificate of Compliance.
10.679 SmartBuilders may refuse further supply while the customer fails to use registered electricians for a Certificate of Compliance in a manner that creates a reasonably apparent risk to persons or property.
10.680 The customer shall use registered plumbers where a municipal COC is required.
10.681 SmartBuilders may refuse further supply while the customer fails to use registered plumbers where a municipal COC is required in a manner that creates a reasonably apparent risk to persons or property.
10.682 The customer shall not connect untreated water to a system that requires potable water if the manufacturer so states.
10.683 SmartBuilders may refuse further supply while the customer fails to not connect untreated water to a system that requires potable water if the manufacturer so states in a manner that creates a reasonably apparent risk to persons or property.
10.684 The customer shall flush new pipes before commissioning sanitaryware.
10.685 SmartBuilders may refuse further supply while the customer fails to flush new pipes before commissioning sanitaryware in a manner that creates a reasonably apparent risk to persons or property.
10.686 The customer shall cure concrete and plaster for the period in the data sheet.
10.687 SmartBuilders may refuse further supply while the customer fails to cure concrete and plaster for the period in the data sheet in a manner that creates a reasonably apparent risk to persons or property.
10.688 The customer shall not traffic a newly laid floor before the adhesive has set.
10.689 SmartBuilders may refuse further supply while the customer fails to not traffic a newly laid floor before the adhesive has set in a manner that creates a reasonably apparent risk to persons or property.
10.690 The customer shall mask and protect adjacent works when painting.
10.691 SmartBuilders may refuse further supply while the customer fails to mask and protect adjacent works when painting in a manner that creates a reasonably apparent risk to persons or property.
10.692 The customer shall dispose of leftover solvent as hazardous waste.
10.693 SmartBuilders may refuse further supply while the customer fails to dispose of leftover solvent as hazardous waste in a manner that creates a reasonably apparent risk to persons or property.
10.694 The customer shall return empty LPG cylinders only through lawful channels.
10.695 SmartBuilders may refuse further supply while the customer fails to return empty LPG cylinders only through lawful channels in a manner that creates a reasonably apparent risk to persons or property.
10.696 The customer shall not fill cylinders at unauthorised sites.
10.697 SmartBuilders may refuse further supply while the customer fails to not fill cylinders at unauthorised sites in a manner that creates a reasonably apparent risk to persons or property.
10.698 The customer shall wear eye protection when using grinders sold or collected from SmartBuilders.
10.699 SmartBuilders may refuse further supply while the customer fails to wear eye protection when using grinders sold or collected from SmartBuilders in a manner that creates a reasonably apparent risk to persons or property.
10.700 The customer shall fit guards to power tools before use.
10.701 SmartBuilders may refuse further supply while the customer fails to fit guards to power tools before use in a manner that creates a reasonably apparent risk to persons or property.
10.702 The customer shall keep blades sharp and use the correct RPM.
10.703 SmartBuilders may refuse further supply while the customer fails to keep blades sharp and use the correct RPM in a manner that creates a reasonably apparent risk to persons or property.
10.704 The customer shall not modify a safety device.
10.705 SmartBuilders may refuse further supply while the customer fails to not modify a safety device in a manner that creates a reasonably apparent risk to persons or property.
10.706 The customer shall read the instruction manual before first use of plant.
10.707 SmartBuilders may refuse further supply while the customer fails to read the instruction manual before first use of plant in a manner that creates a reasonably apparent risk to persons or property.
10.708 The customer shall train employees who use goods bought for a business.
10.709 SmartBuilders may refuse further supply while the customer fails to train employees who use goods bought for a business in a manner that creates a reasonably apparent risk to persons or property.
10.710 The customer shall carry public-liability insurance appropriate to the works.
10.711 SmartBuilders may refuse further supply while the customer fails to carry public-liability insurance appropriate to the works in a manner that creates a reasonably apparent risk to persons or property.
10.712 The customer shall not claim against SmartBuilders for a loss that insurance ought to have covered, except as law requires.
10.713 SmartBuilders may refuse further supply while the customer fails to not claim against SmartBuilders for a loss that insurance ought to have covered, except as law requires in a manner that creates a reasonably apparent risk to persons or property.
10.714 The customer shall notify insurers of a delivery of high-value goods.
10.715 SmartBuilders may refuse further supply while the customer fails to notify insurers of a delivery of high-value goods in a manner that creates a reasonably apparent risk to persons or property.
10.716 The customer shall mark the customer's site so that a courier can find it.
10.717 SmartBuilders may refuse further supply while the customer fails to mark the customer's site so that a courier can find it in a manner that creates a reasonably apparent risk to persons or property.
10.718 The customer shall obtain wayleave for a delivery that crosses a pavement in a regulated way.
10.719 SmartBuilders may refuse further supply while the customer fails to obtain wayleave for a delivery that crosses a pavement in a regulated way in a manner that creates a reasonably apparent risk to persons or property.
10.720 The customer shall not ask a driver to break a by-law.
10.721 SmartBuilders may refuse further supply while the customer fails to not ask a driver to break a by-law in a manner that creates a reasonably apparent risk to persons or property.
10.722 The customer shall accept that a driver may refuse an unlawful instruction.
10.723 SmartBuilders may refuse further supply while the customer fails to accept that a driver may refuse an unlawful instruction in a manner that creates a reasonably apparent risk to persons or property.
10.724 The customer shall pay standing time if a community protest blocks the site.
10.725 SmartBuilders may refuse further supply while the customer fails to pay standing time if a community protest blocks the site in a manner that creates a reasonably apparent risk to persons or property.
10.726 The customer shall rebook delivery after a protest at the customer's cost.
10.727 SmartBuilders may refuse further supply while the customer fails to rebook delivery after a protest at the customer's cost in a manner that creates a reasonably apparent risk to persons or property.
10.728 The customer shall not treat a community protest as SmartBuilders' breach.
10.729 SmartBuilders may refuse further supply while the customer fails to not treat a community protest as SmartBuilders' breach in a manner that creates a reasonably apparent risk to persons or property.
10.730 The customer shall keep dogs secured during delivery.
10.731 SmartBuilders may refuse further supply while the customer fails to keep dogs secured during delivery in a manner that creates a reasonably apparent risk to persons or property.
10.732 The customer shall provide lighting if an agreed late delivery arrives after dusk.
10.733 SmartBuilders may refuse further supply while the customer fails to provide lighting if an agreed late delivery arrives after dusk in a manner that creates a reasonably apparent risk to persons or property.
10.734 The customer shall not require a lone driver to off-load beyond ordinary parcel handling.
10.735 SmartBuilders may refuse further supply while the customer fails to not require a lone driver to off-load beyond ordinary parcel handling in a manner that creates a reasonably apparent risk to persons or property.
10.736 The customer shall supply labour for bagged cement off-load.
10.737 SmartBuilders may refuse further supply while the customer fails to supply labour for bagged cement off-load in a manner that creates a reasonably apparent risk to persons or property.
10.738 The customer shall not stack bags more than the height in the data sheet.
10.739 SmartBuilders may refuse further supply while the customer fails to not stack bags more than the height in the data sheet in a manner that creates a reasonably apparent risk to persons or property.
10.740 The customer shall rotate cement stock.
10.741 SmartBuilders may refuse further supply while the customer fails to rotate cement stock in a manner that creates a reasonably apparent risk to persons or property.
10.742 The customer shall not use expired cement.
10.743 SmartBuilders may refuse further supply while the customer fails to not use expired cement in a manner that creates a reasonably apparent risk to persons or property.
10.744 The customer shall check timber grade stamps.
10.745 SmartBuilders may refuse further supply while the customer fails to check timber grade stamps in a manner that creates a reasonably apparent risk to persons or property.
10.746 The customer shall not substitute structural timber with a lower grade.
10.747 SmartBuilders may refuse further supply while the customer fails to not substitute structural timber with a lower grade in a manner that creates a reasonably apparent risk to persons or property.
10.748 The customer shall dry timber as required before joinery.
10.749 SmartBuilders may refuse further supply while the customer fails to dry timber as required before joinery in a manner that creates a reasonably apparent risk to persons or property.
10.750 The customer shall allow movement joints as good practice requires.
10.751 SmartBuilders may refuse further supply while the customer fails to allow movement joints as good practice requires in a manner that creates a reasonably apparent risk to persons or property.
10.752 The customer shall not hold SmartBuilders responsible for a design that omitted joints.
10.753 SmartBuilders may refuse further supply while the customer fails to not hold SmartBuilders responsible for a design that omitted joints in a manner that creates a reasonably apparent risk to persons or property.
10.754 The customer shall verify paint sheen and base before tinting proceeds.
10.755 SmartBuilders may refuse further supply while the customer fails to verify paint sheen and base before tinting proceeds in a manner that creates a reasonably apparent risk to persons or property.
10.756 The customer shall approve a tint sample as the customer elects, understanding that a sample is indicative.
10.757 SmartBuilders may refuse further supply while the customer fails to approve a tint sample as the customer elects, understanding that a sample is indicative in a manner that creates a reasonably apparent risk to persons or property.
10.758 The customer shall not return tinted paint because a room looks different in another light.
10.759 SmartBuilders may refuse further supply while the customer fails to not return tinted paint because a room looks different in another light in a manner that creates a reasonably apparent risk to persons or property.
10.760 The customer shall buy sufficient paint in one batch for a single elevation.
10.761 SmartBuilders may refuse further supply while the customer fails to buy sufficient paint in one batch for a single elevation in a manner that creates a reasonably apparent risk to persons or property.
10.762 The customer shall accept batch variation between separate purchases.
10.763 SmartBuilders may refuse further supply while the customer fails to accept batch variation between separate purchases in a manner that creates a reasonably apparent risk to persons or property.
10.764 The customer shall prime substrates as specified.
10.765 SmartBuilders may refuse further supply while the customer fails to prime substrates as specified in a manner that creates a reasonably apparent risk to persons or property.
10.766 The customer shall not paint over damp or contaminated surfaces and then claim the coating failed.
10.767 SmartBuilders may refuse further supply while the customer fails to not paint over damp or contaminated surfaces and then claim the coating failed in a manner that creates a reasonably apparent risk to persons or property.
10.768 The customer shall test a hidden area for adhesion.
10.769 SmartBuilders may refuse further supply while the customer fails to test a hidden area for adhesion in a manner that creates a reasonably apparent risk to persons or property.
10.770 The customer shall earth electrical installations.
10.771 SmartBuilders may refuse further supply while the customer fails to earth electrical installations in a manner that creates a reasonably apparent risk to persons or property.
10.772 The customer shall use residual-current protection where SANS requires.
10.773 SmartBuilders may refuse further supply while the customer fails to use residual-current protection where SANS requires in a manner that creates a reasonably apparent risk to persons or property.
10.774 The customer shall not overload a reel or extension.
10.775 SmartBuilders may refuse further supply while the customer fails to not overload a reel or extension in a manner that creates a reasonably apparent risk to persons or property.
10.776 The customer shall match cable current-carrying capacity to the breaker.
10.777 SmartBuilders may refuse further supply while the customer fails to match cable current-carrying capacity to the breaker in a manner that creates a reasonably apparent risk to persons or property.
10.778 The customer shall not use indoor fittings outdoors.
10.779 SmartBuilders may refuse further supply while the customer fails to not use indoor fittings outdoors in a manner that creates a reasonably apparent risk to persons or property.
10.780 The customer shall not use non-UV pipe in sunlight.
10.781 SmartBuilders may refuse further supply while the customer fails to not use non-UV pipe in sunlight in a manner that creates a reasonably apparent risk to persons or property.
10.782 The customer shall support pipe at the specified centres.
10.783 SmartBuilders may refuse further supply while the customer fails to support pipe at the specified centres in a manner that creates a reasonably apparent risk to persons or property.
10.784 The customer shall allow for thermal expansion.
10.785 SmartBuilders may refuse further supply while the customer fails to allow for thermal expansion in a manner that creates a reasonably apparent risk to persons or property.
10.786 The customer shall lag hot pipes as required.
10.787 SmartBuilders may refuse further supply while the customer fails to lag hot pipes as required in a manner that creates a reasonably apparent risk to persons or property.
10.788 The customer shall not claim for a burst caused by freezing where the customer failed to isolate or lag.
10.789 SmartBuilders may refuse further supply while the customer fails to not claim for a burst caused by freezing where the customer failed to isolate or lag in a manner that creates a reasonably apparent risk to persons or property.
10.790 The customer shall flush a geyser installation as the manufacturer requires.
10.791 SmartBuilders may refuse further supply while the customer fails to flush a geyser installation as the manufacturer requires in a manner that creates a reasonably apparent risk to persons or property.
10.792 The customer shall fit drip trays where code requires.
10.793 SmartBuilders may refuse further supply while the customer fails to fit drip trays where code requires in a manner that creates a reasonably apparent risk to persons or property.
10.794 The customer shall not install a geyser without the legally required pressure control.
10.795 SmartBuilders may refuse further supply while the customer fails to not install a geyser without the legally required pressure control in a manner that creates a reasonably apparent risk to persons or property.
10.796 The customer shall use the correct gas class for an appliance.
10.797 SmartBuilders may refuse further supply while the customer fails to use the correct gas class for an appliance in a manner that creates a reasonably apparent risk to persons or property.
10.798 The customer shall leak-test gas joints.
10.799 SmartBuilders may refuse further supply while the customer fails to leak-test gas joints in a manner that creates a reasonably apparent risk to persons or property.
10.800 The customer shall not store petrol in an unapproved container.
10.801 SmartBuilders may refuse further supply while the customer fails to not store petrol in an unapproved container in a manner that creates a reasonably apparent risk to persons or property.
10.802 The customer shall keep safety data sheets available for employees.
10.803 SmartBuilders may refuse further supply while the customer fails to keep safety data sheets available for employees in a manner that creates a reasonably apparent risk to persons or property.
10.804 The customer shall train employees on the SDS.
10.805 SmartBuilders may refuse further supply while the customer fails to train employees on the SDS in a manner that creates a reasonably apparent risk to persons or property.
10.806 The customer shall provide the SDS to a downstream user if the customer resells.
10.807 SmartBuilders may refuse further supply while the customer fails to provide the SDS to a downstream user if the customer resells in a manner that creates a reasonably apparent risk to persons or property.
10.808 The customer shall not remove GHS labels.
10.809 SmartBuilders may refuse further supply while the customer fails to not remove GHS labels in a manner that creates a reasonably apparent risk to persons or property.
10.810 The customer shall not decant chemicals into unmarked bottles.
10.811 SmartBuilders may refuse further supply while the customer fails to not decant chemicals into unmarked bottles in a manner that creates a reasonably apparent risk to persons or property.
10.812 The customer shall keep acids off metal floors.
10.813 SmartBuilders may refuse further supply while the customer fails to keep acids off metal floors in a manner that creates a reasonably apparent risk to persons or property.
10.814 The customer shall neutralise spills with the correct media.
10.815 SmartBuilders may refuse further supply while the customer fails to neutralise spills with the correct media in a manner that creates a reasonably apparent risk to persons or property.
10.816 The customer shall not hose a chemical spill into a storm drain.
10.817 SmartBuilders may refuse further supply while the customer fails to not hose a chemical spill into a storm drain in a manner that creates a reasonably apparent risk to persons or property.
10.818 The customer shall accept liability for environmental clean-up caused by the customer after risk passed.
10.819 SmartBuilders may refuse further supply while the customer fails to accept liability for environmental clean-up caused by the customer after risk passed in a manner that creates a reasonably apparent risk to persons or property.
10.820 The customer shall not bring a claim for a smell or fume that is ordinary to the product.
10.821 SmartBuilders may refuse further supply while the customer fails to not bring a claim for a smell or fume that is ordinary to the product in a manner that creates a reasonably apparent risk to persons or property.
10.822 The customer shall ventilate when using solvent.
10.823 SmartBuilders may refuse further supply while the customer fails to ventilate when using solvent in a manner that creates a reasonably apparent risk to persons or property.
10.824 The customer shall not use solvent near a pilot light.
10.825 SmartBuilders may refuse further supply while the customer fails to not use solvent near a pilot light in a manner that creates a reasonably apparent risk to persons or property.
10.826 The customer shall keep rags in a closed metal container.
10.827 SmartBuilders may refuse further supply while the customer fails to keep rags in a closed metal container in a manner that creates a reasonably apparent risk to persons or property.
10.828 The customer shall not claim for a fire caused by improper rag storage.
10.829 SmartBuilders may refuse further supply while the customer fails to not claim for a fire caused by improper rag storage in a manner that creates a reasonably apparent risk to persons or property.
10.830 The customer shall use fall protection when using ladders on site.
10.831 SmartBuilders may refuse further supply while the customer fails to use fall protection when using ladders on site in a manner that creates a reasonably apparent risk to persons or property.
10.832 The customer shall inspect a ladder before each use.
10.833 SmartBuilders may refuse further supply while the customer fails to inspect a ladder before each use in a manner that creates a reasonably apparent risk to persons or property.
10.834 The customer shall not use a damaged ladder.
10.835 SmartBuilders may refuse further supply while the customer fails to not use a damaged ladder in a manner that creates a reasonably apparent risk to persons or property.
10.836 The customer shall not stand on the top cap of a step ladder.
10.837 SmartBuilders may refuse further supply while the customer fails to not stand on the top cap of a step ladder in a manner that creates a reasonably apparent risk to persons or property.
10.838 The customer shall tie a ladder as required.
10.839 SmartBuilders may refuse further supply while the customer fails to tie a ladder as required in a manner that creates a reasonably apparent risk to persons or property.
10.840 The customer shall not use a ladder as a horizontal plank.
10.841 SmartBuilders may refuse further supply while the customer fails to not use a ladder as a horizontal plank in a manner that creates a reasonably apparent risk to persons or property.
10.842 The customer shall wear a harness where the work at height regulations require.
10.843 SmartBuilders may refuse further supply while the customer fails to wear a harness where the work at height regulations require in a manner that creates a reasonably apparent risk to persons or property.
10.844 The customer shall not hold SmartBuilders responsible for a fall after risk passed.
10.845 SmartBuilders may refuse further supply while the customer fails to not hold SmartBuilders responsible for a fall after risk passed in a manner that creates a reasonably apparent risk to persons or property.
10.846 The customer shall use dust extraction where silica or wood dust is generated.
10.847 SmartBuilders may refuse further supply while the customer fails to use dust extraction where silica or wood dust is generated in a manner that creates a reasonably apparent risk to persons or property.
10.848 The customer shall provide employees with respirators of the correct rating.
10.849 SmartBuilders may refuse further supply while the customer fails to provide employees with respirators of the correct rating in a manner that creates a reasonably apparent risk to persons or property.
10.850 The customer shall not dry-cut cementitious board without controls.
10.851 SmartBuilders may refuse further supply while the customer fails to not dry-cut cementitious board without controls in a manner that creates a reasonably apparent risk to persons or property.
10.852 The customer shall dispose of asbestos only through licensed contractors if the customer encounters it; SmartBuilders does not sell asbestos products.
10.853 SmartBuilders may refuse further supply while the customer fails to dispose of asbestos only through licensed contractors if the customer encounters it; SmartBuilders does not sell asbestos products in a manner that creates a reasonably apparent risk to persons or property.
10.854 The customer shall not request SmartBuilders to take asbestos waste.
10.855 SmartBuilders may refuse further supply while the customer fails to not request SmartBuilders to take asbestos waste in a manner that creates a reasonably apparent risk to persons or property.
10.856 The customer shall survey a renovation for asbestos before disturbing it.
10.857 SmartBuilders may refuse further supply while the customer fails to survey a renovation for asbestos before disturbing it in a manner that creates a reasonably apparent risk to persons or property.
10.858 The customer shall comply with the Asbestos Abatement Regulations.
10.859 SmartBuilders may refuse further supply while the customer fails to comply with the Asbestos Abatement Regulations in a manner that creates a reasonably apparent risk to persons or property.
10.860 The customer shall not import those duties onto SmartBuilders by purchasing ordinary hardware.
10.861 SmartBuilders may refuse further supply while the customer fails to not import those duties onto SmartBuilders by purchasing ordinary hardware in a manner that creates a reasonably apparent risk to persons or property.
10.862 As regards quotation validity, the customer remains solely responsible for compliance, cost and timing, and SmartBuilders' supply of goods does not constitute undertaking that work.
10.863 SmartBuilders may refuse to comment on quotation validity and any comment given is not a representation unless confirmed on a signed quotation.
10.864 As regards price-list errors, the customer remains solely responsible for compliance, cost and timing, and SmartBuilders' supply of goods does not constitute undertaking that work.
10.865 SmartBuilders may refuse to comment on price-list errors and any comment given is not a representation unless confirmed on a signed quotation.
10.866 As regards stock allocation, the customer remains solely responsible for compliance, cost and timing, and SmartBuilders' supply of goods does not constitute undertaking that work.
10.867 SmartBuilders may refuse to comment on stock allocation and any comment given is not a representation unless confirmed on a signed quotation.
10.868 As regards cut-to-size services, the customer remains solely responsible for compliance, cost and timing, and SmartBuilders' supply of goods does not constitute undertaking that work.
10.869 SmartBuilders may refuse to comment on cut-to-size services and any comment given is not a representation unless confirmed on a signed quotation.
10.870 As regards tinting services, the customer remains solely responsible for compliance, cost and timing, and SmartBuilders' supply of goods does not constitute undertaking that work.
10.871 SmartBuilders may refuse to comment on tinting services and any comment given is not a representation unless confirmed on a signed quotation.
10.872 As regards after-hours collection, the customer remains solely responsible for compliance, cost and timing, and SmartBuilders' supply of goods does not constitute undertaking that work.
10.873 SmartBuilders may refuse to comment on after-hours collection and any comment given is not a representation unless confirmed on a signed quotation.
10.874 As regards weekend delivery surcharges, the customer remains solely responsible for compliance, cost and timing, and SmartBuilders' supply of goods does not constitute undertaking that work.
10.875 SmartBuilders may refuse to comment on weekend delivery surcharges and any comment given is not a representation unless confirmed on a signed quotation.
10.876 As regards public-holiday closures, the customer remains solely responsible for compliance, cost and timing, and SmartBuilders' supply of goods does not constitute undertaking that work.
10.877 SmartBuilders may refuse to comment on public-holiday closures and any comment given is not a representation unless confirmed on a signed quotation.
10.878 As regards yard loading slots, the customer remains solely responsible for compliance, cost and timing, and SmartBuilders' supply of goods does not constitute undertaking that work.
10.879 SmartBuilders may refuse to comment on yard loading slots and any comment given is not a representation unless confirmed on a signed quotation.
10.880 As regards contractor account limits, the customer remains solely responsible for compliance, cost and timing, and SmartBuilders' supply of goods does not constitute undertaking that work.
10.881 SmartBuilders may refuse to comment on contractor account limits and any comment given is not a representation unless confirmed on a signed quotation.
10.882 As regards cash-sale identity checks, the customer remains solely responsible for compliance, cost and timing, and SmartBuilders' supply of goods does not constitute undertaking that work.
10.883 SmartBuilders may refuse to comment on cash-sale identity checks and any comment given is not a representation unless confirmed on a signed quotation.
10.884 As regards card present versus card not present, the customer remains solely responsible for compliance, cost and timing, and SmartBuilders' supply of goods does not constitute undertaking that work.
10.885 SmartBuilders may refuse to comment on card present versus card not present and any comment given is not a representation unless confirmed on a signed quotation.
10.886 As regards instant EFT reversals, the customer remains solely responsible for compliance, cost and timing, and SmartBuilders' supply of goods does not constitute undertaking that work.
10.887 SmartBuilders may refuse to comment on instant EFT reversals and any comment given is not a representation unless confirmed on a signed quotation.
10.888 As regards refund timing, the customer remains solely responsible for compliance, cost and timing, and SmartBuilders' supply of goods does not constitute undertaking that work.
10.889 SmartBuilders may refuse to comment on refund timing and any comment given is not a representation unless confirmed on a signed quotation.
10.890 As regards credit-note numbering, the customer remains solely responsible for compliance, cost and timing, and SmartBuilders' supply of goods does not constitute undertaking that work.
10.891 SmartBuilders may refuse to comment on credit-note numbering and any comment given is not a representation unless confirmed on a signed quotation.
10.892 As regards statement disputes, the customer remains solely responsible for compliance, cost and timing, and SmartBuilders' supply of goods does not constitute undertaking that work.
10.893 SmartBuilders may refuse to comment on statement disputes and any comment given is not a representation unless confirmed on a signed quotation.
10.894 As regards suretyship continuing cover, the customer remains solely responsible for compliance, cost and timing, and SmartBuilders' supply of goods does not constitute undertaking that work.
10.895 SmartBuilders may refuse to comment on suretyship continuing cover and any comment given is not a representation unless confirmed on a signed quotation.
10.896 As regards cession of book debts, the customer remains solely responsible for compliance, cost and timing, and SmartBuilders' supply of goods does not constitute undertaking that work.
10.897 SmartBuilders may refuse to comment on cession of book debts and any comment given is not a representation unless confirmed on a signed quotation.
10.898 As regards notarial bonds if granted, the customer remains solely responsible for compliance, cost and timing, and SmartBuilders' supply of goods does not constitute undertaking that work.
10.899 SmartBuilders may refuse to comment on notarial bonds if granted and any comment given is not a representation unless confirmed on a signed quotation.
10.900 As regards landlord hypothec on unpaid goods, the customer remains solely responsible for compliance, cost and timing, and SmartBuilders' supply of goods does not constitute undertaking that work.
10.901 SmartBuilders may refuse to comment on landlord hypothec on unpaid goods and any comment given is not a representation unless confirmed on a signed quotation.
10.902 As regards business-rescue moratorium interaction, the customer remains solely responsible for compliance, cost and timing, and SmartBuilders' supply of goods does not constitute undertaking that work.
10.903 SmartBuilders may refuse to comment on business-rescue moratorium interaction and any comment given is not a representation unless confirmed on a signed quotation.
10.904 As regards liquidation claims ranking, the customer remains solely responsible for compliance, cost and timing, and SmartBuilders' supply of goods does not constitute undertaking that work.
10.905 SmartBuilders may refuse to comment on liquidation claims ranking and any comment given is not a representation unless confirmed on a signed quotation.
10.906 As regards set-off after insolvency to the extent allowed, the customer remains solely responsible for compliance, cost and timing, and SmartBuilders' supply of goods does not constitute undertaking that work.
10.907 SmartBuilders may refuse to comment on set-off after insolvency to the extent allowed and any comment given is not a representation unless confirmed on a signed quotation.
10.908 As regards prescription interruption by acknowledgement, the customer remains solely responsible for compliance, cost and timing, and SmartBuilders' supply of goods does not constitute undertaking that work.
10.909 SmartBuilders may refuse to comment on prescription interruption by acknowledgement and any comment given is not a representation unless confirmed on a signed quotation.
10.910 As regards prescription of a capital amount versus interest, the customer remains solely responsible for compliance, cost and timing, and SmartBuilders' supply of goods does not constitute undertaking that work.
10.911 SmartBuilders may refuse to comment on prescription of a capital amount versus interest and any comment given is not a representation unless confirmed on a signed quotation.
10.912 As regards without-prejudice settlement markings, the customer remains solely responsible for compliance, cost and timing, and SmartBuilders' supply of goods does not constitute undertaking that work.
10.913 SmartBuilders may refuse to comment on without-prejudice settlement markings and any comment given is not a representation unless confirmed on a signed quotation.
10.914 As regards attorney-and-client costs, the customer remains solely responsible for compliance, cost and timing, and SmartBuilders' supply of goods does not constitute undertaking that work.
10.915 SmartBuilders may refuse to comment on attorney-and-client costs and any comment given is not a representation unless confirmed on a signed quotation.
10.916 As regards sheriff's fees, the customer remains solely responsible for compliance, cost and timing, and SmartBuilders' supply of goods does not constitute undertaking that work.
10.917 SmartBuilders may refuse to comment on sheriff's fees and any comment given is not a representation unless confirmed on a signed quotation.
10.918 As regards security for costs if the customer is peregrinus, the customer remains solely responsible for compliance, cost and timing, and SmartBuilders' supply of goods does not constitute undertaking that work.
10.919 SmartBuilders may refuse to comment on security for costs if the customer is peregrinus and any comment given is not a representation unless confirmed on a signed quotation.
10.920 As regards peregrinus attachments, the customer remains solely responsible for compliance, cost and timing, and SmartBuilders' supply of goods does not constitute undertaking that work.
10.921 SmartBuilders may refuse to comment on peregrinus attachments and any comment given is not a representation unless confirmed on a signed quotation.
10.922 As regards foreign judgments if ever relevant, the customer remains solely responsible for compliance, cost and timing, and SmartBuilders' supply of goods does not constitute undertaking that work.
10.923 SmartBuilders may refuse to comment on foreign judgments if ever relevant and any comment given is not a representation unless confirmed on a signed quotation.
10.924 As regards exchange-control compliance, the customer remains solely responsible for compliance, cost and timing, and SmartBuilders' supply of goods does not constitute undertaking that work.
10.925 SmartBuilders may refuse to comment on exchange-control compliance and any comment given is not a representation unless confirmed on a signed quotation.
10.926 As regards sanctions screening, the customer remains solely responsible for compliance, cost and timing, and SmartBuilders' supply of goods does not constitute undertaking that work.
10.927 SmartBuilders may refuse to comment on sanctions screening and any comment given is not a representation unless confirmed on a signed quotation.
10.928 As regards dual-use goods controls, the customer remains solely responsible for compliance, cost and timing, and SmartBuilders' supply of goods does not constitute undertaking that work.
10.929 SmartBuilders may refuse to comment on dual-use goods controls and any comment given is not a representation unless confirmed on a signed quotation.
10.930 As regards explosive precursor records, the customer remains solely responsible for compliance, cost and timing, and SmartBuilders' supply of goods does not constitute undertaking that work.
10.931 SmartBuilders may refuse to comment on explosive precursor records and any comment given is not a representation unless confirmed on a signed quotation.
10.932 As regards PoPIA operator agreements, the customer remains solely responsible for compliance, cost and timing, and SmartBuilders' supply of goods does not constitute undertaking that work.
10.933 SmartBuilders may refuse to comment on PoPIA operator agreements and any comment given is not a representation unless confirmed on a signed quotation.
10.934 As regards operator breach notification, the customer remains solely responsible for compliance, cost and timing, and SmartBuilders' supply of goods does not constitute undertaking that work.
10.935 SmartBuilders may refuse to comment on operator breach notification and any comment given is not a representation unless confirmed on a signed quotation.
10.936 As regards security compromises, the customer remains solely responsible for compliance, cost and timing, and SmartBuilders' supply of goods does not constitute undertaking that work.
10.937 SmartBuilders may refuse to comment on security compromises and any comment given is not a representation unless confirmed on a signed quotation.
10.938 As regards regulator notifications, the customer remains solely responsible for compliance, cost and timing, and SmartBuilders' supply of goods does not constitute undertaking that work.
10.939 SmartBuilders may refuse to comment on regulator notifications and any comment given is not a representation unless confirmed on a signed quotation.
10.940 As regards data-subject requests turnaround, the customer remains solely responsible for compliance, cost and timing, and SmartBuilders' supply of goods does not constitute undertaking that work.
10.941 SmartBuilders may refuse to comment on data-subject requests turnaround and any comment given is not a representation unless confirmed on a signed quotation.
10.942 As regards PAIA form C completeness, the customer remains solely responsible for compliance, cost and timing, and SmartBuilders' supply of goods does not constitute undertaking that work.
10.943 SmartBuilders may refuse to comment on PAIA form C completeness and any comment given is not a representation unless confirmed on a signed quotation.
10.944 As regards PAIA third-party notices, the customer remains solely responsible for compliance, cost and timing, and SmartBuilders' supply of goods does not constitute undertaking that work.
10.945 SmartBuilders may refuse to comment on PAIA third-party notices and any comment given is not a representation unless confirmed on a signed quotation.
10.946 As regards PAIA commercial-confidentiality grounds, the customer remains solely responsible for compliance, cost and timing, and SmartBuilders' supply of goods does not constitute undertaking that work.
10.947 SmartBuilders may refuse to comment on PAIA commercial-confidentiality grounds and any comment given is not a representation unless confirmed on a signed quotation.
10.948 As regards record retention schedules, the customer remains solely responsible for compliance, cost and timing, and SmartBuilders' supply of goods does not constitute undertaking that work.
10.949 SmartBuilders may refuse to comment on record retention schedules and any comment given is not a representation unless confirmed on a signed quotation.
10.950 As regards destruction certificates, the customer remains solely responsible for compliance, cost and timing, and SmartBuilders' supply of goods does not constitute undertaking that work.
10.951 SmartBuilders may refuse to comment on destruction certificates and any comment given is not a representation unless confirmed on a signed quotation.
10.952 As regards backup media, the customer remains solely responsible for compliance, cost and timing, and SmartBuilders' supply of goods does not constitute undertaking that work.
10.953 SmartBuilders may refuse to comment on backup media and any comment given is not a representation unless confirmed on a signed quotation.
10.954 As regards disaster-recovery copies, the customer remains solely responsible for compliance, cost and timing, and SmartBuilders' supply of goods does not constitute undertaking that work.
10.955 SmartBuilders may refuse to comment on disaster-recovery copies and any comment given is not a representation unless confirmed on a signed quotation.
10.956 As regards load-shedding data integrity, the customer remains solely responsible for compliance, cost and timing, and SmartBuilders' supply of goods does not constitute undertaking that work.
10.957 SmartBuilders may refuse to comment on load-shedding data integrity and any comment given is not a representation unless confirmed on a signed quotation.
10.958 As regards till desync after power loss, the customer remains solely responsible for compliance, cost and timing, and SmartBuilders' supply of goods does not constitute undertaking that work.
10.959 SmartBuilders may refuse to comment on till desync after power loss and any comment given is not a representation unless confirmed on a signed quotation.
10.960 As regards barcode mismatches, the customer remains solely responsible for compliance, cost and timing, and SmartBuilders' supply of goods does not constitute undertaking that work.
10.961 SmartBuilders may refuse to comment on barcode mismatches and any comment given is not a representation unless confirmed on a signed quotation.
10.962 As regards scale weight versus labelled weight, the customer remains solely responsible for compliance, cost and timing, and SmartBuilders' supply of goods does not constitute undertaking that work.
10.963 SmartBuilders may refuse to comment on scale weight versus labelled weight and any comment given is not a representation unless confirmed on a signed quotation.
10.964 As regards catch-weight goods, the customer remains solely responsible for compliance, cost and timing, and SmartBuilders' supply of goods does not constitute undertaking that work.
10.965 SmartBuilders may refuse to comment on catch-weight goods and any comment given is not a representation unless confirmed on a signed quotation.
10.966 As regards bulk-bin scoop goods, the customer remains solely responsible for compliance, cost and timing, and SmartBuilders' supply of goods does not constitute undertaking that work.
10.967 SmartBuilders may refuse to comment on bulk-bin scoop goods and any comment given is not a representation unless confirmed on a signed quotation.
10.968 As regards loose-count fasteners, the customer remains solely responsible for compliance, cost and timing, and SmartBuilders' supply of goods does not constitute undertaking that work.
10.969 SmartBuilders may refuse to comment on loose-count fasteners and any comment given is not a representation unless confirmed on a signed quotation.
10.970 As regards coil and drum remainder lengths, the customer remains solely responsible for compliance, cost and timing, and SmartBuilders' supply of goods does not constitute undertaking that work.
10.971 SmartBuilders may refuse to comment on coil and drum remainder lengths and any comment given is not a representation unless confirmed on a signed quotation.
10.972 As regards manufacturer batch recalls, the customer remains solely responsible for compliance, cost and timing, and SmartBuilders' supply of goods does not constitute undertaking that work.
10.973 SmartBuilders may refuse to comment on manufacturer batch recalls and any comment given is not a representation unless confirmed on a signed quotation.
10.974 As regards recall cooperation, the customer remains solely responsible for compliance, cost and timing, and SmartBuilders' supply of goods does not constitute undertaking that work.
10.975 SmartBuilders may refuse to comment on recall cooperation and any comment given is not a representation unless confirmed on a signed quotation.
10.976 As regards serial-number tracing, the customer remains solely responsible for compliance, cost and timing, and SmartBuilders' supply of goods does not constitute undertaking that work.
10.977 SmartBuilders may refuse to comment on serial-number tracing and any comment given is not a representation unless confirmed on a signed quotation.
10.978 As regards warranty registration portals, the customer remains solely responsible for compliance, cost and timing, and SmartBuilders' supply of goods does not constitute undertaking that work.
10.979 SmartBuilders may refuse to comment on warranty registration portals and any comment given is not a representation unless confirmed on a signed quotation.
10.980 As regards extended-warranty products if sold, the customer remains solely responsible for compliance, cost and timing, and SmartBuilders' supply of goods does not constitute undertaking that work.
10.981 SmartBuilders may refuse to comment on extended-warranty products if sold and any comment given is not a representation unless confirmed on a signed quotation.
10.982 As regards insurance add-ons if offered, the customer remains solely responsible for compliance, cost and timing, and SmartBuilders' supply of goods does not constitute undertaking that work.
10.983 SmartBuilders may refuse to comment on insurance add-ons if offered and any comment given is not a representation unless confirmed on a signed quotation.
10.984 As regards no insurance advice, the customer remains solely responsible for compliance, cost and timing, and SmartBuilders' supply of goods does not constitute undertaking that work.
10.985 SmartBuilders may refuse to comment on no insurance advice and any comment given is not a representation unless confirmed on a signed quotation.
10.986 As regards no tax advice, the customer remains solely responsible for compliance, cost and timing, and SmartBuilders' supply of goods does not constitute undertaking that work.
10.987 SmartBuilders may refuse to comment on no tax advice and any comment given is not a representation unless confirmed on a signed quotation.
10.988 As regards no engineering advice, the customer remains solely responsible for compliance, cost and timing, and SmartBuilders' supply of goods does not constitute undertaking that work.
10.989 SmartBuilders may refuse to comment on no engineering advice and any comment given is not a representation unless confirmed on a signed quotation.
10.990 As regards no municipal-approval advice, the customer remains solely responsible for compliance, cost and timing, and SmartBuilders' supply of goods does not constitute undertaking that work.
10.991 SmartBuilders may refuse to comment on no municipal-approval advice and any comment given is not a representation unless confirmed on a signed quotation.
10.992 As regards NHBRC enrolment is the customer's duty, the customer remains solely responsible for compliance, cost and timing, and SmartBuilders' supply of goods does not constitute undertaking that work.
10.993 SmartBuilders may refuse to comment on NHBRC enrolment is the customer's duty and any comment given is not a representation unless confirmed on a signed quotation.
10.994 As regards Home Building Manual compliance is the customer's duty, the customer remains solely responsible for compliance, cost and timing, and SmartBuilders' supply of goods does not constitute undertaking that work.
10.995 SmartBuilders may refuse to comment on Home Building Manual compliance is the customer's duty and any comment given is not a representation unless confirmed on a signed quotation.
10.996 As regards SANS 10400 application is the customer's duty, the customer remains solely responsible for compliance, cost and timing, and SmartBuilders' supply of goods does not constitute undertaking that work.
10.997 SmartBuilders may refuse to comment on SANS 10400 application is the customer's duty and any comment given is not a representation unless confirmed on a signed quotation.
10.998 As regards energy-efficiency calculations are the customer's duty, the customer remains solely responsible for compliance, cost and timing, and SmartBuilders' supply of goods does not constitute undertaking that work.
10.999 SmartBuilders may refuse to comment on energy-efficiency calculations are the customer's duty and any comment given is not a representation unless confirmed on a signed quotation.
10.1000 As regards waterproofing guarantees by specialist applicators only, the customer remains solely responsible for compliance, cost and timing, and SmartBuilders' supply of goods does not constitute undertaking that work.