AMERICAN shutters Pty Ltd

1. General
1.1 These general terms and conditions of sale (“CONDITIONS OF SALE”) govern the sale of all goods and services (“the GOODS”) by AMERICAN shutters Pty Ltd with registration number 2021/756810/07 (“the SELLER”) to any BUYER, which shall include any natural person or juristic person (“the BUYER”).
1.2 These CONDITIONS OF SALE together with the details in the SELLER’s quotation and any special conditions agreed by the SELLER in writing constitute the entire contract between the BUYER and SELLER.
1.3 The CONDITIONS OF SALE shall prevail over any conflicts with the BUYER’s conditions of purchase or any related documents that contain or state anything to the contrary, whether directly or indirectly.
1.4 The acceptance of any ORDER by the SELLER is conditional upon the BUYER’s complete and unconditional acceptance of these CONDITIONS OF SALE, which are not variable except in writing by the SELLER.
1.5 The failure of the SELLER to enforce any provision of the CONDITIONS OF SALE shall not be construed as a waiver of the SELLER’s right to enforce any such term or condition.
1.6 If any provision of these CONDITIONS OF SALE is held to be invalid or unenforceable, the same shall not apply to the validity or enforceability of the remaining provisions.
1.7 The headings contained in these CONDITIONS OF SALE are included for convenience and shall not affect the interpretation thereof.
2. Quotations And Orders
2.1 All quotations by the SELLER constitute a legal offer to the BUYER and prices quoted are valid for 14 (fourteen) days from the date of the quotation unless otherwise agreed in writing.
2.2 When the SELLER receives a signed acceptance of a quotation and a deposit payment, this will constitute an ORDER, being a legally binding agreement between the BUYER and SELLER.
2.3 By signing acceptance of the quotation, the BUYER explicitly acknowledges their understanding of the details of the quotation and their agreement to these CONDITIONS OF SALE.
2.4 The BUYER warrants that they have the legal capacity and have taken all necessary corporate action required (where applicable) to empower and authorise themselves to enter into this contract.
2.5 No cancellation shall be allowed once a quotation has been accepted and a deposit paid.
2.6 Notwithstanding anything to the contrary herein contained, by accepting delivery of any GOODS pursuant to a quotation the BUYER shall be deemed to have accepted these CONDITIONS OF SALE.
3. Delivery & Installation
3.1 DELIVERY of the GOODS is deemed to have been affected to the BUYER once the BUYER takes possession of the GOODS or when the SELLER installs the GOODS, whichever occurs first (shall constitute “DELIVERY”)
3.2 In the event of the GOODS being (a) transported by a 3rd party; (b) delivered by the SELLER to site; or (c) collected by the BUYER, then DELIVERY shall be deemed to have taken place in the case of (a) at the place of origin of sending; in the case of (b) at the destination site; or in the case of (c) on collection.
3.3 The date of DELIVERY specified on the quotation is an estimate only and the SELLER shall not be bound by that date but will make reasonable efforts to DELIVER the GOODS by that date. The BUYER shall not have any claim of any nature whatsoever against the SELLER arising from the late DELIVERY of the GOODS.
3.4 Late DELIVERY for any reason whatsoever, shall not constitute grounds for withholding sums or any payment due and payable or to refuse DELIVERY or to cancel the ORDER or repudiate this agreement – by the BUYER.
3.5 If whilst installing the GOODS, the SELLER in its sole and absolute discretion considers that the structure in question or portion thereof is not suitable for such installation whether by reason of inferior timber, plaster of brickwork or for any reason whatsoever, the SELLER may call upon the BUYER to remedy the position at the BUYER’s sole cost and expense.
3.6 Within 7 (seven) days from DELIVERY the BUYER shall confirm their satisfaction with the GOODS. Failing which, or failure of the BUYER to report any defects in writing in the same time period, shall be constituted as deemed satisfaction with the GOODS.
4. Terms of Payment
4.1 The GOODS shall remain the property of the SELLER until full payment has been received, upon taking possession of the GOODS the BUYER shall be the custodian of the GOODS for the SELLER until the BUYER has made payment in full.
4.2 Any overdue payments shall be subjected to interest at 2% above the prime overdraft rate from time to time of the SELLERS bank, calculated and compounded monthly.
4.3 The SELLER reserves the right to amend any terms of any credit facility granted to the BUYER at any time without prior notice.
4.4 All deposits are non-refundable.
5. Liability
5.1 All GOODS are sold to the BUYER on the following conditions, and the SELLER does not accept any responsibility arising from the BUYER’s failure to follow this provision:

5.1.1 The SELLER will not be liable for any damage suffered (including but not limited to), water pipes, electrical wiring, tiles, flooring, plaster, paintwork, cornices, skirtings, or any similar. It is the BUYERS obligation to point out any electrical, plumbing or water hazards at the time of installation. Failure to do so is done at the BUYERS risk.
5.1.2 The SELLER shall under no circumstances be responsible for any loss incurred by the BUYER by reason of incorrect information being supplied to the SELLER, including but not limited to, product range; measurements; design; colour. Same shall apply if the BUYER communicated it personally and/or their architect, builder or any other person acting on behalf of the BUYER.
5.1.3 The SELLER cannot guarantee precise colour matching against samples. Minor imperfections not readily apparent at a distance of 2 (two) meters under ordinary light will not be accepted as defects.
5.1.4 The SELLER cannot guarantee the GOODS against slight fading especially as a result of exposure to sunlight where fading will occur.
5.1.5 Our shutters effectively control and block the majority of light but are not a complete light block product and the SELLER does not guarantee any such light block.
5.1.6 Our elliptical shaped louvre will not have perfect closure throughout a shutter panel/s. The BUYER can expect some variation of how tightly the louvres close against one another.
5.1.7 Under no circumstances whatsoever shall the SELLER be liable to the BUYER for any direct, indirect or consequential damages arising out of any delays in supplying GOODS or the supply of defective GOODS or from any cause whatsoever and the BUYER hereby indemnifies and holds the SELLER harmless against all claims of whatsoever nature which may be made against the SELLER arising from the use and/or operation by any person of the GOODS supplied in terms hereof. The SELLERS sole liability in respect of proven defective GOODS shall be in the SELLER’s sole discretion to either repair, replace or refund the costs of such defective GOODS
5.1.8 Tolerance levels of panel sizes are plus or minus 2mm per individual panel, and the product will not be considered defective if failing within the size range.
5.1.9 Where the GOODS are installed by the BUYER itself or sold by the BUYER to a third part for installation, the BUYER shall be responsible for ensuring that the installation is carried out by properly trained workmen. The BUYER shall not have any claim of any nature whatsoever against the SELLER arising from defective installation of the GOODS.
5.1.10 The SELLER accepts no responsibility for changes in any aspect of the window or window surround or any additions to window or the surround after the final measure and the order has been placed. Any GOODS that do not fit as a result of this will still need to be paid in full and any remakes or further work required will also be charged for.
5.1.11 The SELLER’s security shutter range is supplied as a security barrier and the SELLER does not guarantee that it will entirely protect against or prevent crime.
5.1.12 Since our products are made to special order, the Consumer Protection Act No 68 of 2008 as amended does not apply and no cancellation (regardless of when) can be accepted once an ORDER has been accepted.
6. Suretyship
6.1 In the event that the BUYER is not a natural person, then the signatory to the quotation hereto binds themselves as surety and co-principal debtor in solidum with the BUYER in favour of the SELLER for the due payment of all amounts which may at any time be payable by the BUYER.
6.2 These CONDITIONS OF SALE shall apply mutates mutandis to this suretyship
7. Warranty
7.1 Refer to the SELLER’s WARRANTY for full details on the warranty on the GOODS supplied including the time period of different product ranges and any restrictions, in addition:

7.1.1 The SELLER warrants that all GOODS supplied by it will conform to the material specifications of the order and as such be reasonably fit for purpose for which they were supplied and useable by the BUYER.
7.1.2 The SELLER shall be under no liability in respect of any default arising from fair wear and tear, willful damage, negligence of the BUYER, abnormal working conditions, failure to follow the SELLERS’s instructions (whether oral or in writing), misuse, or alteration or repair of the GOODS without the SELLER’s approval.
7.1.3 The WARRANTY is provided subject to the SELLER’s maintenance and cleaning instructions being followed.
7.1.4 The WARRANTY referred to herein shall be of no force and effect in the event that the BUYER has failed to make full payment for the GOODS.
8. Jurisdiction
8.1 The parties rights and obligations arising out of or in connection with these CONDITIONS OF SALE shall be governed, construed, interpreted and enforced according to the laws of SOUTH AFRICA.
8.2 For the purpose of legal proceedings which may arise between the BUYER and SELLER. The BUYER consents to the jurisdiction of the Magistrates Court notwithstanding that the claim exceeds the normal jurisdiction of the Magistrates Court. The SELLER shall, in its discretion, be entitled to proceed against the BUYER in any other Court of competent jurisdiction, notwithstanding the aforegoing.
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