Please read our terms & conditions before using our website and ordering items.

How to order products at Chilli- B

• Prices Include 15% VAT
• We do not keep stock at our offices in Pretoria.
• You do not have to register online to buy from us.
• Once you have decided on the item or items you want, either contact us or mail us a list of the items you are interested in.  Also inform us whether you would like to collect the items or if you would prefer us to quote on delivery as well.  Delivery is not automatically included in the price of the items.  In some cases such as the baths, we charge an additional fee for crating.
• We will then check stock at our suppliers and confirm the price.  We will also obtain quotes for delivery of the items to your address which you have provided to us. Note: if you have not supplied us with a delivery address, we cannot quote on delivery and delivery is then also not included in the price of the quote.  Price of delivery will be stated on a separate line below the items or item that you would like to purchase.
  NOTE: Some products can be sent directly from our suppliers to you, however, some must be re- packed for better protection.
• Once you are satisfied with the items and delivery fee, we will send you a proforma invoice.  Our banking details are at the bottom of the document.  You can then transfer the full amount via EFT and send us proof of payment. Please use the document number (e.g. SO101234) as reference.  You can let the bank send us proof of payment but due to large amounts of spam these mails often land in our Junk Mail or gets deleted. Please confirm with us that we have actually received your proof of payment.
• Once the money has cleared and is available, we will then place our orders at our suppliers.  These items are then delivered to us within 3- 5 working days (usually, but delays can happen and delivery time is not guaranteed). If products are made on order such as industrial items, delivery is only after 22 working days, or as specified and communicated by us to you.
• We will then contact you to inform you that all your items are ready for collection.  If you order must be delivered, we will prepare the items for transport and confirm with you when the courier will collect.  We cannot guarantee when the courier will deliver to you address. That is determined by the third party courier company and their routes.
• Please ensure there is enough time for you to place your order and for us to process and have the item ready for delivery so that your builder can install the product.  Do not leave orders down to the last minute.
  Please read our delivery policy carefully in our Legal section of the website.
• You must not make any purchase through this site unless you understand and agree to all our terms and conditions. Once payment is made for the purchase, it is deemed that you have read and understood the terms and conditions for such purchases.

CHILLI – B TERMS & CONDITIONS OF SALE

1. GENERAL:

a. All sales, deliveries and services of Chilli – B Investments 143 CC (hereinafter referred to as “Chilli-B”) are effected exclusively on the basis of these Terms and Conditions.

b. “Purchaser” means a consumer as defined in the Consumer Protection Act 68 of 2008 as amended (hereinafter referred to as “CPA”)

c. General terms and conditions of the Purchaser are hereby contradicted. They are also not accepted in the event of Chilli – B does not expressly contradicting them again after their receipt.

d. These Terms and Conditions are considered to have been accepted by the Purchaser at the latest with the acceptance of the purchased goods.

e. All contracts, orders and agreements – particularly those purporting to change the conditions set out herein – shall only become binding if expressly accepted by Chilli- B in writing.

2. Acceptance

a. No quotations shall be binding on Chilli- B unless it is set out in writing in an official Chilli- B quotation form signed by a duly authorised representative of Chilli- B.

b. Quotations are only valid for the period stated on each individual quote and no quotation shall be binding on Chilli- B for a period exceeding this date.

c. The acceptance of a quotation does not give rise to a legally binding agreement. That will only take place once Chilli- B dispatches a written confirmation of order without qualification.

d. An order is only accepted by Chilli- B when it has been confirmed in writing.

e. All agreements, declarations and other information are required to be in writing if they are to be valid.

3. Delivery

a. Quotations do not include delivery to the Purchaser unless expressly specified in the quotation.

b. The period stipulated for delivery/collection shall mean delivery ex- factory and the period shall be reckoned from the date the official signed order is received together with full and sufficient information enabling Chilli- B to commence work, which ever be the later. Any delay in the receipt of the official signed order or in providing this information shall be deemed to have extended the time of delivery by a period equivalent to such delay.

c. Whilst Chilli- B undertakes to use its best endeavours to adhere to the specified delivery dates, subject to the aforegoing, no warranties of whatsoever nature or kind are given neither shall the Purchaser be entitled, in the event of a late delivery, to vary or cancel this or any order.

d. Should the Purchaser make default in taking the delivery or delay instructions as to delivery, the goods shall, at Chilli- B’s option, be retained by Chilli- B in storage at the sole risk and expense of the Purchaser.

e. In the event of the supply or delivery of the goods being prevented or delayed through vis major, casus fortuitis, war, fire, strikes and/or combination of work lockouts or accidents or through fog, snow, ice, perils of the sea or rivers, shipping or railway delays, or any other accident or cause beyond our control, Chilli- B shall not be responsible for any damages or loss of profit or for any consequential or indirect damage.

f. All deliveries are door to door.  We do not, neither will our couriers deliver any order to place of installation.  Your building contractor or project manager is responsible for moving your order around in the building site.

g. Transport Risk: We assume no responsibility for errors or discrepancies in weight, errors in shipment, loss, damage and other incidents in the cases where the customer has nominated a third-party transporter. Any and all such claims must be made directly with the transporter and not Chilli-B Investments 143 cc.

h.NOTE: If we quote for delivery and you change the delivery address at a later stage (even after paying) we reserve the right to re quote on the delivery cost. The new address might be cheaper or more expensive and it is to the courier or shipping agent’s discretion not ours.

4. Ownership & Risk

a. Risk shall pass to the Purchaser on collection or delivery of Purchased goods.

b. The ownership of the goods will not pass to the Purchaser until the purchase price has been paid in full.

5. Guarantee

a. All products sold are subject to the manufacturer’s warranties.

b. The Purchaser must inspect the goods immediately upon receipt.

c. Any defects recognisable in the course of a customary examination must be notified to Chill- B in writing within eight (8) days after receipt. Otherwise, the goods purchased are deemed to have been accepted and any defect claims against Chilli- B are excluded.

d. Provided the Purchaser complies with the terms hereof, in all respects, Chilli- B undertakes to remedy, with reasonable dispatch, any original defects arising from faulty materials or workmanship in any goods manufactured by Chilli- B’s suppliers.

e. Notwithstanding the aforegoing, Chilli- B’s liability hereunder shall not exceed the invoice value of the goods originally supplied, nor shall Chilli- B, in any circumstances, be liable for the costs of fittings or refitting of any material and all replaced material shall be, become and remain Chilli- B’s property, and Chilli- B shall not be liable for any damages or loss of profit or for any consequential or indirect damage arising from the aforegoing.

6. Cancellation

a. The Purchaser shall not be entitled to cancel the sale on account of late delivery, unless Chilli- B has failed to deliver goods within a period of 30 days after receiving the written notice from the Purchaser demanding delivery.

b. Subject to the aforegoing, the Purchaser shall be entitled to cancel the order upon the grounds of Chilli- B’s failure to deliver, but he shall not be entitled to require specific performance of any contract by Chilli- B.

7. Sub- contract

Unless specifically agreed in writing

i. Chilli- B shall not be deemed to be a Sub- Contractor of the Purchaser.

ii. Chilli- B shall not be bound by any agreement in respect of retention monies.

iii. Chilli- B shall not be bound by the terms of any agreement entered into between the Purchaser and any third party.

8. Payment

a. Unless other terms have been agreed to between Chilli- B and the purchaser, goods must be paid for on order confirmation.

b. The Purchase price is payable to Chilli- B in South African currency to Chilli- B’s, and any bank charges, commissions or variations in the rates of exchange for Foreign Currency, shall be borne by the Purchaser.

c. In the event of an overdue claim or payment being handed over to Chilli- B’s Attorneys for collection, the Purchaser shall pay all Attorney and Client fees, commissions, and any other amounts which would have been chargeable to Chilli- B by the said Attorneys, whether Summons is issued or not, with interest at the prime rate plus 2% (two percent) per annum from the date on which such amount becomes overdue, to date of payment.

d. We do not accept CASH at our offices and all CASH payments made into our bank account will be charged additional handling fee.

9. Delay in calling goods

If the specified quantities of goods ordered by Purchaser are not called for delivery within the agreed time frame, Chilli- B is entitled to withdraw from the sale with immediate effect, and/or to adjust the prices accordingly. Purchaser is prohibited from claiming any damages.

10. International sales and delivery conditions

a. Chilli- B’s prices shall be understood as net prices without tax or customs duty. Any taxes, duties, charges, etc imposed in connection with the sale, delivery, import or export of the goods must be borne by the Purchaser.

b. The Purchaser shall be liable to provide Chilli- B in due time with all information necessary for Chilli- B to fulfil its obligations with respect to tax and customs duty. In particular the Purchaser shall be liable for providing Chilli- B with a qualified export documentation (eg original certificate of export) and/or its correct VAT ID Number.

c. In case the Purchaser does not fulfil his obligation to supply all necessary information to Chilli- B the Purchaser shall be liable for all claims and damages arising for Chilli- B out of this default of contract, in particular taxes (VAT, GST, sales tax or similar turnover dependent taxes), customs duty, interest, any administrative cost (eg legal and consulting expenses) and penalties.

d. The risk of loss – including accidental loss – or accidental deterioration of the goods is transferred to the Purchaser when the goods are handed over to the commissioned freight- forwarder or carrier but no later than the time of leaving the respective work or warehouse of Chilli- B unless otherwise provided for in the corresponding order confirmation.

e. Delivery of goods notified as ready for dispatch must be requested immediately, otherwise at its own discretion Chilli- B shall be entitled to store them at the expense and risk of the Purchaser and invoice them as delivered ex works.

f. If despatch is delayed for reasons for which Chilli- B is not responsible, then instead of the point in time according to Section the particular date of indication of readiness for despatch applies.

g. Chilli- B may arrange, upon Purchaser’s request, for insurance at Purchaser’s cost against damage arising in connection with the storage, delivery or shipment of goods ordered by Purchaser.

h. To the extent there are defects involved which were not recognisable in the course of a customary examination, written notification of such defects must be given immediately upon their Discovery .Otherwise, the goods purchased are deemed to have been accepted with respect to such defects and any defect claims against Chilli- B are excluded.

11. Limitation of Liabilities and Indemnities

a. Save for claims made in terms of Section 61 of the CPA all claims by either Chilli- B or the Purchaser against each other for consequential damages are excluded.

b. Notwithstanding clause…..

i. the customer indemnifies Chilli- B and holds it harmless against any claim brought against the Purchaser by a third party in terms of the CPA howsoever arising from a supply of goods by Chilli- B, other that claims arising as a result from a breach by Chilli- B of its obligations under the CPA.

ii. each party indemnified the other for any claims that may be brought against it by a third party to the extent that the liability for that claim arose either in whole or in part as a consequence of the other party’s breach of the terms & conditions contained herein.

c. Unless otherwise specified, any claims of the Purchaser against Chilli- B for whatever legal reason, in particular claims arising from infringement of principal and subsidiary contractual obligations, the reimbursement of expenses or tort are excluded.

d. The exclusion in particular includes claims for damages other than to the purchased goods, claims for loss of profit and claims which do not result from a defect of the delivered goods.

e. Subject to mandatory law in other cases as said in section, Chilli- B’s liability is limited to the contractually typical, foreseeable damages not exceeding the amount of the respective order.

12. Breach and Disputes

a. Chilli- B may summarily suspend its performance under or cancel the agreement if:

i. the customer is in default of its obligations owing to  Chilli- B

ii. Chilli- B believes that the Purchaser will not be able to timeously meet any obligation owing to Chilli- B when it falls due.

b. Chilli- B’s right to terminate or suspend the operation of the agreement is in addition to any other rights to claim specific performance, suspend or cancel that agreement which Chilli- B may enjoy, none of which is excluded.

13. Force Majeur

Chilli- B shall not be liable for any failure to perform any obligation under the agreement where such performance has been delayed, hindered or prevented by conditions beyond our control, including but not limited to Acts of God, fire, government directions, war, strikes and/or combination of work lockouts or accidents or through fog, snow, ice, perils of the sea or rivers, shipping or railway delays, or any other accident or cause beyond our control.

14. Entire Agreement

a. These terms and conditions constitute the entire contract between the parties, and it is recorded that no warranties, representations or conditions not herein inserted, have been made by any representative or officer of Chilli- B.

b. No amendments, variations or collateral or additional agreements shall be of any force or effect, unless reduced to writing, and signed by the Purchaser and Seller, provided that if any variations, additions or amendments are executed, or goods delivered by Chilli- B, the Purchaser will be obliged to pay Chilli- B’s normal charges thereof at the date of such execution or delivery.

15. Arbitration

a. Any dispute arising at any time between any of the parties in regards to any matter arising out of, or the interpretation of, or the termination of these terms and conditions, or any matter arising from the interpretation of the escalation clauses, or the calculation of any amount due in terms, hereof, including escalation, shall be submitted to and decided by arbitration.

b. The Arbitration referred to above shall be held:

i. in Pretoria, Gauteng;

ii. in a summary manner, that is, on the basis that it shall not be necessary to observe or carry out either the usual formalities or procedures (e.g. there shall not be any Pleadings or Discovery), or the strict rules of evidence;

iii. immediately, and within a view to it being completed within 21 days after it is demanded; otherwise under the provisions of the Arbitrations Act (as amended from time to time).

c. The parties to the dispute irrevocably agree that the decision in such arbitration proceedings shall be binding, shall be carried into effect, and/or may be made an Order of Court of competent jurisdiction

16. Applicable Law

Any contract drawn between Chilli- B and the Purchaser shall be governed in all aspects by the Law of the Republic of South Africa.

Effective: 1 June 2007
Updated: 8 March 2019
Chilli-B Copyright © 2020