(1) Please note that the goods are custom made. As such Frigipan (Pty) Ltd require a NON-REFUNDABLE deposit of 50% before any goods will be manufactured.
(1.1) Based on the inherent characteristics of the goods Frigipan (Pty) Ltd can only store the final manufactured goods for a period of 2 months.
(1.2) If the customer fail to collect goods before the above-mentioned period the customer will forfeit the deposit as well as the goods. Goods will be sold in order to cover the cost of materials purchased in order to manufacture the goods.
(2) Warranty of goods is limited to (a) 2 Year warranty on insulated panels against delamination
(b) 1 Year manufacturers warranty on compressors
(3) Faulty compressors must be returned to Frigipan (Pty) Ltd to be tested on warranty claims by the manufacturer whereby a professional compressor report will be given the details of compressor failure. Compressor reports can take up to 7 days for processing. No loan equipment will be provided to the customer or a third party by Frigipan (Pty) Ltd.
(3.1) The warranty in respect of the Goods is limited to the manufacturer’s warranty and the manufacturer, in its absolute discretion, shall elect how to give effect to the warranty.
(3.2) Frigipan (Pty) Ltd does not manufacture the goods and accordingly makes no warranties of whatsoever nature. Whether express or implied, in respect of the goods, whether relating to their marketability, quality and / or fitness for any particular use or purpose. The customer accordingly indemnifies Frigipan (Pty) Ltd and holds it harmless against all claims of whatsoever nature and howsoever arising, which may be brought against Frigipan (Pty) Ltd by any person arising out of the use of the goods.
(4) Any recommendations or assistance provided by Frigipan (Pty) Ltd concerning the use, design, application or operation of the Goods shall not be construed as representations or warranties of any kind and such information is accepted by the Customer at the Customer’s own risk and without any obligation or liability to Frigipan (Pty) Ltd. It is the Customer’s sole responsibility to determine the suitability of the Goods for the use in the Customer’s application(s). Failure by Frigipan (Pty) Ltd to make recommendations or provide assistance shall not give rise to any liability to the Company.
(5) Frigipan (Pty) Ltd makes no warranties of any nature whatsoever in respect of the qualification and/or workmanship of any contractor or person which Frigipan (Pty) Ltd may refer the Customer to in respect of the installation and/or commissioning of any goods purchased from Frigipan (Pty) Ltd or for any other reason whatsoever.
(6) Frigipan (Pty) Ltd will not be liable for any indirect, consequential or special loss or damages of any nature whatsoever and howsoever arising which may be suffered by the Customer or any third party, as a result of or in connection with any transaction entered into between Frigipan (Pty) Ltd and the Customer.
(6.1) If any Goods or any part of them are to be supplied and / or manufactured by Frigipan (Pty) Ltd in accordance with specifications, measurements or any other instructions furnished by the Customer, the Customer shall not have any claim of any nature whatsoever against Frigipan (Pty) Ltd for any loss or damage sustained by the Customer or any third party as a result of any error, discrepancy or defect in those specifications, measurements or other instructions, or if the Goods in question are not suitable for the purpose for which they are required, whether that purpose was known to Frigipan (Pty) Ltd or not.
(6.2) The liability of Frigipan (Pty) Ltd, if any, for any direct loss or damage shall not exceed the total price paid or due to be paid by the Customer for the Goods that form the subject matter of such claim.
(6.3) The above exclusions and limitations of liability shall apply regardless of how the loss or damage may be caused and whether based in contract, delict or otherwise.
(6.4) The customer hereby indemnifies Frigipan (Pty) Ltd and holds it harmless against any claim, damage, loss, cost or expense of whatsoever nature , made against the customer by any third party arising from or associated with the goods supplied by Frigipan (Pty) Ltd to the customer, the customer’s or a third party’s use, operating or storage of the goods, the customers representations given to third parties in respect of the goods or any other matter for which Frigipan (Pty) Ltd would not be liable to the customer under this agreement.
(6.5) Frigipan (Pty) Ltd accepts no responsibility for any damage caused to any Goods purchased from it or otherwise, and caused by any contractor in the installation and/or commissioning of such goods, whether or not the Customer was referred to the Contractor by Frigipan (Pty) Ltd or not, and the Customer hereby indemnifies Frigipan (Pty) Ltd in respect of such damages and holds Frigipan (Pty) Ltd harmless against any claims in this regard.
Notwithstanding any of the above, Frigipan (Pty) Ltd does not exclude or limit its liability, if any, for any matter for which it would be prohibited from doing so in law.