Terms & Conditions
1. Any reference made to “Coral” below will refer to registered Closed Corporation, namely: “Coral Wetsuits CC” with registration number CK 95/48662/23 situated at 60 Hopkins Street, Salt River”.
2. By placing an order with Coral, you acknowledge that you have read, understand and agree to the terms, conditions, notice periods and disclaimers contained in this agreement.
3. Coral reserves the right to institute changes and amendments to any of the terms in this agreement on condition that reasonable notice thereof is given to the Customer in writing.
4. Prices quoted are valid for 30 days only and subject to circumstances beyond the reasonable control of Coral. The price may be subject to increase due to circumstances beyond the reasonable control of Coral (i.e. increase to the minimum wages of staff, increased taxes, sales or custom duty, fluctuation in the exchange rates or increase in the manufacturing charges or supplier expenses). The customer will be notified of such increase and/or a change in shipping expenses and final approval will be required in writing before commencing with the order.
5. Coral undertakes to, unless it states a specific limitation, have sufficient advertised stock available as stipulated on the quotation. If Coral runs out of stock, it will attempt to obtain stock or will offer the customer a reasonable alternative. Although Coral takes care to ensure that all quotations are correct, it will not be bound to any price that contains an inadvertent and/or obvious error. If a mistake occurs in any advertisement/quotation undertakes to take all reasonable steps to inform the customer of the correct details.
6. The Quotation shall only be accepted if written confirmation has been received from the customer via personal delivery, telefax or e-mail. Please add signature, name, date and time of acceptance of quotation. Work will only commence on receipt of an official ORDER in writing and payment received in accordance with payment terms (therefore please see paragraph 8 in respect of cancellation penalties that may be charged).
7. Any variations/additional works required over and above the original quotation must be agreed upon in writing by both parties before execution of the work.
8. Coral requires payment made in full before any of the products can be dispatched.
9. Due to the nature of pictures published on our website, the actual product may vary from the sample in colour/construction (although this should not exceed 10% of the actual product). That means that goods returned due to the fact that it is different from the sample shown, must be returned in its original packaging without unnecessary damage to the packaging thereof.
10. Coral may impose a cancellation fee in the event of cancellation before delivery/collection. The fee will depend on the nature of the order, the length of notice of cancellation before delivery, the reasonable potential to find alternative clients for the order and the reason for cancellation. No refunds on deposits will be allowed in the event of cancellation for Special–Order Goods/Items that have already been ordered / made.
11. In the event where an error has occurred in respect of the order, Coral undertakes to provide a similar or better product within a reasonable time.
12. It is the Customer’s responsibility to ensure that he/she is satisfied with the ordered product / item and to inspect the product on collection or receipt thereof.
13. The customer further undertakes not to claim a refund or remedy and accepts full responsibility should the item/product be damaged due to misuse, abuse or gross negligence on the customer’s own part.
14. The customer is hereby informed that it is his/her responsibility to choose carefully as no refunds will be entertained based on the fact that the client has made the wrong decision or has changed his/her mind. The customer will be granted a credit to the same value if authorised by the owner, but no refunds will be allowed in the event of a specific order, unless if the product is different from the sample shown or of a defective nature.
15. The customer further accepts that should the ordered product be defective, or failed, that he/she will within 7 business days inform Coral and promptly claim his/her refund/replacement/repair. Pertaining to the fact that the supplier has provided adequate handling, risk and after care instructions in advance, the customer accepts that failing to abide by these rules may vitiate his/her warranty claim.
16. The Customer is hereby informed that the warranty period that pertains to the repair/replacement of any defective or damaged items/products is 3 months (in respect of repair work) or 6 months (in respect of new products ordered). The customer is further informed that these warranties do not apply to ordinary wear and tear.
17. Coral shall within 30 days after purchase (date of receipt) of new products/items, repair or replace failed, unsafe or defective goods or refund the customer the price paid at the election of the customer. The aforesaid warranty is subject thereto that:
- the items/products supplied by Coral have not been altered (including any attempts to repair the item on their own like gluing or stitching of material) contrary to any instruction of the company after leaving the company’s control;
- has not been exposed to abuse or exposed to any use other than what the product was manufactured for;
- the customer has followed the instructions (see after care instructions) as provided by the company; and
- the goods have been inspected by Coral ’s authorised representative in order to evaluate/determine the reason of the imperfection in the product (before the customer will be entitled to its replacement, repair or refund).
- Any claim for defective products/items must be submitted to Coral in writing. Coral will not be liable in terms of this warranty under circumstances where such product characteristic, failure, defect or hazard did not exist in the goods at the time that it was supplied by them. No goods may be sent back without authorisation.
18. It is the Customers responsibility to inform Coral within 10 business days of any defect that may pertain to purchased product/item.
19. The Customer is not entitled to sell or dispose of any goods unpaid for without the prior written consent of Coral. The Customer shall not allow the goods to become encumbered in any manner prior to the full payment thereof and shall advise third parties of the rights that Coral has in and to the goods.
20. The Customer is hereby informed that there is a risk involved in repairing old neoprene material as it becomes brittle after a while due to the erosion by the sun and salt water.
21. Coral cannot be held liable for any harm/damage suffered by the customer if such damage was caused due to reasons beyond the reasonable control of Coral (such risks may include but are not limited to any/all claims for harm/damage caused to the customer/his or her property due to reasons beyond the reasonable control or unintentional act of any person, whether in the employ or in his/her representative capacity of Coral. This will include loss or damage caused as a result of fire or theft, or any economic loss pertaining to such harm/damage caused.
22. The Customer agrees that no indulgence whatsoever by Coral shall constitute a waiver by Coral in respect of any of its rights herein. Under no circumstances will the Supplier be prevented from exercising any of its rights in terms of this Agreement.
23. The customer’s failure to pay, the full outstanding amount on the agreed dates, will attract interest at the prime interest rate (2% per month) or such higher rate as may be prescribed by the National Credit Act as amended from time to time.
24. All discounts shall be forfeited if payment in full is not made on the due date.
25. The Customer hereby agrees to the jurisdiction of the Magistrates Court for any action that may arise from this agreement.