'
AFRICAN ALLIANCE TRAILERS
(PTY) LTD T/A TRAILER BOSS
TERMS & CONDITIONS OF SALE AND WARRANTY
1. APPLICATION
1.1)
These Terms & Conditions apply to the sale, manufacture and supply of trailers and related products by African Alliance Trailers (Pty) Ltd (“African Alliance Trailers”).
1.2)
These Terms & Conditions apply to transactions supplied, performed and/or delivered within the Republic of South Africa, unless otherwise agreed in writing.
1.3)
Nothing in these Terms & Conditions is intended to exclude, restrict or waive any right, remedy, warranty, liability or obligation that cannot lawfully be excluded, restricted or waived under applicable South African law, including the Consumer Protection Act 68 of 2008 (“CPA”), where applicable.
2. QUOTATIONS AND PRICING
2.1)
Unless otherwise stated in writing, quotations are valid for 7 calendar days from the date of issue.
2.2)
Prices displayed in advertisements, brochures, websites, social media, price lists or other promotional material are subject to change without prior notice.
2.3)
A quotation accepted by the customer will apply to the order subject to the terms stated on the quotation.
2.4)
Production will only commence once the quotation/order has been accepted, the required deposit has been received and all specifications and information required to commence production have been confirmed.
3. CUSTOMER SPECIFICATIONS AND VARIATIONS
3.1)
The quotation, order confirmation and/or signed specification records the agreed specifications for the trailer.
3.2)
Any additions, alterations or modifications requested after acceptance of the order may affect the price and production period.
3.3)
Such variations will only become binding once confirmed in writing by African Alliance Trailers.
4. DEPOSIT AND PRODUCTION
4.1)
The required deposit must be received before production commences.
4.2)
The estimated production period is 7–21 working days from commencement of production, unless a different period is stated in writing.
4.3)
Production periods are estimates and may vary due to production schedules, availability of materials or components, supplier delays, customisation requirements, unforeseen manufacturing circumstances or other circumstances reasonably beyond the control of African Alliance Trailers.
5. COLLECTION AND DELIVERY
5.1)
Unless otherwise agreed in writing, the agreed place of collection is the African Alliance Trailers premises.
5.2)
The customer is responsible for ensuring that the towing vehicle and towing equipment are suitable and legally compliant for the trailer before collection and use.
5.3)
The customer should inspect the trailer upon collection or delivery and report any visible damage, shortages or discrepancies as soon as reasonably practicable.
5.4)
Nothing in this clause limits any statutory rights or remedies available to the customer.
6. REGISTRATION AND DOCUMENTATION
6.1)
African Alliance Trailers will provide the documentation applicable to the trailer and included in the agreed sale.
6.2)
Registration, licensing and number-plate costs are for the customer's account unless expressly stated otherwise in writing.
6.3)
Any registration authority fees, inspections, weighbridge fees, police clearance, roadworthy testing or other government or third-party requirements, where applicable, are for the customer's account unless otherwise agreed in writing.
6.4)
Registration requirements may vary according to the circumstances and requirements of the relevant authority.
6.5)
The trailer will be identified by the applicable VIN and manufacturer/data-plate information required by applicable South African regulatory requirements.
7. TOWING VEHICLE AND ELECTRICAL SYSTEM
7.1)
African Alliance Trailers does not install, modify, repair or wire vehicle towbars or vehicle towing electrical systems unless expressly agreed in writing.
7.2)
The customer is responsible for ensuring that the towing vehicle is fitted with a legally compliant and suitable towbar, appropriate towing equipment and a correctly functioning electrical connection compatible with the trailer.
7.3)
Some modern vehicles may require a suitable trailer interface, adaptor, bypass relay or other electrical solution.
7.4)
The customer is responsible for ensuring that the towing vehicle's electrical system is compatible with the trailer's lighting and electrical system.
8. TRAILER USE, LOADING AND MAINTENANCE
8.1)
The trailer must only be used for its intended purpose and within its rated capacity.
8.2)
The trailer must not be overloaded.
8.3)
Loads must be appropriately distributed and securely restrained.
8.4)
The owner is responsible for the proper use, maintenance, storage and care of the trailer in accordance with the manufacturer's instructions and applicable law.
8.5)
The owner should regularly inspect, maintain and, where necessary, replace tyres, wheel bearings, brakes, suspension components, couplings, fasteners, lights and other components in accordance with applicable manufacturer recommendations.
9. EXPRESS WORKMANSHIP WARRANTY
9.1)
The applicable express workmanship warranty period shall be the period specifically stated on the quotation or invoice issued to the customer.
9.2)
African Alliance Trailers warrants that workmanship carried out by African Alliance Trailers will be free from defects in workmanship for the applicable express warranty period, subject to these Terms & Conditions.
9.3)
The express workmanship warranty is in addition to any statutory rights and warranties applicable to the customer and does not replace or limit any rights that cannot lawfully be excluded.
10. PAINT AND SURFACE FINISH WARRANTY
10.1)
African Alliance Trailers warrants that paint and surface finishes supplied and applied by African Alliance Trailers will be applied in accordance with generally accepted professional practices and will be free from peeling, blistering or flaking attributable to defective workmanship for a period of 12 months from the date of completion or delivery, as applicable.
10.2)
This paint workmanship warranty does not cover normal fading, colour change or deterioration resulting from sunlight, weather or environmental exposure; abrasion; stone chips or road debris; impact; chemicals; fuel; oils; solvents; bird droppings; corrosive substances; improper cleaning or maintenance; accidents; misuse; alterations; or normal ageing and deterioration.
10.3)
Surface rust, corrosion or deterioration resulting from damage to the painted surface, exposure to corrosive substances, failure to maintain the trailer, or failure to promptly repair chips, scratches or other damage is excluded from this paint workmanship warranty.
11. MANUFACTURER-SUPPLIED COMPONENTS
11.1)
Components supplied by third-party manufacturers, including but not limited to axles, tyres, couplers, leaf springs, bearings, brakes, lights and electrical components, may be subject to the applicable manufacturer's warranty and specifications.
11.2)
The African Alliance Trailers express workmanship warranty does not extend to normal wear and tear or failures attributable to the inherent operation, loading, road conditions, misuse, lack of maintenance or normal deterioration of such components.
11.3)
Where a component is alleged to be defective, African Alliance Trailers may inspect the component and, where appropriate, assist the customer with the applicable manufacturer's warranty claim.
11.4)
Nothing in this clause limits any statutory rights or remedies that cannot lawfully be excluded.
12. WARRANTY EXCLUSIONS
The express workmanship warranty does not cover defects, damage or failure caused by:
-
misuse, abuse or neglect;
-
overloading;
-
incorrect load distribution;
-
unsecured loads;
-
accidents or collisions;
-
abnormal or unsuitable road conditions;
-
unauthorised modifications;
-
unauthorised repairs;
-
lack of maintenance;
-
failure to service or lubricate components where applicable;
-
continued use after a defect becomes apparent;
-
incorrect towing equipment;
-
incorrect electrical connections;
-
normal wear and tear;
-
corrosion caused by external or environmental factors;
-
stone chips or road debris;
-
impact damage;
-
chemical damage;
-
UV fading or normal paint ageing;
-
damage caused by third parties;
-
use outside the intended purpose or rated capacity.
These exclusions apply only to the extent permitted by applicable law.
13. WARRANTY CLAIMS
13.1)
Warranty claims should be submitted in writing as soon as reasonably practicable after the defect is discovered.
13.2)
The customer should provide reasonable details of the alleged defect and, where appropriate, photographs or other supporting information.
13.3)
African Alliance Trailers may require the trailer or affected component to be made available for inspection before a warranty claim is accepted.
13.4)
A warranty claim does not automatically constitute acceptance of liability by African Alliance Trailers.
14. WARRANTY REPAIRS
14.1)
Where a warranty repair is accepted, repairs will ordinarily be carried out at the African Alliance Trailers factory or at another facility nominated by African Alliance Trailers.
14.2)
The customer must make the trailer available for inspection and repair at the nominated location unless otherwise agreed in writing.
14.3)
Unless otherwise authorised in writing, the customer should not arrange third-party warranty repairs before African Alliance Trailers has been given a reasonable opportunity to inspect and assess the alleged defect.
14.4)
Where a third-party repair is undertaken without prior authorisation, African Alliance Trailers may not be responsible for costs arising from that repair, subject to any rights the customer may have under applicable law.
15. CANCELLATION
15.1)
A customer requesting cancellation after an order has been accepted should notify African Alliance Trailers in writing.
15.2)
Where production or procurement has commenced, African Alliance Trailers may charge a reasonable cancellation fee reflecting costs, materials, labour, components purchased or committed specifically for the order, work already completed, administrative costs and other reasonably incurred losses arising from the cancellation, subject to applicable law.
15.3)
Any cancellation charge will be determined having regard to the circumstances and applicable law.
16. LIMITATION OF LIABILITY
16.1)
Subject to any rights and remedies that cannot lawfully be excluded or limited, African Alliance Trailers' express workmanship warranty is limited to remedying defective workmanship by repair or, where reasonably appropriate, replacement of the affected workmanship or component.
16.2)
Nothing in these Terms & Conditions excludes or limits liability or rights where such exclusion or limitation is prohibited by applicable law.
17. COMPLAINTS
17.1)
Customers are encouraged to raise any complaint with African Alliance Trailers in writing so that the matter can first be investigated and resolved directly.
17.2)
The customer remains entitled to exercise any applicable statutory rights or remedies.
18. ACCEPTANCE OF TERMS
18.1)
By accepting the quotation, paying the required deposit or otherwise instructing African Alliance Trailers to proceed with the order, the customer acknowledges that these Terms & Conditions have been made available to the customer.
18.2)
Where applicable, important warranty exclusions, liability provisions and other material terms should be specifically brought to the customer's attention before acceptance.
African Alliance Trailers (Pty) Ltd reserves the right to amend its standard Terms & Conditions from time to time. Amendments will not alter the agreed terms of an existing order unless otherwise agreed or permitted by law.
AFRICAN ALLIANCE TRAILERS
(PTY) LTD T/A TRAILER BOSS
TERMS & CONDITIONS OF SALE AND WARRANTY
1. APPLICATION
1.1)
These Terms & Conditions apply to the sale, manufacture and supply of trailers and related products by African Alliance Trailers (Pty) Ltd (“African Alliance Trailers”).
1.2)
These Terms & Conditions apply to transactions supplied, performed and/or delivered within the Republic of South Africa, unless otherwise agreed in writing.
1.3)
Nothing in these Terms & Conditions is intended to exclude, restrict or waive any right, remedy, warranty, liability or obligation that cannot lawfully be excluded, restricted or waived under applicable South African law, including the Consumer Protection Act 68 of 2008 (“CPA”), where applicable.
2. QUOTATIONS AND PRICING
2.1)
Unless otherwise stated in writing, quotations are valid for 7 calendar days from the date of issue.
2.2)
Prices displayed in advertisements, brochures, websites, social media, price lists or other promotional material are subject to change without prior notice.
2.3)
A quotation accepted by the customer will apply to the order subject to the terms stated on the quotation.
2.4)
Production will only commence once the quotation/order has been accepted, the required deposit has been received and all specifications and information required to commence production have been confirmed.
3. CUSTOMER SPECIFICATIONS AND VARIATIONS
3.1)
The quotation, order confirmation and/or signed specification records the agreed specifications for the trailer.
3.2)
Any additions, alterations or modifications requested after acceptance of the order may affect the price and production period.
3.3)
Such variations will only become binding once confirmed in writing by African Alliance Trailers.
4. DEPOSIT AND PRODUCTION
4.1)
The required deposit must be received before production commences.
4.2)
The estimated production period is 7–21 working days from commencement of production, unless a different period is stated in writing.
4.3)
Production periods are estimates and may vary due to production schedules, availability of materials or components, supplier delays, customisation requirements, unforeseen manufacturing circumstances or other circumstances reasonably beyond the control of African Alliance Trailers.
5. COLLECTION AND DELIVERY
5.1)
Unless otherwise agreed in writing, the agreed place of collection is the African Alliance Trailers premises.
5.2)
The customer is responsible for ensuring that the towing vehicle and towing equipment are suitable and legally compliant for the trailer before collection and use.
5.3)
The customer should inspect the trailer upon collection or delivery and report any visible damage, shortages or discrepancies as soon as reasonably practicable.
5.4)
Nothing in this clause limits any statutory rights or remedies available to the customer.
6. REGISTRATION AND DOCUMENTATION
6.1)
African Alliance Trailers will provide the documentation applicable to the trailer and included in the agreed sale.
6.2)
Registration, licensing and number-plate costs are for the customer's account unless expressly stated otherwise in writing.
6.3)
Any registration authority fees, inspections, weighbridge fees, police clearance, roadworthy testing or other government or third-party requirements, where applicable, are for the customer's account unless otherwise agreed in writing.
6.4)
Registration requirements may vary according to the circumstances and requirements of the relevant authority.
6.5)
The trailer will be identified by the applicable VIN and manufacturer/data-plate information required by applicable South African regulatory requirements.
7. TOWING VEHICLE AND ELECTRICAL SYSTEM
7.1)
African Alliance Trailers does not install, modify, repair or wire vehicle towbars or vehicle towing electrical systems unless expressly agreed in writing.
7.2)
The customer is responsible for ensuring that the towing vehicle is fitted with a legally compliant and suitable towbar, appropriate towing equipment and a correctly functioning electrical connection compatible with the trailer.
7.3)
Some modern vehicles may require a suitable trailer interface, adaptor, bypass relay or other electrical solution.
7.4)
The customer is responsible for ensuring that the towing vehicle's electrical system is compatible with the trailer's lighting and electrical system.
8. TRAILER USE, LOADING AND MAINTENANCE
8.1)
The trailer must only be used for its intended purpose and within its rated capacity.
8.2)
The trailer must not be overloaded.
8.3)
Loads must be appropriately distributed and securely restrained.
8.4)
The owner is responsible for the proper use, maintenance, storage and care of the trailer in accordance with the manufacturer's instructions and applicable law.
8.5)
The owner should regularly inspect, maintain and, where necessary, replace tyres, wheel bearings, brakes, suspension components, couplings, fasteners, lights and other components in accordance with applicable manufacturer recommendations.
9. EXPRESS WORKMANSHIP WARRANTY
9.1)
The applicable express workmanship warranty period shall be the period specifically stated on the quotation or invoice issued to the customer.
9.2)
African Alliance Trailers warrants that workmanship carried out by African Alliance Trailers will be free from defects in workmanship for the applicable express warranty period, subject to these Terms & Conditions.
9.3)
The express workmanship warranty is in addition to any statutory rights and warranties applicable to the customer and does not replace or limit any rights that cannot lawfully be excluded.
10. PAINT AND SURFACE FINISH WARRANTY
10.1)
African Alliance Trailers warrants that paint and surface finishes supplied and applied by African Alliance Trailers will be applied in accordance with generally accepted professional practices and will be free from peeling, blistering or flaking attributable to defective workmanship for a period of 12 months from the date of completion or delivery, as applicable.
10.2)
This paint workmanship warranty does not cover normal fading, colour change or deterioration resulting from sunlight, weather or environmental exposure; abrasion; stone chips or road debris; impact; chemicals; fuel; oils; solvents; bird droppings; corrosive substances; improper cleaning or maintenance; accidents; misuse; alterations; or normal ageing and deterioration.
10.3)
Surface rust, corrosion or deterioration resulting from damage to the painted surface, exposure to corrosive substances, failure to maintain the trailer, or failure to promptly repair chips, scratches or other damage is excluded from this paint workmanship warranty.
11. MANUFACTURER-SUPPLIED COMPONENTS
11.1)
Components supplied by third-party manufacturers, including but not limited to axles, tyres, couplers, leaf springs, bearings, brakes, lights and electrical components, may be subject to the applicable manufacturer's warranty and specifications.
11.2)
The African Alliance Trailers express workmanship warranty does not extend to normal wear and tear or failures attributable to the inherent operation, loading, road conditions, misuse, lack of maintenance or normal deterioration of such components.
11.3)
Where a component is alleged to be defective, African Alliance Trailers may inspect the component and, where appropriate, assist the customer with the applicable manufacturer's warranty claim.
11.4)
Nothing in this clause limits any statutory rights or remedies that cannot lawfully be excluded.
12. WARRANTY EXCLUSIONS
The express workmanship warranty does not cover defects, damage or failure caused by:
-
misuse, abuse or neglect;
-
overloading;
-
incorrect load distribution;
-
unsecured loads;
-
accidents or collisions;
-
abnormal or unsuitable road conditions;
-
unauthorised modifications;
-
unauthorised repairs;
-
lack of maintenance;
-
failure to service or lubricate components where applicable;
-
continued use after a defect becomes apparent;
-
incorrect towing equipment;
-
incorrect electrical connections;
-
normal wear and tear;
-
corrosion caused by external or environmental factors;
-
stone chips or road debris;
-
impact damage;
-
chemical damage;
-
UV fading or normal paint ageing;
-
damage caused by third parties;
-
use outside the intended purpose or rated capacity.
These exclusions apply only to the extent permitted by applicable law.
13. WARRANTY CLAIMS
13.1)
Warranty claims should be submitted in writing as soon as reasonably practicable after the defect is discovered.
13.2)
The customer should provide reasonable details of the alleged defect and, where appropriate, photographs or other supporting information.
13.3)
African Alliance Trailers may require the trailer or affected component to be made available for inspection before a warranty claim is accepted.
13.4)
A warranty claim does not automatically constitute acceptance of liability by African Alliance Trailers.
14. WARRANTY REPAIRS
14.1)
Where a warranty repair is accepted, repairs will ordinarily be carried out at the African Alliance Trailers factory or at another facility nominated by African Alliance Trailers.
14.2)
The customer must make the trailer available for inspection and repair at the nominated location unless otherwise agreed in writing.
14.3)
Unless otherwise authorised in writing, the customer should not arrange third-party warranty repairs before African Alliance Trailers has been given a reasonable opportunity to inspect and assess the alleged defect.
14.4)
Where a third-party repair is undertaken without prior authorisation, African Alliance Trailers may not be responsible for costs arising from that repair, subject to any rights the customer may have under applicable law.
15. CANCELLATION
15.1)
A customer requesting cancellation after an order has been accepted should notify African Alliance Trailers in writing.
15.2)
Where production or procurement has commenced, African Alliance Trailers may charge a reasonable cancellation fee reflecting costs, materials, labour, components purchased or committed specifically for the order, work already completed, administrative costs and other reasonably incurred losses arising from the cancellation, subject to applicable law.
15.3)
Any cancellation charge will be determined having regard to the circumstances and applicable law.
16. LIMITATION OF LIABILITY
16.1)
Subject to any rights and remedies that cannot lawfully be excluded or limited, African Alliance Trailers' express workmanship warranty is limited to remedying defective workmanship by repair or, where reasonably appropriate, replacement of the affected workmanship or component.
16.2)
Nothing in these Terms & Conditions excludes or limits liability or rights where such exclusion or limitation is prohibited by applicable law.
17. COMPLAINTS
17.1)
Customers are encouraged to raise any complaint with African Alliance Trailers in writing so that the matter can first be investigated and resolved directly.
17.2)
The customer remains entitled to exercise any applicable statutory rights or remedies.
18. ACCEPTANCE OF TERMS
18.1)
By accepting the quotation, paying the required deposit or otherwise instructing African Alliance Trailers to proceed with the order, the customer acknowledges that these Terms & Conditions have been made available to the customer.
18.2)
Where applicable, important warranty exclusions, liability provisions and other material terms should be specifically brought to the customer's attention before acceptance.
African Alliance Trailers (Pty) Ltd reserves the right to amend its standard Terms & Conditions from time to time. Amendments will not alter the agreed terms of an existing order unless otherwise agreed or permitted by law.
