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The following are the Twilight Powder Coating (Pty) Ltd. terms and conditions of sale, which may be amended from time to time.

 
Definitions

  • The "SELLER" means Twilight Powder Coating (Pty) Ltd.

  • The "CUSTOMER" means the person/company making use of the services of the SELLER.

  • The singular number shall include the plural unless a contrary or other intention is clearly indicated.

 
Payments

  • Prices quoted are per unit, exclude VAT and are payable in South African currency. 

  • Unless a credit application has been completed by the CUSTOMER and approved by the SELLER, payment terms are COD (cash on delivery) and no goods shall be allowed to leave the SELLER's premises without full and final payment being made for the goods.

  • Payment shall be made in cash, by credit card, or by EFT (electronic funds transfer). EFT payments must first reflect in the SELLER's bank account before goods will be released.

 
Placing of orders

  • It is recommended that all orders be in writing (paper, email, fax). If the CUSTOMER insists on only issuing the order verbally, then the risk shall lie with the CUSTOMER in the event of errors occurring. 

  • Amendments to orders should also be in writing for the same reason as stated above. 

  • Orders accepted by the SELLER shall be irrevocable and not capable of cancellation without the SELLER’s prior written consent. Such cancellations may be subject to a charge by the SELLER for costs that were incurred, including but not limited to, the preparation, storage or handling of the CUSTOMER’S goods. The release of these goods may be withheld by the SELLER until this charge has been paid by the CUSTOMER.

 
Deliveries and insurance

  • In the event of the SELLER delivering goods to the CUSTOMER, it is the responsibility of the CUSTOMER to arrange adequate insurance for the goods in transit. The SELLER does not insure such goods and in the event of an accident or the like where the CUSTOMER's goods are damaged/destroyed, the SELLER shall not be held liable for such damage/destruction.

  • The SELLERS invoices shall be deemed to be prima facie proof of delivery and receipt of the goods reflected thereon to the CUSTOMER.

 
Completion of orders

  • Unless otherwise stated, delivery of goods shall be at the SELLERS premises (426 Rustic Road, Silvertondale, Pretoria).

  • Insofar as possible, delivery shall be affected in accordance with any accepted specified date and time for delivery, it being understood that such dates or times, respectively, are approximate only.

  • Delivery of goods shall not be considered overdue until the CUSTOMER has made a request in writing for delivery to take place and afforded the SELLER reasonable opportunity to comply therewith.

  • Should the CUSTOMER fail to collect the goods within 3 working days from when the SELLER has informed him/her that the goods are ready then the SELLER shall be entitled to charge the customer a storage fee. This shall be charged at a rate of 2% of the value of the goods, per working day.

  • Goods must be checked by the CUSTOMER for accuracy before leaving the SELLER’s premises. Upon leaving the SELLER's premises the CUSTOMER will be deemed to have accepted, in total, the delivery reflected in such entry.

  • Strikes, differences with workmen, breakdown of plant or machinery, failure of usual sources of supply of materials, war, civil commotion, acts of Government or quasi Government or legislation or other contingencies whatsoever, beyond the control of the SELLER, shall be sufficient excuse for any delay in, or suspension of delivery.  The SELLER may, after the occurrence of any such contingency, if requested in writing by the CUSTOMER, cancel the order, failing which the SELLER shall complete delivery as rapidly as possible.

  • Should the CUSTOMER fail to collect the goods within 21 working days from when the SELLER has informed him/her that the goods are ready then the SELLER shall be entitled to dispose of or sell such goods in order to recoup losses or free up productive factory space.

 
Liability

  • The CUSTOMER makes use of the SELLER'S services and facility entirely at its own risk. The CUSTOMER acknowledges that the SELLER'S production facility is a risky environment and that the SELLER shall therefore not be liable for any damages, destruction or losses to any of the CUSTOMER'S parts, nor shall the SELLER be liable for any of the CUSTOMER'S consequential damages as a result of such damages, destruction or losses of such parts.

  • All goods are powder coated in accordance with the SELLER’S standards of quality.  The SELLER gives no warranty, of any nature whatsoever, whether express or implied that the goods, once powder coated, will be suitable for the purpose for which the customer intends.

  • No conditions, terms, warranties, representations, agreements or undertakings not contained herein shall be binding on the SELLER unless reduced to writing and signed by an authorised Director of the SELLER.

 
Re-sprays

  • It is not the SELLER'S general policy to perform re-coats on CUSTOMER parts that are already coated. This is due to the high occurrence of rejects (poor quality) because of the following: 

    • It is unclear how many layers of previous coatings are already on the parts. 

    • It is unclear if the new coating will bond properly to the previous coatings.

    • It is unclear what the quality of the pre-treatment was prior to the previous coating.

    • It is unclear if wet paint had been used to "touch up” previous defects.

    • Re-coating is inherently more difficult than a new coating.

  • The following are some of the examples of defects that may occur as a result of re-coating:

    • Static star bursts on the coating.

    • Bubbling of the powder coating.

    • Pinholes.

    • De-lamination of the either the top coat for the existing coating or of all coatings from the metal.

    • Under-spraying due to reduced transfer efficiency.  

    • Thick top coat resulting in an orange peel finish.

  • If, however, in light of the above, the CUSTOMER still requests that the SELLER performs a re-coat on parts, then this shall be done at the CUSTOMER’S risk. The CUSTOMER shall therefore by liable to pay for the performed powder coating service, irrespective of the quality of the re-coat. In the event of parts being rejected, the customer may once again request that the SELLER attempts to apply an additional coating at an additional charge. This shall once again be at the CUSTOMER’S risk and the same shall apply, as above, regarding payment for this service. 

 
General

  • Each of the terms contained herein, shall be a separate and divisible term and if any such term becomes unenforceable for any reason whatsoever, that term shall be severable and shall not affect the validity of the other terms, or invalidate the remainder of the contract.

  • This document constitutes the entire terms and conditions of sale between the CUSTOMER and the SELLER and any variation to these terms and conditions must be in writing and signed by authorised parties of both the SELLER and the CUSTOMER.

     

     

     

     

     

     

     

     

     

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