Hydraulic Squad (Pty) Ltd · Registration No. 2019/591521/07 · VAT No. 4110314210 · Unit 2B, 22 Mulder Street, Industrial Park, Bronkhorstspruit, 1020 · 087 822 1376 · sales@hydraulicsquad.co.za · www.hydraulicsquad.co.za
Important notice – read before signing
THESE TERMS FORM A BINDING CONTRACT. BY SIGNING, ISSUING A PURCHASE ORDER, ACCEPTING A QUOTATION, BOOKING IN EQUIPMENT OR ACCEPTING DELIVERY, THE CUSTOMER AGREES TO THEM.
THE CUSTOMER'S ATTENTION IS SPECIFICALLY DRAWN TO THE CLAUSES PRINTED IN BOLD, WHICH LIMIT HYDRAULIC SQUAD'S LIABILITY, PLACE RISK ON THE CUSTOMER, REQUIRE THE CUSTOMER TO INDEMNIFY HYDRAULIC SQUAD, AND CREATE A PERSONAL SURETYSHIP FOR THE SIGNATORY. THESE ARE CLAUSES 4, 5, 6, 7, 8, 9, 10 AND 14. The Customer confirms that it has had an adequate opportunity to read and understand these terms, and to ask questions, before signing.
1. Definitions and interpretation
1.1 In these terms:
- "Hydraulic Squad", "we" or "us" means Hydraulic Squad (Pty) Ltd, registration number 2019/591521/07, and its successors and cessionaries.
- "Customer" or "you" means the person, company, close corporation, trust, partnership or other entity that requests a quotation, places an order, books in equipment or receives Goods or Services, and includes its agents and employees.
- "Goods" means all products, parts, components, hoses, fittings, cylinders, pumps, motors, valves, power packs, oils and other items supplied by Hydraulic Squad.
- "Services" means all repairs, overhauls, reconditioning, testing, manufacturing, fitting, installation, fault-finding, call-outs, site work, advice and any other work done by Hydraulic Squad.
- "Equipment" means any item belonging to the Customer that is delivered to, collected by or worked on by Hydraulic Squad.
- "Agreement" means these terms together with the relevant quotation, order, job card, credit application and invoice.
- "Signatory" means the natural person who signs these terms or a credit application on behalf of the Customer.
- "Prime rate" means the publicly quoted prime lending rate of First National Bank (FNB) from time to time.
1.2 Headings are for convenience only. The singular includes the plural, and a reference to a person includes a juristic person.
1.3 The rule that a contract is interpreted against the party who drafted it does not apply to this Agreement.
1.4 Where a period of days is stated, it means business days unless calendar days are specified.
2. Application and acceptance
2.1 These terms apply to every quotation, order, sale, repair and service by Hydraulic Squad. They apply to all future transactions between the parties without needing to be signed again.
2.2 These terms override any terms and conditions of the Customer, including terms printed on the Customer's purchase order, delivery note or website, even if Hydraulic Squad signs or accepts such a document. The Customer's terms apply only if a director of Hydraulic Squad agrees to them in writing, referring to this clause.
2.3 The Customer accepts these terms by doing any one of the following: signing them; signing or accepting a quotation; issuing a purchase order or order number (including by email or WhatsApp); paying a deposit or invoice; instructing Hydraulic Squad to proceed; delivering or booking in Equipment; or accepting delivery or collection of Goods.
2.4 An order is only binding on Hydraulic Squad once we confirm it in writing or start performing it. We may decline any order without giving reasons.
2.5 Instructions given by the Customer's employees, agents or site personnel bind the Customer. Hydraulic Squad does not have to verify the authority of the person giving the instruction.
2.6 Emails, WhatsApp messages and electronic signatures are valid writing and signature for this Agreement, as provided in the Electronic Communications and Transactions Act 25 of 2002.
3. Quotations and pricing
3.1 Quotations are valid for 7 (seven) days from their date, unless the quotation states otherwise. Stock availability is not reserved until an order is confirmed.
3.2 All prices are in South African Rand and exclude VAT, delivery, packaging, insurance and call-out fees, unless stated otherwise.
3.3 Many Goods and parts are imported. If supplier prices, exchange rates, import duties, freight or other costs change after the quotation, Hydraulic Squad may adjust the price. We will notify the Customer before invoicing any increase.
3.4 Repair quotations are estimates based on the information and inspection available at the time. If further damage or worn parts are found once work begins, Hydraulic Squad will notify the Customer. Additional work will be quoted and charged separately.
3.5 Labour is charged at Hydraulic Squad's current rates. Overtime, after-hours, weekend and public-holiday work, travel time and kilometres are charged at the rates in the quotation or our current rate list.
3.6 Clerical errors in quotations, invoices or price lists may be corrected by Hydraulic Squad at any time.
4. Payment
4.1 Unless the Customer has an approved credit account, payment is due before collection or delivery of Goods or repaired Equipment (cash on delivery).
4.2 Hydraulic Squad may require a deposit of up to 50% before ordering stock or starting work, and 100% upfront for special-order, imported or custom-manufactured items.
4.3 Approved credit account customers must pay within 30 (thirty) days from date of statement, unless otherwise agreed in writing.
4.4 Payment is made by EFT into Hydraulic Squad's bank account, using the invoice number as reference. Payment is only regarded as received once the funds clear in our account. Hydraulic Squad will never change its banking details by email. The Customer must confirm any change of banking details telephonically with a director before paying. Hydraulic Squad is not liable for any payment made into an incorrect account.
4.5 The Customer may not withhold payment, or set off or deduct any amount, for any reason, including a warranty claim or dispute. Disputes are dealt with separately under clause 14.
4.6 Overdue amounts bear interest at the maximum rate permitted by law, or at 2% per month, whichever is lower, calculated daily and compounded monthly from the due date until paid in full.
4.7 The Customer is liable for all legal costs incurred by Hydraulic Squad to recover overdue amounts, on the scale as between attorney and own client, including collection commission, tracing fees and counsel's fees, to the extent permitted by law.
4.8 If any amount is overdue, Hydraulic Squad may, without notice: suspend all work and deliveries; hold any Customer Equipment in its possession (clause 7.5); cancel credit facilities; and demand immediate payment of the full balance owing, whether due or not.
4.9 Payments are first allocated to interest and costs, and then to the oldest invoice, regardless of how the Customer allocates them.
5. Cancellations and returns
5.1 An order may be cancelled only by written notice to Hydraulic Squad.
5.2 If the Customer cancels an order for stock Goods, a cancellation fee of 15% of the order value applies. This covers administration, handling and restocking costs. This fee is fixed and not negotiable.
5.3 Special-order, imported, custom-made, cut-to-length or crimped items (including made-up hoses), and Goods ordered specifically for the Customer, cannot be cancelled or returned once ordered. The Customer remains liable for the full price.
5.4 If the Customer cancels a repair or service after work has started, the Customer must pay for all labour done, parts fitted or ordered, and the strip-and-quote fee in clause 7.2.
5.5 Returns of stock Goods are accepted only within 7 (seven) days of delivery, with the original invoice, in unused and resaleable condition and in original packaging, and with Hydraulic Squad's prior written approval. A non-negotiable handling fee of 15% applies to accepted returns, unless the return is because of our error or the Goods are confirmed faulty. Returns are further governed by Hydraulic Squad's Returns Policy.
5.6 Electrical items, seals, O-rings, filters, oils and Goods that have been fitted, used or contaminated cannot be returned.
5.7 Where the Consumer Protection Act applies, clause 16 prevails over this clause.
6. Delivery, risk and ownership
6.1 Delivery and completion dates are estimates only. Hydraulic Squad is not liable for any loss caused by late delivery or late completion, and late delivery does not entitle the Customer to cancel, unless a guaranteed date was agreed in writing by a director.
6.2 Delivery takes place when Goods or Equipment are handed to the Customer, its agent or a courier or transporter, or are collected from our premises. A signature on a delivery note or job card by any person at the Customer's premises is proof of delivery.
6.3 Risk of loss, theft or damage passes to the Customer on delivery. Where the Customer arranges transport, risk passes when the Goods leave our premises.
6.4 The Customer must inspect Goods on delivery and report any shortage or visible damage in writing within 2 (two) days. After that, the Goods are regarded as accepted in good order.
6.5 Ownership of all Goods, and of all parts fitted to the Customer's Equipment, remains with Hydraulic Squad until the full amount owing to Hydraulic Squad has been paid. Until then, the Customer holds the Goods on our behalf, must keep them insured and identifiable, and may not sell, encumber or remove them.
6.6 If the Customer fails to pay, Hydraulic Squad may enter the Customer's premises during business hours and remove its Goods and parts, and the Customer consents to this. The costs of removal are for the Customer. Removal does not cancel the Customer's debt.
6.7 If the Customer fails to accept delivery or collect Goods, Hydraulic Squad may charge storage and redelivery costs.
7. Repairs, services and site work
7.1 Equipment is booked in on a job card. The Customer must disclose all known faults, previous repairs, operating pressures and conditions, and any hazards.
7.2 A strip-and-quote fee of R250 (or the actual labour time, if higher) is payable for every unit stripped and assessed, whether or not the Customer approves the repair. If the Customer declines the quote, the unit is returned stripped and unassembled unless reassembly is paid for.
7.3 Hydraulic Squad is not responsible for pre-existing damage, concealed defects, seized or corroded components, or damage caused by stripping units that are worn, damaged or were previously repaired by others.
7.4 Equipment is left with Hydraulic Squad at the Customer's own risk. Hydraulic Squad is not liable for loss or damage to Equipment caused by fire, theft, flood, riot or any cause other than its gross negligence. The Customer must insure its own Equipment.
7.5 Hydraulic Squad has a lien and right of retention over all Customer Equipment in its possession, and may keep it until everything owed by the Customer, on any account or job, is paid in full.
7.6 Equipment not collected within 30 (thirty) calendar days after the Customer is notified that it is ready, or that the quote was declined, remains on Hydraulic Squad's premises at the Customer's own risk. No storage fee is charged. If Equipment is not collected within 90 (ninety) calendar days of that notice, Hydraulic Squad may, after a further 14 (fourteen) days' written notice to the Customer's last known address or email, sell or dispose of the Equipment and apply the proceeds to all amounts owed, without further liability to the Customer.
7.7 For site work, the Customer must provide safe and free access, a safe working environment compliant with the Occupational Health and Safety Act 85 of 1993, isolation and lock-out of machinery, and any required site inductions. Waiting time, standing time and aborted call-outs caused by the Customer are charged at our normal rates.
7.8 Advice given by Hydraulic Squad on selection, design or application is given in good faith. The Customer remains responsible for confirming that Goods are suitable for its intended application, pressures and operating conditions.
7.9 Replaced parts become Hydraulic Squad's property and may be scrapped, unless the Customer asks in writing for their return before work begins.
8. Warranty
8.1 Hydraulic Squad warrants its workmanship on repairs and Services for 3 (three) months from the date of invoice, and new parts fitted by it for the same period, subject to this clause.
8.2 New Goods sold carry only the original manufacturer's warranty, which Hydraulic Squad will pass on to the Customer. Hydraulic Squad gives no further warranty on them.
8.3 The warranty is void, and does not cover failures caused, in whole or in part, by any of the following:
- contaminated, incorrect or degraded hydraulic oil, or inadequate filtration;
- operating above rated pressure, flow, speed, load or temperature, or shock loading;
- misuse, abuse, accident, negligence or lack of maintenance;
- fitting, installation, alteration or repair by anyone other than Hydraulic Squad;
- failure of other components in the Customer's system, such as pumps, valves, relief settings or cylinders not repaired by us;
- normal wear and tear, including of seals, hoses and wear parts;
- use of the Equipment after a fault becomes apparent.
8.4 Warranty claims must be made in writing within 7 (seven) days after the defect is discovered, and within the warranty period. The item must be returned to Hydraulic Squad's premises, at the Customer's cost, unaltered and not stripped by others, for inspection. Hydraulic Squad's inspection report is final on the cause of failure, unless an independent expert agreed by both parties decides otherwise.
8.5 Under the warranty, Hydraulic Squad may at its option repair or replace the defective part or workmanship, or credit the price paid. This is the Customer's only remedy. Removal, refitting, transport, downtime, oil and call-out costs are not covered.
8.6 A warranty claim does not entitle the Customer to delay any payment.
8.7 Except as set out in this clause and to the extent permitted by law, all other warranties, express or implied, are excluded.
9. Limitation of liability and indemnity
9.1 HYDRAULIC SQUAD, ITS DIRECTORS, EMPLOYEES AND AGENTS ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGE, INCLUDING LOSS OF PROFIT, LOSS OF PRODUCTION, DOWNTIME, MACHINE STANDING TIME, HIRE OF REPLACEMENT EQUIPMENT, PENALTIES UNDER THE CUSTOMER'S OWN CONTRACTS, OR DAMAGE TO OTHER PROPERTY, HOWEVER CAUSED, INCLUDING BY NEGLIGENCE.
9.2 HYDRAULIC SQUAD'S TOTAL LIABILITY ARISING FROM ANY ORDER, JOB OR SERVICE, WHETHER IN CONTRACT, DELICT OR OTHERWISE, IS LIMITED TO THE PRICE ACTUALLY PAID BY THE CUSTOMER FOR THE GOODS OR SERVICES THAT GAVE RISE TO THE CLAIM.
9.3 The Customer indemnifies Hydraulic Squad and holds it harmless against all claims by third parties, including the Customer's employees and clients, for loss, damage, injury or death arising from the Customer's use, operation or maintenance of Goods or Equipment, the condition of the Customer's site, or the Customer's breach of this Agreement.
9.4 Nothing in this clause excludes liability for gross negligence or wilful misconduct by Hydraulic Squad, or any liability that cannot lawfully be excluded.
10. Credit accounts, suretyship and security
10.1 Credit is granted only on a completed and signed credit application, at Hydraulic Squad's sole discretion. We may set, reduce or withdraw a credit limit at any time without giving reasons.
10.2 The Customer warrants that all information in its credit application is true and complete. It must notify Hydraulic Squad in writing within 7 (seven) days of any change in ownership, directors, members, trading name, address or banking details. Until such notice is received, the Customer and its sureties remain liable for all orders placed in its name.
10.3 The Customer consents to Hydraulic Squad obtaining and sharing credit information about the Customer and its directors, members and sureties with registered credit bureaux, including reporting defaults, as permitted by law.
10.4 SURETYSHIP: By signing the suretyship section of this document, the Signatory binds himself or herself personally, in his or her private capacity, as surety and co-principal debtor, jointly and severally with the Customer, for the due payment of all amounts the Customer owes or may in future owe to Hydraulic Squad, from any cause. The surety renounces the benefits of excussion, division and cession of actions, and confirms that he or she understands their meaning. This suretyship continues until all amounts are paid, even if the Signatory stops being a director, member or employee of the Customer.
10.5 The Customer must provide further security, such as a bank guarantee or additional sureties, if Hydraulic Squad reasonably asks for it.
11. Breach and termination
11.1 The Customer is in breach if it: fails to pay any amount on the due date; breaches any term and fails to remedy it within 7 (seven) days of written notice; commits an act of insolvency; is placed in liquidation, business rescue or under judicial management; compromises with its creditors; has judgment taken against it that remains unpaid for 7 (seven) days; or changes control without notice under clause 10.2.
11.2 If the Customer is in breach, Hydraulic Squad may, without prejudice to its other rights: (a) claim immediate payment of all amounts owed on all accounts, whether due or not; (b) suspend or cancel any order, job or credit facility; (c) exercise its rights under clauses 6.6 and 7.5; and (d) claim damages.
11.3 Hydraulic Squad's rights under this clause do not depend on it first cancelling the Agreement.
12. Force majeure
12.1 Hydraulic Squad is not liable for any delay or failure to perform caused by events beyond its reasonable control. These include load-shedding and power failures, supplier or manufacturer delays, port, customs or shipping delays, strikes, unrest, pandemics, fire, flood, theft, and acts of government.
12.2 Our obligations are suspended for as long as the event continues. If it continues for more than 60 (sixty) calendar days, either party may cancel the affected order by written notice. The Customer remains liable for Goods delivered and work done up to that date.
13. Confidentiality, intellectual property and personal information
13.1 Drawings, designs, specifications, circuit diagrams and quotations prepared by Hydraulic Squad remain its property. The Customer may not copy them or give them to third parties to obtain competing quotes without our written consent.
13.2 Each party must keep the other's pricing and business information confidential.
13.3 Hydraulic Squad processes personal information in line with the Protection of Personal Information Act 4 of 2013. It uses it only to supply Goods and Services, manage accounts, assess credit, recover debts and meet legal obligations. The Customer consents to this processing and confirms that it has authority to provide the personal information of its staff and sureties.
14. Disputes, jurisdiction and proof of debt
14.1 This Agreement is governed by the laws of the Republic of South Africa.
14.2 The Customer consents to the jurisdiction of the Magistrate's Court under section 45 of the Magistrates' Courts Act 32 of 1944, even if the amount claimed exceeds that court's jurisdiction. Hydraulic Squad may instead choose to sue in any High Court with jurisdiction.
14.3 A certificate signed by any director or manager of Hydraulic Squad, whose authority need not be proved, stating the amount owed by the Customer, is sufficient proof (prima facie proof) of that amount for purposes of provisional sentence, summary judgment or any other proceedings.
14.4 Before going to court on a dispute other than non-payment, the parties will try in good faith to settle it through their senior representatives within 10 (ten) days. This does not stop Hydraulic Squad from taking legal action to recover overdue amounts or seeking urgent relief.
14.5 Domicilium: each party chooses the physical address and email address on its credit application or order (or, for Hydraulic Squad, on page 1 of these terms) for serving legal notices and court process. A party may change its domicilium by written notice. A notice sent by email is regarded as received on the next business day.
15. General
15.1 Whole agreement: this Agreement is the entire agreement between the parties. No representation, promise or warranty not recorded in it binds Hydraulic Squad.
15.2 No variation: no change to, or cancellation of, this Agreement is valid unless in writing and signed by a director of Hydraulic Squad. Hydraulic Squad may update these terms by publishing them or giving written notice. Updated terms apply to orders placed after the date of notice.
15.3 No waiver: any leniency, extension of time or indulgence by Hydraulic Squad does not waive its rights.
15.4 Severability: if any clause is found invalid or unenforceable, it is severed and the rest of the Agreement remains in force.
15.5 Cession: the Customer may not cede or assign its rights or obligations without Hydraulic Squad's written consent. Hydraulic Squad may cede its rights, including its claims against the Customer, to any third party, including a financier or debt collector.
15.6 Costs: the Customer pays the costs of preparing and registering any security documents.
16. Consumer Protection Act
16.1 If the Customer is a "consumer" protected by the Consumer Protection Act 68 of 2008 (the CPA), these terms apply only to the extent that the CPA allows. Nothing in them limits or overrides any right the Customer has under the CPA. Businesses whose asset value or annual turnover is at or above the threshold set by the Minister are generally not protected by the CPA.
16.2 For such consumers: the implied warranty of quality in section 56 of the CPA and the 3-month warranty on repair parts and labour in section 57 apply; any cancellation charge under clause 5 is limited to a reasonable charge as provided in section 17; and any statutory cooling-off right (including under section 16 of the CPA or section 44 of the Electronic Communications and Transactions Act) is not affected.
Acceptance
Account customers sign these terms, including the personal suretyship in clause 10.4, together with Hydraulic Squad's credit application. For all other customers the terms are accepted as set out in clause 2.3. A printable copy is available on request from sales@hydraulicsquad.co.za or 087 822 1376.
