Terms & Conditions

1. Definitions

In this agreement, the following words have the meanings set out below:

• Agreement — These Terms and Conditions read with the terms set out on the Quotation and Invoice
• Deposit — The monies payable to secure the Product prior to commencement
• Fee — The full and final amount invoiced by us
• Products — The laser cut decorative panels and screens produced by Tilt
• Quotation — An examination of the project site and a cost estimation of the total Project value
• VAT — Value Added Tax as defined by the Value Added Tax Act 89 of 1991
• JBCC — Joint Building Contracts Committee NPC

2. Quotation

• Once a request for a Quotation is received, Tilt will conduct a site assessment and produce a written Quotation within 14 Days.
• All Quotations are valid for 14 Days only and are subject to confirmation of on-site measurements.
• A 70% Deposit is due prior to commencement of any design or fabrication.
• Any project under the value of R30,000 excl. VAT requires full payment prior to commencement.
• Supply-only orders require a 70% deposit upfront; the remaining 30% must be paid prior to shipping or dispatch.
• Pricing is subject to change based on fluctuations of the Rand to Dollar exchange rate.
• Tilt will not engage in any JBCC appointment under the value of R750,000 excl. VAT.

• On any JBCC appointment, Tilt may require a Guarantee for Advance Payment and a Retention Guarantee in the forms prescribed by the JBCC, to be furnished by the Client or Principal Agent as a condition of commencement.

3. Prices and Payment

• A 20% progress payment shall become due and payable prior to installation. Tilt reserves the right to withhold installation until this payment has been received in full.
• The balance (10%) will be invoiced once installation is complete and is payable within 7 Days.
• Interest on overdue payments: 5% over and above FNB prime lending rate from the date the payment becomes due.
• In the event of default, the full balance of any other amounts owed to Tilt shall immediately become due and payable.
• All payments must be made by electronic funds transfer (EFT) or telegraphic transfer (SWIFT).
• If the client does not object in writing to an invoice item within 7 Days of delivery, the invoice will be deemed correct.

• Should any amount remain unpaid after the due date, Tilt shall be entitled to take possession of and remove the Products, and the Client consents to such repossession. The value of repossessed Products shall be determined by a sworn valuator appointed by Tilt, and a handling and restocking charge of 10% of the Fee shall be payable by the Client.

• A certificate signed by any director of Tilt shall constitute prima facie proof of the amount owing by the Client and of any other fact stated therein, sufficient for the purposes of obtaining judgment or any provisional order against the Client.

• Any payment received from the Client shall be appropriated first towards interest accrued, then towards collection charges and costs, and only thereafter towards the capital amount outstanding, irrespective of any allocation indicated by the Client.

• Payments made by credit or debit card are subject to a 3% surcharge to cover transaction processing costs. EFT or telegraphic transfer remains the preferred and surcharge-free payment method.

4. Changes to Assignment

• Should the Client wish to change project specifications, Tilt will use best endeavours to accommodate this. Tilt reserves the right to charge an additional administration and design fee plus any price difference.
• If the Client cancels the project, in full or partially, a 50% handling/cancellation fee will be levied from the deposit amount paid.

5. Installation

• A mutually convenient date and time will be scheduled for installation.
• The Client is responsible for arranging readiness of the installation site. If the site is unfit on the arranged date, Tilt reserves the right to reschedule and charge a full installation day rate of R4,500 ex VAT.
• Tilt recommends scheduling installation towards the end of the building project to avoid damage to the Product.
• If Products are damaged by other contractors on site, Tilt will provide a separate Quotation for repairs.

6. Force Majeure

Force Majeure events include theft, war, armed conflict, riots, civil unrest, terrorism, acts of God, earthquake, flood, storms, nuclear or chemical contamination, epidemic, pandemic, acts of any authority, fire, industrial unrest, loadshedding and failure of any power or utility supplies.

If Tilt is rendered unable to perform any obligation as a result of a Force Majeure event, such obligation shall be suspended for the duration of the event. Tilt shall notify the Client in writing as soon as reasonably possible. Force Majeure does not operate to suspend the obligation to make payment.

7. Product Use and Maintenance

• All Tilt products are deemed non-trafficable and non-load bearing unless otherwise expressly confirmed in writing.
• Tilt products are not designed or supplied as waterproof systems. No warranty is provided for water ingress.
• Clean screens with a damp cloth and soapy water only. Do not use chemicals, acid or alkaline solutions.
• For sliding screens, keep bottom tracks free of stones, leaves and debris.
• Sliding screens are not security gates and should not be slammed.

8. Waiver, Indemnity and Liability

THE CLIENT’S INSTRUCTION TO COMMENCE A PROJECT IS UNDERTAKEN AT ITS OWN RISK. THE CLIENT INDEMNIFIES TILT AND ITS DIRECTORS, EMPLOYEES, ASSIGNEES AND/OR AGENTS AGAINST ANY CLAIM ARISING FROM OR IN CONNECTION WITH THE PROJECT OR PRODUCT.

THE MAXIMUM LIABILITY OF TILT, IF ANY, WILL BE LIMITED IN ALL EVENTS TO THE AMOUNT INITIALLY PROVIDED TO THE CLIENT ON THE FIRST QUOTATION.

9. Cancellation and Refund Policy

• Cancellation of a project must be done in writing. You must obtain written acknowledgement of receipt.
• In the event of cancellation, a 50% handling/cancellation fee will be levied from the deposit amount paid.
• No refunds will be given for projects cancelled on terms other than those listed.

10. Complaints and Dispute Resolution

• Complaints should be telephonically reported at the time of the incident and followed up in writing to info@tiltscreens.co.za, marked for the attention of the Director, no later than 30 Days after the incident.
• Tilt will acknowledge complaints and endeavour to investigate them within a 30-Day period, after which written feedback will be provided.
• Arbitration: arbitration.co.za

11. Warranty

• Tilt warrants that Products will be free from defects in material and workmanship for 1 year from the date of installation, subject to the exclusions below.
• The Client must retain original proof of purchase to establish any warranty claim.
• Movable products (sliding screens, hinged screens) will be serviced within the 1-year warranty period. After this, a call-out fee will apply.
• Warranty claims must be submitted in writing, briefly describing the defect.

Warranty Exclusions

The warranty will not apply where:

• Damage occurs as a result of installation by a third party or the Client itself contrary to Tilt’s written instructions
• Damage occurs as a result of testing, adjustments, or modification contrary to Tilt’s instructions
• Damage was caused by other contractors or third parties on site
• Products have been used as security barriers
• Damage results from improper cleaning (chemicals, acids, alkaline solutions)

• Defects are caused by neglect, accident, misuse, or use in a manner not normal or customary

• Discolouration, peeling, scratches, cracks or similar defects are caused by external environmental factors, including fire, water, acid, alkaline solutions or bird droppings

• Attempted repairs are made by individuals not qualified to conduct such repairs

• Products are powder-coated panels installed within a 60km radius of the coast

• Tilt products are exposed to extreme heat, such as in braai rooms, fireplaces and firepits

Remedies: Tilt will determine, in its sole discretion, whether products are eligible for repair or replacement. No full or partial refunds are issued under this warranty.

12. Insurance

The Client agrees that it holds a comprehensive insurance policy at commencement of the Project and that such policy remains active for the duration of the Project. Without such insurance, the Client is responsible for all costs arising from any damage, loss, harm or injury to the Client, its employees, its property or any third party for the full duration of the Project.

13. Addresses for Notices and Legal Process

Tilt: c/o Robyn Hey Attorneys, 19 Andrag Road, Vierlanden, Durbanville, Cape Town. Client: the address provided on the Quotation. Either party may change this address by providing at least 7 Days' notice in writing.

14. Confidentiality and Communication

Tilt undertakes to take all reasonable steps to protect your personal information. The Client authorises Tilt to electronically record and store: full names and surnames of directors, contact telephone numbers, email addresses, identity numbers of directors, and all other personal information contained in the Quotation or email correspondence relating to the Project.

15. General

• No amendment, addition or cancellation of this Agreement is binding unless recorded in writing.

• If any provision is found invalid by a court, it will be severed without affecting the remainder.

• This Agreement is governed by the laws of the Republic of South Africa.

• In the event of legal proceedings to enforce payment, the Client agrees to pay all costs on the Attorney and Own Client scale.

• The Client is prohibited from ceding or assigning any rights or obligations under this Agreement.

• Updated versions of this Agreement may be uploaded to the Tilt website from time to time. By transacting with Tilt or using its website, you are deemed to have read, understood and agreed to each provision as set out in this Agreement and any updated version thereof.

16. Website Terms

These terms apply to your use of www.tiltscreens.co.za. By using our website you acknowledge that you have read and understood these Terms and agree to be bound by them.

• You may browse or use our website for non-commercial information purposes only. No other use is permitted without prior written consent.

• Unauthorised use of website content, uploading unlawful material, or creating links without permission is strictly prohibited.

• All intellectual property rights in logos, text, images, video, audio or other material on this website are owned by or licensed to us.

• External hyperlinks do not constitute endorsement of any third party.

• Use of our website is entirely at your own risk. We accept no liability for any direct, indirect, incidental, special or consequential loss or damage arising from the access or use of our website.

These terms and conditions apply to all projects undertaken by Tilt Design Collective SA (Pty) Ltd t/a Tilt Screens. By accepting a Quotation, you agree to these terms.