Galvatech (Pty) Ltd. – Terms & Conditions of Sale

1. General

1.1 All services rendered and/or goods supplied by Galvatech (Pty) Ltd (“Galvatech”) to any person (“Customer”) are subject to these Terms & Conditions of Sale (“T&Cs”). In the event that Gavlatech and the Customer enters into additional terms and conditions, such terms and conditions shall be subject to and subservient to the T&Ss and in the event of a conflict or discrepancy between such terms and conditions and the T&Cs, the T&Cs shall prevail.

1.2 By either a) delivering material to Galvatech for processing, and/or b) accepting any Galvatech quote, and/or c) engaging Galvatech to perform any services and/or supply any product the Customer acknowledges and accepts that the relationship between it and Galvatech shall be governed by these T&Cs. The Agreement shall be deemed to have been concluded as at the earliest of a), b) or c) occurring and shall be concluded by Galvatech’s acceptance thereof, at the registered address of Galvatech.

2. Quotations & Pricing

Unless otherwise agreed in writing and signed by Galvatech:

2.1 All articles are weighed after processing (galvanising, powder coating, shot blasting, etc.) and charged per kilogram or dimension) (at Galvatech’s sole and absolute discretion). If the Customer is unclear whether an article will be charged on weight or dimension, the onus is on the Customer to enquire from Galvatech.

2.2 Prices exclude VAT unless otherwise stated.

2.3 Galvatech reserves the right to charge for additional work (e.g., drilling, venting, blasting, chemical stripping, grinding, cleaning, or other pre-treatment) where required. Such additional charges shall be communicated to the Customer prior to commencement thereof and, unless expressly rejected by the Customer within 24 hours of such communication, shall be deemed authorised at the quoted price.

2.4 Unless otherwise quoted by Galvatech in writing, prices as per Galvatech’s published price list at the time of processing shall apply. Minimum charges may (at Galvatech’s sole and absolute discretion) apply to small articles. If the Customer is unclear whether an item is regarded as a “small article” the onus is on the Customer to enquire from Galvatech.

3. Delivery & Risk

3.1 While Galvatech takes reasonable care of the goods in its care (in conformance with the relevant industry standards), the goods remain at the Customer’s sole risk at all times. This specifically includes (without limitation) risks associated with force majeure, the criminal conduct of third parties unassociated with Galvatech and Acts of God. .

3.2 Galvatech’s risk in damage, loss and/or deterioration of the goods is limited to such loss, damage and/or deterioration directly caused by the intentional and/or negligent acts or omissions of Galvatech and/or its employees, agents and assigns and shall be limited in quantum to 50% (fifty percent) of the fees paid for Galvatech’s services in respect of the goods affected.

3.3 In the case of high volumes, bulk deliveries may be accepted uncounted. In the event of discrepancies between the Customer’s count and that received by Galvatech, Galvatech’s count shall be regarded as correct.

3.4 All collections and deliveries shall be for the account of the Customer and at its sole risk, regardless of whether such transport is arranged by Galvatech or the Customer. Where Galvatech is required to arrange transport on behalf of the Customer, it shall do so on a cost plus 15% (fifteen percent) basis, payable on demand.

3.5 The Customer acknowledges that the general work done by Galvatech on its behalf carries the customary risks associated with such work and, while Galvatech will exercise due care and caution, the risk of damage, deterioration and/or destruction of the goods cannot be discounted and is freely assumed by the Customer. When in doubt as to what risks can be customarily relevant, engage with Galvatech for clarity.

3.6 Specific work carried out by Galvatech carries specific risks. Some of the more common risks are set out herein, but to have a full understanding of the risks associated with the works commissioned by the Customer, the Customer must engage with Galvatech to understand these risks and such risks (however remote the possibility of these occuring) remain vested in the Customer.

3.7 On collection/delivery of goods, the Customer acknowledges the following:

3.7.1 All risks in the goods and any work performed by Galvatech shall pass to the Customer as soon as the first of the following occurs – Taking possession of the goods by the Customer, signing of any delivery/collection documentation, removal of the goods from any Galvatech premises and/or delivery of the goods by Galvatech to the Customer;

3.7.2 Save for proven latent defects solely due to the conduct or omissions of Galtech (in which case the provisions of clauses 5-8 shall apply), all other deterioration, damage, unsuitability and/or risk shall rest with the Customer.

4. Processing Risks & Indemnity

4.1 The Customer acknowledges that the processing of the goods in accordance with the Customer’s instructions come with risks of damage and deterioration of the goods due to the nature of the processing. The risk for damage and deterioration shall remain with the Customer at all times and it is the responsibility of the Customer to ensure that it is aware of such risks.

4.2 By submitting items for processing, the customer indemnifies Galvatech against liability for damage, failure, or loss arising from inter alia (and without limiting the indemnification in terms of clause 3 above or 4.1):

– Steel plates buckling or warping during processing.
– Cast iron fittings being damaged or failing to take coating.
– Hinges, springs, or other moving parts seizing.
– Internal venting failures causing any damage (including severe damage).
– The appearance of dull or uneven coatings (not grounds for rejection).
– Design-related factors that affect quality or durability of the coating.

5. Venting & Drilling

5.1 The Customer acknowledges that proper venting is critical for the processing of its goods. When in doubt as to what is required, engage with Galvatech for clarity.

5.2 In particular, Galvatech may, without the Customer’s further consent and in order to ensure a proper standard of work perform the following:

5.2.1 Work not vented correctly may be drilled by Galvatech without prior consent to ensure safety, at the customer’s cost.

5.2.2 Additional vent/drain holes may be added where required for galvanising.

6. Pre-Treatment & Additional Services

6.1 Painted, rusted, or previously coated items must be prepared before further coating. When in doubt as to what is required, engage with Galvatech for clarity. Galvatech will carry out the following at standard rates, if required, without further permission from the Customer and at its cost:

– Sandblasting
– Phosphating
– Chemical stripping (for previously galvanised steel)
– Grinding or cleaning prior to duplex coating.

6.2 Where powder coating follows galvanising, Customers must indicate who will clean the items. Charges will apply if Galvatech performs this service.

7. Quality & Certification

7.1 Coatings conform to applicable industry standards (e.g., SANS 121 for galvanising). Certificates may be issued for coating thickness only, where requested.

7.2 Galvatech does not guarantee cosmetic uniformity of colour or gloss, particularly with dull grey galvanising finishes or batch-to-batch colour variation in powder coatings.

7.3 No guarantee is provided where incorrect design, venting, fabrication, or material selection leads to coating defects.

8. Liability

8.1 Galvatech will not under any circumstances be liable for indirect, consequential, or economic loss, including but not limited to production delays, loss of profit, or re-work costs.

8.2 Claims for defective work must be submitted in writing within 7 days of collection/delivery.

8.3 Galvatech’s liability, if accepted, will be limited to reprocessing of the affected goods or a refund of 50% (fifty percent) of the fees charged by Galvatech in respect of the goods in question (at Galvatech’s sole and absolute discretion).

9. Payment

9.1 Payment is due strictly in accordance with Galvatech’s standard payment terms (COD or approved credit facility), free of set-off or deduction, into the account nominated by Galvatech for payment by freely available funds.

9.2 Interest may be charged on overdue accounts the prime lending rate published by First National Bank plus 2% (two percent).

9.3 A certificate issued under the hand of any Galvatech Manager (whose appointment need not be proven) shall be sufficient proof of any indebtedness of a Customer to Galvatech for purposes of Provisional Sentence and/or Summary Judgement and/or Liquidation/Insolvency proceedings.

10. Collection & Storage

10.1 Customers must collect goods within the agreed timeframe, failing which Galvatech will charge storage fees for uncollected items from the scheduled collection day until collection or disposal in terms of clause 10.2 below.

10.2 The Customer acknowledges that Galvatech may, after having notified the Customer in writing at its last known email address on 7 days notice, sell uncollected items to defray costs. The proceeds of such sale shall be allocated first to arrear interest, then arrear accounts, then storage and legal costs and any balance will be refunded to the Customer within 60 days.

11. Governing Law and Costs

11.1 These T&Cs are governed by and construed in accordance with the laws of the Republic of South Africa and the parties agree to the jurisdiction of the courts in the district of the registered office of Galvatech.

11.2 Any costs incurred by Galvatech in the collection of any arrear amounts, enforcement of the T&Cs or any other legal costs (including disbursements, counsel fees, collection fees and commissions) shall be payable to Galvatech by the Customer on an Attorney and Own Client Scale, on demand.