Terms and Conditions - Green Leaf Importers

(Installation, goods, repair, and services)

General Terms and Conditions

Unless otherwise agreed in writing, the installation, repair, and service shall be subject to the following terms and conditions:

The Customer hereby acknowledges that he/she/it has read and understood the terms of this agreement and accepts that these are binding and will overrule any other terms and conditions alleged by the Customer, unless specifically otherwise agreed between the parties in writing. The recommended components and/or system(s) are solely based on the information provided by the customer on the date of issue and as set out in the Client Profile Notes.
These conditions form part of any services and/or products provided including any quotations submitted by Green Leaf Importers (Pty) Ltd to the Customer. Green Leaf Importers (Pty) Ltd will carry out the services described in this quotation for the contract sum, which may be varied under these conditions. All quotes will remain valid for seven (7) calendar days from the date of the quotation or until the date of issue of a new price list, whichever occurs first. The Customer will be provided with an amended quotation in the event of a new pricelist being issued.
The order is subject to acceptance by Green Leaf Importers (Pty) Ltd at its registered business address. Upon acceptance of this quotation, a binding contract shall be created between Green Leaf Importers (Pty) Ltd and the Customer, solely on these terms contained herein, including the terms contained in the quotation. This section with express emphasis on the final quotation is subject to Green Leaf Importers (Pty) Ltd’s needs analysis of the Customer following a site visit conducted by Green Leaf Importers (Pty) Ltd, if applicable. Any goods and/or services that are deemed necessary for the execution of this quote which are not specified in the quote provided for by Green Leaf Importers (Pty) Ltd based on the information provided by the Customer, alternatively due to no negligence and/or fault on behalf of any party, will place the Customer at risk and any expense to be incurred will be for the account of the Customer, subject to the Customer’s approval. Unless expressly agreed to between the parties in writing, Green Leaf Importers (Pty) Ltd will not accept any responsibility in respect thereof if the Customer deems such services and/or goods unnecessary.
The Customer has represented financial ability and capacity to pay for the services to be rendered. It expressly follows that the signatory warrants that he/she has been duly authorized to contract on the Customer’s behalf. Green Leaf Importers (Pty) Ltd adheres to the POPI Act and all customer information, site visits, and/or photos that are taken will be treated as confidential between Green Leaf Importers (Pty) Ltd and the Customer. For the protection of both Green Leaf Importers (Pty) Ltd as well as the Customer, upon handover of a solar system installation, a photo of the installation and DB board will be taken.
By acceptance of the quote and/or agreed-upon services, the Customer hereby binds himself/herself/itself in his/her personal capacity or alternatively representative capacity as co-debtor jointly and severally for the full amount due to Green Leaf Importers (Pty) Ltd and agrees that these standard conditions will apply mutatis mutandis to him/her/it.
The Customer agrees that this contract represents the entire agreement between the Customer and Green Leaf Importers (Pty) Ltd and that no alterations or additions to this contract may be effected unless agreed to by both parties, reduced to writing and signed by the Customer, and a duly authorized representative of Green Leaf Importers (Pty) Ltd.
The Customer agrees that this agreement will govern all future contractual relationships between the parties.
The Customer agrees that this contract applies to all existing debts between the parties.
This contract is final and binding and is not subject to any suspensive or dissolutive conditions.
Any conflicting conditions stipulated by the Customer are expressly excluded.
The Customer agrees that these terms supersede all previous conditions without prejudice to any securities or guarantees held by Green Leaf Importers (Pty) Ltd and these terms apply to all servants, agents, and sub-contractors of Green Leaf Importers (Pty) Ltd.
The recommended components and/or system(s) are based on the assumption that all electrical components on the premises are in good order. Green Leaf Importers (Pty) Ltd also works on the assumption that the electricity bill/amount given to us is accurate without any tampering or faulty meters. Any work and/or components and/or system(s) that are deemed necessary for the execution of the installation, and which is not specified on the Order Form, will be at the risk and expense of the Customer. Unless expressly agreed to in writing by both parties, Green Leaf Importers (Pty) Ltd will not accept any responsibility in respect thereof.
The Customer agrees that neither Green Leaf Importers (Pty) Ltd nor any of its employees will be liable for any negligent misrepresentations made to the Customer.
It is the sole responsibility of the Customer to determine if the goods and services ordered are suitable for the intended use.
All goods and services are subject to payment of an 80% deposit before the delivery and/or execution of goods and/or services unless otherwise agreed upon in writing. The deposit will be credited on the subsequent invoice presented to the Customer for goods and/or services delivered by Green Leaf Importers (Pty) Ltd. Two days after installation of a solar system, all outstanding fees should be paid in full to Green Leaf Importers (Pty) Ltd, thereafter Green Leaf Importers (Pty) Ltd can void any additional warranties they offer after the manufacturing warranty expire. Software upgrades and System firmware updates occur once every 12 months, Green Leaf Importers (Pty) Ltd will provide upgrade documentation and instructions when it becomes available. If the Customer feels that it should be done on-site by one of our technicians a call-out fee for the upgrade only will be charged at R 950.00.
The Customer agrees to pay all costs resulting from any acts or omissions of the Customer including suspension of work, modification of requirements, failure or delay in giving particular requisite to enable work to proceed on schedule or requirements that work be completed earlier than agreed.
All quotations are subject to the availability of the goods and services. The prices quoted are subject to any increases in the cost price, including currency fluctuations, before the dispatch of goods and commencement of services. In the event of the Customer requiring Green Leaf Importers (Pty) Ltd to provide any additional goods or services not specified in the quotation, such additional items and/or services may only be supplied once authorized by the Customer in writing. The Customer must provide Green Leaf Importers (Pty) Ltd with his/her latest Electricity Statement upon installation of the components and/or system(s), alternatively, any electricity consumption document indicating that the relevant property makes use of pre-paid electricity.
The amount of the increase shall be certified by any independent auditor and such certificate shall be final and binding on the Customer.
The Customer hereby confirms that the goods and services on the quotation and any tax invoices issued after the quotation, duly represent the goods and services ordered by the Customer at the prices agreed to by the Customer and where delivery/performance has already taken place, that the goods and services were inspected and that the Customer is satisfied that these conform in all respects to the quality and quantity ordered, free from any defects and that the services were provided satisfactorily and without any complication to the Customer’s expectation.
All orders or variations to orders, whether oral or in writing, will be binding and subject to these standard conditions of the agreement and may be canceled subject to the terms of the cancellation policy after acceptance of the quotation before services commence and/or goods are provided.
Green Leaf Importers (Pty) Ltd shall be entitled in its sole discretion to split the delivery/performance of the goods and services ordered in the quantities and on the dates it decides.
Green Leaf Importers (Pty) Ltd shall be entitled to invoice each delivery/performance made separately.
Any delivery note (copy or original) signed by the Customer or a third party engaged to transport the goods and held by Green Leaf Importers (Pty) Ltd, shall be conclusive proof that delivery was made to the Customer. The risk of damage to destruction or theft of goods passes to the Customer after the agreement of sale and the Customer undertakes to comprehensively insure the goods until paid for.
Delivery, installation, and performance times given are merely estimates and are not binding on Green Leaf Importers (Pty) Ltd.
Green Leaf Importers (Pty) Ltd agrees to engage a third party to transport the goods, if required by the Customer to do so, and is hereby authorized to engage a third party on the Customer’s behalf and the terms deemed fit by Green Leaf Importers (Pty) Ltd. The Customer indemnifies Green Leaf Importers (Pty) Ltd against any claims that may arise from the aforesaid agreement.
Repair times and repair costs given are merely estimates and not binding on Green Leaf Importers (Pty) Ltd.
Any item handed in for repair may be sold by Green Leaf Importers (Pty) Ltd to defray the cost of such repairs if the item remains uncollected within thirty (30) days of the repairs being completed.
New goods are guaranteed according to the manufacturer’s product-specific warranties only and all other guarantees including common law guarantees are hereby specifically excluded. Green Leaf Importers (Pty) Ltd will not be held liable for any warranty, including the manufacturer’s warranty if the product, alternatively service provided is tampered with by any unauthorized party, without the permission of Green Leaf Importers (Pty) Ltd and/or suffers any damage due to external factors which include but is not limited to fire, lighting, extreme power surges, water leaks and/or floods. Liability is restricted to the costs of repair or replacement of faulty goods and services or granting of a credit note at the sole discretion of Green Leaf Importers (Pty) Ltd.
1. Batteries
  1. Battery depletion rations are not linked to battery fault, daily “wear and tear” according to the cycles per day use will affect the battery life expectancy.
  2. The battery will provide less output year on year and will not necessarily get the same outage (time durations) in years two, three, four, and five as in year one.
  3. Batteries will use more cycles during winter months where less “solar time” is available depending on inverter settings.
  4. Depending on “load shedding” – times throughout the day will have an impact on the number of hours at night.
  5. Portable heaters will cycle the batteries quicker and will have a direct impact on the number of hours you get out of the batteries/bank.
  6. Years three to five will have less storage capacity and could lead to less available battery times and/or less time throughout the night on the same load as year one.
  7. Warranties are not linked to performance and only to manufacturer’s defects.
  8. The warranty does not cover or include any physical damage or abuse.
  9. Warranty claim items such as loose battery terminals, dead cells, and or swollen batteries indicate a manufacturer’s fault.
  10. The above points are not linked to faulty batteries and/or warranty claims.
Services carry a 24-month workmanship guarantee. After a solar system installation, any other electrical work done in the future doesn’t have to be done through Green Leaf Importers (Pty) Ltd but for warranty purposes, Green Leaf Importers (Pty) Ltd must be notified before the work commence to establish if it doesn’t add unexpected load to the system and/or if the system can handle the new appliance/feature i.e. air-conditioning, underfloor heating, and pool pumps, etc.
The customer has six free call-outs. All warranty callouts are covered in full by Green Leaf Importers (Pty) Ltd. If Green Leaf Importers (Pty) Ltd dispatches a technician in terms of a warranty callout on the Customer’s insistence, and it is found that the cause of the complaint or query with respect to the services rendered and/or goods provided is not as a result of faulty workmanship, and/or defective goods, the Customer agrees that the below callout rates including costs in respect of consumables to be determined shall apply as follows, if the six free call-outs were exhausted:
1. Callouts (Office hours, Monday to Friday 08:00 till 17:00) will be charged at R750.00 per callout for the first hour and then R450.00 per hour thereafter;
2. Callouts (After hours, weekends, and public holidays) will be charged at R975.00 per callout for the first hour and then R675.00 per hour thereafter;
3. Callouts in respect to the procurement of services not related to warranties shall be charged at the same rate as set out hereinabove;
4. Callouts to which Green Leaf Importers (Pty) Ltd is required to attend outside the geographical area of the City of Tshwane Municipality will carry an additional charge of R 300.00 per 50km travel. The calculation of the kilometers will be based on a round trip from the registered business address of Green Leaf Importers (Pty) Ltd to and from the designated worksite;
5. Time spent in terms of the aforesaid is calculated as follows: The first hour commences when the Green Leaf Importers (Pty) Ltd technician arrives at the designated premises. Additional time spent exceeding the first hour will be charged for in rounded-off components of 60 minutes and determined at the time the Green Leaf Importers (Pty) Ltd technician leaves the designated premises.
No claim under this contract will arise unless the Customer has, within three (3) days of services rendered, given Green Leaf Importers (Pty) Ltd written notice by electronic mail addressed to admin@greenleafsolar.co.za, calling upon Green Leaf Importers (Pty) Ltd to assist and rectify any defect and/or breach of the contract within ten (10) days of receipt of the notice. The Customer shall return any defective goods to the premises of Green Leaf Importers (Pty) Ltd at the Customer’s own cost, within seven (7) days after the period of the notice referred to herein has lapsed and the Customer has elected to return the goods to Green Leaf Importers (Pty) Ltd. The goods must be returned undamaged, free of any wear and tear, and in their original packaging.
To be valid, guarantee claims must be supported by the tax invoice.
Read with the Returns, Refunds & Exchange Policy, all guarantees are immediately null, and void should any equipment be tampered with or should the seals on equipment be broken by anyone other than Green Leaf Importers (Pty) Ltd, or should the goods be operated outside the manufacturer’s specifications. Green Leaf Importers (Pty) Ltd will not guarantee any savings concerning electricity expenditure if the components and/or system(s) are not used per the specifications and/or the relevant property’s electricity system is not in good working order. Green Leaf Importers (Pty) Ltd will only guarantee a saving if the full power solution is installed and applied and/or the average electricity usage of the relevant property does not substantially increase.
Any item delivered to Green Leaf Importers (Pty) Ltd will serve as a pledge in favor of Green Leaf Importers (Pty) Ltd for present and past debts and Green Leaf Importers (Pty) Ltd will be entitled to retain or realize such pledges as it deems expedient at the value as determined in paragraph 49 hereinbelow. The sworn or realized value of pledged goods will be offset against the Customer’s debts and any remaining balance will be paid to the Customer.
Under no circumstance will Green Leaf Importers (Pty) Ltd be liable for any consequential damages or any delictual liability of any nature whatsoever.
Under no circumstances will Green Leaf Importers (Pty) Ltd be liable for any damage arising from any misuse or abuse of the goods, this includes damages caused as a result of the Customer’s ignorance in respect of the applicability and use of the goods.
If any recommendations made by Green Leaf Importers (Pty) Ltd, has been overwritten by the Customer, additional costs may be charged to the Customer afterward, if the subject of the services rendered needs to be redone to adhere to statutory compliance and to ensure reasonable suitability concerning the goods and services for which they are generally intended. Any damages suffered by the Customer as a result of any contrary instruction to the recommendations made by Green Leaf Importers (Pty) Ltd, cannot be claimed from Green Leaf Importers (Pty) Ltd.
The Customer shall pay the amount on the tax invoice immediately on completion of work by:
1. cash on order;
2. electronic funds transfer (EFT);
3. if the Customer is a credit-approved Customer, within seven days after a tax invoice is issued.
The Customer has no right to withhold payment or set off any amount due against an alleged debt for any reason whatsoever and agrees that no extension of payment of any nature will be extended to the Customer and any such extension will not be applicable or enforceable unless agreed to by Green Leaf Importers (Pty) Ltd, reduced to writing and signed by the Customer and a duly authorized representative of Green Leaf Importers (Pty) Ltd.
All discounts will be forfeited if payment in full is not made on the due date.
The Customer agrees that the amount due and payable to Green Leaf Importers (Pty) Ltd may be determined and proven by a certificate issued and signed by any Director of Green Leaf Importers (Pty) Ltd or Financial Officer employed by Green Leaf Importers (Pty) Ltd. Such certificate will be binding and shall be prima facie proof of the indebtedness of the Customer.
Any printout of computer evidence tendered by any party shall be admissible evidence and no party shall object to the admissibility of such evidence purely because such evidence is computer evidence. The same principle of admissibility shall apply to photographs taken by Green Leaf Importers (Pty) Ltd, including video of completed works which shall form part of the official portfolio of services rendered under this agreement. Electronic copies will be made available to the Customer within five (5) days upon the Customer’s request and the Customer authorizes the use thereof for this agreement, including litigation between the parties.
The Customer agrees that mora interest shall be payable on any monies that are overdue to Green Leaf Importers (Pty) Ltd.
This agreement does not constitute a credit agreement as defined in the National Credit Act, Act 34 of 2005.
The Customer further agrees that if an account is not settled in full within the periods agreed to herein, Green Leaf Importers (Pty) Ltd is:
1. entitled to immediately institute action against the Customer at the sole expense of the Customer; or
2. to cancel the agreement and take possession of any goods delivered to the Customer and claim damages.
These remedies are without prejudice to any other right Green Leaf Importers (Pty) Ltd may be entitled to in terms of this agreement or in law.
A credit-approved Customer will forthwith lose the credit approval when payment is not made according to the conditions outlined herein.
In the event of cancelation of this agreement for whatever reason, the Customer shall be liable to pay the difference between the selling price and the value of the goods at the time of repossession of the goods.
The value of the repossessed goods or retained pledged goods will be deemed to be the value placed on them by any sworn valuator after such repossession and such valuation will be conclusive proof of the value. The costs associated with the appointment of a valuator will be claimed from the Customer in the event of a breach of this agreement.
The Customer irrevocably authorizes Green Leaf Importers (Pty) Ltd to enter its premises to repossess any goods delivered and indemnifies Green Leaf Importers (Pty) Ltd completely against any damage whatsoever relating to the removal of repossessed goods and against accidental damage.
All goods supplied by Green Leaf Importers (Pty) Ltd remain the property of Green Leaf Importers (Pty) Ltd until such goods have been fully paid for, whether such goods are attached to other property or not.
The Customer is not entitled to sell or dispose of any goods unpaid for without prior written consent of Green Leaf Importers (Pty) Ltd.
The Customer’s premises shall be adequately insured for all electrical risks. The Customer warrants that the premises at which the services and goods in terms hereof must be rendered, will at all material times be subject to an up-to-date COC which is valid and lawful, before the commencement of services by Green Leaf Importers (Pty) Ltd. It is the sole responsibility of the Customer to ensure that Green Leaf Importers (Pty) Ltd technicians have free and easy access to the premises on which the services must be rendered. Green Leaf Importers (Pty) Ltd reserves its right to cancel this agreement if the customer neglects and/or fails and/or refuses free and easy access to the premises, alternatively to charge an additional callout fee if Green Leaf Importers (Pty) Ltd must render the services on another date in the circumstances were the aforesaid applies. The Customer undertakes to ensure a free supply of electricity to Green Leaf Importers (Pty) Ltd to enable service delivery for the execution of this agreement, if applicable. Add-on COC’s for the solar system only will be provided by Green Leaf Importers (Pty) Ltd if required.
All endeavors will be made to undertake installation work to a clean standard, using dustsheets and vacuum cleaning equipment, as necessary. However, dust is inevitable. Where agreed to beforehand and at an extra charge, we can provide a cleaning service.
The following additional exclusions apply to the quotation:
1. Clearing and/or moving of furniture and other items blocking access to work areas are not included;
2. Except where detailed, building works are not included;
3. Re-decoration and cleaning are excluded from quoted costs, unless specifically detailed and included; and
4. Removal from site and disposal of rubble, fittings, wiring, materials, general waste, and packaging is not included. However, this can be provided at extra cost.
The Customer shall be liable to Green Leaf Importers (Pty) Ltd for all legal expenses on the attorney and client scale, including any expense concerning Green Leaf Importers (Pty) Ltd’s election to appoint counsel, including any incidental costs to enforce this agreement.
The Customer agrees that Green Leaf Importers (Pty) Ltd will not be required to furnish security in terms of Rule 62 of the Rules of Court of the Magistrates Courts or in terms of Rule 47 of the Rules of the Uniform Rules of Court.
The Customer agrees that no indulgence whatsoever by Green Leaf Importers (Pty) Ltd will affect the terms of this agreement or any of the rights of Green Leaf Importers (Pty) Ltd and such indulgence shall not constitute a waiver by Green Leaf Importers (Pty) Ltd in respect of any of its rights herein.
Any document will be deemed duly presented to the Customer within:
The Customer chooses as its domicilium citandi et executandi its business address or the physical address of any Director in the case of a company, Member in the case of close corporations, or in the case of a natural person the residential address as recorded in this agreement. All correspondence can be sent to any of these physical addresses or email addresses provided by the Customer.
Should the address and/or contact details of the Customer as provided by the Customer and recorded herein change, the Customer should inform Green Leaf Importers (Pty) Ltd of the change in writing, failing which, the addresses and/or contact details provided by the Customer and reflected herein will remain valid for purposes of serving correspondence and/or pleadings.
The Customer agrees to the standard rates as well as the rates in respect of an emergency and/or after-hours callout which rates are reflected in this agreement or may be obtained on request.
The invalidity of any part of this agreement will not affect the validity of any other part.
Any order is subject to cancellation by Green Leaf Importers (Pty) Ltd due to force majeure from any cause beyond the control of Green Leaf Importers (Pty) Ltd, including (without restricting this clause to these conditions):
1. inability to secure labour, power i.e., load shedding;
2. materials or supplies; or
3. because of an act of God, war, civil disturbance, riots, state of emergency i.e., ongoing COVID-19 pandemic, strike, lockout, or other labor disputes, fire, flood, drought, or legislation.
Without detracting from the generality of the aforesaid, any order is further subject to cancelation if the Customer breaches any term of this contract or makes any attempt of compromise, in the event of liquidation, sequestration, termination, or civil judgment is recorded against the Customer or any of its principals.
The ruling language of this agreement and for communications and notices shall be English.