Legal Stuff

Terms & Conditions

QUOTE VALIDITY

All quotes are valid for 30 days.

PAYMENT TERMS – PROJECT VALUE

Our Payment terms for projects less than R100 000 are 100% payment on order. No order will be processed unless full payment is received. Any payment, whether partial or in full, will be deemed as an acceptance of our quote/invoice and Terms and Conditions.      

PAYMENT TERMS – PROJECT VALUE >R100 000

Our Payment terms for projects over R100 000 are 70% on order, 30% on first material delivery to site. No truck will be offloaded, and construction will not commence until full payment is received. The Tunnel Shop (Pty) Ltd will not leave site until full payment is received. Any payment, whether partial or in full, will be deemed as an acceptance of our quote/invoice and terms and conditions. Should payment not be made on time, finance charges will be charged at 2.5% of the outstanding amount calculated monthly.

Any payment delays will affect the completion date. The Tunnel Shop may at any stage decide to withdraw from site until payment agreements have been met.

Risk will pass to buyer upon delivery. Ownership will pass to buyer upon receipt of full and final payment.                      

The Project Owner, Members of the Beneficiary or Organisation (Customer) agrees that The Tunnel Shop Pty (Ltd) will have the right to reposes all supplied items in the case of outstanding payments by the elected Responsible organisation where access to the site/ premises will not be hindered in any way. This will be done within 30 Days after completion (As Decided by The Tunnel Shop Pty Ltd and documented) without the need of a Court Order. The supplied items will then be re-sold as 2nd hand and the monies collected on it will be deducted from the customer’s statement. The customer will still be held liable for payment on the balance due on the statement after this deduction and will also be liable for all legal and collection costs.

Interest will be charged at the prime interest rate on all accounts outstanding for more than 30 days.

We recommend that a Business Plan be done for Projects over R500 000.00. We do not take responsibility for incorrect items quoted for specific farming solutions if no Business Plan was done.

CASH/CARD/EFT/CHEQUE PAYMENTS

A 5% fee will be added to all card transactions calculated on the total transaction amount.

COD Deliveries is strictly cash on delivery and no EFT payments will be allowed. Should payment be made via EFT, goods will only be delivered once payment reflects in our account.

Due to ongoing scams, cheque payments will be left to clear and stay in our account for 14 days before goods will be delivered.

 

FINANCE DEALS

A 3 stage Part or Progress Payments must be arranged with finance deals.                                                                  

Finance Fees will be applicable to all finance deals.

No material will be delivered unless the finance agreement has been signed, all relevant documents has been submitted and collateral security is in place.

Construction will not commence unless the progress payments have been made as stipulated in the agreement.

Any payment delays will affect the completion date. The Tunnel Shop may at any stage decide to withdraw from site until payment agreements have been met.

The Tunnel Shop (Pty) Ltd will not leave site until full payment is received. Any payment, whether partial or in full, will be deemed as an acceptance of our quote and Terms and Conditions.                             

Risk will pass to buyer upon delivery. Ownership will pass to buyer upon receipt of full and final payment. If delivery is delayed for a period of two weeks after manufacturing is completed, the risk shall pass to the customer.

Should progress payments not be made on time, warrantee on all installations will be null and void.

The Project Owner, Members of the Beneficiary or Organisation (Customer) agrees that The Tunnel Shop Pty (Ltd) will have the right to reposes all supplied items in the case of outstanding payments by the elected Responsible organisation where access to the site/ premises will not be hindered in any way. This will be done within 30 Days after completion (As Decided by The Tunnel Shop Pty Ltd and documented) without the need of a Court Order.

The supplied items will then be re-sold as 2nd hand and the monies collected on it will be deducted from the customer’s statement. The customer will still be held liable for payment on the balance due on the statement after this deduction and will also be liable for all legal and collection costs.

Interest will be charged at the prime interest rate on all accounts outstanding for more than 30 days.

We recommend that a Business Plan be done for Projects over R100 000.00. We do not take responsibility for incorrect items quoted for specific farming solutions if no Business Plan was done.

 

WARRANTY

There is a 3-month warranty on all our products unless otherwise stipulated, thereafter standard fees will apply for the exchange, repair or replacement of any products (Excluding livestock). The warranty only covers faulty workmanship by The Tunnel Shop or its contractors. Damage caused by the customer, whether accidental or on purpose, is not included. Vandalism by a third party is also not included. Wear and tear is not covered.

The Tunnel Shop will not be responsible for any damage caused by any act of nature or fire. We advise all clients to insure them against it.

The Tunnel Shop do not cover or insure the customer’s crops in the case of structural failures. It is the customers responsibility to have their own insurance in place.               

STRUCTURES                                                                        

Erection includes the following:

  • Digging of all holes and trenches
  • Erection of structure
  • Covering of plastic
  • Basic layout of irrigation mainlines            

TUNNEL PLASTIC                  

Tunnel repair tape will be used on damage where a 30cm piece of tape will successfully repair such damage. However, we will make every effort not to damage plastic when installing.

CUSTOMERS RESPONSIBILITY                                                                             

It is the customers’ responsibility to clean and level the land prior to installation. The Tunnel will follow the contour of the land. If the land is not exactly level before installation, the tunnel will not be level.

The Customer must do the following before planting can be done, but after erection: (unless itemised and quoted.)

  • Levelling and trenching inside the tunnel
  • Laying of floor plastic inside tunnel
  • Installing of drippers inside tunnel
  • Filling of bags with sawdust and placing of bags inside the tunnel

Electricity suitable for drilling/grinding/welding as well as water must be supplied by the customer on site while construction takes place.                                                                          

Ablution, water, electricity, and accommodation must be supplied by the customer for construction workers during construction at the customers cost. Should accommodation not be available, camping site with ablution facilities will suffice. If accommodation is not on-site, the customer will be responsible for transport to and from site.                           

Buyer is responsible for the water supply up to the mixing tanks, unless itemised and quoted.

ELECTRICAL AND WATER CONNECTIONS                                                                            

All electrical Items/appliances/equipment/tanks are supplied as appliances. It is the customers’ responsibility to have them connected to their electricity and/or water mainlines.

USE OF LOCAL LABOUR                                                                        

Local labour on site will only be used for unskilled-work, and before construction commences (Mainly clearing and levelling site and digging of holes). Our insurance do not allow for civilians to be near the construction area when construction is in progress. Local labourers will be chosen by The Tunnel Shop and will be compensated according to the minimum wage regulations per hour. 

SEEDLING VOUCHERS                                                                          

Seedlings Vouchers are redeemable for six months from date of issue. Thereafter it is expired and cannot be claimed.

Quantity seedlings quoted is more than required per tunnel due to drop-out rate. We still charge for non-germinated plants.

Seedling trays are supplied as planted. All holes may not have germinated.                                 

Customer accepts full responsibility for plants upon delivery.       

LIVESTOCK & POULTRY                        

Livestock payment terms are 100% on order, prior to delivery.

Risk passes to customer upon delivery. No refunds will be given on any livestock.

None of our livestock (Including but not limited to cattle, chickens, sheep, and pigs) are not vaccinated. It is the customers’ responsibility to vaccinate the animals as the need arises.

It is the customers’ responsibility to familiarise themselves with the breed supplied.

MENTORSHIP                         

Free mentorship and/or guidance is not supplied or implied. Mentorship can be quoted separately.

INSTALLATION                       

We offer an industry standard on all our installations. Should a professional (European) installation standard be required, a separate installation fee will be invoiced at 100% of the quoted installation cost.

The tunnel will follow the contour of the land. For perfectly level tunnels, the customer is expected to level land prior to installation.

Soil conditions is expected to be medium. Hard and rocky conditions requiring equipment to dig will be charged additionally.

Customers are not to interfere in the installation process. Should this be the case, the professional installation price will be invoiced, and our team will not proceed with the installation until the professional installation fee is paid in full.

The directors and managers of The Tunnel Shop cannot be on sites full time, therefore our site foreman will be in charge of the installation process and will communicate progress on the site.

Delays on site caused by customers will be charged.

CHANGES TO TERMS, SCOPE, SPECS AND SITE DISCUSSIONS                          

E-mail will be the only accepted form of communication related to the changes to terms, scope or site discussions. No representative of The Tunnel Shop (Pty) Ltd has the authority to verbally agree to any changes on site. All these related matters must be communicated through the office on e-mail.

                               

TRAINING

Supply and/or Installation of a product does not constitute training will be included on that product. Training must be quoted separately.

Quoted Training excludes Transport/Traveling, beverages, meals and accommodation unless specified. It is the customers responsibility to arrange these facilities for all its attendees.

VALIDATION PERIOD

Quotes are Valid for 30 days. Should payments be delayed for any reason, prices will be re-calculated and re-quoted/re-invoices at the new price.

CANCELLATION

A 35% Cancellation Fee will be charged on all cancelled orders on the full Invoice amount.

Items ordered for projects may not be returnable or exchangeable. Special ordered items may not be returned. Any tunnel plastic cut to customers specification may not be returned.

New Generation Emerging Farmers (Pty) Ltd reserves the right to cancel any Finance arrangement at any time.                             

 

CHANGES TO TERMS             

Any discussions or agreements with a representative on site will not be contradicting to company standard policies or Terms and Conditions. If it is, company standard policy and Terms will suffice.

Any changes to terms or payment arrangements will only be done in writing.

 

EXPORTS               

All cross-border transactions must be paid in full prior to delivery. No exceptions will be made. Should customer wish to collect and transport themselves, VAT will be payable.

 

INDEPENDENT CONTRACTORS

From Time to time we make use of Independent Contractors. The Tunnel Shop’ contractors only take orders from The Tunnel Shop. No scope changes or any additional work may be discussed with the independent contractor. Any additional work or scope changes discussed with the contractor, whether relevant to the contract or not, may be Invoiced to the customer by The Tunnel Shop.

Should the customer employ our independent contractors within six months post completion, the customer will be invoiced for 50% of the contractor’s fee or a training and placement fee equal to three-months’ salary to the contractor. Should the customer employ any permanent staff member within six months post completion, a training and placement fee equal to 50% of the staff members’ annual salary will be charged to the customer.

Customers are not allowed to pay our independent contractors or staff members directly for any work done. Should a customer feel the need to tip/gift/bonus any staff member, the money must be given to management, who will then give it to the relevant staff members/contractors.

 

MARKETING CONSENT

The customer agrees that The Tunnel Shop may display marketing material on site for the duration of the project. The customer also consents to The Tunnel Shop using photo’s, video material, aerial footage, and drawings for marketing purposes.      

 

INDEMNITY

The customer agrees that neither he, nor any of his employees, family members or representatives will interfere with or enter the construction site until the site is complete and handed back over to the customer. The customer will not have any claim against The Tunnel Shop for any loss, damage or injuries of any nature caused during construction or thereafter.

No Director, Shareholder, Member, Employee or Independent contractor will be held responsible for any damage caused to customers property on site.

 

GENERAL                               

Removal of any individual item on the quote may affect the total global quote. Quote to be viewed as a whole.                               

We reserve the right to use alternative products other than ones described in this quote should stock not be available.

The Tunnel Shop will not be held responsible for any loss or damage to the customers property or livestock or any goods during projects.                                                                        

Any scope of work changes by the client will be charged to the customer in addition to this quote.  

Any material or assistance given by a client on site will be deemed a donation, unless otherwise agreed. The client may not claim for compensation for such items, unless otherwise agreed.

Please communicate any site problems or concerns with your consultant as they arise. Site progress meetings can be requested with the relevant representative, but this will be charged at a rate of R280 per hour and R6,50 per km.

Any Site-Handover meeting that needs to be attended will be charged R500 per hour as well as R4,00 per km traveling.

Customers’ collection their own orders do so at their own risk and should notify us in advance to have sufficient loading staff available. Loading cost will apply. Risk during loading and transport will be at customers’ own risk.

We keep the right to change prices without notice.                                                                     

Drawings and plans can be made available at a cost of R15 000 and R2 000 for any additional copies.                                                          

Any service level agreement signed after this quotation with a conflicting term or condition will be superseded by this, the original agreement.

This Quote/Invoice/Price List is intended for your viewing only. Sharing the information on this quote in terms of the Fair Competition act may be illegal.   

PROTECTION OF PERSONAL INFORMATION (POPI)

 

The Tunnel Shop (Pty) Ltd (“Company”) is committed to the adherence to national and international legislation pertaining to the safeguarding of Data  Privacy and the protection of personal information when processed by any person, whether natural or juristic in  terms of the Protection of Personal information Act 4 of 2013 (“POPIA”) and/or similar international legislation. 

The Customer’s personal information will be collected, processed and stored for the purpose intended. The Company shall proceed to act in accordance with the provisions of POPIA when collecting, processing and storing of such personal information, namely:  

  1. The opening of an Account (Accounts Receivable or Accounts Payable);
  2. Electronic mail communication (brochures, e-Mailers, general communication etc.)
  3. Telephonic calls
  4. Mobile device communication (SMS’s, Social media messaging and video calls)
  5. Online Website contact form
  6. Online Store orders

During the business relationship between the Customer and the Company, the Customer acknowledges and consents to the processing of the Customer’s personal information for any  purpose relating to the administration, management and operations of the Company’s legitimate business purposes or legal obligations by the Company or anyone acting on behalf of the Company;

The Company undertakes not to disclose the Customer’s personal information unless it is legally or contractually required for its legitimate business purposes for which the Company has been authorised. Similarly, the Customer has the corresponding obligation to the Company in this regard;

The Customer acknowledges that the Company will use reasonable efforts in order to ensure that the Customer’s personal information in its possession or processed on its behalf is kept confidential,  stored in a secure manner and processed in terms of POPIA and for the purposes for which the Company  has been authorised. Similarly, the Customer has the corresponding obligation to the Company in this regard;

The Customer declares that all personal information supplied to the Company for the purposes of procurement and related legal and operational reasons is accurate, up to date, is not misleading and that it  is complete in all respects. The provision of misleading information by any Customer may lead to the  termination of the business relationship with the Company. It shall always remain the responsibility of the Customer to immediately advise the Company of any change to its personal information.

Should you wish to engage on any aspects relation to the collection and/or processing of your personal information, you are welcome to contact our information officer on the following e-Mail address : accounts@tunnelshop.co.za. Please quote “POPIA” – followed by your name/company name in the subject line.

In the event that no response has been given, we will assume that your consent to the above has been granted until such a time when a request has been made otherwise.

The Tunnel Shop (Pty) Ltd