Aqua-Net Terms & Conditions
Any reference to the “supplier” means Netking Proprietary Limited and its related and inter-related persons, employees, directors, contractors and representatives.
That the “Important Information” which may be found at https://aquanet.co.za forms part of these terms and conditions.
- Dogs may chew nets to drink water or to swim.
- It is recommended that you do not leave your net off the pool for more than 24 hours.
- All goods are supplied subject to conditions of sale.
- All goods remain our property until FULLY paid for. Notwithstanding the aforementioned all risk in the goods will pass to the customer upon delivery/collection.
- The lower the water level is below the net, the safer the net will be. The recommended distance between the water and the net is 150mm.
- Exclusion of liability: Without limitation the supplier shall not be liable for any claims or damages whatsoever, resulting from loose, poor or faulty paving conditions. The supplier will not be held responsible for any damage to underground pipes/wiring, electrical equipment, etc. when drilling, which is not detected, visible or communicated to the supplier when doing an onsite inspection.
- Solar Blanket: Please read the “Instruction for use” leaflet and return the warranty card to the supplier in order to register your warranty.
FURTHER TERMS AND CONDITIONS RELATING TO THE SALE AND INSTALLATION OF THE GOODS
1. GUARANTEE
- REGARDING Aqua-Net® Pool-Net & Covers: The supplier undertakes that for a period of FIVE (5) years from the date when the net has been installed, it will remedy any defects apparent in the net or the manner of their installation, subject always to clause 3.b below.
- REGARDING ALL OTHER PRODUCTS (excluding Nets): The supplier does not provide any guarantees or warranties other than those which it is obliged to provide in law. Please take note that such goods may however be subject to guarantees and warranties over and above that provided in law. Please refer to all product information accompanying such goods in this regard.
- EXCLUSION OF GUARANTEE AND WARRANTIES:
- The goods concerned having been stored and used in a proper manner.
- The customer has notified the supplier of the nature of the defect within 7 (seven) days of becoming aware of any defect.
- The goods have been returned to the supplier, carriage paid and adequately packed. If the goods are returned as defective but are found on inspection to be in good order, they will be returned to the customer subject to a handling charge. Goods returned, which are out of guarantee or which were damaged due to incorrect usage or adverse conditions not within the control of the supplier, will be scrapped by the supplier unless otherwise instructed by the customer.
2. SAFETY
Some of the pool covers provided by the supplier are not intended to and do not provide any protection from accidents and are accordingly not safe for children and animals. The supplier accepts no liability whatsoever with respect to the use of any covers in respect of injuries or damages sustained by any person or animal in and around any pool covering supplied by the supplier, whether or not the covering caused or contributed to the injury or damages.
Other covers supplied by the supplier provide a degree of safety provided that they are used in a safe and proper manner. Children and animals should not be left unattended in any pool area and the supplier accepts no liability whatsoever for any death, injury, damage or loss howsoever occurring, with respect to the use of any of its covers. Please read our “Important Information” which may be found at https://aquanet.co.za.
3. EXCLUSION OF LIABILITY
- Delay: The supplier shall not be liable for any injury, damages or losses resulting from a delay in completing the supply and installation of any product.
- Defect and wear and tear: The supplier shall not be liable for any damage to or deterioration in the goods due to misuse, abuse or fair wear and tear.
- Accident, injury, loss of life or damage: The customer shall indemnify the supplier and hold the supplier harmless. The supplier shall not be liable for any claims arising from accidents, loss of life or damage directly or indirectly from the goods supplied.
4. EXCLUSION OF IMPLIED WARRANTIES IN TERMS OF THE CPA
- In terms of Section 55 of the CPA you are entitled to goods that:
- Are reasonably suitable for the purposes for which they are generally intended.
- Are of good quality, in good working order and free of any defects.
- Will be usable and durable for a reasonable period of time.
- Comply with applicable standards under the Standards Act, 1993 or other public regulation.
- We inform you that:
- Our goods are suitable only for the purposes set out in our “Important Information”.
- Durability and use is defined by the “Important Information”.
- Our goods comply only with standards listed in that document.
5. INSTALLATIONS
The supplier shall not be responsible for any civil work required around the pool. The customer must ensure coping stones or structures can support securing points. Repeat visits due to inaccessibility will be charged.
6. RIGHT OF ACCESS AND USE OF UTILITIES
The customer grants access and provides necessary water and electricity for installation.
7. EXTRAS AND VARIATIONS
Any variation or addition to goods/installations must be in writing and signed by both parties.
8. PAYMENT
Payment is due on or before the invoice date or within 7 days. Up to 70% deposit may be required on acceptance. Deposits are non-refundable in specific circumstances outlined above.
9. JURISDICTION IN DISPUTES
The customer consents to Magistrates Court jurisdiction, though the supplier may choose another competent court. Matters may be resolved through arbitration under the Johannesburg Bar Council.
I, _____________________________________ hereby agree to the above listed terms and conditions
Signed ______________________ on this _____ day of _____________________ 202____ at ___________________.
DOWNLOAD PDF: Terms and Conditions
Please email or fax to your nearest AQUANET BRANCH. Thank you.
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