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Terms & Conditions

These Online Terms and Conditions are a contract between you and Fusion Heights CC with registration number 1999/027298/23 (trading as Timber Tool). Our registered address is Unit 7C Coronation Court, van Wyk Street, Maitland, 7405.

These Online Terms and Conditions apply when you use the Timber-Tool.co.za website, when you buy any  products through the Timber-Tool website, and when you use of any of the products or Timber Tool services.  Please read these Online Terms and Conditions carefully before you start to use the Timber-Tool website. By using the Timber-Tool website you confirm that you accept these Online Terms and Conditions.  If you do not agree to these Online Terms and Conditions you must not use the Timber-Tool website. You should keep a copy of these Online Terms and Conditions for future reference.

We aim to update the timber-tool website regularly, and the content on the timber-tool website and the products and services offered may change, in timber-tool’s sole discretion, from time to time.  Timber Tool further reserves the right at any time and without giving you any advance notice to make changes to the prices or quantities of goods that are sold through the timber-tool website and to correct any pricing errors that may inadvertently occur. No notice of any changes will be given to you. Timber Tool may also interrupt the operation of the timber-tool website, or any part of the website, to perform routine or non-routine maintenance, to correct any errors, or make other changes.

Our legal obligations and limits on our liability

Timber Tool does not represent that the timber-tool website or any content, service or feature of the website will be error free, or that it will meet any particular criteria of accuracy, completeness or reliability of information, performance or quality. Timber Tool does not give any warranty, express or implied, in relation to the operation of the timber-tool website. 

We are not responsible for losses and damages that you might suffer which are:

  • Not caused by our breach of these online Terms and Conditions;
  • A side effect of the main loss or damage and which is not reasonably foreseeable by you and us when you begin to use the timber-tool website (for example loss of profits or loss of opportunity);
  • A result of our failure to provide the timber-tool website;
  • A result of your user name and password being used by someone else or any unauthorised access to your personal information (unless this is due to our negligence);
  • Caused by a distributed denial-of-service attack, virus or other technologically harmful material that may affect your computer equipment, programs, data or other material due to your use of the timber-tool website (including your downloading any content from the timber-tool website or any website linked to it).

You are encouraged to report any performance failures or errors to info@timber-tool.co.za. These Online Terms and Conditions do not affect your statutory rights, including your rights under any applicable consumer laws, that cannot be altered by contract. 

Content on the timber-tool website

All content on the timber-tool website, such as information, text, pictures, photographs, graphics, interfaces, and the design, structure and arrangement of the content, belongs to Timber Tool and/or a third party or is licensed to Timber Tool and/or a third party and is protected by law.  You may not copy, reproduce, upload or post any of the content on the timber-tool website without Timber Tool’s prior written permission.

Links to and from other third party websites

You may link to our home page provided that you do so in a fair and legal way and not in a way that may damage or takes advantage of our reputation or that suggests any form of association, approval or endorsement on our part.  You may not frame the timber-tool website nor may you create a link to any part of the timber-tool website other than from the home page unless we give you written permission (which we may withdraw at any time).

The timber-tool website may include links to websites operated by third parties.  Timber Tool is not responsible for the content of those sites, and accept no responsibility for them or any loss or damage that may arise from your use of them.  The links to third party websites from the timber-tool website do not imply any responsibility for, or endorsement of, the content, opinions, representations, products or services provided on those sites.  You are responsible for complying with the terms of use of any linked third party websites. 

Termination

If you do not comply with these Online Terms and Conditions when accessing or otherwise using the timber-tool website, Timber Tool has the right to suspend your access to the website temporarily or permanently without notice to you.  Timber Tool may also stop operating the website entirely.

Sales in South Africa

We are currently only able to deliver products available on the timber-tool website to users with a valid delivery address in South Africa. If users place an order on the timber-tool  website without a valid delivery address in South Africa, we will be unable to complete delivery. However we are able to supply a quotation to clients outside South Africa in which case the client will have to arrange collection from our premises via their own courier. Products sold through the timber-tool website are intended for use in South Africa. 

Age

By using the timber-tool website, you are representing that you are above the age of 18 years or, if you are below the age of 18 years, that you have the permission of your parent or guardian to use the timber-tool website and to buy  products through the website.

Billing and personal information

In order to buy goods and services through the timber-tool website, you will need to register an online customer account with Timber Tool.  For this purpose you will need to provide Timber Tool with certain personal information and billing information that will enable Timber Tool to charge you for your purchases (such as your credit or debit card details).  You must provide accurate and complete registration information when you register your online customer account.  You must ensure that your registration information is kept up-to-date.  This information will be used and retained in accordance with Timber Tool’s Privacy Policy, and which forms part of these Online Terms and Conditions.  By using the timber-tool website, you accept that transactions that are performed over the Internet may be vulnerable to being intercepted.  Timber Tool will not be liable for any interception that occurs and any loss that is suffered as a result, where Timber-tool has taken reasonable steps to prevent this happening.

When you set up your online customer account you will choose a user name and password.  You will have to use these details to login to your account.  You are responsible for keeping these details confidential.  You must notify Timber Tool immediately if there is any unauthorized use of or access to your online customer account.  Timber Tool will not be responsible for any unauthorized use of your user name and password or for any losses that you suffer as a result and you will be responsible for any purchases made using your online customer account, where you have failed to keep your user name and password secure and confidential. You may be held responsible for any losses suffered by Timber Tool or any other user of the Timber Tool website as a result of your failure to keep your user name and password secure and confidential.

Order process

When you place an order for a product on the timber-tool website, your order will be subject to product availability.  If, after you place your order, there is insufficient stock to fulfill your order, Timber Tool has the right to cancel your order or any part of your order and refund the purchase price, or, in our sole discretion, to offer you a substitute product if you have indicated, during the ordering process, that you are willing to receive such a substitute product.  In the event of a refund, Timber Tool will refund the purchase price based on the original payment method (i.e. to your credit or debit card) or issue store credit, based on your choice, and will notify you, as soon as possible, that there is insufficient stock to fulfill your order. If we are unable to supply each and every item ordered or in the quantities ordered, you nevertheless agree to accept delivery and make payment for the items that are delivered to you. 

Before the transaction is completed, you will have the opportunity to review, correct and/or withdraw your order that is to be placed through the timber-tool website.  If you discover that you have made a mistake with your order after you have submitted it to the timber-tool website, please contact info@timber-tool.o.za immediately.  However, we cannot guarantee that we will be able to amend your order in accordance with your instruction.  Once your order has been placed online, you will receive an email confirmation of your order from Timber Tool. Your offer to purchase products through timber-tool’s website will be deemed to be accepted once you have received this confirmation of your order. 

Timber Tool Delivery Policy

Timber Tool’s Delivery Policy can be accessed at www.timber-tool.co.za and is incorporated by reference into these Online Terms and Conditions. If there is any conflict between these Online Terms and Conditions and the Timber Tools Delivery Policy, these Online Terms and Conditions will apply in respect of all products sold through the timber-tool website.

Timber Tool’s Returns Policy

Timber Tool’s Returns Policy can be accessed at www.timber-tool.co.za  and is incorporated by reference into these Online Terms and Conditions.  If there is any conflict between these Online Terms and Conditions and the Timber Tool’s Returns Policy, these Online Terms and Conditions will apply in respect of all products sold through the timber-tool website.

Promotional coupons

From time to time, Timber Tool may release, at its sole discretion, promotional coupons that may be redeemed though purchases on the timber-tool website, which will be sent to you by email. Promotional coupons are only valid for a specified period, as stated on the promotional coupon, can only be redeemed against certain priced products on the timber-tool website, and cannot be used in conjunction with any other promotional coupons. To redeem promotional coupons in your account or to check an existing credit, please visit “My Account” on the timber-tool website.

To the extent that you place an order for a product less than the value of the promotional coupon, no refund or residual credit will be returned to you.  You also agree and accept that the credit of a promotional coupon does not accrue interest and does not have a cash value.  If the credit of a promotional coupon is insufficient for a particular order that you have placed, you will be required to pay the remaining amount by credit card or debit card.

Timber Tool will not be liable for any loss, theft or illegibility of any promotional coupon, or for any errors in the email address of the voucher recipient. In the event of fraud, an attempt at deception, or in the event of the suspicion of other illegal activities in connection with a promotional coupon purchase, Timber Tool will be entitled to close your account and/or require a different means of payment.   

General

We may make changes to these Online Terms and Conditions from time to time, and will give existing customers reasonable notice of any material changes.  By continuing to use the timber-tool website, you accept the version of the Online Terms and Conditions current at the time of your use.  We recommend that you check this page for updates from time to time. These Online Terms and Conditions are governed by the laws of South Africa, regardless of conflict of laws principles.

If any part of these Online Terms and Conditions is disallowed or found to be ineffective by any court or regulator, the other provisions shall continue to apply.

Record of your transaction

If you need to obtain a sales record of your transaction to buy products through the timber-tool website, you can contact Timber Tool within 30 days of the transaction. Alternatively, a full record of every sale and related transaction between you and Timber Tool will be maintained on the timber-tool website for a period of 12 months following the date of the purchase.  You will be able to view and print these records of your transaction during this period, after which time, you will be responsible for retaining your own record of the relevant transaction.

Complaints and notices

We place great value on customer satisfaction.  Questions, complaints or comments should be sent by email to info@timber-tool.co.za.  We will attempt to address your concerns as soon as reasonably possible and will contact you on receipt of any relevant inquiry or complaint.  In the event of a complaint, it will help us if you can describe the object of your complaint as accurately as possible and, where applicable, send us copies of your order or the order number that we assign you.  Should you not have received any reaction from us within five business days, please make further inquiries.  In rare cases, your emails may have been caught up in our spam filters or not reached us, or correspondence that we send to you may otherwise not have reached you.

Any legal notices that you give Timber Tool under this contract must be sent by registered post to P O Box 1224, Woodstock, 7915 with a copy to info@timber-tool.co.za. Where Timber Tool needs to give you any notice as provided for in this contract or provide additional information about the products and services supplied to you, Timber Tool will do so by sending you an email or posting a notice on the timber-tool website.  You consent to Timber Tool providing you with notices or information in this way.

LIABILITY, REPAIRS & ACCOUNT FACILITIES

Timber Tool is not liable to you or to any third party for any injury, including, but not limited to, death or damage caused by or resulting from misused or abused machinery, and/or machinery subject to fair wear and tear, and/or machinery damaged by the customer or any of its agents, employees or representatives.”

All quotations remain valid for a period of 30 Days from the date of quotation.

Any delivery note, waybill or job card signed by the customer or a third party engaged to transport the goods & held by Timber Tool shall be proof that the delivery was made to the Customer.

Delivery & performance times quoted are merely estimates & are not binding to Timber Tool. “Timber Tool shall not be liable for any loss or damage of whatsoever nature, including consequential loss or damage and loss for profit arising out of delays or failure to deliver due to fire, explosion, unavoidable breakdown of machinery, government acts and/or regulations, strikes, war (declared or not) or by any other acts of God or similar circumstances which are reasonably beyond the control of, and unforeseen by, Timber Tool”

Repair times and repair costs are merely estimates and are not binding on Timber Tool.

Any item handed in for repair may be sold by Timber Tool to defray the costs of such repairs if the item remains uncollected within 30 days of the repairs being completed.

“New goods are guaranteed according to the Manufacturer’s product specific warranties only. Labour and parts replaced are guaranteed, according to the Manufacture’s product specific warranties, for a period of 3 months.”

Liability under above clause is restricted to the cost of repair or replacement of faulty goods or services or granting of a credit at the sole discretion of Timber Tool.

13    No claim under this Agreement shall arise unless the customer has, within 3 days of an alleged breach of contract and/or defect, given Timber Tool written notice by prepaid registered post of such breach /or defect or has physically returned any items to the premises of Timber Tool & that those items have been accepted in writing, and has afforded Timber Tool at least 30 days to rectify such breach /or defect.

To be valid, claims must be supported by an original Tax Invoice.

Any defective movable goods returned must be returned in its original or suitable packaging and accompanied with the proof of purchase.

All guarantees are immediately null & void should any goods be tampered with, used or should the seals be broken by anyone other than Timber Tool or should the goods be used or stored outside the manufacturer’s specifications.

Under no circumstances will Timber Tool be liable for any damage arising from neglect, misuse or abuse of the goods & services.

The customer agrees that the amount contained in a Tax Invoice issued by Timber Tool shall be due & payable unconditionally by cash, direct bank electronic transfer & (if approved) by cheque (which must all reflect in the bank account of Timber Tool & be cleared prior to release of any goods or services) or if the customer is a credit approved Customer as per the credit facilities granted by Timber Tool.

The customer has no right to withhold payment for any reason whatsoever & agrees that no extension of payment of any nature shall be extended to the customer & any such extension will not be applicable or enforceable unless agreed by Timber Tool, reduced in writing & signed by a duly authorised representative of Timber Tool.

All goods supplied by Timber Tool remain the property of Timber Tool until such time that they are paid in full as per the Tax Invoice related to those goods., whether they are attached to property or not. The customer shall not allow the goods to become encumbered until paid in full.

The customer agrees that if an account or invoices are not settled in full within the agreed period of time, that Timber Tool is entitled to immediately institute action against the Customer at the sole expense of the customer, or to cancel the agreement & take possession of any goods taken by the Customer & claim damages.

The customer irrevocably authorises Timber Tool to enter its premises to repossess any goods delivered and indemnifies Timber Tool completely against any damage caused beyond Timber Tool control relating to the removal of repossessed goods.

The customer hereby consents that Timber Tool shall have the right to institute any legal action in either the Magistrates Court or the local Division of the High Court at their sole discretion.

The customer undertakes to inform Timber Tool in writing within 5 days of change of Director, Member, Shareholder, Owner or Partner or address or 14 days prior to selling the Customer’s business & failure to do so will constitute a material breach of this Agreement & Timber Tool reserves the right to withdraw any credit facility advanced to the customer.

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