Terms & Conditions

STANDARD TRADING TERMS AND CONDITIONS

1. CONDITIONS OF TRADE

The sale of goods by the Company shall be done under these trading terms and conditions and no verbal agreement, arrangements, undertakings, quotations or specifications shall be binding on the Company. In the event that the customer has its own standard trading terms it is expressly agreed that these terms shall take precedence and shall apply to any sale by the Company.

2. PRICE

The price of goods sold by the Company shall be the price reflected on the Company’s invoice. Prices are all exclusive of value added tax and subject to change without prior notification.

3. PAYMENT

3.1 Payment is to be made by the customer

3.2 All payments shall be free of bank charges and foreign exchange fluctuations and it shall remain the responsibility of the customer to ensure that the full invoice value is received by the Company into its bank account on due date.

3.3 Should any amount not be paid on due date, the whole amount in respect of any other purchases that have been made shall immediately become due, owing and payable and the customer shall be liable to pay interest on all overdue amounts at the prime overdraft rate of Standard Bank of South Africa plus 2%, commencing from the day the payment became overdue.

3.4 The customer shall not be entitled to claim set-off or deduction in respect of any amounts due to the Company. All payments made shall be appropriated by the Company in its sole discretion to any outstanding indebtedness due by the customer. Should any payment be overdue, the Company shall be entitled to immediately suspend delivery of any goods that have been ordered by the customer notwithstanding that the customer may have paid for such goods.

4.CREDIT FACILITIES

There are no credit facilities

5. ORDERS

5.1 All orders submitted by the customer shall be considered to be offers to purchase and shall only become valid when received by the Company at its designated business address and accepted by the Company. The dispatch of goods to the customer shall be confirmation by the Company of the acceptance of such order/s.

5.2 Any orders submitted to the Company may not be withdrawn without the consent of the Company unless the Company has taken no steps to act upon such orders.

6. DELIVERY

6.1 When required, the Company shall deliver the goods to the address stipulated by the customer. In doing so, the Company (or its designated carrier) shall act as agent for the customer and the risk in and to the delivery of the goods shall lie with the customer from the time when the goods leaves the Company’s premises. Consequently, the customer is advised that it should, at its own cost, insure the goods whilst in transit.

6.2 Should the customer elect to collect the goods from the Company, the risk in and to the goods shall pass to the customer at the time the goods are physically handed to the customer at Company’s premises notwithstanding that the customer may not have departed from the Company’s premises.

6.3 Delivery shall be deemed to have been effected when the goods are delivered to the designated address or the customer has collected the goods from the Company. A signed proof of delivery of the goods (by any employee or agent of the customer) shall be prima facie proof until the contrary is proved that the goods have been properly delivered.

6.4 From delivery of the goods the customer shall have seventy two (72) hours to raise any queries or disputes with regard to the condition of the goods delivered and the quantity thereof. Should the customer fail to raise any queries within the said time period it shall be deemed that the goods have been properly delivered and the customer shall have no further claim against the Company arising there from.

7.OWNERSHIP AND RISK

7.1 Notwithstanding that the risk in and to the goods shall pass to the customer on dispatch of the goods, ownership shall remain with the Company until payment in full has been made. Consequently, the Company shall, if it is of the reasonable opinion that it will not be paid for the goods that it has sold, be entitled to take immediate legal steps to recover possession of its goods.

7.2 The customer shall, until it has paid for the goods, be obliged to insure the goods with a reputable insurer for their replacement value and customer hereby irrevocably cedes the proceeds of such insurance to the Company. In addition, the customer shall advise the landlord of any premises that it occupies of the Company’s rights of ownership in and to the goods.

7.3 In the event of that the customer is sequestrated or liquidated (provisionally or finally), or attempts to compromise with its creditor or is placed under any form of debt review or business rescue process, or any resolution or steps are taken to activate any such processes the Company shall be entitled to immediately suspend all of its obligations in terms of the agreement including the credit facilities and the delivery of any undelivered goods.

8. LEGAL PROCEEDINGS

8. Should it become necessary for the Company to take legal action against the customer, the customer shall liable for all costs incurred by the Company on the scale as between attorney and client.

8.2 The customer agrees that any claim against it may be launched by the Company in any court of competent jurisdiction including a Magistrate’s Court notwithstanding that the amount claimed would ordinarily exceed the jurisdiction of such court.

8.3 A certificate signed by any manager or director of the Company (whose authority need not be proved) will be prima facie proof of the amount outstanding and due by the customer to the Company until the contrary is proved.

8.4 The customer acknowledges that the address that it has selected as it domicilium address shall be the address for service of all legal documents and process. Notwithstanding the foregoing, the customer may change its domicilium address on written notice to the Company which change will only be effective when the Company acknowledges in writing such change of address notification.

8.5 Should the customer be a foreign registered entity by completing this application it hereby submits to the jurisdiction of the South African Courts, the application of South African law and in particular, to the jurisdiction of the Durban High Court.

9.WARRANTY

9.1 The Company warrants that the goods shall comply with all of its published specifications.

9.2 Save for the said warranty the company does not make any representations as to whether the goods will be fit for the purpose for which they are being purchased and under no circumstances shall the Company (including its Directors or Agents), be liable to the customer for any losses, including consequential losses of any form or nature, arising from of the sale of the goods.

9.3 Should any of the goods prove to be defective then any claim against the Company shall be restricted only to the replacement of the goods with goods in similar quantity, quality and condition.

9.4 The user is not to exceed the nominated gross vehicle mass of the unit , should this be exceeded warranty is void

10. CESSION OF BOOK DEBTS

10.1 The customer, as security for all of its obligations in terms of this agreement, hereby cedes, pledges and assigns to the Company all of its right, title and interest in and to any debts due to it. Notwithstanding the fluctuation in the indebtedness of the customer to the Company, the cession shall remain in force until this agreement has been terminated in writing.

10.2 Should it transpire that there is already an existing cession of debts by the customer then this cession shall constitute a cession of the customer’s residual rights in and to its debts.

11. POLICY RELATING TO THE RETURN GOODS

Whilst the Company is under no obligation to accept the return of goods that have been ordered, the customer may apply in writing to the Company for permission to return the goods. The Company will consider each such application on its merits and will its sole discretion advise the customer of its decision. Should the company agree to the return of the goods, a 40% handling fee will be levied on the product returned.or an amount deemed as fair usage fee .

12. DISCLOSURE OF PERSONAL INFORMATION

12.1 The company will disclose no Personal information to any 3rd party

13. INDEMNITY

As the Company is unaware of the purpose for which the goods are being sold, the customer hereby indemnifies and holds the Company harmless against all and any claims that may be made against the Company, its directors or shareholders by any third party arising out of the sale of the goods.

14.FORCE MAJEURE

In the event of any act of God, war, rebellion, riot, civil commotion, labour suspension, fire, accident, machinery malfunction, electricity or water disruptions or shortages outside the reasonable control of the parties hereto shall constitute a force majeure event and performance under this contract shall be delayed until such time as the force majeure event no longer prevents performance and neither party shall have a claim against the other as a result of such delay, provided that this application of this clause, shall not affect the liability of either parties in respect of any matter or claim which arose or existed prior to the occurrence of such force majeure event.

15. GENERAL PROVISIONS

15.1 These Standard Trading Terms and Conditions of Sale constitute the whole agreement between the parties. Neither party will be bound by any variation to these conditions unless such variation is in writing and signed by both parties.

15.2 No indulgence by the company which it may give from time to time shall prejudice or constitute a waiver by the company of any of its rights. Should any of these conditions of sale become invalid or unenforceable; it shall be severable from the rest of the contract which will continue to be binding on the parties.

15.3 These conditions must be interpreted and implemented in terms of the law of the Republic of South Africa as applicable from time to time.

15.4 Unit are quoted as estimated capacity,

15.5 Singel axle braked units may not exceed 1500 kgs gross vehicle mass or the registered mass

NOTICE IN TERMS OF SECTION 49 OF THE CONSUMER PROTECTION ACT 68 OF 2008

To the extent that the provisions of the Consumer Protection Act applies to any transaction concluded between the Company and the customer and before entering into this transaction, the customer’s attention is drawn to the fact that certain of the terms herein limit the liability of the supplier of the goods (clause 6.4 and 9), constitute an assumption of risk by the customer (clauses 6 and 7), impose an obligation on the customer to indemnify the Company (clause 13) and constitute an acknowledgment of facts by the customer (clauses 6.3, 6.4,8.2,8.3,8.4 and 12).

NOTE: AS THE OPERATOR OF THE PRODUCT IT IS YOUR RESPONSIBILITY TO CHECK OVER THE PRODUCT REGULARLY, VISUALLY AND PHYSICALLY. CERTAIN PARTS MAY COME LOOSE DURING USE FOR EXAMPLE WIRES OR NUTS AND BOLTS. THIS WILL MAKE THE PRODUCT UNSAFE FOR USE. ANY DAMAGE TO THE VEHICLE, VEHICLE PARTS OR PERSONAL INJURY RESULTING FROM OPERATION DURING THIS CONDITION IS NOT THE RESPONSIBILITY OF THE MANUFACTURER OR SUPPLIER.

THESE TRAILERS ARE SOLD subject to our 365 DAY

CARRY-IN MANUFACTURER LIMITED WARRANTY

Warranty and Terms Overview

1. General Warranty Information

1.1 Coverage:

  • The warranty is valid for 365 days from the date of purchase, covering defects in materials or workmanship under normal use. The manufacturer will repair or replace defective items during this period.
  • Warranty covers structural parts and power plant operation damage, subject to assessment.
  • No consumables, moving parts, fluid-carrying parts, or bendable parts are covered under the warranty.

1.2 Carry-in Warranty:

  • The warranty is based on a carry-in basis, meaning the customer is responsible for delivering the defective product to an authorized service center or dealer.
  • The warranty does not cover transportation, so the customer must handle delivery of the product.

1.3 Exclusions:

  • The warranty does not cover damage caused by misuse, unauthorized repairs, water damage, oxidation, or environmental factors such as UV light, sand, or chemicals.
  • Wear and tear from inappropriate use is not covered.
  • Contaminated fuels, unauthorized modifications, or repairs performed outside of authorized dealers void the warranty.
  • Off-road use voids the road-legal warranty and limits it to a 90-day off-road warranty.
  • Non-compliance with maintenance intervals or use of non-approved spare parts also voids warranty claims.

1.4 How to Get Warranty Service:

  • To claim under warranty, the customer must present a correctly filled service book when lodging the claim.
  • The defective product must be delivered freight prepaid to any authorized dealer for assessment and repair.

2. Payment and Production Terms

2.1 Final Payment:

  • No goods will be released without final payment reflecting in the nominated account.
  • There are no exceptions to this rule.

2.2 Production Time:

  • Normal production time is 7-10 days unless otherwise specified or stock is available.

2.3 Delivery Time:

  • Delivery times may be subject to change due to material shortages or unforeseen circumstances.
  • Prices are subject to escalation from the quotation date to final payment.

2.4 Order Cancellations:

  • Cancelled orders will incur a 40% handling fee.
  • Reversals of transactions are allowed within 24 hours after delivery but will incur a handling fee.

3. Warranty and Repairs

3.1 Workmanship Warranty:

  • A 12-month workmanship warranty applies under normal use, as outlined in the “Trailer Use” details.

3.2 Defect Reporting:

  • Defects must be reported within 5 days of receipt. After this period, the product will be considered in good order.
  • Defective products must be returned in full for inspection.

3.3 Repair Terms:

  • Repairs must be conducted in our authorized workshop.
  • Self-repairs or unauthorized modifications void the warranty.
  • Repairs must have written consent from the warranty claims manager to qualify for coverage.

3.4 Exclusions:

  • Warranty does not cover damage caused by abuse or misuse.
  • Fenders used as steps or misused are excluded from warranty coverage.
  • Units that are used off road void warranty
  • Units that are overloaded Void warranty
  • Units that are modified Voids warranty

3.5 Spare Parts:

  • Spare wheels are optional and not included by default.
  • Any and all consumabels are not covered by warranty
  • All moving parts subject to wear and tear are not covered by warranty

3.6 Roadworthy Certification:

  • Roadworthy certification expires after 90 days from the date of collection

4. Tank Usage and Capacity

4.1 Tank Sizes:

  • Tank sizes are approximate. For safe usage, it is recommended not to fill more than 80% of the tank’s capacity.

4.2 Units:

  • Econo units come with a 700-liter tank capacity.
  • 1000-liter tanks are designed for movement but should not be filled to full capacity.
  • 5000-liter tanks are sold as stationary units only.
  • All unit liters are quoted as estimated size.
  • Allow for a 10% to 15 % variant on size when filling tanker trailers

4.3 Tank Materials:

  • Stainless steel tanks may take up to 14 days to manufacture.
  • Plastic tanks are standard in orange; additional charges may apply for different colors.

4.4 Fuel and Contents:

  • Only diesel should be loaded into Econo units. Loading water is prohibited.
  • Diesel has a gravity of 0.75, meaning 700 liters of diesel weighs 525 kg.

5. Pump and Equipment

5.1 Pump Usage:

  • Pumps must be used according to the “Pump Use” details.
  • Flow meters are not suitable for reselling fuel unless they are calibrated and certified.

5.2 Pump Fitment:

  • Pumps are typically fitted at the left rear.
  • Installing a pump in a lockable box will incur additional costs.

5.3 Equipment Specifications:

  • Standard equipment will be fitted unless otherwise specified by the customer.
  • Incorrectly specified equipment is the responsibility of the customer, not Fueltrailers.

5.4 Fenders:

  • Fenders are made from 2mm steel plate and reinforced as needed.
  • Round fenders are standard; square fenders must be requested specifically.
  • Fenders are not designed to support weight. Warranty claims for broken fenders used as steps will not be honored.

5.5 Modifications:

  • Additional non-specified modifications will incur extra costs.
  • Labor surcharges may apply if modifications are made upon delivery.

5.6 vessels:

  • It is the responsibility of the end user to ensure that the vessel is clean from any foreign debrish before usage , and that the correct vessel is in use .

6. Shipping and Delivery

6.1 Delivery Responsibility:

  • Deliveries are handled by independent transport companies, and goods are not insured during shipping.
  • The company does not take responsibility for damages or losses during transportation.

6.2 Shipping Costs:

  • Shipping is at the customer’s expense and may take up to 4 week after completion of the product.

7. Additional Terms

7.1 Tank Maintenance:

  • It is the user’s responsibility to ensure that the tanks are properly maintained and cleaned.

7.2 Handling Fees:

  • Exchanges or alterations after delivery may be subject to handling fees. These alterations must not exceed the original purchase price.

7.3 Equipment fitted:

  • Responsibility for Equipment Selection:
    • It is the Purchaser’s responsibility to ensure that the correct equipment is specified and listed on the quotation.
    • If an item is not listed on the quote, it will not be fitted. We only install equipment that is clearly outlined in the agreed quotation.
    • No Additional Equipment Without Quotation:
    • No additional equipment will be installed or fitted unless it is specifically quoted and approved beforehand. Any requests for additional equipment must be formally quoted and authorized before installation.
  • Hazmat Certification:
    • Hazardous materials (hazmat) certification is not included as part of the standard service and will not be provided free of charge. Should the Purchaser require hazmat certification, it must be explicitly requested and will incur additional costs.
  • Compliance with Standards:
    • All units are manufactured to meet the minimum required standards as applicable to their intended use. However, any additional compliance or certification requirements must be requested by the Purchaser and may involve extra charges.