Terms of Sale

1. Scope and parties

These Terms of Sale apply to all quotations issued and all goods and services supplied by Absolute Actuator and Valve Sales (Pty) Ltd (registration number 2020/807636/07), trading as AAVS and South African Controls (“AAVS”, “we”, “us”), whether the enquiry originated on this website, by email, by telephone or in person. Our statutory details appear on the Company & Legal Information page.

Most of our customers buy in the course of business. Where you deal with us as a consumeras defined in the Consumer Protection Act 68 of 2008 (“CPA”) — which includes natural persons and juristic persons whose asset value or annual turnover is below the threshold set under section 5(2)(b) of the CPA (currently R2 million) — nothing in these terms excludes, limits or waives a right the CPA gives you, and any provision that conflicts with the CPA applies only to the extent the CPA allows. The same applies to the Electronic Communications and Transactions Act 25 of 2002 (“ECT Act”) for online transactions.

2. Quotations and how a contract is formed

Catalogue listings and any prices on the website are an invitation to do business, not an offer. When you submit a quote request we prepare a formal written quotation stating the goods, quantities, prices, VAT, delivery charges and any special conditions. Unless the quotation itself says otherwise, a quotation is valid for 14 days from its date and is subject to stock availability and to manufacturers’ prevailing prices at the time of acceptance.

A binding contract comes into existence when you accept the quotation — by paying it (in full or the stated deposit), or by written acceptance or purchase order which we confirm — whichever happens first. Any terms printed on your purchase order that conflict with these terms apply only if we accept them in writing.

Before you pay, you always have the full written quotation in front of you — you can review every line, ask us to correct any mistake, and simply not proceed, as section 43(2) of the ECT Act requires. You receive an emailed record of your enquiry, the quotation and your payment confirmation, so you can access and keep a full record of the transaction; copies are available from us on request at any time.

Obvious errors in a quotation (for example a misplaced decimal point or a currency error) do not bind us (E&OE); we will correct and reissue the quotation, and you may withdraw without penalty if you do not accept the corrected price.

3. Prices and VAT

All prices are in South African Rand. Quotations state whether VAT (at the prevailing rate, our VAT registration number 4380300550) is included and itemise delivery and any other charges, so the amount you accept is the full amount payable — as required by section 43 of the ECT Act. For export sales, duties, taxes and clearance charges in the destination country are for your account unless the quotation states otherwise.

4. Payment

You can pay an approved quotation:

• online via PayFast, our South African payment service provider, using the payment link we send you or the “pay” button on your quotation. PayFast offers card and instant-EFT payment on its own secure, hosted payment page — your card details never reach our servers; we receive only confirmation of the payment and its reference; or
• by EFT against our invoice, using the bank details and payment reference on the invoice. Beware of invoice fraud: our bank details never change by email alone — if you receive a notice of changed bank details, verify it by phoning us on a number published on this website before paying.

Online payments are made through a payment system that complies with accepted technological standards, as section 43(5) of the ECT Act requires: PayFast is PCI-DSS certified and processes card data entirely on its own infrastructure. Transactions are processed in South African Rand by AAVS, a company domiciled in South Africa, which remains responsible for the goods, delivery, support and any disputes.

Unless the quotation grants credit terms in writing, payment in full is due before goods are ordered from the manufacturer or released for delivery. Where credit terms apply, overdue amounts bear interest at the prescribed rate of interest under the Prescribed Rate of Interest Act 55 of 1975, and we may suspend further deliveries until the account is settled.

5. Delivery, risk and ownership

• Delivery is free within 50 km of our Kempton Park premises; beyond that, delivery is quoted and charged as stated on the quotation. Collection by arrangement is welcome.
• Lead times on quotations are our best estimates based on manufacturers’ information. We will keep you informed of changes, and if an agreed delivery date is missed by an unreasonable margin you may cancel the affected items as the CPA provides; but we are not liable for losses caused by manufacturer or carrier delays beyond our control.
• If we cannot supply goods you have paid for, we will tell you promptly and refund the affected amount in full within 30 days.
• Risk in the goods passes to you on delivery (or on handover to your nominated carrier for export sales). Ownership passes only when we have received payment in full — until then you must keep the goods identifiable and insured, and may not on-sell them outside the ordinary course of your business.
• Check consignments on arrival and note visible damage or shortages on the delivery note. Tell us in writing within 7 days of delivery about transit damage or shortages; this does not affect your CPA rights in respect of defects.

6. Cooling-off for online consumer purchases

If you are a natural person who paid for goods through this website’s electronic payment channel, section 44 of the ECT Act gives you the right to cancel the transaction within 7 days after delivery (or, for services, within 7 days of concluding the agreement) without reason and without penalty. We will refund the price within 30 days of cancellation; the direct cost of returning the goods is your only charge. This right does not apply where the exceptions in section 42(2) of the ECT Act do — most relevantly, to goods made or configured to your specifications (for example actuated valve assemblies built, machined, coated or set to order) or to goods that by their nature cannot be returned. It also does not apply to juristic persons buying business-to-business.

7. Returns, defects and warranties

Consumers (CPA)

Where the CPA applies, you are entitled to goods that are safe, of good quality and fit for purpose. If goods fail to meet that standard within 6 months of delivery, you may return them and choose repair, replacement or a refund (CPA section 56). If you told us the particular purpose the goods were for and we confirmed their suitability, you may return goods that turn out to be unsuitable within 10 business days as section 55(3) provides. These rights are in addition to any manufacturer warranty.

Manufacturer warranties

Goods carry the manufacturer’s standard warranty, which we pass on to you and administer on your behalf. Warranty claims typically require the goods to have been stored, installed and operated within the manufacturer’s published limits; corrosion, cavitation, water hammer, unsuitable media and unauthorised modification are commonly excluded by manufacturers. Contact sales@aavs.co.za with the serial/stock code and a description of the fault to open a claim.

Business purchases

For business-to-business sales outside the CPA, non-defective goods are returnable only with our prior written agreement and, where the manufacturer levies one, subject to the manufacturer’s inspection and restocking charge, which we will disclose before you commit to the return. Goods procured or fabricated to your specification are not returnable unless defective. It remains your responsibility to ensure the goods you order are suitable for the intended application unless we have confirmed suitability in writing against your stated operating conditions.

8. Liability

Nothing in these terms excludes or limits liability which cannot lawfully be excluded or limited — including liability under section 61 of the CPA for harm caused by unsafe or defective goods, liability arising from gross negligence (CPA section 51), or fraud.

9. Events beyond our control

Neither party is liable for failure or delay caused by events beyond its reasonable control, including power or telecommunications failures, load-shedding, strikes, port or customs delays, manufacturer supply interruptions, epidemics, war or acts of state. The affected party must notify the other promptly, and obligations are suspended while the event continues. If it continues for more than 60 days, either party may cancel the affected order, and we will refund amounts paid for goods not delivered.

10. Complaints and disputes

Email admin@aavs.co.za with your quotation or invoice reference; we acknowledge complaints within two business days and aim to resolve them within fourteen. If we cannot resolve a consumer dispute, you may refer it to the Consumer Goods and Services Ombud (www.cgso.org.za), the National Consumer Commission, or a consumer court — these terms do not limit access to any forum the CPA gives you.

11. Governing law and general

These terms and every contract under them are governed by the law of the Republic of South Africa, and the parties consent to the jurisdiction of the South African courts (including the Magistrates’ Courts). If you purchase as a consumer from another country, you keep any protections of that country’s law that cannot be excluded by agreement. If any provision is unenforceable the remainder stands. A quotation may add to or vary these terms for a specific transaction; in case of conflict the quotation prevails. Email is valid for all notices under these terms, as the ECT Act contemplates.