Installation Terms

This Agreement ("Agreement") governs the installation of products and provision of services by Cape Thermal (Pty) Ltd ("Cape Thermal") and its directly controlled subsidiaries ("Subsidiaries"). By paying for an order, invoice, estimate, or quote, the customer ("Customer") agrees to be bound by these terms.

  1. Definitions:

  • Cape Thermal: Cape Thermal (Pty) Ltd and its directly controlled subsidiaries.
  • Customer: The person or entity purchasing products or services.
  • Products: Goods sold by Cape Thermal.
  • Services: Installation, configuration, maintenance, or other labor provided by Cape Thermal. This includes services related to thermal cameras, security systems, smart home automation, solar/inverter systems, electrified fencing, and IT systems.
  • Order: The Customer's confirmed request for Products and/or Services.
  • Quotation: A written offer detailing the scope of work (SOW) and estimated cost, valid for the period specified on the quotation or, if unspecified, for 7 days.
  • Scope of Work (SOW): A detailed document outlining the specific tasks, deliverables, timelines, and responsibilities for each project.
  • Change Order: A written agreement signed by both parties to modify the original SOW, including adjustments to pricing and timelines.
  • Contract: The final agreement between Cape Thermal and the Customer, including these terms, the Quotation, the SOW, and any subsequent written agreements.

  1. Quotations, Orders, and Pricing:

  • Quotations are based on information provided by the Customer, a site survey (if applicable), and the agreed-upon SOW.
  • Orders are subject to a non-refundable deposit of 60-80% of the total project value, with the specific amount communicated on a case-by-case basis.
  • Orders are confirmed upon receipt of the deposit.
  • Cape Thermal reserves the right to decline or cancel orders at its discretion, with a full refund of the deposit issued if applicable before commencement of work.
  • Prices are as stated in the Quotation and are exclusive of VAT.
  • The remaining balance of the payment is due upon completion of the installation or services, as outlined in the SOW, unless otherwise agreed in writing. Late payment may incur a 2% monthly interest charge or, in some circumstances, the disabling or repossession of the installed equipment. If payment is not received by the due date, Cape Thermal reserves the right to withhold services and/or pursue collections to recover the outstanding amount.
  • Cape Thermal may adjust pricing due to errors, omissions in the SOW or quotation, or unforeseen circumstances beyond Cape Thermal's reasonable control. The Customer will be notified of any changes and may choose to accept the revised price or cancel the order with a full refund of the deposit.

  1. Installation and Services:

  • Cape Thermal will only install and warrant equipment provided by Cape Thermal. Any equipment provided by the Customer will not be covered under warranty or liability.
  • Cape Thermal will perform services with reasonable care and skill in a workmanlike manner, in accordance with the agreed-upon SOW.
  • Services may include installation, configuration, maintenance, and repair for various systems, such as thermal cameras, security systems, smart home automation, solar/inverter systems, electrified fencing, and IT systems.
  • Where Cape Thermal's installations interface with third-party systems or components, Cape Thermal's responsibility is limited to the proper functioning of its own Products and Services. Compatibility and ongoing support for third-party components are the responsibility of the Customer.

  1. Customer Responsibilities:

  • Provide accurate and complete information about the installation site and project requirements.
  • Ensure site readiness, including:
    • Clear and safe access to the work area.
    • Removal of any obstacles that may impede the installation process.
    • Adequate electrical supply and infrastructure as required for the installation.
    • Structural integrity of the building or area where installation will take place.
  • Obtain necessary permits and approvals for the installation and use of the Products, including those related to electrical, solar, or building code compliance.
  • Clearly mark and notify Cape Thermal of the location of any concealed utilities, such as pipes, wires, or drainage systems, before work begins. Cape Thermal shall not be held liable for any damages resulting from the Customer's failure to do so.
  • Comply with any instructions or recommendations from Cape Thermal.
  • For systems involving remote monitoring or data collection, provide necessary access and comply with data privacy regulations.

  1. Delivery, Risk, and Ownership:

  • Risk of loss or damage to Products passes to the Customer upon delivery of equipment to the installation location.
  • The Customer is responsible for inspecting Products immediately following installation or delivery and notifying Cape Thermal of any issues within 24 hours.
  • Ownership of the Products transfers to the Customer upon full payment.

  1. Returns, Refunds, and Exchanges:

  • Cape Thermal does not offer returns or refunds on items that have been installed, customized, specially ordered, or are non-returnable by nature (e.g., opened software), unless they are defective upon arrival.
  • For eligible returns, refunds will be processed within 30 days of the return being accepted, subject to a restocking fee of up to 25% at Cape Thermal's discretion.
  • Exchanges for defective or damaged items will be handled on a case-by-case basis.

  1. Warranty and Support:

  • Cape Thermal honours manufacturer warranties on installed equipment, which are typically for a minimum of 12 months from the date of purchase. Specific warranty details can be found in the product documentation.
  • Cape Thermal's warranty covers defects in installation workmanship for a period of 3 months from the date of completion.
  • Cape Thermal may charge a fee for the costs associated with the removal and reinstallation of equipment being returned to the manufacturer for warranty purposes.
  • This warranty does not cover damage due to misuse, neglect, unauthorized repairs, or external factors (e.g., power surges).
  • Cape Thermal offers 3 months of free off-site support (via phone or email) for system purchases exceeding R30,000.00.
  • Support beyond this period may be subject to additional charges.

  1. Limitation of Liability:

  • Cape Thermal is not liable for any indirect or consequential damages arising from the use or inability to use the Products or Services, including loss of profits, data, or business interruption.
  • Cape Thermal's liability for any direct damages arising from this Agreement shall not exceed the total amount paid by the Customer for the Products and Services under this Agreement.

  1. Force Majeure:

  • Cape Thermal shall not be liable for any delay or failure to perform its obligations under this Agreement if such delay or failure is due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, riots, strikes, government actions, supplier delays, pandemics, or supply chain disruptions.

  1. Dispute Resolution:

  • In the event of a dispute, the parties agree to first attempt to resolve the matter through good faith negotiations.
  • If negotiations are unsuccessful, either party may initiate mediation or arbitration in accordance with the rules of the Arbitration Foundation of Southern Africa (AFSA) in Johannesburg, Gauteng.

  1. Governing Law and Venue:

  • This Agreement is governed by the laws of South Africa.
  • Any dispute arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of Cape Town, Western Cape.

  1. Changes to Terms:

  • Cape Thermal may update these terms from time to time. The latest version will be available on the Company website.
  • Continued use of the services after any changes signifies acceptance of the revised terms.

  1. Severability:

  • If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be severed, and the remaining provisions shall remain in full force and effect.

  1. Entire Agreement:

  • This Agreement constitutes the entire understanding between the parties and supersedes all prior or contemporaneous communications and proposals, whether oral or written.

  1. Insurance:

  • Cape Thermal maintains comprehensive general liability and professional indemnity insurance.
  • The Customer is responsible for maintaining adequate insurance coverage for their property and the installed Products. This coverage should include, at a minimum, property damage, public liability, and product liability insurance, with limits sufficient to cover the value of the installed Products and any potential damages. The Customer shall name Cape Thermal as an additional insured on such policies.

  1. Subcontractors:

  • Cape Thermal may engage subcontractors to perform certain Services. Any subcontractors will be bound by the same obligations of confidentiality and adherence to this Agreement as Cape Thermal. Cape Thermal remains liable for the performance of its subcontractors.

  1. Confidentiality:

  • Both parties agree to keep confidential any proprietary or sensitive information disclosed during the course of this Agreement. For particularly sensitive projects, the parties may enter into a separate Non-Disclosure Agreement (NDA).

  1. Termination:

  • Cape Thermal may terminate this Agreement immediately for cause, including but not limited to:
    • The Customer's breach of any material provision of this Agreement.
    • The Customer's failure to make timely payments.
    • The Customer's insolvency or bankruptcy.
  • In the event of termination by the Customer before completion of the Services, the Customer will be responsible for all costs incurred by Cape Thermal up to the date of termination, including any non-refundable deposits.

  1. Time is of the Essence:

  • Time is of the essence in this Agreement. Both parties agree to perform their obligations under this Agreement in a timely manner.

By entering into this Agreement, the Customer acknowledges that they have read and understood these terms and conditions and agree to be bound by them.


Last updated: 2024/06/29