Terms and Conditions 2025

Winx Systems (Pty) Ltd. will not take responsibility for or be liable for any prior installation that was not done by us.

Please note the link quotation submitted is a quote/estimate and the company has the right to adjust the quotation if any additional information comes to light before work is commenced, this includes any errors on the quotation. The new quotation will be adjusted and sent for review to the customer.

• We require a minimum 70% deposit on acceptance of our quotations, this can be raised to 80% depending on the material cost of the job, and a balance to be made on         completion of the work.
• All our quotations are valid for 24 hours up to 7 days from the date of issue and our quotes do not cover any unexpected expenses.
• By agreeing to our quotation, in the form of payment, you have agreed to our Terms and Conditions.
• No accounts will be allowed. Property Agents, Property Managers, Body Corporates to settle invoice on presentation.
• All goods will remain the property of Winx Systems (Pty) Ltd. until payments are fully paid.

Inverters – Battery Backup Systems. Winx Systems (Pty) Ltd. only install our inverter and batteries. We offer no warranties on batteries. Please note the warrantee of inverters does not cover damage due to overload conditions. Lead acid batteries not covered on warrantees due to loadshedding conditions. Warranty void if inverters were installed by a non-competent or qualified electrician. Certificate of compliance needs to be presented. Inverters-stock ordered on special request is irrevocable with no cancellations or credit returns allowed. Note: Backorders on inverters or batteries are irrevocable.

Compliance certificates:
We will not issue the compliance certificate until payment is fully made or an arrangement has been made by yourself, and Winx Systems. We take the utmost care in our workmanship and offer 3 months guarantee on all our workmanship. When we cut on / chase our pipes etc., we are not responsible for the plastering and painting of the walls, floor, and ceiling.

1. DEFINITIONS
1.1 In these conditions:
1.1.1 Winx Systems (Pty) Ltd. is situated in KwaZulu Natal.
1.1.2 “The Client” shall mean the person, firm, association, company, or close corporation requesting the Services and or Goods from Winx Systems (Pty) Ltd.
1.1.3 “The Quotation” shall mean Winx System’s quotation form which is completed at or about the time an enquiry is received from the customer.
1.1.4 “The Goods” shall mean the goods to which this document relates and remain the property of Winx Systems (Pty) Ltd until fully paid for.

2. CONSTITUTION OF CONTRACT
2.1 The particulars endorsed in the quote read with these conditions of sale shall constitute Winx Systems (Pty) Ltd. offer.
2.2 The client’s acceptance of the offer shall be expressed to Winx Systems (Pty) Ltd. by way of acceptance of the quote, through the form of payment the conditions of trade being duly signed, and receipt of the deposit paid by the client. Once a job card is signed is also acts like a waterproof contract and acceptance of our Terms and Conditions.
2.3 These grants constitute the sole agreement between the parties and the client accepts that it did not enter into the agreement as a result of any oral statements, recommendations, figures, advice, specifications, price quoted, acceptances, representations, or warranties of any kind whatsoever, save and except as precisely set out in the quote and herein.
2.4 Winx Systems (Pty) Ltd. reserves the right to institute changes and amendments to any of the terms contained herein, subject to reasonable notice thereof having been given to the client in writing. Specifications are subject to change without prior notice.
2.5 By accepting the quote, the client accepts that it has read and understands the terms, conditions, notice periods and disclaimers contained herein and agrees to be obliged thereby.

3. QUOTATIONS & PAYMENT
3.1 Prices quoted are valid for a period of 7(seven) days from date of issue. The price quoted may however be subject to increase, due to circumstances beyond the control of Winx Systems (Pty) Ltd., which will be expressed to the client. Prices may change without prior notice.
3.2 Winx Systems (Pty) Ltd. shall deliver goods and/or services as set out in the quote, unless otherwise changed to the agreement between the parties and reduced to writing. Any modifications requested by the client after acceptance of the quote may result in additional expenditure, the cost of which shall be shouldered by the client.
3.3 A deposit of 70% of the quoted sum is payable on acceptance of the quotation.
The balance is payable BEFORE ISSUING OF CERTIFICATE OF COMPLIANCE by Winx Systems (Pty) Ltd. The deposit may be increased due to the cost of the materials.
The balance is payable before the completion of the project, our technician will notify the client prior to completion. Failing to make payment as agreed will result in the project being set on hold until the balance of the accepted quote has been reserved by Winx Systems (Pty) Ltd. If in any case the client refuses to pay the balance Winx Systems (Pty) Ltd. has the full right to enforce legal action against the client, which will result in additional penalties and legal fees.
3.4 Although Winx Systems (Pty) Ltd. endeavors to ensure that the prices reflected in the quote are correct, it will not be obliged to any price that contains an inadvertent and/or obvious error.
3.5 All payments must be made directly to Winx Systems (Pty) Ltd.
Bank Name: First National Bank | Account Holder: Winx Systems | Account Number: 6279 6181 627 | Account Type: Business Current | Branch Code: 260150 | Swift Code: FIRNZAJJ
3.5.1 Interest at the prevailing rate will accrue on all payments not received within 30 (thirty) days from the date of invoice.
3.5.2 Progress payments, for project related work, must be made at each stage of the installation. A written quote will be submitted to the client setting out the payment plan.
3.6 If any payment is not made on the due date the client shall forfeit any discount allowed to it and the full purchase price shall then become due, owing, and payable.
3.6.1 Addition: 15% handling charge levied on all goods returned correctly supplied. Overdue payment will incur statutory interest charge at 10% of the invoice total after every 30 days.

4. CALL OUTS / RATES
4.1 In the event of a call out, during hours: 8:00 – 17:00 Monday – Friday, normal rate applies. Winx Systems charge a minimum of 2 (two) hours for the service and there afterwards, an hourly rate will apply.
After-hours rate: Call out fee will be charge, and afterwards additional rate will apply. The aforementioned fee excludes any materials used.
4.2 The initial call out fee must be paid in cash/ debit or credit card or via eft upon Winx Systems completion on site. Payment is required on completion of work.
4.3 Any additional fees are due and payable within 1 day from date of invoice. All goods remain the property of Winx Systems until paid for in full.

5. WORKS
5.1 Winx Systems reserves the right to refuse the provision of goods and/or services until the full deposit as well as the signed quote and conditions of trade have been established and cleared by Winx Systems. An email is also deemed as accepting the quote and terms and conditions.
The client confirms that it will not hold Winx Systems accountable for any loss or damage, of any kind, suffered caused by the client’s failure in timeously providing Winx Systems with the above-mentioned deposit and signed documentation.
5.2 Winx Systems undertakes to provide the client with the goods described in the quote and will advise the client should any of the goods be superseded, replaced, discontinued, or otherwise become unavailable.
Winx Systems however reserves the right to provide the client with alternative goods of a similar quality, at prevailing prices to those ordered by the client. The client, by authorizing such goods, will accept that they will be provided in substitution for the goods initially quoted.
5.3 It is the responsibility of the client to arrange and appoint any other professional that may be required to complete any further work (for example a carpenter, builder, tiler, painter, plumber).
When we cut on / chase our pipes etc., we are not responsible for the plastering and painting of the walls, floor, and ceiling.
5.4 If the client is not on site, Winx Systems will endeavor to contact the client in order to inform it of any goods and/or services exceeding that agreed upon.
To the extent permitted by law, should Winx Systems be unable to contact the client, the client agrees that Winx Systems may continue with the provision of any additional goods and/or services so as to not interrupt Winx Systems schedule and/or that of the project.
The client further confirms that it will be responsible for all additional costs acquired in the provision of goods and/or services which are due and payable within 2 (two) days of the date of invoice.
5.5 Unless the client has authorized Winx Systems to attend to the complete repair and/or maintenance of an installation, together with replacement all inferior/unsuitable materials thereby rendering it compliant, Winx Systems, responsibility will extend to the services set in the quotation only.
To the extent allowed by law; no warranties will be furnished in detail of the above-mentioned repair and/or installation or if the installation is older than 6 (Six) months at date of repair and/or installation.

6. CANCELLATION & SUSPENSION OF DELIVERIES
6.1 Winx Systems reserves the right to enforce a cancellation fee in the event of the client’s cancellation of services and/or goods after acceptance thereof.
6.2 If any amount due and owed by the client to Winx Systems is in arrears, Winx Systems shall have the right, until such an amount has been paid, to suspend any deliveries under this and/or any other contract then in force between Winx Systems and the client.
6.3 Once our services are no longer needed, the client then uses another electrician, all work, warranties etc. done will be null and void. Winx Systems no longer takes responsibility for any loss or damages for any other electrician work.

7. RISK AND PASSING OF OWNERSHIP
7.1 All goods remain the property of Winx Systems until paid for in full.
The client accepts that it shall be liable for any loss sustained by Winx Systems due to the client’s failure to secure the goods after delivery. The client acknowledges that it shall be responsible for the full replacement value of the goods and shall reimburse Winx Systems within 1 (One) day of the date of the invoice.
7.2 The client is not entitled to sell or dispose of any unpaid goods without the prior written consent of Winx Systems.
7.3 Unless otherwise agreed in writing between the parties, all surplus materials remain the property of Winx Systems.

8. DISCLOSURE/PRIVACY OF INFORMATION
8.1 The client agrees for Winx Systems to:
8.1.1 Furnish Winx Systems with all personal information requested by Winx Systems in order to assess the credit worthiness of the client, which information may include but is not limited to identity number of the client and/or directors/members if the client is a juristic person. Winx Systems reserves the right to withhold the provision of the services until such time as it receives the aforementioned personal information.
8.1.2 obtain from a credit reporting agency a credit report containing personal credit information in order to verify the client’s credit worthiness.
8.1.3 may exchange personal information about the client with any credit providers requesting same,
8.2 Winx Systems confirms that all personal information collected shall be confidential and will only be disclosed:
8.2.1 in order to comply with applicable law or with legal process served on Winx Systems.
8.2.2 in order to protect and defend the rights or property of Winx Systems.
8.2.3 with employees and/or third parties who assist us in providing services to you and thus require your personal information in order to render a proper and efficient service. We will ensure that all such employees and third-party service providers having access to your personal information, are bound by confidentiality agreements.

9. LIMITATION OF LIABILITY
9.1 Winx Systems, to the extent allowed by law, shall not be liable for any loss, harm and/or damage, of any kind, suffered by the client if the above-mentioned, which may include but is not limited to, results from the client’s failure to adhere to usage, installation and/or warning instruction furnished by Winx Systems or Manufacturer of goods.
9.1.1 Results from the client’s failure to advise Winx Systems about existing or previous difficulties or defects in respect of an existing installation. Winx Systems cannot be held liable for any additional repairs/maintenance when working on part of the installation. The client acknowledges its obligation to advise Winx Systems thereof as we may not be able to identify such issues due to the nature of electrical installations; or is beyond the reasonable control of Winx Systems.
9.1.2 When drilling, chasing (cutting) through walls, floors, ceilings, no responsibility will be placed on Winx Systems or owner and workers if any damage is done to the infrastructure. This means if any water pipes, data, alarm, aircon pipes are damaged Winx Systems are not liable for any costs.
We try our best to determine if any pipes are behind the walls, ceilings, floors but cannot always be 100% certain. Is beyond the reasonable control of Winx Systems.

10. BREACH
10.1 Should the client:
10.1.1 fail to pay any amount due under this or any other agreement on the due date thereof.
10.1.2 allow any judgement against him/it to remain unsatisfied for (7) days.
10.1.3 commit any act of insolvency or enter into a compromise with their creditors.
10.1.4 be placed under provisional or final liquidation or judicial management or voluntarily surrenders his estate. Winx Systems shall, without prejudice to and in addition to its other legal remedies be entitled to, give the client notice to rectify such breach within 7 (Seven) days and if not so rectified within the aforementioned notice period elect to cancel the agreement or any unfulfilled part thereof and claim payment of the full price or the balance thereof as the case may be.
10.2 In the event of the client hindering Winx Systems in the process of removing its goods from the client’s property, thereby demanding the obtaining of a court order, Winx Systems shall be entitled to obtain an award of costs against the client on a punitive scale.

11. DISPOSAL OF PARTS
Clients are required to specify whether they require the return of any old part(s) after completion of a repair.

12. DOMICILIM
12.1 The client accepts as it domicilium citandi et executandi (service address) for all purposes hereunder the address as set out in the quotation.

13. LEGAL CHARGES
13.1 In the event of Winx Systems instructing its attorneys to recover money or the goods from the client, the client shall be liable for and pay all legal costs (“on an attorney and client basis”) incurred by Winx Systems and including collection commissions.

14. INTERPRETATION AND JURISDICTION
14.1 The contract shall be interpreted according to the laws of the Republic of South Africa.
14.2 The client consents to the jurisdiction of the Magistrate’s Court of the district of KwaZulu Natal.
14.3 The client agrees that no indulgence whatsoever by Winx Systems to enforce any of the rights in terms of this agreement shall constitute a waiver by the supplier in respect of any of the rights contained herein. Under no circumstances will the supplier be prevented from exercising any of its rights in terms of this agreement.
14.4 If any establishment of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality, and enforceability of the remaining provisions shall not be affected, prejudiced, or impaired.

NOTE: All material remains in the property of Winx Systems until full and final payment has been received. Winx Systems reserves the right to pull out and remove all electrical material from the site, in whatever manner if full payment has not been received. By accepting the quote / invoice or job card and paying the deposit (if any) the Client acknowledge and accept the terms and conditions.

 Updated 19 December 2024