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Terms and conditions

1. In these terms and conditions the following words shall have the following meanings: “the Company” shall mean Virtual Africa Limited” “the goods” shall mean products, articles, services or components offered /provided by “the Company”

2. All the terms of the agreement between the Customer and the Company are contained in this document. By giving/placing an order with the Company, the customer agrees to all these terms and conditions.

3. It is agreed that no variation to the agreement shall be deemed binding by either party unless it has been accepted in writing by both parties

4. Once the Order Confirmation document has been signed The Customer and a non refundable deposit of 33% of the total contract price has been paid to the Company, a Legally binding contract shall be deemed to exist in respect Of the order details given overleaf and the customer agrees not to cancel the contract.

5. If the Customer chooses to cancel or refuses to accept Installation of the Goods, or otherwise breaks these terms, The Company may, at its sole discretion choose to treat the  

6. Whether or not the Company decides the contract is at an end the Customer agrees to pay the Company such sum as is necessary to cover the Companies losses incurred as a result of the cancellation of the contract.

7. The non-returnable deposit will be used to discharge this liability subject to the companies right to claim further sums

8. The Customer agrees to settle the balance of any payments prior to the completion of any works or delivery of goods

9. The company will deliver or install goods on or before the delivery date detailed in the order Confirmation.  If subsequent to the customer signing the Order Confirmation the Company is required to alter the delivery date it will be able to do so without penalty.

10. Any discounts detailed on the Order Confirmation will only be applicable if the payment terms detailed above are complied with.  If these payment terms are not complied with then the Company reserves the right to charge the undiscounted

11. If the customer fails to make payment in accordance with the above terms the company shall be entitled to charge interest at the rate of 5% above the Royal Bank of Scotland base rate on the outstanding amount until the balance is paid in fill. Furthermore the Company may suspend any work until such Payment with interest has been made

12. All Goods supplied by the Company shall remain the property of the Company until paid for in full by the Customer.  Once any Goods have been delivered to site the Customer will be responsible for the Goods and any loss or damage to the Goods, save for any loss or damage caused by the Company.

13. The installation of the product will be carried out to the specification and design of the Company and in a manner considered suitable by the Company.  The Company reserves the right to install Goods Incorporating any necessary improvements or in a modified manner.

14. Promotional literature, illustrations, samples and displays are for demonstrating and guidance only.  These items do not form part of any agreement.

15. In the event of any minor defect or minor damage the Customer agrees not to withhold from the purchase price an amount that is greater than reasonably related to the minor damage or defect. If the Customer withholds more than a reasonable sum then any right to a discount shall be lost and the full purchase price paid.  In addition the Company reserves the right to charge interest on any outstanding balance

16. The colours of the timber and thatched roof may vary from structure to structure 

17. Where timber is supplied as part of the Goods the Company will not accept responsibility for any cracking, timber shrinkage, warping or movement

18. A quotation by the company is an invitation to treat and not an offer.  The Company may amend or withdraw any quotation at any time prior to written acceptance by the Customer

19. All quotations are valid for a period of 12 weeks from the quotation date

20. Any clerical errors or typographical errors in the specification of any Goods may be corrected by the Company without penalty

21. The Company reserves the right to amend its quotation and to charge for any extra work required if alterations or modifications to the site or specification take place after a quotation has been provided

22. It is the responsibility of the customer to ensure that a 13amp power Supply is available

23. Unless otherwise agreed in writing the quotation does not include the cost of scaffolding.  The Customer agrees to meet the cost of Scaffolding to current Health and Safety requirements, its erection, dismantling and transport if scaffolding is required for the proper and Safe installation of the items ordered

24. Unless otherwise agreed the quotation does not include the cost of any electrical works

25. The customer will give the Company’s representatives free access to the premises at reasonable times during the Companies working week for the purpose of carrying out the supply of Goods

26. Complaints must be notified to the company within five working days of the completed structure

27. Where the Company’s representatives are required to return to complete any remedial work the Customer will arrange for access to be given within 7 days of any request by the Company.

28. It is the customer’s responsibility to ensure that any Goods supplied by the Company comply with any local byelaws or regulations concerning planning permission or building construction regulations.  The Company will accept no liability for Goods installed that subsequently require Planning Permission

29. The customer accepts and acknowledges that there are risks of damage when building works are effected on a property

30. Goods supplied by the Customer which the Company has been asked to install or handle remain the responsibility of the Customer at all times and the Company shall in no case accept liability to the Customer for any consequential loss or damage of any kind, however the damage is caused, other than in the respect of which liability cannot lawfully be excluded.  No guarantee is given or implied to the performance of Goods supplied by the Customer

31. The Company shall not be liable for any failure or delay in delivery of Goods as a result of external factors, beyond their control

32. The Company shall not be liable for any loss of profit, loss of business, loss of goodwill, savings, increased costs, clams by third parties, punitive damages, indirect costs or consequential loss whatsoever or howsoever caused (even if caused by the Company’s negligence or breach of contract and even if the Company was advised that such a loss would probably result) suffered by the customer or any third party in relation to this contract (except for death or personal injury indirectly attributable to he negligence of the Company or in the case of fraudulent misrepresentation) and the customer shall hold the Company fully and effectively indemnified against such loss arising from breach of a duty in contract or tort or in any way including losses arising from the Company’s negligence

33. Except for death or personal injury directly attributable to the negligence of the company or in the case of fraudulent misrepresentation in no circumstances whatsoever shall the Company’s liability (in contract, tort or otherwise) to the Customer arising under, out or in conjunction with this contract or the Goods supplied hereunder exceed the invoice price of the Goods concerned.

34. Upon completion of the works and providing the Customer has complied with their obligations under this agreement, the Company will if appropriate issue a guarantee in respect of the goods supplied by the company. The guarantee is in addition to all rights provided to the Customer by Law.

35. The contract between the Customer and the Company shall be governed by English Law.