1. General:
1.1. These Terms and Conditions shall apply to every quotation, order
and agreement between Fireblock cc (“Fireblock”) and, the
Customer, and shall also apply to any products supplied to the
Customer by third parties engaged by Fireblock.
1.2. Fireblock reserves the right to amend Terms and Conditions as
necessary.
1.3. Any reference by the Customer to its own purchasing terms, or
other terms and conditions, shall not be accepted by Fireblock and
shall not be incorporated by reference into these Terms and
Conditions.
1.4. These Terms and Conditions are governed by the laws of the
Republic of South Africa.
1.5. If any provision of these Terms and Conditions is rendered void,
illegal or unenforceable in any respect under any law it shall be
severable from these Terms and Conditions, and the validity, legality
and enforceability of the remaining provisions shall not in any way
be affected or impaired thereby.
1.6. Any indulgence of extension of time granted by Fireblock to the
Customer shall not be construed as a waiver or variation of any of
Fireblock’s rights or remedies.
1.7 Products as stipulated in the terms and conditions, for ease of
reference, will mean all and every good, equipment, items and
services provided by Fireblock.

2. Quotations:
2.1. All prices quoted by Fireblock exclude Value Added Tax.
2.2. Any quotation by Fireblock is valid and open for acceptance for a
period of 30 (thirty) days from the date of the quotation, unless
Fireblock agrees otherwise in writing.
2.3. Any quotation provided by Fireblock may be affected if there is any
change to:
2.3.1. the quantities of products to be ordered;
2.3.2. ruling exchange rates, any duties and surcharges levied by the
relevant authorities, and applicable transport costs and clearing
agent charges applicable as at the date of the quotation;
2.3.3 Fireblock accordingly reserves the right to revise the prices charged
for certain products in the event that any of the factors listed above
changes between the date of the quotation and the date on which
the Purchase Order is received from the Customer. The Customer
will be notified in writing of such changes.

3. Acceptance of Quotations/Placing of Orders:
3.1. The Customer may accept a quotation and place an order, by
returning a Purchase Order document to Fireblock.
3.2. The placing of any order regarding any products offered by
Fireblock shall be deemed to constitute acceptance of these Terms
and Conditions.

4. Payments
4.1 Fireblock may, at its sole discretion, provide credit facilities to
certain of its Customers. Provided that the Customer meets
Fireblock’s credit requirements and conditions, the Invoiced
Amount shall be payable by the Customer within 30 (thirty) days
from the date of statement.
4.2 Fireblock reserves the right to request a deposit of 50% or full
payment from the Customer before work commences for orders
which are subject to the Customers Specific requirement or do not
ordinarily comprise part of Firelock’s product offering, or have to be
specifically imported. These terms will be communicated via the
quotation.
4.3 Notwithstanding clause 4.1 above, the full price for any product
must be paid in advance of delivery.
4.4 All payments made by the customer and other amounts due shall
be paid in full, without any deductions or set-off, and excludes the
cost of any bank charges directly to Fireblock bank account as
indicated on the invoice.
4.5 The Customer must provide proof of payment of any invoiced
amount or deposit to Fireblock via email on accounts@fireblock.co.za
4.6 Fireblock shall be entitled to charge interest on any amount not paid
on the due date for payment, as per invoice or contracts in place, at
the Prime Rate plus 2% (two per cent) calculated from the due date
for payment until the date of payment, both days inclusive.
4.7. Any payments received from a Customer shall be applied to the
Customer’s indebtedness with the Company at Fireblock’s sole
discretion.

5. Carriage:
Unless otherwise specified, prices quoted exclude courier, transport
or postage cost, these costs are for the Customer’s account.

6. Penalties and Damages:
6.1. In the event that a Customer cancels a Purchase Order on a date
after Fireblock has placed an order with a third party supplier, then
Fireblock shall be entitled to:
6.1.1. retain any deposit paid by the Customer; or
6.1.2. charge the Customer costs that may have been incurred by
Fireblock as a result of any cancelled order, including an
administration fee,
6.2. In the event that the Customer purports to cancel an order which
was placed in relation to any product to be specifically
manufactured or modified to the Customer’s specifications,
Fireblock shall be entitled to refuse to return any amounts paid in
connection with such order, and no credit shall be granted on the
return of such product.

7. Delivery and Risk:
7.1. Delivery times provided to the Customer are of an indicative nature
only. Accordingly, Fireblock shall not be liable for any delays in
circumstances where it has not expressly guaranteed a delivery time
or date. The Customer shall not be entitled to terminate these
Terms and Conditions or cancel any order, nor shall Fireblock be
liable to the Customer for any loss or damage arising from a delay in
delivery of any order.
7.2. Fireblock cannot always guarantee the availability of products.
7.3. Damage or Loss in transit:
7.3.1. Fireblock shall accept responsibility for any damages or shortages in
or loss of products in transit only where it delivers the goods, and
provided that the Customer reports such damage, shortage or loss
in writing within 7 (seven) days of the delivery date.
7.3.2. The risk in respect of products purchased passes to the Customer
when the order is collected from Fireblock’s warehouse by the
Customer or by a third party nominated by the Customer. The
Customer shall take out the appropriate insurance cover in respect
of said products in transit.
7.4 Should orders not be collected within 14 (Fourteen) days of written
notice to collect, storage will be charged daily including weekends
and public holidays at a square metre (m2) rate of R10.00 per square
metre per day.
STANDARD TERMS AND CONDITIONS
OF SALES AND USE

8. Additional Services:
All quotations exclude Fireblock’s charges with regard to the
installation, unless specifically specified on the quotation and
associated invoice.

9. Ownership:
9.1. Ownership of the Product shall pass to the Customer when the total
price in respect of the Products purchased have been paid in full and
received by Fireblock.
9.2 Notwithstanding the provisions in clause 9.1 above, risk in the
Products shall pass to the Customer on the date of delivery,
including the risk of loss, theft, destruction or damage.

10. End Use:
The Customer is solely responsible for confirming the suitability of
any product for the use contemplated by the Customer.

11. Tolerances:
All products supplied by Fireblock, will be manufactured within
limits and tolerances which are reasonable in the trade and meet
any regulatory standards which may be applicable in law.

12. Warranties:
12.1. Fireblock will use its best endeavours to ensure that products are
supplied in working order and compliant with applicable
specifications.
12.2. In no event shall Fireblock be liable towards the Customer for any
other indirect, incidental, or consequential losses or damages
including but not limited to loss of income, loss of business
opportunities or loss of profits howsoever arising.
12.3. The Customer hereby indemnifies and holds Fireblock harmless from
any claim, liability, cost, expense, or penalty suffered or incurred as
a result of the Customer not installing or using the Products in
accordance with Fireblock’s instructions.
12.4. Fireblock shall not be liable to the Customer for any claim, liability,
cost, expense or penalty suffered or incurred as a result of the
Customer failing to maintain or service the Products in accordance
with Fireblocks instructions or having repairs, maintenance or
servicing carried out on the Products by any party other than by
Fireblock or a third party approved by Fireblock in writing.
12.5. The warranty does not cover any defect or damage upon:
(a) the products have been subject to normal use in a manner which is
consistent with the specification, functionality and service
standards described in the relevant products description
(b) the fault has not been caused or contributed to by wilfully or
negligently caused damage, or any accident, or being in
environmental conditions harmful to the product which has not
been supplied by Fireblock and/or the relevant manufacturer;
(e) Any use of the product otherwise than for any application specified
on a quotation, proposal or order form.
(f) The continued use of the product after any defect becomes
apparent or would have become apparent to a reasonably prudent
operator or user.
(g) Fair wear and tear.
(h) Any accident or act of God.
(i) Any alteration (incl labelling) or unauthorised repair of the product,
any changes of the consistency of the product, or any dilution of the
product.
(j) any product not operated or maintained in a manner which is
consistent with Fireblock’s or the manufacturers operating
instructions; and
(k) any product that is not operated by persons suitably trained to use
same.
12.6. Fireblock warrants that any product supplied by it shall be free from
defects in workmanship which may arise during a period of 1 (one)
year, determined from the date on which the product is invoiced
(“Warranty Period”), subject to the following provisions:
12.7 Fire Fighting Products in dry powder form.
12.7.1All products falling under clause 12.7 are not guaranteed by
Fireblock, due to the mixing process and water used. All attempts
have been taken by Fireblock to advise how the product should be
mixed, stored and used on the website www.fireblock.co.za
12.8 Fire Fighting Gel Products: –
Fireblock guarantees products under clause 12.8 if –
12.8.1the products purchased by the Customer are fit for the intended
purpose,
12.8.2the products have been correctly stored, in accordance with the
manufacturer’s instructions;
12.8.3 the products remain sealed and have not been exposed to the
elements.
12.9 Fire Extinguishers: –
Fireblock guarantees products under clause 12.9 if12.9.1 All fire extinguishers are manufactured in accordance with the
certification marked on the front of the extinguisher. And follow the
warranties of the suppliers.
12.9.2 Fireblock obligation under this warranty, and subject to approval of
the claim by Fireblock or their duly appointed representatives,
Fireblock may repair or replace the product. If a replacement part is
supplied, the Warranty Period remains based on the original date of
delivery of the product to the Customer. This warranty is not
transferable.
12.9.5 All fire extinguishers sold are required by law to be annually serviced
by a registered fire technician, who warrants that it is free of defects
and in good working order.
12.7 The liability of Fireblock shall be limited to the replacement or repair
of the product or any part thereof in order to eliminate any defect
in workmanship or materials, which defects Fireblock shall have
been notified in writing by the Customer within 48 (forty eight)
hours after the defect arises (which notice shall specify the alleged
defect), provided that Fireblock shall have been given a reasonable
opportunity of inspecting any alleged defect and provided further
that:
12.8 The Customer shall provide Fireblock with a copy of the original
invoice for the product. All claims must be accompanied by full
particulars, including operating conditions, if applicable.
12.9 Fireblock Suppression Systems:-
12.9.1 It is recommended that specific products supplied by Fireblock be
installed and commissioned by Fireblock’s technical personnel. Or
an approved installer. Should this option not be accepted by the
Customer, the correct operation of that products cannot be
guaranteed. In this case, the warranty set out could be void and
Fireblock will not be liable for any malfunctioning and/or damage to
said products
12.9.2 Battery manufacturers need to approve of the installation of a
suppression system in writing to the customer, otherwise the
battery warranty may no longer be valid.
12.9.3 Due to the complex nature of the fire initiation and propagation,
suppression and extinguishing of all fires cannot be guaranteed and
Fireblock shall not be liable to the Customer for any claim, liability,
loss, injury, damage, cost, expense or penalty suffered or incurred
as a result of the Products not extinguishing a fire in a vehicle or
machine to which the Products have been installed, nor shall
Fireblock be liable to repair or replace any machinery, parts and/or
inventory damaged as a result of the Product failing to extinguish
such fire.
STANDARD TERMS AND CONDITIONS
OF SALES AND USE
12.10 Save for the aforementioned warranties, Fireblock gives no further
warranties of whatsoever nature in relation to the products sold
and/or the services provided in terms of these Terms and
Conditions.

13. Indemnities:
13.1. Save as expressly set out herein, Fireblock shall under no
circumstances whatsoever be liable to the Customer, including,
without limitation, as a result of or in connection with Fireblock ’s
negligent (including grossly negligent) acts or omissions or those of
its employees, agents or designees or other persons for whom in
law it may be liable (in whose favour this constitutes a contract or
undertaking for their benefit), for any indirect, incidental, special or
consequential loss or damage of any kind whatsoever or howsoever
caused (whether arising under contract, delict or otherwise and
whether the loss was actually foreseen or reasonably foreseeable),
sustained by the Customer, any other recipient of the products, or
any other person arising from or as a result of any sale concluded in
terms of these Terms and Conditions, the delivery, non-delivery,
incorrect, erroneous or late delivery, the use, operation, possession
or consumption of the products.
13.2. The Customer hereby agrees that it will indemnify Fireblock and
hold Fireblock harmless and fully indemnified from and against any
loss or damage suffered or liability incurred, including without
limitation in respect of any claim or demand by any third party by
reason of any act or omission on the part of the Customer or that of
any employee, agent or representative acting on its behalf in
connection with orders placed in terms of these Terms and
Conditions and/or in relation to receipt of products supplied by
Fireblock pursuant to any such order.

14. Returns:
14.1. Goods may only be returned for credit if authorised in writing by
Fireblock.
14.2. Fireblock will only consider accepting products for credit if notified
by the Customer in writing within 7 (seven) days after date of
invoice.
14.3. Save for goods returned due to defects or issues in workmanship,
Fireblock shall be entitled, at its discretion, to charge a minimum
handling charge of 15% (fifteen percent) of the quoted price of a
product returned to Fireblock for credit. These good are required to
be returned in the original packaging which is not damaged.
14.4. Save for goods returned due to defects or issues in workmanship, all
costs associated with returning such products to Fireblock shall be
for the account of the Customer.

15. Responsibility:
It shall be the Customer’s sole responsibility to be familiar with
regulations that might concern the installation, storage, use or
disposal of the products or operation of the products ordered. The
Company shall not be held responsible for any penalties or
restrictions from the contravention of any regulatory obligation.

16. Cession or assignment:
Neither Party shall be entitled to cede, assign or delegate any of its
rights and/or obligations which it may have in terms of these Terms
and Conditions to any third party, without the prior written consent
of the other Party.

17 Failure to Perform:
17.1. Should Fireblock fail to perform any of its obligations in terms of
these Terms and Conditions as a result of:
17.1.1.an inability to secure labour, materials or supplies despite having
taken all reasonable steps to procure same;
17.1.2.any act of God, war, strike, lock-out or other labour dispute, fire,
flood or legislation; or
17.1.3.any other cause beyond the control of Fireblock,
17.1.4.then notwithstanding anything to the contrary contained or implied
in these Terms and Conditions, the Customer shall not be entitled
to terminate these Terms and Conditions nor shall it have any claim
of whatsoever nature against Fireblock.
17.2. If, in these circumstances, Fireblock has already partly performed its
obligations, or can only partly perform its obligations, it shall be
entitled to payment for the part already invoiced and delivered, or
the part which can be invoiced and delivered, and the Customer
shall be obliged to pay such invoices as if it were a separate contract.

18. The Fireblock Brand:
18.1. Nothing contained in this Agreement shall be construed as granting
to the Customer any license or other right with respect to the
Fireblock brand.
18.2. The Customer acknowledges that the Fireblock brand shall remain
the sole and exclusive property of Fireblock, and the Customer shall
in no way dispute Fireblock ’s right thereto and shall not in any way
make use of the Fireblock brand without the prior written consent
of Fireblock in each instance.
18.3. The Customer hereby undertakes to and in favour of Fireblock not
to do anything or omit to do anything which may negatively affect
the reputation and credibility of the Fireblock brand and/or the
goodwill of Fireblock.

19. Breach and Termination:
In the event that the Customer breaches any of the terms and
conditions contained in these Terms and Conditions, and fails to
make good the specified default after having been given 7 (seven)
days’ written notice of same and/or fails to pay an amount due and
payable by it to Fireblock , and/or suffers any civil judgement taken
or entered against it, and/or causes a notice of surrender of his
estate to be published in terms of the Insolvency Act No. 24 of 1936
(as amended), and/or suffers its estate being placed under
provisional or final sequestration, liquidation or business rescue
proceedings, then the full amount of the Customer’s indebtedness
to Fireblock shall immediately become due, owing and payable and
Fireblock shall be entitled without prejudice to any other rights that
it may have, either in terms hereof or in law to:
19.1. suspend performance of any of its obligations, (including the
suspension of further delivery to the Customer) under these Terms
and Conditions or any other agreement until such time as payment
is received and/or the breach in question is remedied; and/or
19.2. claim damages and/or enforce payment in full of the balance of the
Invoiced Amount then outstanding together with any accrued
interest and all other costs payable; and/or
19.3. cancel these Terms and Conditions.

20. Settlement of disputes:
20.1. Save as otherwise expressly provided in these terms and conditions,
should any dispute arise between any of the parties in regard to
these terms or any transaction concluded between the parties,
Fireblock shall be entitled, but not obliged, to insist that such
dispute shall be decided by arbitration in the manner set out herein.
20.2. The arbitrator shall be appointed by the parties, and failing an
agreement reached by the parties, shall be nominated by the
Arbitration Foundation of Southern Africa (“AFSA”).
20.3. The arbitration shall be held at Johannesburg, South Africa.
STANDARD TERMS AND CONDITIONS
OF SALES AND USE
20.4. The arbitration shall be held in accordance with the Rules of AFSA, or
if AFSA shall not be in existence, in accordance with the formalities
and procedures settled by the arbitrator, which shall be in an
informal and summary manner, that is, it shall not be necessary to
observe or carry out either the usual formalities or procedure or the
strict rules of evidence, and otherwise subject as aforesaid of the
Arbitration Act 42 of 1965 of the Republic of South Africa and any
statutory modification or re-enactment thereof.
20.5. The arbitrator shall be entitled to:
20.5.1. Investigate or cause to be investigated any matter, fact, or thing
which he/she considers necessary or desirable in connection with
any matter referred to him/her for decision.
20.5.2. Decide the matters submitted to him/her according to what he
considers just and equitable in all the circumstances, having regard
to the purpose of these terms and conditions; and
20.5.3. Make such award, including an award for specific performance, an
Interdict, damages or a penalty or the costs of arbitration or
otherwise as he/she in his/her discretion may deem fit and
appropriate.
20.6. The arbitration shall be held as quickly as possible after it is
demanded, with a view to it being completed within thirty days after
it has been so demanded and the decision of the arbitrator shall be
final and binding on the Parties.
20.7. Notwithstanding anything to the contrary contained herein, Fireblock
shall, in its sole discretion, not be precluded from obtaining relief
from a court of competent jurisdiction.

21. Certificate of Indebtedness:
The Customer hereby agrees and acknowledges that for all or any
purposes whatsoever, including the purpose of any action by
Fireblock against the Customer, either for provisional sentence,
summary judgement or otherwise, a certificate signed by a director
of Fireblock (whose authority it shall not be necessary to prove)
certifying or purporting to certify that an amount is owing by the
Customer to Fireblock , shall be sufficient and satisfactory prima
facie proof of the correctness of the amount or amounts and facts
therein contained.

22. Legal Proceedings and Jurisdiction:
22.1. If it becomes necessary for Fireblock to institute legal proceedings
against the Customer in order to enforce any of its rights, either in
terms of these Terms and Conditions or at common law, the
Customer shall be liable to pay all legal costs, including collection
commission and tracing fees incurred by Fireblock, on the attorney
and own Customer scale.
22.2. Notwithstanding the amount of its claim, Fireblock shall be entitled
but not obliged to institute action against the Customer in any
Magistrates Court the Republic of South Africa and the Customer
shall be deemed hereby to have consented to such jurisdiction.

23. Domicilium:
23.1 Any notices to be given to either party shall be in writing.
23.2 Any notices to be given to the Customer shall be delivered by hand,
electronic mail, sent by fax or by pre-paid registered post, to the
Customer at the address supplied to Fireblock for the purposes of
any quotation offered by Fireblock. Any notices to be given to
Fireblock shall be delivered by hand or sent by pre-paid registered
post to Fireblock at our registered office which is:
352 Larsen Road Muldersdrift 1746

24 Acceptance of Electronically generated Supporting Documents
24.1. The Customer agrees to accept the receipt of electronic format
Statements, tax invoices, shipment documents (proof of delivery),
credit and debit notes from Fireblock, which will be transmitted via
email, and the following conditions thereto as required by South
African Revenue Services and in terms of the provisions of the
Value-Added Tax Act for the issuing of tax invoices, credit, and debit
notes:
24.2. The transmitted electronic document will constitute the original
statement, tax invoice, credit, or debit note. No other tax invoice,
credit or debit note will be issued in respect of any specific delivery,
unless as a copy of the original document.
24.3. Should the Customer have a valid reason to dispute an entry raised
on the tax invoice, it shall do so within 14 (fourteen) days of the date
of Fireblocks invoice to the Customer, failing which such entry shall
be deemed to be correct and payable.

25. Change of Information
25.1 The Customer undertakes to notify Fireblock in writing within 7
(seven) days of any change of address or ownership.

26. Consent to Sharing Information and Retention Periods
26.1. For the purposes of making credit risk management decisions and
preventing fraud, the Customer hereby warrants that Fireblock has
consent to:-
26.1.1.Carry out a credit enquiry on the Customer and the Directors/
Members/Partners/Trustees/Principals of the Customer from time
to time with one or more credit bureaus, credit information agents,
credit insurance companies or other creditors (trade references) of
the Customer in terms of this agreement.
26.1.2. Fireblock may transmit details to credit bureaus, credit information
agents, credit insurance companies or other creditors of the
Customer of how the Customer has performed in meeting
his/her/its obligations in terms of this agreement.
26.1.3. If the Customer fails to meet his/her/its commitments to Fireblock,
Fireblock may record the Customer non-performance with credit
bureaus, credit information agents, credit insurance companies or
other creditors of the Customer.