Terms and conditions

1.1       No contract will come into existence between the parties until the customer accepts the quotation in writing and supplies Baymont Cape Mining Maintenance (Pty) Ltd with its official order number and receives confirmation.

1.2       Baymont Cape Mining Maintenance (Pty) Ltd reserves the right to make reasonable changes to the design or form of any goods ordered, provided that the stated performance, quality, and specifications of the goods remain unaffected.

The quotation will remain valid for a period of 60 calendar days from the date of the quotation unless otherwise specified or subject to exchange rate fluctuations.

3.1       Payment will be effected as specified on quotation.

3.2       Without prejudice to any other right which Baymont Cape Mining Maintenance (Pty) Ltd will have on breach of contract, any payment not made on due date shall attract interest at a rate two percentage points above the prime overdraft rate, as it fluctuates from time to time, charged by the bankers of Baymont Cape Mining Maintenance (Pty) Ltd. Interest shall be calculated and paid from the due date of payment and shall be compounded monthly in advance.

3.3       In the event of a dispute between the parties on the interest rate charged by the bankers of Baymont Cape Mining Maintenance (Pty) Ltd, a certificate under the hand of any internal auditor or branch manager shall constitute conclusive proof of the interest rates from time to time.

3.4       Irrespective of any provision to the contrary in any quotation, statement, invoice or delivery slip, payment through the postal services shall be at the customers risk and the postal authorities shall be deemed to be the customer’s agent.

4.1       Any delivery and completion date given by Baymont Cape Mining Maintenance (Pty) Ltd is based on the following:

4.1.1    The delivery period shall run from the date on which Baymont Cape Mining Maintenance (Pty) Ltd confirms the customer’s order and has received the agreed credit guarantee or surety bond, whenever the latter applies.

4.1.2    Baymont Cape Mining Maintenance (Pty) Ltd will confirm the order within one working week from the date on which the customer’s written instructions, complete with all technical and commercial details to enable Baymont Cape Mining Maintenance (Pty) Ltd to proceed without interruption, has been received.

4.1.3    The ability of Baymont Cape Mining Maintenance (Pty) Ltd to deliver as agreed is dependent upon the availability of components.

4.2       Should the customer fail to adhere to the time limits, Baymont Cape Mining Maintenance (Pty) Ltd will be entitled to an extension of delivery time and may claim compensation for additional costs occasioned thereby.

4.3       Baymont Cape Mining Maintenance (Pty) Ltd shall in good faith attempt to perform within the stated or specified time in the quotation but shall in no circumstances incur any liability of whatsoever nature to the customer in the event of a failure on the part of Baymont Cape Mining Maintenance (Pty) Ltd to perform timeously.

7.1       The limited warranty provided by Baymont Cape Mining Maintenance (Pty) Ltd runs from the date of delivery or the date on which the customer has accepted goods prior to delivery, whichever occurs first.

7.2       Baymont Cape Mining Maintenance (Pty) Ltd warrants that the goods repaired or supplied by it, will be free from defects, resulting from poor workmanship or faulty material, for a period of twelve (12) months.

7.3       It is clearly recorded that the liability of Baymont Cape Mining Maintenance (Pty) Ltd in terms of this warranty is limited to the replacement or repair, in the sole discretion of Baymont Cape Mining Maintenance (Pty) Ltd, of defective goods or components.

7.4       It is clearly recorded that the warranty is subject to the customer’s installation, testing, adequate protection and use of the equipment supplied in accordance with generally accepted industry norms.

7.5       Baymont Cape Mining Maintenance (Pty) Ltd records, without limiting the generality of the extent of its liability in terms of the above, that it shall not otherwise be liable, either contractually or in delict, towards the customer, its clients, its employees or any third party, for any damages, whether direct, indirect or consequential, which may flow or result from any act or neglect on the part of Baymont Cape Mining Maintenance (Pty) Ltd, its employees, agents or representatives and irrespective of what has given or could give rise to any claim.

7.6       The customer shall hold Baymont Cape Mining Maintenance (Pty) Ltd harmless against claims for which it is not, in terms of the foregoing, liable.

8.1       Baymont Cape Mining Maintenance (Pty) Ltd undertakes to comply with the obligations of a supplier of the equipment supplied as dealt with in particularly section 10 of the Occupational, Health and Safety Act, 85 of 1993, prior to delivery of the equipment.

8.2       The customer undertakes to install, safeguard, use or allow the use of the equipment in accordance with acceptable norms of health and safety with regard thereto and in particular the requirements of the said Act and indemnifies Baymont Cape Mining Maintenance (Pty) Ltd against any liability flowing from any act or neglect after delivery as defined herein.

10.1     Baymont Cape Mining Maintenance (Pty) Ltd confirms the quoted price as fixed and firm in respect of both the labour and component content of the product supplied and within the tender and envisaged delivery period.

10.2     Baymont Cape Mining Maintenance (Pty) Ltd have though allowed for import and customs duties applicable at the date of tender. Any variation to these rates on the date of payment by Baymont Cape Mining Maintenance (Pty) Ltd to its supplier(s) of imported components and material, shall be borne by the customer.

This agreement shall be governed and interpreted in accordance with South African law.

12.1     Transformers and other equipment entrusted to Baymont Cape Mining Maintenance (Pty) Ltd for repair work, shall be kept and handled at the plant of Baymont Cape Mining Maintenance (Pty) Ltd at the sole risk of the customer.

12.2     The limited guarantee in paragraphs 7.2 and 7.3 above only applies to the work which Baymont Cape Mining Maintenance (Pty) Ltd performs in terms of its tender. Unless otherwise agreed to in writing, the customer shall carry the risk of any fault diagnosis.

This quotation is supplied on the express understanding that it is not to be used for any purpose other than for what it is intended. The quotation may therefore not be copied, or its contents communicated to any other person, without the prior written consent of Baymont Cape Mining Maintenance (Pty) Ltd.

Baymont Cape Mining Maintenance (Pty) Ltd carries all normal risk insurance cover for the type of equipment and services offered. Details are available on application. This paragraph is not to be construed as any undertaking to extend the limited warranty given by Baymont Cape Mining Maintenance (Pty) Ltd or to increase the liability of Baymont Cape Mining Maintenance (Pty) Ltd in any manner whatsoever.

Force majeure shall include, for purposes of this agreement but without limiting the generality of the expression, any industrial action (both a strike and lock-out), temporary or extended shortage of labour or materials, fuel shortage, delays in transport, accidents of any kind, any default or delay by any sub-contractor or a supplier of Baymont Cape Mining Maintenance (Pty) Ltd, riot, sabotage, terrorism, political or civil disturbances, secondary industrial action, the elements, any act of God, any act of any state or government or other authority or any factor which could negatively impact on the ability of Baymont Cape Mining Maintenance (Pty) Ltd to perform according to its intention and over which it has no control.

We may change or update our ‘Terms and conditions’ from time to time by updating this page with amended terms. You should check this page from on occasion to ensure that you are aware of any changes.

Last updated December 2023