1. Application
These Terms and Conditions govern all sales of products by Sirair CC (“Sirair”) to approved dealers, distributors and authorised resellers (“Dealer”).
By placing an order with Sirair, the Dealer acknowledges that it has read, understood and agrees to be bound by these Terms and Conditions together with the applicable Sirair Reseller Warranty Policy.
These Terms apply to all quotations, orders, invoices, deliveries and transactions unless otherwise agreed in writing by Sirair.
2. Authorised Resellers
- Only approved Sirair dealers may purchase products under dealer pricing.
- Sirair reserves the right to approve, suspend or terminate reseller status at its sole discretion.
- Dealer pricing is confidential and may not be disclosed to third parties without Sirair's written consent.
2.1 Dealer Competency
The Dealer warrants that all technicians, installers, employees and contractors engaged by it to install, commission, service or repair Sirair products are suitably qualified, competent and legally authorised to perform such work.
Sirair reserves the right to request copies of trade qualifications, certifications, licences or any other reasonable evidence of competency at any time.
Failure to provide satisfactory evidence of competency may result in suspension of warranty support, suspension of dealer status or rejection of warranty claims where inadequate qualifications contributed to the reported fault.
3. Quotations
Unless otherwise stated in writing:
- quotations are valid for 7 calendar days;
- quotations are subject to stock availability;
- prices may change without notice prior to acceptance; and
- quotations do not constitute a binding agreement until accepted by Sirair.
Sirair reserves the right to correct any clerical, typographical or pricing errors.
4. Pricing
All prices are exclusive of:
- delivery;
- courier charges;
- installation;
- commissioning;
- labour; and
- accessories unless specifically listed.
Prices may be amended without prior notice.
5. Payment Terms
Unless otherwise agreed in writing:
- all sales are strictly Cash On Delivery (COD);
- payment must reflect in Sirair's bank account before goods are released; and
- proof of payment does not constitute payment until funds have cleared.
Where credit facilities have been approved, payment shall be made strictly in accordance with the approved credit terms.
Late payments may result in:
- suspension of credit facilities;
- suspension of deliveries;
- suspension of warranty support until accounts are brought up to date; and
- interest being charged at the maximum rate permitted by law.
The Dealer is solely responsible for verifying Sirair's banking details before making payment. Sirair shall not be liable for any loss arising from payments made to incorrect bank accounts resulting from fraud, phishing, email interception or unauthorised banking detail changes.
Any change to Sirair's banking details must be verified telephonically with an authorised Sirair representative before payment is made.
6. Ownership of Goods
Ownership of all goods remains vested in Sirair until payment has been received in full.
Risk in the goods passes to the Dealer upon collection or delivery.
7. Delivery
Delivery dates are estimates only.
Sirair shall not be liable for delays arising from:
- stock shortages;
- courier delays;
- supplier delays;
- customs delays;
- strikes;
- force majeure events; or
- circumstances beyond Sirair's reasonable control.
The Dealer must inspect all deliveries immediately upon receipt. Any shortages or transit damage must be reported within 24 hours. Failure to do so constitutes acceptance of the delivery.
8. Collection of Goods
Products collected by the Dealer or its appointed courier shall be deemed delivered once signed for.
The Dealer assumes all responsibility for transportation after collection.
9. Inspection
The Dealer must inspect all products before installation.
Installation of a product constitutes acceptance that:
- the correct model was supplied;
- the product is free from visible damage; and
- no transport damage is present.
Sirair shall not be liable for cosmetic damage reported after installation.
10. Installation
Products must be installed by a Sirair Recommended Installer. Failure to comply may affect warranty entitlement where improper installation contributes to a failure.
The Dealer remains solely responsible for:
- installation;
- commissioning;
- electrical compliance;
- plumbing compliance;
- refrigerant charging;
- pressure testing;
- evacuation;
- drainage;
- sizing;
- pipework; and
- compliance with applicable standards.
11. Commissioning
The Dealer shall ensure all equipment is commissioned in accordance with Sirair specifications.
Improper commissioning shall invalidate any warranty claim where it contributes to the reported fault.
12. Returns
Products may only be returned with prior written authorisation from Sirair.
Returned goods must:
- be unused;
- remain in original packaging;
- include all accessories; and
- be in resalable condition.
Special-order products are non-returnable. Opened, installed or used products are not eligible for return unless approved by Sirair.
Approved returns may attract a reasonable handling or restocking fee.
13. Spare Parts
Spare parts supplied correctly against Dealer instructions are non-returnable and non-refundable.
The Dealer is responsible for verifying all part numbers before ordering.
14. Warranty
Warranty claims shall be governed exclusively by the current Sirair Reseller Warranty Policy. Noting this is exclusively a part related warranty.
Nothing contained in these Terms shall expand or modify the warranty.
15. Technical Support
Technical advice provided by Sirair is given in good faith based on the information supplied.
Final responsibility for diagnosis, installation and repairs remains with the Dealer.
Telephone advice or technical guidance shall not constitute acceptance of a warranty claim.
16. Limitation of Liability
To the fullest extent permitted by applicable South African law, Sirair's liability under these Terms and Conditions and the Sirair Reseller Warranty Policy shall be limited, at Sirair's sole discretion, to:
- the repair of the Product where the Product was installed by Sirair or a Sirair-employed technician; or
- the supply of replacement parts only where the Product was installed by a Sirair Recommended Installer.
Sirair shall not be liable for any costs or expenses associated with, including but not limited to: labour; installation; decommissioning or recommissioning; commissioning; travel; accommodation; refrigerant or gas; equipment hire; transportation or courier charges; diagnostics; call-out charges; business interruption; loss of income; loss of profits; loss of contracts; indirect damages; incidental damages; consequential damages; or claims by third parties.
For the avoidance of doubt, products installed by a Sirair Recommended Installer are covered by a parts-only warranty unless otherwise agreed by Sirair in writing. This clause is intended to be read together with the Sirair Reseller Warranty Policy and shall not be interpreted as extending any warranty or remedy beyond that policy.
17. Force Majeure
Sirair shall not be liable for any delay or failure to perform caused by events beyond its reasonable control, including but not limited to: fire; flood; pandemic; epidemic; civil unrest; war; riots; strikes; transport failures; supplier delays; government restrictions; power failures; or natural disasters.
Performance shall be suspended for the duration of such event.
18. Intellectual Property
All Sirair trademarks, product names, logos, catalogues, technical documents and marketing material remain the exclusive property of Sirair.
Dealers may not alter or reproduce Sirair branding without prior written approval.
19. Confidentiality
Dealer pricing, rebates, technical information, service bulletins and commercial information supplied by Sirair are confidential.
The Dealer agrees not to disclose such information without Sirair's prior written consent.
20. Default
Sirair may immediately suspend deliveries, credit facilities or warranty assistance where the Dealer:
- breaches these Terms;
- fails to make payment;
- becomes insolvent;
- enters business rescue or liquidation; or
- materially breaches any agreement with Sirair.
Such suspension shall not affect Sirair's right to recover outstanding amounts.
Sirair may also suspend dealer status where the Dealer repeatedly submits invalid warranty claims, misrepresents warranty information to customers, fails to comply with Sirair installation standards, or otherwise conducts itself in a manner that may reasonably damage Sirair's reputation or commercial interests.
21. Governing Law
These Terms and Conditions shall be governed by and interpreted in accordance with the laws of the Republic of South Africa.
The parties consent to the jurisdiction of the South African courts having jurisdiction over the matter.
22. Entire Agreement
These Terms and Conditions, together with:
- the current Sirair Reseller Warranty Policy;
- the current Shipping and Returns Policy (where applicable);
- any written credit facility agreement;
- any written dealer agreement; and
- any written variation signed by an authorised representative of Sirair,
constitute the entire agreement between the parties.
The Dealer acknowledges that the current versions of the Sirair Reseller Warranty Policy, Shipping and Returns Policy and any other policies published on Sirair's official website are incorporated into these Terms by reference and form part of the contractual relationship between the parties.
No verbal representation, statement or undertaking shall be binding unless confirmed in writing by an authorised representative of Sirair.
23. Authority to Bind Dealer
Any person placing an order, signing an application, accepting a quotation, requesting credit facilities or otherwise acting on behalf of the Dealer warrants that they are duly authorised to bind the Dealer to these Terms and Conditions and all related Sirair policies.
Sirair shall be entitled to rely on such authority unless notified otherwise in writing.
24. Amendments
Sirair reserves the right to amend these Terms and Conditions from time to time.