Terms and Conditions

Terms and Conditions Walden Aluminium Windows and Doors

 

Walden Aluminium Windows and Doors (Reg: 2019/544244/07, VAT: 4200313916) is a supplier and installer of aluminium doors, windows, and glass systems primarily in Cape Town, Western Cape, South Africa. The following terms and conditions apply to all contracts for products supplied and work carried out by Walden Aluminium. 
 

1. DEFINITIONS & INTERPRETATIONS

1.1 In these terms and conditions (the “Terms”), the following words and phrases shall have the meanings set out below unless the context otherwise requires: 

  • “Company” means Walden Aluminium Windows and Doors, Registration No. 2019/544244/07, VAT No. 4200313916, 425 Kraal Road, Schaarpkraal, Cape Town, Western Cape, South Africa, trading at https://waldenaluminium.co.za. 
  • “Customer” means any person, company, authority, or organisation who places an order with the Company for the purchase of goods and/or services. 
  • “Quotation” means a written statement issued by the Company setting out the products and/or services to be supplied and the applicable price. 
  • “Specification Document” means any drawing, statement of work, quotation, or similar document describing the products and/or services to be provided. 
  • “Products” means aluminium windows, doors, and related accessories supplied by the Company. 
  • “Services” means installation, maintenance, repair, surveying, and related services provided by the Company. 
  • “Contract” means the agreement between the Company and the Customer for the supply of products and/or services in accordance with these Terms. 
  • “Purchase Order” means the Customer’s order for goods or services, whether submitted on a formal purchase order form, email, or written acceptance of a quotation. 
  • “Intellectual Property Rights” means all patents, trademarks, registered and unregistered designs, copyright, know-how, and other proprietary rights relating to the Products and Services. 
  • “Delivery Date” means the date specified by the Company for delivery or completion of installation. 
2. QUOTATIONS, ORDERS & SPECIFICATIONS

2.1 Quotations 
2.1.1 Any quotation provided by Walden Aluminium is a specification document detailing the Products and/or Services to be supplied and the price. 
2.1.2 Quotations are open for acceptance for a period of 30 days from the date issued unless otherwise stated in writing. 
2.1.3 All prices quoted are subject to site survey if deemed necessary. Changes to size, design, or specification after the quotation may result in adjusted pricing. 
2.1.4 Minor changes or variations may be made at the Company’s discretion without additional charge, but all other variations require a written variation order. 
 

2.2 Orders 
2.2.1 All orders placed by the Customer are treated as an offer to purchase under these Terms. 
2.2.2 Orders are only deemed accepted when Walden Aluminium issues written confirmation or commences performance of the work. 
2.2.3 No order may be cancelled by the Customer except with written agreement from Walden Aluminium. Cancellation may attract abortive costs, including costs of materials, labour, or specialist services already incurred. 
2.2.4 Orders must accurately describe the Products, quantity, and installation requirements. Any errors or omissions must be reported immediately to avoid delays or additional charges. 
2.2.5 Walden Aluminium reserves the right to substitute similar goods if the originally specified Products are unavailable, provided they are no less suitable for their intended purpose. 

2.3 Specifications 
2.3.1 The Products supplied will conform to the specifications set out in the quotation or order confirmation. 
2.3.2 Walden Aluminium may modify specifications to comply with statutory or safety requirements without materially affecting the Products’ function or appearance. 
2.3.3 Any drawings, plans, or technical information issued remain the property of Walden Aluminium and must not be copied, shared, or used for other projects without prior written consent. 
2.3.4 Customers must ensure the site is suitable for installation and provide accurate measurements and information about pre-existing structures, concealed services, or other conditions that may affect installation. Walden Aluminium will not be liable for errors or delays caused by incorrect or incomplete information. 

2.4 External Specialists 
2.4.1 If specialist services (e.g., glazing, electrical, or structural work) are required, quotations may include prevailing rates from third-party contractors. 
2.4.2 Any increase in costs by external specialists after the quotation but before the order may be passed on to the Customer with prior written notice. 

2.5 Contractual Precedence 
2.5.1 These Terms, along with the quotation and any specification document, constitute the full Contract between the Customer and Walden Aluminium. 
2.5.2 Any inconsistent terms in the Customer’s purchase order, emails, or letters will not apply unless expressly agreed in writing. 
2.5.3 The Contract is personal to the Customer, and no third party shall have rights under it, except where permitted by law. 

3. PRICING & PAYMENT TERMS

3.1 Prices 
3.1.1 All prices stated in quotations or confirmations are inclusive of VAT, calculated at the prevailing rate at the time of invoicing or quoting. 
3.1.2 Prices may be adjusted if there are changes in materials, labour, external specialist fees, or statutory levies between the quotation date and delivery/installation date. 
3.1.3 Any request by the Customer to delay or change delivery may result in an increase to cover additional costs incurred by Walden Aluminium. 
3.1.4 All prices include one set of drawings and revisions; additional revisions or design changes beyond the included sets will be invoiced separately. 

3.2 Deposits and Stage Payments 
3.2.1 For Products with Installation , payments are due as follows: 

  • 70% deposit payable upon placement of order 
  • 20% payable prior to or on delivery of Products 
  • 10% payable on delivery on completion of the project 

3.2.2 All deposits and stage payments are non-refundable except where Walden Aluminium cancels the order. 

3.3 Account Customers 
3.3.1 Account holders approved by Walden Aluminium may be invoiced for Products and Services. 
3.3.2 Payment terms for account holders are 30 days from invoice date unless otherwise agreed in writing. 
3.3.3 Walden Aluminium reserves the right to suspend or cancel deliveries for overdue accounts and to recover costs incurred as a result of non-payment. 

3.4 Non-Account Customers 
3.4.1 Non-account Customers are required to pay deposits or full payment upfront as per the staged payment schedule. 
3.4.2 Failure to make payment within the stipulated timeframe may result in: 

  • Withholding of Products or installation 
  • Charge for materials or labour already expended 
  • Interest at 3% above the South African Reserve Bank base rate, calculated daily until payment is made in full 

3.5 Failed Deliveries or Abortive Installations 
3.5.1 If a delivery is attempted but fails due to the Customer’s actions, Walden Aluminium may levy a failed delivery charge, including administrative and transport costs. 
3.5.2 If installation cannot proceed due to incomplete preparation or inaccessible site conditions, the Customer will be invoiced for an abortive installation fee, payable within 7 days of invoice. 

3.6 Late Payments 
3.6.1 In addition to interest, Walden Aluminium reserves the right to recover all reasonable legal and collection costs incurred in obtaining overdue amounts. 
3.6.2 The Customer remains liable for full payment even if installation is delayed, Products are held in storage, or the Customer disputes other matters unrelated to payment. 

3.7 Retention of Title 
3.7.1 Ownership of all Products remains with Walden Aluminium until full payment (including VAT and any additional charges) is received. 
3.7.2 Until ownership passes, the Customer holds the Products as fiduciary agent, keeps them insured against all risks, and must not sell, pledge, or otherwise encumber them. 
3.7.3 If payment is overdue, Walden Aluminium reserves the right to repossess Products from the Customer’s premises or any third-party location where they are stored. 

3.8 Invoices 
3.8.1 All invoices will be issued by Walden Aluminium and will include the Product description, quantities, prices, VAT, and payment due dates. 
3.8.2 Any discrepancies in invoices must be reported within 5 working days of receipt; otherwise, the invoice shall be deemed accepted in full. 

3.9 Special Circumstances 
3.9.1 Walden Aluminium reserves the right to review pricing and payment terms for large or complex projects on a case-by-case basis. 
3.9.2 Customers are responsible for ensuring that all internal approvals and budgetary allocations are in place prior to placing an order to avoid delays or additional charges. 

4. DELIVERY & INSTALLATION

4.1 Delivery of Products 
4.1.1 Delivery shall be made to the address specified by the Customer in the order or quotation unless otherwise agreed in writing. 
4.1.2 Walden Aluminium will make every reasonable effort to meet agreed delivery dates; however, delivery dates are indicative only and time shall not be of the essence unless expressly agreed. 
4.1.3 The Customer is responsible for providing safe, unobstructed access to the delivery location. Any delays caused by restricted access, unsuitable conditions, or missing equipment may incur additional charges. 
4.1.4 Delivery of Products does not constitute acceptance of the Products; the Customer must inspect all items immediately upon receipt and report any damage, shortage, or defect as per Section 9 (Damaged Products). 

4.2 Risk Transfer 
4.2.1 Risk in the Products passes to the Customer upon delivery to the designated site or collection by the Customer or their appointed carrier. 
4.2.2 The Customer is responsible for safeguarding Products from loss, theft, or damage from the moment risk passes, until such time as installation is complete and final acceptance is acknowledged. 

4.3 Installation Services 
4.3.1 Installation will be performed by Walden Aluminium’s trained personnel or appointed subcontractors, in accordance with the agreed schedule. 
4.3.2 The Customer agrees to provide full access to the site, including necessary facilities such as electricity, water, and safe working conditions. 
4.3.3 Where the Customer has failed to prepare the site as instructed, including removal of obstacles or identification of concealed services (e.g., electrical conduits, water pipes, underfloor heating), Walden Aluminium may levy an abortive installation fee, payable within 7 days. 
4.3.4 Installation will be carried out during normal business hours, Monday to Friday, unless otherwise agreed. Any additional hours required due to Customer requests or delays will be invoiced separately. 

4.4 Delays and Force Majeure 
4.4.1 Walden Aluminium shall not be liable for any delay in delivery or installation caused by circumstances beyond its reasonable control, including but not limited to acts of God, fire, flood, strikes, lockouts, transport delays, or shortages of materials. 
4.4.2 In the event of a delay, Walden Aluminium will notify the Customer in writing and propose a revised schedule. No liability shall arise for any consequential losses, damages, or costs incurred by the Customer due to such delay. 
4.4.3 Both parties have the right to terminate the Contract in the event of prolonged force majeure exceeding 60 calendar days, with the Customer paying for all Products manufactured, materials procured, and work performed up to the date of termination. 

4.5 Customer Responsibilities 
4.5.1 The Customer shall ensure that the installation site is safe and ready for work, including: 

  • Clearing furniture or obstructions 
  • Ensuring access routes are passable for delivery vehicles and installation teams 
  • Notifying Walden Aluminium of any hazards or restricted access conditions 
    4.5.2 The Customer is responsible for identifying any concealed services such as electrical wiring, water pipes, gas lines, or structural issues. Walden Aluminium shall not be liable for damage caused by undisclosed conditions. 
    4.5.3 The Customer shall provide any required permissions or approvals for installation prior to commencement, including municipal or strata approvals where applicable. 

4.6 Inspection & Acceptance 
4.6.1 Upon completion of installation, the Customer shall inspect the Products and installation workmanship. 
4.6.2 Any defects, missing components, or discrepancies must be reported immediately in writing. 
4.6.3 The Customer shall be deemed to have accepted the installation 3 working days after completion unless a written complaint is received. 

4.7 Storage of Products 
4.7.1 If the Customer requests delayed delivery or cannot take immediate delivery, Walden Aluminium may store the Products at its premises or a secure facility. 
4.7.2 Storage fees and associated costs will be charged to the Customer, and risk of loss or damage remains with the Customer during storage. 
4.7.3 Products held in storage for more than 28 calendar days without payment or collection arrangements may be disposed of or sold, with proceeds offset against any amounts due to Walden Aluminium. 

4.8 Subcontractors 
4.8.1 Walden Aluminium reserves the right to engage subcontractors for delivery and installation. 
4.8.2 Any subcontractor used will act under Walden Aluminium’s instructions and supervision. 
4.8.3 Walden Aluminium remains fully responsible for the quality of workmanship and adherence to these terms, even if subcontractors are used. 

5. CANCELLATIONS, RETURNS & DAMAGED PRODUCTS

5.1 Cancellations by the Customer 
5.1.1 Due to the bespoke nature of aluminium windows, doors, and related Products, all orders are custom-manufactured to specification. As such, once an order is placed, it cannot be cancelled except at the sole discretion of Walden Aluminium. 
5.1.2 If the Customer requests cancellation after order confirmation, the Customer shall indemnify Walden Aluminium for all costs incurred, including but not limited to: 

  • Materials purchased or fabricated 
  • Labour expended 
  • Subcontractor fees 
  • Administrative and overhead costs 
    5.1.3 Cancellation charges may also include any other costs directly attributable to the order, including survey fees, specialist services, or third-party charges, even if partial work has been completed. 

5.2 Partial Cancellations or Variations 
5.2.1 Any request to modify the order after confirmation must be submitted in writing. 
5.2.2 Walden Aluminium reserves the right to decline modifications or to charge for variations in accordance with the additional work required. 
5.2.3 Minor alterations or modifications may be accepted at the discretion of Walden Aluminium, provided no substantial manufacturing or scheduling changes are necessary. 

5.3 Returns of Products 
5.3.1 Products may only be returned with prior written consent from Walden Aluminium. 
5.3.2 Products must be returned in original condition, unused, and suitably packaged. 
5.3.3 Return shipping costs are the responsibility of the Customer unless Walden Aluminium is at fault. 
5.3.4 Custom-manufactured Products, or Products made to the Customer’s specifications, are non-returnable except where defective or damaged. 

5.4 Damaged or Defective Products 
5.4.1 The Customer must inspect all Products immediately upon delivery and installation. Any damaged or defective items must be reported within seven (7) days of delivery, in writing, specifying the nature of the damage or defect. 
5.4.2 For defective Products, Walden Aluminium may, at its discretion: 

  • Replace the defective Product free of charge 
  • Repair the defective Product 
  • Issue a credit note or refund for the defective Product 
    5.4.3 The Customer is responsible for safe storage of defective Products until they are collected or returned, unless otherwise instructed. 
    5.4.4 Urgent replacements may be arranged by Walden Aluminium upon written request. Any charges for shipping, labour, or materials incurred for urgent replacement may initially be invoiced, with refunds or credits issued once the defective Product is verified. 

5.5 Risk and Liability 
5.5.1 Risk of loss or damage to Products passes to the Customer upon delivery (see Section 4). 
5.5.2 Walden Aluminium shall not be liable for any damage caused by: 

  • Improper handling or storage by the Customer 
  • Site conditions not communicated to Walden Aluminium 
  • Use of the Products contrary to instructions or specifications 
    5.5.3 Walden Aluminium shall not be liable for indirect, consequential, or economic losses resulting from damaged or defective Products. 

5.6 Customer Responsibilities for Reporting 
5.6.1 The Customer must provide detailed evidence of any damage or defect, including photographs, descriptions, and written documentation. 
5.6.2 Failure to report within the specified period may result in Walden Aluminium declining any claims. 
5.6.3 Any dispute regarding defect claims shall be resolved in accordance with Section 13 (Governing Law & Jurisdiction). 

5.7 Abortive Installations 
5.7.1 If installation cannot proceed due to Customer failure to prepare the site, provide access, or comply with instructions, Walden Aluminium may charge an Abortive Installation Fee as detailed in Section 4. 
5.7.2 The Abortive Installation Fee is due within seven (7) days and must be paid in cleared funds before any rescheduling of installation. 
5.7.3 Walden Aluminium is under no obligation to re-attempt installation until all fees are settled. 

5.8 Specialist Products & Services 
5.8.1 Where Products require third-party components, specialist finishes, or bespoke modifications, return or replacement may be subject to extended lead times. 
5.8.2 Any additional costs incurred for third-party replacement shall be charged to the Customer if the original defect or damage is due to Customer action or negligence. 

5.9 No Waiver of Legal Rights 
5.9.1 Nothing in this Section limits the statutory rights of Customers where applicable, including rights under consumer protection laws. 
5.9.2 Walden Aluminium retains the right to enforce all terms of this Contract despite any prior acceptance of cancellation, return, or defect claims. 

6. PAYMENT TERMS, INVOICING & LATE PAYMENTS

6.1 Payment Methods 
6.1.1 Walden Aluminium accepts payment by the following methods: 

  • Bank transfer (EFT) 
  • Credit or debit card 
  • Cash payments (where agreed in advance) 

 No other payment method shall be deemed acceptable unless prior written approval is obtained from Walden Aluminium. 

6.3 Invoice Issuance 
6.3.1 Invoices will be issued electronically or in hard copy at the discretion of Walden Aluminium. 
6.3.2 Each invoice shall specify: 

  • Customer details 
  • Products or services supplied 
  • Quotation reference and order number 
  • Payment due date 
  • Breakdown of charges, including VAT 

6.3.3 The Customer must ensure that all payment details are correct and that invoices are paid in accordance with the stated terms. 

6.4 Late Payments & Interest Charges 
 
6.4.1 Any late payment shall incur interest at a rate of 3% above the South African Reserve Bank base rate, calculated daily, from the due date until payment is received in full. 
 
6.4.2 Walden Aluminium reserves the right to: 

  • Suspend delivery of Products 
  • Withhold installation services 
  • Withdraw labour from ongoing projects 
  • Recover costs incurred due to delayed payment 
    6.5.3 Interest charges shall be invoiced separately and are recoverable as part of the outstanding debt. 

6.5 Non-Payment & Recovery of Goods 
6.5.1 All Products supplied remain the exclusive property of Walden Aluminium until payment in full has been received. 
6.5.2 In the event of non-payment, Walden Aluminium may: 

  • Repossess unpaid Products from the Customer’s premises 
  • Retain payments made and invoice for outstanding balances 
  • Take legal action for recovery of amounts due 
    6.6.3 The Customer shall be responsible for any costs incurred by Walden Aluminium in enforcing its rights, including collection, transport, and legal fees. 

6.6 Disputes & Payment Withholding 
6.6.1 Disputes regarding invoices must be raised in writing within seven (7) days of the invoice date. 
6.6.2 Raising a dispute does not relieve the Customer of the obligation to pay undisputed amounts on time. 
6.6.3 Walden Aluminium may, at its discretion, withhold further work until disputed invoices are resolved. 

6.7 Refunds 
6.7.1 Refunds, if applicable, shall only be processed once Walden Aluminium verifies eligibility in accordance with Sections 5 and 11 (Defective Goods & Warranties). 
6.7.2 No interest shall be paid on refunded amounts. 

6.8 Customer Responsibilities 
6.8.1 The Customer shall ensure that sufficient funds are available for all payments. 
6.8.2 The Customer shall provide accurate billing and contact information to prevent delays in payment processing. 
6.8.3 The Customer acknowledges that failure to comply with payment terms may invalidate warranties and guarantees until the account is brought up to date. 

6.9 Force Majeure & Payment Obligations 
6.9.1 Payment obligations remain in force even where delivery or installation is delayed due to circumstances beyond Walden Aluminium’s reasonable control, including but not limited to: 

  • Natural disasters 
  • Strikes or labour disputes 
  • Supply chain interruptions 
  • Acts of God or governmental restrictions 

 6.9.2 Any extension of time for delivery under such circumstances does not affect the Customer’s obligation to pay in accordance with this Section. 

7. INTELLECTUAL PROPERTY & USE OF PRODUCTS

7.1 Ownership of Intellectual Property 
7.1.1 All designs, drawings, specifications, samples, models, brochures, software, technical documentation, and any other materials produced or supplied by Walden Aluminium (hereinafter referred to collectively as “Materials”) are the exclusive property of Walden Aluminium. 
7.1.2 The Customer acknowledges that nothing in these Terms and Conditions grants them any right, title, or interest in or to the intellectual property contained in the Materials except as expressly set out herein. 

7.2 Copyright, Trademarks, and Patents 
7.2.1 Walden Aluminium retains all copyright, trademarks, registered designs, patents, design rights, and other intellectual property rights in the Materials and the Products supplied. 
7.2.2 The Customer may not reproduce, copy, modify, adapt, or create derivative works from any Materials without the prior written consent of Walden Aluminium. 
7.2.3 Any unauthorised use of intellectual property by the Customer shall constitute a breach of this contract and may give rise to legal action, including claims for damages and injunctive relief. 

7.3 Use of Products by the Customer 
7.3.1 The Customer is granted a non-exclusive, non-transferable right to use the Products for the purposes expressly stated in the contract between Walden Aluminium and the Customer. 
7.3.2 The Products must be used in accordance with the instructions, guidelines, and safety recommendations provided by Walden Aluminium. Failure to comply may: 

  • Void any warranties or guarantees 
  • Result in liability for damages or injury caused 
    7.3.3 The Customer may not sell, lease, or otherwise transfer ownership of the Products that incorporate Walden Aluminium’s intellectual property without prior written consent. 

7.4 Prohibition of Reverse Engineering 
7.4.1 The Customer shall not, under any circumstances, attempt to reverse engineer, decompile, or disassemble any part of the Products, or Materials supplied by Walden Aluminium. 
7.4.2 Any such action shall be considered a material breach of contract and may result in immediate legal action and termination of any ongoing contract. 

7.5 Confidentiality of Designs and Specifications 
7.5.1 The Customer acknowledges that the designs, specifications, drawings, and other Materials provided by Walden Aluminium are confidential and proprietary. 
7.5.2 The Customer shall not disclose, distribute, or make available any confidential Materials to any third party without prior written consent from Walden Aluminium. 
7.5.3 This confidentiality obligation survives the termination or completion of any contract for a period of five (5) years. 

7.6 Third-Party Intellectual Property 
7.6.1 Where Walden Aluminium incorporates third-party intellectual property in its Products, the Customer agrees to comply with any associated licensing terms. 
7.6.2 Walden Aluminium shall not be liable for any infringement claims arising from the Customer’s unauthorized use or alteration of third-party intellectual property. 

7.7 Indemnity 
7.7.1 The Customer agrees to indemnify and hold Walden Aluminium harmless from any claims, damages, costs, or legal fees arising from: 

  • Breach of intellectual property rights 
  • Unauthorized use, reproduction, or distribution of Materials or Products 
  • Violation of confidentiality obligations 
    7.7.2 This indemnity applies even after the completion or termination of the Customer’s contract with Walden Aluminium. 

7.8 License Termination 
7.8.1 Any rights granted to the Customer to use Walden Aluminium’s intellectual property automatically terminate upon breach of these Terms and Conditions. 
7.8.2 Upon termination, the Customer must cease all use, destroy or return all Materials, and provide written confirmation to Walden Aluminium that all copies or derivative works have been removed. 

7.9 Use of Branding and Marketing Material 
7.9.1 The Customer may not use the Walden Aluminium name, logo, trademarks, or any promotional material for marketing, advertising, or commercial purposes without prior written approval. 
7.9.2 Any approved use shall comply strictly with Walden Aluminium’s branding guidelines, as provided to the Customer. 

7.10 Enforcement of Intellectual Property Rights 
7.10.1 Walden Aluminium reserves the right to monitor, audit, and enforce its intellectual property rights. 
7.10.2 The Customer agrees to provide reasonable cooperation in any investigation, enforcement action, or legal proceedings relating to unauthorized use of Walden Aluminium’s intellectual property. 

8. WARRANTIES, GUARANTEES, AND LIABILITY

8.1 Product Guarantees 
8.1.1 Walden Aluminium provides the following guarantees, valid from the date of completed installation or delivery: 

  • Aluminium profiles: 5-year guarantee against manufacturing defects 
  • Glass sealed units: 5-year guarantee against seal failure 
  • Moving parts (hinges, handles, locks, etc.): 1-year guarantee 
  • Installation services: 1-year guarantee 

8.1.2 Guarantees exclude damage caused by: 

  • Misuse, neglect, or accident 
  • Exposure to corrosive or abnormal environmental conditions 
  • Alterations, modifications, or repairs carried out by the Customer or third parties 

8.2 Installation Warranty 
8.2.1 Installation work carried out by Walden Aluminium will be performed with reasonable skill and care. 
8.2.2 Any defects arising from faulty installation must be reported in writing within 14 days of discovery to be considered for rectification under warranty. 
8.2.3 Walden Aluminium’s liability for installation-related defects is limited to the repair or replacement of faulty work at its discretion. 

8.3 Limitation of Liability 
8.3.1 Walden Aluminium shall not be liable for: 

  • Indirect, consequential, or special losses (including loss of profit) 
  • Defects resulting from incorrect or incomplete information provided by the Customer 
  • Damages caused by pre-existing structural issues, concealed services, or site conditions not disclosed to Walden Aluminium 

8.3.2 Liability for claims relating to defective Products shall be limited to the purchase price of the affected Product. 

8.4 Replacement and Repairs 
10.4.1 Where a valid claim arises under warranty, Walden Aluminium may at its discretion: 

  • Replace or repair the defective Product free of charge 
  • Provide a partial or full refund of the purchase price of the defective Product 
    10.4.2 If urgent replacement is required, Walden Aluminium may deliver the replacement Product prior to receiving the defective Product, provided payment of outstanding sums is cleared first. 
    10.4.3 Walden Aluminium shall reimburse the Customer for reasonable return shipping costs if the defective Product is returned in accordance with its instructions. 

8.5 Glass and Coating Defects 
8.5.1 Glass sealed unit defects are assessed according to industry standards such as the Glass and Glazing Federation (GGF) and Pilkington inspection guidelines. 
8.5.2 Powder-coated aluminium surface defects are assessed according to BS EN 12206-1:2004 standards. 
8.5.3 Walden Aluminium is not liable for defects falling outside these standards. 

8.6 Custom Products 
8.6.1 Products manufactured to non-standard specifications requested by the Customer carry no warranty for: 

  • Water tightness or weatherproof performance beyond standard design specifications 
  • Equality of glass or door leaf sizes, where asymmetry is part of the design 

8.7 Third-Party Products 
8.7.1 Any Products supplied but not manufactured by Walden Aluminium are covered only by the original manufacturer’s warranty, and Walden Aluminium acts as an intermediary in any claims. 

  • Power outages or supply chain disruptions 
    8.8.2 Where such events occur, Walden Aluminium may extend delivery or installation schedules without liability for consequential loss. 
9. GOVERNING LAW AND DISPUTE RESOLUTION

9.1 Governing Law 
9.1.1 These Terms and Conditions, and any Contract entered into between Walden Aluminium and the Customer, shall be governed by and construed in accordance with the laws of the Republic of South Africa. 
9.1.2 Any disputes arising out of, or in connection with, these Terms and Conditions or a Contract shall be subject to the exclusive jurisdiction of the courts of the Republic of South Africa. 

9.2 Dispute Resolution 
9.2.1 In the event of any dispute or disagreement arising between Walden Aluminium and the Customer, both parties agree to attempt to resolve the matter amicably through good-faith negotiation before taking any legal action. 
9.2.2 If a dispute cannot be resolved through negotiation within 30 days of written notice of the dispute, the parties may agree to submit the dispute to mediation administered by a mutually agreed mediator. 
9.2.3 Should mediation fail to resolve the dispute, either party may pursue legal remedies through the appropriate South African court with jurisdiction. 

9.3 Severability 
9.3.1 If any provision of these Terms and Conditions is found to be illegal, invalid, or unenforceable, the remaining provisions shall continue in full force and effect. 
9.3.2 The invalid or unenforceable provision shall be deemed replaced by a provision that most closely reflects the original intent of the parties, within the limits of the law. 

9.4 Entire Agreement 
9.4.1 These Terms and Conditions, together with any Quotation, Purchase Order, or Specification Document, constitute the entire agreement between Walden Aluminium and the Customer. 
9.4.2 Any prior agreements, representations, or understandings, whether oral or written, are superseded by these Terms and Conditions unless expressly stated otherwise in writing. 

9.5 Waiver 
9.5.1 The failure of Walden Aluminium to enforce any provision of these Terms and Conditions at any time shall not constitute a waiver of its rights in respect of that provision or any other provision in the future. 
9.5.2 Any waiver must be explicitly stated in writing and signed by an authorized representative of Walden Aluminium. 

10. MISCELLANEOUS PROVISIONS

10.1 Force Majeure 
10.1.1 Walden Aluminium shall not be liable for any failure or delay in performing its obligations under these Terms and Conditions if such failure or delay is caused by circumstances beyond its reasonable controlincluding but not limited to: 

  • Acts of God, fire, flood, drought, earthqu, ake, or other natural disasters 
  • Acts of terrorism, war, civil unrest, or riots 
  • Government regulations, strikes, lockouts, or industrial action 
  • Supply chain interruptions or shortages of materials 
    21.1.2 In such cases, performance of obligations will be suspended for the duration of the force majeure event, and Walden Aluminium will notify the Customer in writing as soon as practicable. 

10.2 Notices 
10.2.1 Any notice required under these Terms and Conditions shall be in writing and delivered by: 

  • Hand delivery to the Customer’s or Walden Aluminium’s address, or 
  • Registered post to the addresses listed in the Quotation or Purchase Order. 
    21.2.2 Notices shall be deemed received: 
  • Immediately if delivered by hand or email (unless bounced or failed delivery), 
  • Three (3) business days after posting by registered mail. 

10.3 Assignment and Subcontracting 
10.3.1 Walden Aluminium may assign or subcontract its rights and obligations under these Terms and Conditions, wholly or partly, without the Customer’s consent. 
10.3.2 The Customer may not assign or transfer any rights or obligations under these Terms and Conditions without prior written consent from Walden Aluminium. 

10.4 Severability 
10.4.1 If any provision of these Terms and Conditions is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect. 
10.4.2 The invalid provision shall be replaced by a valid provision that most closely reflects the original intent. 

10.5 Entire Agreement 
10.5.1 These Terms and Conditions, together with any Quotation, Specification Document, or Purchase Order, constitute the entire agreement between Walden Aluminium and the Customer. 
10.5.2 No other representations, warranties, promises, or agreements shall be binding unless expressly incorporated in writing. 

10.6 Variation 
10.6.1 Walden Aluminium reserves the right to amend or vary these Terms and Conditions at any time. 
10.6.2 Any amendments shall only be effective if issued in writing and communicated to the Customer. 

10.7 Headings 
10.7.1 The headings in these Terms and Conditions are for convenience only and shall not affect their interpretation. 

10.8 Third-Party Rights 
10.8.1 Except as expressly provided, a person who is not a party to these Terms and Conditions shall have no right to enforce any term under the Contracts (Rights of Third Parties) Act or similar legislation. 

10.9 Survival of Terms 
10.9.1 Any provision which by its nature should survive termination or completion of the Contract, including warranties, liability limitations, indemnities, intellectual property, and payment obligations, shall continue to have effect after termination. 

 

11. SIGNATURE AND ACCEPTANCE

11.1 Acceptance of Terms 
11.1.1 By signing a Quotation, Purchase Order, or any formal agreement with Walden Aluminium, the Customer acknowledges that they have read, understood, and accepted these Terms and Conditions in full. 
11.1.2 Acceptance may also be deemed by the Customer’s conduct, including: 

  • Making a payment for products or services, or 
  • Allowing delivery or installation to proceed. 

11.2 Authority to Sign 
11.2.1 The person signing on behalf of the Customer warrants that they have full authority to bind the Customer to these Terms and Conditions. 
11.2.2 Walden Aluminium shall be entitled to rely on this representation and shall not be liable if the signatory exceeds their authority. 

11.3 Electronic Acceptance 
11.3.1 Walden Aluminium may accept electronic signatures or confirmations via email or other electronic means as legally binding, provided the Customer expressly confirms their agreement. 
11.3.2 Electronic acceptance shall have the same legal effect as a handwritten signature. 

11.4 Counterparts 
11.4.1 These Terms and Conditions may be executed in multiple counterparts, each of which shall be deemed an original. 
11.4.2 All counterparts together shall constitute one and the same agreement. 

11.5 Date of Effect 
11.5.1 These Terms and Conditions shall take effect from the date of signature or acceptance by the Customer. 
11.5.2 All prior agreements, communications, or understandings relating to the supply of products or services are superseded by these Terms and Conditions. 

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