The Terms and Conditions were last updated on January 13, 2022
These Terms and conditions apply to this website and to the transactions related to our products and services. You may be bound by additional contracts related to your relationship with us or any products or services that you receive from us. If any provisions of the additional contracts conflict with any provisions of these Terms, the provisions of these additional contracts will control and prevail.
By registering with, accessing, or otherwise using this website, you hereby agree to be bound by these Terms and conditions set forth below. The mere use of this website implies the knowledge and acceptance of these Terms and conditions. In some particular cases, we can also ask you to explicitly agree.
3. Electronic communication
By using this website or communicating with us by electronic means, you agree and acknowledge that we may communicate with you electronically on our website or by sending an email to you, and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement, including but not limited to the requirement that such communications should be in writing.
4. Intellectual property
We or our licensors own and control all of the copyright and other intellectual property rights in the website and the data, information, and other resources displayed by or accessible within the website.
4.1 All the rights are reserved
Unless specific content dictates otherwise, you are not granted a license or any other right under Copyright, Trademark, Patent, or other Intellectual Property Rights. This means that you will not use, copy, reproduce, perform, display, distribute, embed into any electronic medium, alter, reverse engineer, decompile, transfer, download, transmit, monetize, sell, market, or commercialize any resources on this website in any form, without our prior written permission, except and only insofar as otherwise stipulated in regulations of mandatory law (such as the right to quote).
5. Third-party property
Our website may include hyperlinks or other references to other party’s websites. We do not monitor or review the content of other party’s websites which are linked to from this website. Products or services offered by other websites shall be subject to the applicable Terms and Conditions of those third parties. Opinions expressed or material appearing on those websites are not necessarily shared or endorsed by us.
We will not be responsible for any privacy practices or content of these sites. You bear all risks associated with the use of these websites and any related third-party services. We will not accept any responsibility for any loss or damage in whatever manner, however caused, resulting from your disclosure to third parties of personal information.
6. Responsible use
By visiting our website, you agree to use it only for the purposes intended and as permitted by these Terms, any additional contracts with us, and applicable laws, regulations, and generally accepted online practices and industry guidelines. You must not use our website or services to use, publish or distribute any material which consists of (or is linked to) malicious computer software; use data collected from our website for any direct marketing activity, or conduct any systematic or automated data collection activities on or in relation to our website.
Engaging in any activity that causes, or may cause, damage to the website or that interferes with the performance, availability, or accessibility of the website is strictly prohibited.
You may register for an account with our website. During this process, you may be required to choose a password. You are responsible for maintaining the confidentiality of passwords and account information and agree not to share your passwords, account information, or secured access to our website or services with any other person. You must not allow any other person to use your account to access the website because you are responsible for all activities that occur through the use of your passwords or accounts. You must notify us immediately if you become aware of any disclosure of your password.
After account termination, you will not attempt to register a new account without our permission.
8. Content posted by you
We may provide various open communication tools on our website, such as blog comments, blog posts, forums, message boards, ratings and reviews, and various social media services. It might not be feasible for us to screen or monitor all content that you or others may share or submit on or through our website. However, we reserve the right to review the content and to monitor all use of and activity on our website, and remove or reject any content in our sole discretion. By posting information or otherwise using any open communication tools as mentioned, you agree that your content will comply with these Terms and Conditions and must not be illegal or unlawful or infringe any person’s legal rights.
9. Idea submission
Do not submit any ideas, inventions, works of authorship, or other information that can be considered your own intellectual property that you would like to present to us unless we have first signed an agreement regarding the intellectual property or a non-disclosure agreement. If you disclose it to us absent such written agreement, you grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media.
10. Termination of use
We may, in our sole discretion, at any time modify or discontinue access to, temporarily or permanently, the website or any Service thereon. You agree that we will not be liable to you or any third party for any such modification, suspension or discontinuance of your access to, or use of, the website or any content that you may have shared on the website. You will not be entitled to any compensation or other payment, even if certain features, settings, and/or any Content you have contributed or have come to rely on, are permanently lost. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
11. Warranties and liability
Nothing in this section will limit or exclude any warranty implied by law that it would be unlawful to limit or to exclude. This website and all content on the website are provided on an “as is” and “as available” basis and may include inaccuracies or typographical errors. We expressly disclaim all warranties of any kind, whether express or implied, as to the availability, accuracy, or completeness of the Content. We make no warranty that:
- this website or our content will meet your requirements;
- this website will be available on an uninterrupted, timely, secure, or error-free basis.
Nothing on this website constitutes or is meant to constitute, legal, financial or medical advice of any kind. If you require advice you should consult an appropriate professional.
The following provisions of this section will apply to the maximum extent permitted by applicable law and will not limit or exclude our liability in respect of any matter which it would be unlawful or illegal for us to limit or to exclude our liability. In no event will we be liable for any direct or indirect damages (including any damages for loss of profits or revenue, loss or corruption of data, software or database, or loss of or harm to property or data) incurred by you or any third party, arising from your access to, or use of, our website.
Except to the extent any additional contract expressly states otherwise, our maximum liability to you for all damages arising out of or related to the website or any products and services marketed or sold through the website, regardless of the form of legal action that imposes liability (whether in contract, equity, negligence, intended conduct, tort or otherwise) will be limited to the total price that you paid to us to purchase such products or services or use the website. Such limit will apply in the aggregate to all of your claims, actions and causes of action of every kind and nature.
To access our website and/or services, you may be required to provide certain information about yourself as part of the registration process. You agree that any information you provide will always be accurate, correct, and up to date.
13. Export restrictions / Legal compliance
Access to the website from territories or countries where the Content or purchase of the products or Services sold on the website is illegal is prohibited. You may not use this website in violation of export laws and regulations of South Africa.
You may not assign, transfer or sub-contract any of your rights and/or obligations under these Terms and conditions, in whole or in part, to any third party without our prior written consent. Any purported assignment in violation of this Section will be null and void.
15. Breaches of these Terms and conditions
Without prejudice to our other rights under these Terms and Conditions, if you breach these Terms and Conditions in any way, we may take such action as we deem appropriate to deal with the breach, including temporarily or permanently suspending your access to the website, contacting your internet service provider to request that they block your access to the website, and/or commence legal action against you.
16. Force majeure
Except for obligations to pay money hereunder, no delay, failure or omission by either party to carry out or observe any of its obligations hereunder will be deemed to be a breach of these Terms and conditions if and for as long as such delay, failure or omission arises from any cause beyond the reasonable control of that party.
You agree to indemnify, defend and hold us harmless, from and against any and all claims, liabilities, damages, losses and expenses, relating to your violation of these Terms and conditions, and applicable laws, including intellectual property rights and privacy rights. You will promptly reimburse us for our damages, losses, costs and expenses relating to or arising out of such claims.
Failure to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision.
These Terms and Conditions will be interpreted and construed exclusively in English. All notices and correspondence will be written exclusively in that language.
20. Entire agreement
21. Updating of these Terms and conditions
We may update these Terms and Conditions from time to time. It is your obligation to periodically check these Terms and Conditions for changes or updates. The date provided at the beginning of these Terms and Conditions is the latest revision date. Changes to these Terms and Conditions will become effective upon such changes being posted to this website. Your continued use of this website following the posting of changes or updates will be considered notice of your acceptance to abide by and be bound by these Terms and Conditions.
22. Choice of Law and Jurisdiction
These Terms and Conditions shall be governed by the laws of South Africa. Any disputes relating to these Terms and Conditions shall be subject to the jurisdiction of the courts of South Africa. If any part or provision of these Terms and Conditions is found by a court or other authority to be invalid and/or unenforceable under applicable law, such part or provision will be modified, deleted and/or enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions. The other provisions will not be affected.
23. Contact information
This website is owned and operated by The Brick Centre.
You may contact us regarding these Terms and Conditions through our contact page.
You can also download our Terms and Conditions as a PDF.
The Brick Centre Terms and Conditions for Website Use
1. Sole Conditions
The following will be the sole terms and conditions upon which The Brick Centre CC, Registration No. 201004077923 (The Brick Centre), will contract to sell goods for cash, and these terms and conditions supersede any other conditions which a Purchaser may seek to impose on The Brick Centre. The Brick Centre shall not be bound by a Purchaser’s conditions of purchase or conditions of the order unless such have been reduced to writing, and signed and purposefully accepted by a duly authorised representative of The Brick Centre.
2. Price of Goods and Transport Costs
2.1 Price of goods sold shall be The Brick Centre’s price as at date of dispatch of the goods.
2.2 The price of goods to be sold for cash will be subject to confirmation by The Brick Centre. Any indicated price shall be construed as an “invitation to tender”.
2.3 If the Purchaser requires The Brick Centre to transport the goods, the transportation costs will be quoted for by The Brick Centre.
2.4 The Brick Centre will not be obliged to deliver any goods until the purchase price (including transport costs, if any) have been paid in full.
3.1 In the case of goods sold for delivery to the Purchaser at any of The Brick Centre supplier factories, the Purchaser shall pay transportation and labour costs. The Purchaser shall take delivery of the goods at a rate and at such time as agreed upon by the Purchaser and The Brick Centre, and/or shall pay the relevant loading charge as levied by The Brick Centre.
3.2 The carrier taking such delivery on behalf of the Purchaser, whether shipper, haulage contractor or rail carries, shall be deemed to be the Purchaser’s carrier and agent, and delivery shall be deemed to be effected upon possession of the goods sold being taken by the carrier. The Brick Centre waybill signed by the carrier shall constitute prima facie proof of delivery of the goods expressed to be covered thereby.
3.3 In the case of goods sold for delivery by The Brick Centre, the Purchaser may request the delivery of goods in accordance with the delivery schedule and depending on the efficient use of its delivery fleet and subject to 3.5, The Brick Centre will attempt, but shall not be bound to meet such delivery schedule. In the absence of a delivery schedule agreed in terms of 3.5, The Brick Centre shall, when it delivers products, deliver at such time and date, and offload in such a manner as it determines as being at or as near as possible to the Purchaser’s building site. If a point of delivery has been indicated by the Purchaser, The Brick Centre will attempt to deliver at such point. In order to comply with Local Authorities Bylaws, the Purchaser undertakes to remove the goods from the place where they are delivered to, within the boundaries of the building site. The Purchaser shall ensure that The Brick Centre has access to the building site and the point of delivery at all times. Failure on the part of the Purchaser in each or any regard shall entitle The Brick Centre to divert the goods or return them to its premises. In either event, the Purchaser shall, upon demand, pay The Brick Centre’s expenses incurred in tendering delivery of the goods.
3.4 Upon delivery or deemed delivery of goods to the Purchaser, all risk relating to the goods, including packaging materials thereof, shall pass to the Purchaser.
3.5 The Brick Centre may agree, in writing, to a delivery schedule, and in such an event The Brick Centre shall attempt to deliver products in accordance with such delivery schedule but is not bound to do so. Should the Purchaser wish to change an agreed delivery schedule, then it shall give a minimum of 48 hours notice to The Brick Centre. Acceptance shall be subject to availability of goods.
3.6 The Brick Centre’s goods, correctly dispatched as per order, are not returnable. Where The Brick Centre agrees to goods being returned, the cost of returning the goods will be for the account of the Purchaser where the reason for returning the goods is attributable to the Purchaser. The Brick Centre reserves the right to levy of a 10 % (ten per cent) handling charge on all goods returned. No credit will be given for damaged goods.
4. The Impossibility of Performance and Injury Breakages
4.1 In the event of The Brick Centre being prevented, by any cause beyond its control, from supplying goods ordered, which shall be deemed to include shortage of stocks of the goods, it shall be excused from supplying during the period in which it is prevented to do so.
4.2 The Purchaser indemnifies and holds harmless The Brick Centre against all claims of any nature whatsoever in respect of loss or damage to person, goods or property suffered by the Purchaser and/or the Purchaser’s employees, agents and invitees while on the premises of The Brick Centre and/or allied factories or depots.
5.1 The warranties set out in
5.2 shall apply to and be in lieu of any other warranty expressed or implied which may otherwise result from the sale of goods by The Brick Centre. 5.2 The Purchaser is required and shall be deemed to have made itself acquainted with, in the case of clay bricks, the appropriate product classification, and its subsequent suitability, as classified by the South African Bureau of Standards (SABS), applicable to the goods concerned. That is to say, under normal conditions, FBX, FBS and FBA classified goods are suitable for use without rendering or plastering, whereas NFP classified goods require such rendering or plastering, and NFX classified goods are for use in special circumstances.
5.3 The Brick Centre’s liability concerning its warranties shall not in any circumstances whatsoever exceed the cost to The Brick Centre of replacing the goods giving rise to such loss or damage with similar goods to which the provisions of these conditions shall apply. Save with regards to the foregoing, no warranty is given, expressed or implied, that goods be suitable for use for any specific purpose or under any specific conditions, even though such purpose or conditions may be known to The Brick Centre.
5.4 The Brick Centre shall not be liable to the Purchaser nor to any third person for any loss or damage arising directly or indirectly from any defect whatsoever other than in respect of the matters warranted above.
5.5 Notwithstanding anything to the contrary contained in any statute or other law, any claim which the Purchaser may have pursuant to a breach of the above warranties shall be deemed to prescribe three years after the delivery of the goods to the Purchaser.
5.6 No representation made by any salesmen of The Brick Centre or in any advertising or promotional material relating to the goods shall be binding on The Brick Centre unless recorded as such in a written Agreement between The Brick Centre and the Purchaser or unless such representation is, in any event, covered by the warranties set out above.
6.1 The Brick Centre will attempt to deliver products in accordance with a delivery schedule agreed to in terms of 3.5, but the Purchaser shall have no claim of any nature whatsoever against The Brick Centre by reason of any delay by The Brick Centre in giving delivery of goods on any date or dates that may be specified in the Purchaser’s order, or a delivery schedule agreed in terms of 3.5, or within a reasonable time in those cases in which no such date is specified or agreed.
6.2 The Purchaser acknowledges that during the normal transportation of goods from the factory to the site, damage and breakages are likely to occur. Breakage could be as high as 8% (eight per cent) in the case of non-face bricks and 5% (five per cent) in the case of face bricks and tiles or, if applicable, such higher percentages as quoted at the time of sale. It is agreed that the Purchaser shall have no claim whatsoever against The Brick Centre whether by way of reduction of the purchase price or otherwise in respect of losses of up to the aforesaid percentage, unless The Brick Centre has specifically, in writing, agreed to some lesser percentage of breakages.
6.3 In the case of products delivered by road by The Brick Centre’s carrier, claims will, as between Purchaser and Seller, only be valid if such claims are endorsed on the waybill at the time of delivery or are brought to The Brick Centre’s attention in writing within 7 (seven) days of receipt of the goods by the Purchaser or its agent.
6.4 Should the Purchaser wish to query any item on The Brick Centre’s invoice, or should it wish to request proof of delivery pursuant to a query as to quantity of products delivered to it, it shall be obliged to make relevant query, claim or request (as the case may be) within a period of 30 (thirty) days from the date of The Brick Centre’s invoice. Failure to do such within the aforementioned period will result in the Purchaser’s rights deemed to be waived, and it shall have no further claim against The Brick Centre arising pursuant thereto.
7. Legal Costs
In the event of The Brick Centre instructing its attorney to collect any amount owed by a Purchaser, the Purchaser shall pay The Brick Centre’s attorney and own client costs which include all collection commission and other costs incurred by The Brick Centre with its attorneys in the regard.
8. Non – Waiver
The failure by The Brick Centre to strictly enforce any provision of these conditions shall not be construed as a waiver by The Brick Centre of any of its rights in terms hereof nor shall it prejudice The Brick Centre’s right to strictly enforce such conditions thereafter.
9. Clauses Severable and Divisible
Each and every clause contained in these conditions of sale is severable and divisible from the others and separately enforceable as such. Should any provision be found not to be binding, then this shall not affect the enforceability of the remaining provisions.