CONTRACT:
Airstream supplies products and services only on the basis of an Airstream quote or proposal (a “proposal”) that is accepted, in writing, by the customer (the “customer”). Upon such acceptance, these Standard Terms and Conditions of Sale constitute a binding contract beMeen Airstream and the customer that applies to the Airstream proposal and the contract of sale or service so arising
OVERRIDING TERMS:
Unless otherwise agreed between the parties in writing, these Standard Terms and Conditions supersede any customer terms and conditions of purchase, whether pre-printed on any purchase order or set out in any other customer documentation, including any delivery or acceptance notice. In the event of any conflict between the provisions of these Standard Terms and Conditions and any customer document, the provisions of these Standard Terms and Conditions shall prevail and take precedence
TRADING TERMS:
Unless specified in writing and signed by an authorized Airstream representative , the prices quoted in an Airstream proposal: in the case of delivery within the Republic of South Africa , are payable in full, on delivery;
in the case of delivery outside the Republic of South Africa , are payable in full, in advance of the product leaving the Aimtream premises ;
are exclusive of VAT and any charges or costs associated with off-loading, rigging, locating into position and installation which, if required, will be quoted separately.
The customer shall not set off or withhold payment of any amount payable to Airstream to satisfy any claim of the customer arising from this or any other agreement between the customer and Airstream .
DEPOSIT:
An order in respect of any product not supplied from current Airstream stockholding will only be processed upon the receipt, by Airstream, of a deposit equal to 50% of the price of that product, as quoted in the relevant Airstream proposal. Only then will Airstream confirm an order for that product on Airstream’s supplier of that product.
NON-PAYMENT:
Without prejudice to any of the rights of Airstream, if any payment is not made on the due date it shall bear interest at the rate of interest which is three percentage points above the prime interest rate charged on short term loans and facilities by Airstream’s bankers as they may be from time to time, which interest shall be calculated from the date any such payment falls due until it is paid, compounded monthly in advance.
Airstream shall be entitled, in its sole and absolute discretion, to appropriate any payments received on account of the customer‘s indebtedness to any indebtedness whatsoever of the customer to the supplier.
In the event of the customer disputing any amounts due by it to the supplier, which dispute must be bona fide, the customer shall only be entitled to withhold payment of that amount in dispute and shall not be entitled to withhold the full payment then due by it to Airstream .
\/\/ithout prejudice to any of its rights in terms of this document or the law, Airstream reserves the right to repossess products in the event of the customer failing to make any payment on due date or at all. In the event of any products being repossessed by Airstream, the customer shall be liable for any damage sustained to the products, from the time the products were delivered by Airstream to the customer until such time the products were repossessed by Airstream,
CURRENCY RISK:
The majority of Airstream products are imported and exposure to exchange rate fluctuations determines that the Airstream cost price of a product might fluctuate. Product pricing is therefore not necessarily fixed and in this regard:
in any proposal, the pricing in respect of a product to be supplied from current Airstream stockholding will be fixed for 14 days from the date of the proposal;
unless a proposal specifically stipulates, in writing, that the product will be supplied from current Airstream stockholding, the pricing indicated in respect of thai product is not fixed and will be subject to fluctuation;
the pricing in respect of the subsequent supply of any product referred to in a fixed -price proposal will be calculated in accordance with the exchange rate ruling at the time of costing of the subsequent supply;
unless otherwise stipulated by the client in writing at the time of placing of the order, forward exchange contracts will be taken out on all orders for non-stock products and the cost of the forward exchange contract will be included in the product pricing indicated in the proposal.
OWNERSHIP AND RISK:
Notwithstanding delivery, the ownership of any product shall remain vested in Airstream until Airstream has received full payment of the quoted purchase price, VAT and associated costs (if any and as stated in the Airstream proposal) in respect of that product. Risk in the product will pass from Airstream to the customer upon delivery of the product and in the event that Aimtream agrees to deliver a product to premises of the customer , transport shall be for the account and risk of Airstream and offloading of the product shall be for the account and risk of the customer. Until a product is fully paid for:
the customer shall take reasonable care of the product to prevent loss or damage;
the customer will ensure that the product is comprehensively insured against any loss or damage;
the customer will not sell or dispose of the product or encumber the product in any way, including by landlord’s lien; and
Airstream will be entitled to give notice of its continued ownership of the product to any possessor of the product and the landlord of any premises on which the product is to be found.
DELIVERY:
Where the Airstream proposal does not provide for transport, offloading or installation, delivery shall be completed when the products are dispatched from the Airstream premises to the customer, as notified by Airstream. Where the Airstream proposal does provide for transport, offloading or installation, delivery shall be completed when the products have been offloaded or installed, as notified by Airstream. Upon delivery of products to the premises of the customer, the customer must immediately inspect the products for defective delivery (incorrect products, for instance) and for damage during transport or delivery and unless the customer, immediately upon such delivery, notifies Airstream of defective delivery or damage, the customer will be deemed to have accepted delivery. Airstream will not accept wording such as “UNEXAMINED” or “UNCHECKED” as conditional acceptance of delivery and notwithstanding such wording, the customer will be deemed to have accepted delivery unconditionally.
Any times quoted for delivery are dependent upon receiving of all necessary information to enable Airstream to commence work and to proceed therewith without interruption. Whenever any delay is caused by any instructions, or the lack thereof, by lhe customer, or as a result of industrial dispute or force majeure or any other cause whatsoever beyond the reasonable control of Airstream, the time for delivery shall be extended by a reasonable period in the circumstances.
In the event of the customer being unable or unwilling to take delivery, upon notification by Airstream that delivery can be elected, the customer shall nevertheless adhere to the terms of payment and shall, in the case of orders not providing for installation or erection, additionally pay to Airstream on request a certain percentage of the order value as storage for each month or part of a month during which the customer fails to take delivery as well as all reasonable sums expended by Airstream for handling charges , cartage, insurance and the like.
DAMAGE IN TRANSIT:
Any claim relating to a product damaged in transit or during delivery will only be considered if, immediately upon delivery, the relevant transport documents are endorsed “DAMAGED IN TRANSIT/DELIVERY’ or similar wording. The endorsement must be signed by the customer and countersigned by the transporter’s representative (such as the driver) and details of the damage must be clearly stated on the transporter’s delivery documents (or a separate supporting document attached to the transporter’s delivery documents ) to enable Airstream to submit a claim to its insurers .
INSTALLATION AND COMMISSIONING:
Unless otherwise specified in the proposal, the customer shall, at its cost:
prepare the site for the installation of the product and ensure that the site is freely accessible – commissioning can only take place once electrical -, piping-, ducting-, lighting- and civil work is completed – in this regard, it is the responsibility of the client to contract a qualified electrical contractor and to arrange adequate electrical reticulation to a suitably sized electrical isolator in the immediate vicinity of the intended installation and an adequate length of correctly dimensioned cable for connection to the equipment;
provide lihing equipment and all installation and commissioning materials that may be required, as advised by Airstream; provide the labour advised by Airstream, excluding specialists who will be provided by Airstream .
The customer shall afford Airstream a reasonable notice period (at least 3 working days) when requesting commissioning. Unless specifically excluded, commissioning and operator training is included in Airstream proposals and, unless included in writing, travel and subsistence costs and the costs of materials or services additional to those set out in the Airstream proposal are excluded and will be quoted and charged separately – this includes costs that may be necessitated by order of any government -, telecommunications- or municipal authority, such as making provision for disposal of oily condensate generated by a compressor in accordance with the requirements of environmental legislation, for instance.
If installation or commissioning is delayed through no fault of Airstream , the customer shall be liable for and pay all the costs arising out of the delay.
WARRANTY:
Airstream undertakes to replace or repair, in its discretion, any Airstream product that fails through normal use at any time during the warranty period applicable to that product, being:
MECHANICAL:
in respect of any complete product or item of equipment – 12 months;
in respect of any Airstream rotary screw compressor air end – 24 months; in respect of any Airstream spare parts or pump – 3 months;
in respect of any service or works or any other product or item of equipment – 3 months.
ELECTRICAL:
No electrical components will be covered under warranty unless found that they have a mechanical fault. Electrical Faults – 0 months.
This warranty is conditional on operation of the product in accordance with all the applicable operating instructions and will not be valid if the equipment has been improperly or negligently treated, subjected to unsuitable working conditions, incorrectly mounted or wired, or overloaded or if installation or operating instructions have been disregarded, or if it is a case of normal wear and tear.
Transport and delivery of repair or replacement items are not covered by the warranty . On site labour costs of an approved technician is covered by the warranty, but the technician’s travel costs are for the account of the customer. The ownership of any item replaced will automatically be transferred to and vest in Airstream.
Aimtream’s agents, salesmen and employees have no authority to give guarantees or warranties or to make any representations on behalf of Airstream and no guarantee, warranty or representation not contained in these Standard Terms and Conditions shall be of any force or ePect .
INSPECTION & TESTING (PRESSURE EQUIPMENT REGULATIONS) OCCUPATION HEALTH 4 SAFETY ACT, 1993
Airstream Compressors (Pty) Ltd will not be held liable for any costs associated with any inspection, testing and re -certification of pressure equipment as stipulated below and any such costs are excluded from all quotations where pressure equipment has been specified. Regulation requires that the user shall contract an A.I.A (Approved Inspection Authority) to carry out such inspections and lests aner the installation and commissioning of pressure equipment and every subsequent 36 months thereafter.
The user shall also keep safe, all documentation supplied with pressure equipment and any subsequent documentation supplied by the A .I.A after testing and inspection of pressure equipment.
Subject to the requirements of the relevant health and safety standards incorporated into South African regulations under section 44 of the Occupational Health & Safety Act 1993 & Pressure Equipment Regulations July Z009 [Regulation 11], the user shall cause –
Pressure vessels, including pressure and safety accessories, after they are installed or re-installed and before they are commissioned, to be subjected to a witnessed internal and external inspection of a hydraulic pressure test to 1.25 times the design pressure by an approved inspection authority: Provided that Category I equipment as categorized In terms of SANS 347 may be inspected, tested and witnessed by the user: provided further that the user may, subject to the written approval of an approved inspection authority, dispense with the internal inspection and hydraulic pressure test where it could have an adverse effect on the operation or integrity of the pressure equlpment.
LIMITATION OF LIABILITY:
Other than the above mentioned warranty, Airstream shall under no circumstances whatsoever have any liability towards the customer for any loss or dama9e, direct, indirect or consequential, suWered by the customer or any personnel or representative of the customer that is directly or indirectly caused by any defect in any goods or services supplied by Airstream; a breach by Airstream of its obligations in terms hereof; or any other acl or omission of Airstream, its employees and agents in connection with the execution of this agreement, including any delay in delivery or failure of equipment.
DISPUTE RESOLUTION:
Should any dispute arise between the parties concerning these Standard Terms and Conditions, the parties will try to resolve the dispute by negotiation and to this end, either party may invite the other in writing to a meeting at which the parties will attempt to resolve the dispute. If the dispute is not resolved by such negotiation within 7 days from the date of the written invitation, either party may declare a dispute by notifying the other party in writing and submitting the dispute to final arbitration in accordance with the Rules of the Arbitration Foundation of Southern Africa (AFSA) by an arbitrator or arbitrators appointed by AFSA.
INTELLECTUAL PROPERTY:
The customer shall have no right to use the name “Airstream” or to use, alter or adapt any trade mark, trade name, brand name or other product identification owned or used by Airstream (the “Airstream trade marks”) except on and in respect of products obtained from Airstream. The Airstream trade marks and other intellectual property of Airstream, Including copyright in Airstream product documentation, are and shall remain the property of Airstream at all times and the customer shall not acquire any rights, ownership or interest in the Airstream intellectual property. The customer will immediately inform Airstream if it becomes aware of any infringement of any Airsveam trade mark or other intellectual property right of Airstream and it will assist Airstream, at the request and cost of Airstream, in any legal protecflon or defense of the Airstream trade marks or other intellectual property. Nothing in these Standard Tarms and Conditions shall be construed as obligating Airstream to commence any legal proceedings or take any other steps to protect the Airstream trademarks or other intellectual property right
Payfast terms
- Detailed description of goods and/or services
Airstream Compressors SA (Pty) Ltd is a business in the Compressed Air Equipment industry that sell, repair and service Compressed Air Equipment.
- Delivery Policy
Subject to availability and receipt of payment, requests will be processed within 3 – 5 working days and delivery confirmed by way of invoice emailed to recipient and a courier company pin will be sent to you for smaller parcels and a courier waybill number for machines and pressure vessels.
- Export restriction
The offering on this website in available to South African clients only.
- Return and Refund policy
The provision of goods and services by Airstream Compressors SA (Pty) Ltd is subject to availability. In cases of unavailability, Airstream Compressors SA (Pty) Ltd will refund the client in full within 30 days. Cancellation of orders by the client will attract a 15% administration fee. If you receive a part that is found to be damaged upon receipt, please send us the invoice number, photo of the part that has been damaged with the box and part number to orders@airstreamsa.co.za, so we can investigate and either refund you or send you a new part, provided the one sent back to us is found to be faulty/damaged from our side. Courier back to Airstream Compressors SA (Pty) Ltd is for the customers’ account and if found that the fault was with Airstream Compressors SA (Pty) Ltd, the courier costs back to the client will be covered by Airstream Compressors SA (Pty) Ltd. For warranty terms and conditions, please see https://airstreamsa.co.za/wp-content/uploads/2024/06/Terms-Conditions.pdf
All products are to be shipped back to the address it was ordered from:
Airstream Head office (Durban)
Airstream Compressors SA (Pty) Ltd
3 Circuit Road
Westmead
Pinetown
3610
Airstream Gauteng Branch (Meadowdale)
Airstream Compressors SA (Pty) Ltd
Unit 10A Eden Crossing,
Dick Kemp street,
Meadowdale
1609
Airstream Cape Town Branch (Parow)
Airstream Compressors SA (Pty) Ltd
Unit 15, Dundas Park,
23 Junction Road, Parow Industrial,
Cape Town,
7500
- Customer Privacy Policy
Airstream Compressors SA (Pty) Ltd shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, “personal information” shall be defined as detailed in Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be accessed on: https://www.justice.gov.za/legislation/acts/2000-002.pdf
- Payment options accepted
Payment may be made via Visa, MasterCard, Diners or American Express Cards or by bank transfer into the Airstream Compressors SA (Pty) Ltd bank account, the details of which will be provided on request.
Although Airstream Compressors SA (Pty) Ltd accepts a variety of payment methods, we retain the right only to accept certain payment methods in some cases. Cash or cheque payments are not accepted and please note that we do not accept liability of any losses.
Sales Tax – there is no additional sales tax charged on our products. Sales Tax is included in the indicated price.
- Card acquiring and security
Card transactions will be acquired for Airstream Compressors SA (Pty) Ltd via PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. Payfast uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL2) and no Card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.
- Customer details separate from card details
Customer details will be stored by Airstream Compressors SA (Pty) Ltd separately from card details which are entered by the client on Payfast’ s secure site. For more detail on Payfast refer to www.payfast.co.za.
- Merchant Outlet country and transaction currency
The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR).
- Responsibility
Airstream Compressors SA (Pty) Ltd takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods.
- Country of domicile
This website is governed by the laws of South Africa and Airstream Compressors SA (Pty) Ltd chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatever nature 3 Circuit Road, Westmead, Pinetown, 3610.
- Variation
Airstream Compressors SA (Pty) Ltd may, in its sole discretion, change this agreement or any part thereof at any time without notice.
- Company Information
This website is run by Airstream Compressors SA (Pty) Ltd based in South Africa and with registration number 99/02362/07 and Directors Lester Davis and Grant Vacy-Lyle.
- Airstream Compressors SA (Pty) Ltd contact details
Head Office (Durban)
Physical Address: 3 Circuit Road, Westmead, Pinetown, 3610.
Email: orders@airstreamsa.co.za
Telephone: 031 700 6501 / 065 861 6957
Gauteng Office (Meadowdale)
Physical Address: Unit 10 Eden Crossing, Dick Kemp Street, Meadowdale, Gauteng, 1609
Email: orders@airstreamsa.co.za
Telephone: 011 392 1965 / 065 985 9198
Cape Town Office (Parow East)
Physical Address: Unit 15, Dundas Park, 23 Junction Road, Parow Industrial, Cape Town, 7500
Email: orders@airstreamsa.co.za
Telephone: 021 939 6046 / 065 877 2189