Terms and Conditions

1.  DEFINITIONS

  • COMPANY: 

    Refers to NextGen Modular.

  • CLIENT:

    The individual or entity purchasing modular buildings from the Company.

  • GOODS:

    Modular buildings supplied by the Company.

  • ORDER:

    A request by the Client to purchase Goods from the Company.

  • LATENT DEFECTS:

    Defects in the Goods that are not discoverable upon reasonable inspection at the time of
    delivery but become apparent within the specified warranty period.

  • FOB:

    Is a shipping term that stands for “free on board.” If a shipment is designated FOB (the seller’s location), then as soon as the shipment of goods leaves the sellers warehouse, the seller records the sale as complete.

2.  ACCEPTANCE OF ORDERS

  • All Orders are subject to written acceptance by the Company.
  • Due to the extensive requirements demanded to fulfill orders in a timeously manner, we require 100% Full payment upfront upon confirmation & placement of the order. 

3.  PRICING & PAYMENT TERMS

  • Prices are quoted in South African Rand (ZAR)/United States Dollar (USD) and are exclusive of vat, taxes,
    duties, and delivery charges unless otherwise stated.

4.  DELIVERY, TRANSPORT & RISK OF LOSS

  • All sales are FOB (Free on Board) at the NextGen Modular Warehouse facility in Johannesburg South Africa.
  • The Company will select the freight carrier and arrange for shipping unless otherwise agreed upon.
  • Title and risk of loss pass to the Client once the Goods are in possession of the freight carrier.
  • Delivery dates are estimates and subject to change. The Company is not liable for delays beyond its control.

TRANSPORT SERVICES:

  • The Company can provide a transport quote on behalf of the Client using our preferred transporter.
  • If the Client chooses to use this service, the full transport amount must be paid upfront before dispatch.
  •  The Company will not be liable for any delays or issues once the Goods are in the possession of the transporter.

5.  INSPECTION & ACCEPTANCE

  • The Client must inspect the Goods within three (3) days of receipt.
  • Any claims for non-conforming Goods must be made in writing within the Inspection Period.
  • Failure to notify the Company within this period constitutes acceptance of the Goods.

6.  WARRANTY & LATENT DEFECTS

  • The Company offers a warranty against latent defects for a period of twelve (12) months from the date of delivery and inspection.
  • This warranty covers defects not discoverable upon reasonable inspection at the time of delivery.

The Companies liability under this warranty is limited to repair or replacement of the defective Goods, at its discretion.

THE WARRANTY DOES NOT COVER:

  • Defects arising from improper installation by the Client or third parties.
  • Normal wear and tear.
  • Damage caused by misuse or neglect.

7.  INSTALLATION

  • The Company supplies Goods only and does not provide installation services.
  •  An erection procedure will be provided to assist the Client.
  •  The Company is not liable for any issues arising from the installation process.

8.  LIMITATION OF LIABILITY

  •  The Companies liability is limited to the value of the Goods supplied.
  •  The Company is not liable for any indirect, incidental, or consequential damages arising from the use or inability to use the Goods.

9.  GOVERNING LAW

  •  These Terms and Conditions are governed by the laws of the Republic of South Africa.
  •  Any disputes arising shall be subject to the exclusive jurisdiction of the courts of South Africa.

10.  FORCE MAJEURE

  •  The Company is not liable for failure to fulfil its obligations due to causes beyond its reasonable control, including but not limited to natural disasters, acts of war, or governmental restrictions.

11.  EXPORT COMPLIANCE

  • The Client is responsible for compliance with all import and export regulations applicable to the purchase and transportation of the Goods.

12.  ENTIRE AGGREEMENT

  • These Terms and Conditions constitute the entire agreement between the Company and the Client and
    supersede all prior agreements or understandings.

13.  SEVERABILITY

  • If any provision of these Terms and Conditions is found to be unenforceable, the remaining provisions shall continue in full force and effect.

14.  AMENDMENTS

  • The Company reserves the right to amend these Terms and Conditions at any time.
  • Any amendments will be communicated to the Client in writing.

15.  ACCEPTANCE OF TERMS

  • By placing an Order with the Company, the Client acknowledges and agrees to these Terms and Conditions.