GENERAL TERMS & CONDITIONS

Last updated: September 2026

These General Terms & Conditions apply to the use of the Virtigo website and, where applicable, to quotations, orders, products and services supplied by Virtigo.

Certain products and services are subject to additional terms and conditions. In particular, the supply, collection and delivery of sand, stone, gravel, aggregates and other bulk materials are also subject to our Material Supply Terms & Conditions.

By accepting a quotation, placing an order or instructing Virtigo to proceed with products or services, you agree to the terms applicable to that transaction.

Nothing in these Terms & Conditions is intended to exclude, restrict or override any rights or remedies that cannot lawfully be excluded under South African law.

1. ABOUT VIRTIGO

“Virtigo”, “we”, “us” or “our” refers to the relevant company within the Virtigo Group identified on the applicable quotation, order, invoice or agreement as the supplier of the products or services.

“Customer”, “you” or “your” refers to the person, company or other entity requesting, ordering or receiving products or services from Virtigo.

The specific Virtigo entity identified on the applicable quotation, order confirmation or invoice is the entity contracting with the customer for that transaction.

2. APPLICATION OF THESE TERMS

These General Terms & Conditions apply together with:

the applicable quotation;
order confirmation;
invoice;
credit application or credit agreement, where applicable;
any written project or service agreement;
any applicable service-specific terms; and
our Material Supply Terms & Conditions where bulk materials are supplied.

If a specific written agreement expressly conflicts with these General Terms & Conditions, the specific written agreement will apply to the extent of that conflict.

No amendment, waiver or variation of an agreed transaction will be binding unless accepted by Virtigo through an authorised representative.

3. QUOTATIONS

Unless otherwise stated on the quotation, a quotation is an invitation to place an order and does not itself oblige Virtigo to supply the quoted products or services.

Quotations are valid for the period stated on the quotation.

If no validity period is stated, Virtigo may confirm whether the quoted price remains valid before accepting an order.

A quotation is based on the information available to Virtigo when it is prepared. Changes to quantities, specifications, delivery locations, site conditions, access requirements, fuel prices, tolls, supplier prices, scope of work or other relevant circumstances may require the quotation to be revised.

Any work, products, transport, equipment, waiting time or other services falling outside the quoted scope may be charged separately where agreed or otherwise lawfully recoverable.

4. ORDERS & ACCEPTANCE

An order is only regarded as accepted once Virtigo has confirmed acceptance or has commenced performance of the order.

Submitting an enquiry through our website does not constitute an accepted order.

Virtigo may decline an order before acceptance where, for example:

the requested product or equipment is unavailable;
the required delivery or service cannot reasonably be performed;
credit approval has not been obtained;
required information has not been provided;
payment requirements have not been met; or
the order cannot reasonably or safely be fulfilled.

Where availability changes after an order has been accepted, Virtigo will communicate with the customer and deal with the order in accordance with the applicable agreement and law.

5. CUSTOMER INFORMATION

The customer is responsible for providing complete and accurate information reasonably required for Virtigo to quote, plan and perform the requested supply or service.

This may include:

customer and company details;
billing information;
delivery or project location;
quantities;
specifications;
site access information;
contact details;
delivery instructions;
equipment requirements; and
other information relevant to the work.

Virtigo will not be responsible for additional costs, delays or unsuccessful delivery or performance caused by materially incorrect, incomplete or withheld information supplied by the customer, except to the extent that Virtigo is legally responsible.

6. AUTHORITY TO PLACE ORDERS

A person placing an order on behalf of a company, business, farm, trust or other organisation represents that they have authority to do so.

Virtigo may reasonably rely on instructions received from the customer’s authorised representatives, employees or usual contact persons unless the customer has informed Virtigo otherwise.

Customers are responsible for informing Virtigo when a person’s authority to place orders or issue instructions has been withdrawn or changed.

7. PRICES

Prices are those reflected in the applicable quotation, price confirmation or agreement.

Unless expressly stated otherwise, prices will be treated as exclusive or inclusive of VAT as indicated on the applicable quotation or invoice.

Additional costs may apply where the scope or circumstances of the order change, including changes relating to:

quantities;
delivery distance;
additional trips;
waiting time;
tolls;
abnormal access requirements;
additional equipment;
additional labour;
changed specifications; or
work requested outside the original scope.

Where reasonably possible, additional charges will be communicated to the customer before the additional cost is incurred.

8. PAYMENT

Payment must be made according to the terms stated on the applicable quotation, invoice, account arrangement or agreement.

Customers without approved credit facilities may be required to make payment before products are released, delivered or services commence.

Virtigo may require a deposit or advance payment for particular products, services, equipment bookings or projects.

Payment must be made using an approved payment method and into the bank account nominated by Virtigo.

The customer is responsible for using the correct payment reference where one has been provided.

9. BANKING DETAILS & PAYMENT FRAUD

Customers should exercise caution when receiving any communication purporting to advise of a change to Virtigo’s banking details.

Virtigo recommends independently verifying any change of banking details with a known Virtigo contact before making payment.

Virtigo will not be responsible for payments made into an incorrect or fraudulent bank account where the incorrect details did not originate from Virtigo or its authorised systems, subject to applicable law and the particular circumstances.

10. CREDIT ACCOUNTS

Credit facilities are granted at Virtigo’s discretion and may be subject to a separate credit application, credit limit and payment terms.

Granting credit on one transaction does not create an obligation to provide credit on future transactions.

Virtigo may review, reduce, suspend or withdraw a credit facility where reasonably justified, including where an account is overdue or the customer’s credit risk materially changes.

The customer remains responsible for ensuring that orders placed on its account are authorised.

11. OVERDUE ACCOUNTS

Amounts not paid when due may result in the suspension of further supply or services, subject to applicable law and any agreed credit terms.

Where legally permissible and provided for in the applicable agreement or credit terms, interest may be charged on overdue amounts.

The customer may also be responsible for reasonable and lawfully recoverable costs incurred in collecting overdue amounts.

Nothing in this clause permits Virtigo to charge interest, fees or collection costs prohibited by applicable law.

12. CANCELLATIONS & CHANGES

Requests to cancel or change an accepted order must be communicated to Virtigo as soon as possible.

Whether an order may be cancelled or changed, and whether any cancellation or other charge applies, will depend on factors including:

whether performance has commenced;
whether transport has been dispatched;
whether equipment has been reserved or mobilised;
whether material or products have been specially sourced;
whether third-party costs have already been incurred; and
any rights available to the customer under applicable law.

Virtigo will not impose a cancellation charge that is prohibited or unreasonable under applicable law.

13. AVAILABILITY

Products, equipment, vehicles and personnel are subject to availability.

Availability may be affected by factors including stock levels, production, mining operations, maintenance, breakdowns, weather, road conditions, supplier availability and existing commitments.

Virtigo will make reasonable efforts to communicate material changes affecting an accepted order.

14. DELIVERY & PERFORMANCE TIMES

Dates and times provided for delivery or performance are estimates unless expressly agreed in writing as fixed.

Virtigo will make reasonable efforts to meet agreed schedules, but operations may be affected by circumstances such as:

traffic and road conditions;
road closures;
weather;
loading or unloading delays;
site conditions;
mechanical breakdowns;
accidents;
regulatory restrictions;
supplier delays; and
circumstances beyond Virtigo’s reasonable control.

Customers should not assume that an estimated delivery or completion time is guaranteed unless this has specifically been agreed.

15. CUSTOMER SITES & ACCESS

Where Virtigo is required to enter a customer’s property, project site, farm, mine, construction site or other premises, the customer must disclose relevant access restrictions, hazards and site requirements before performance where reasonably possible.

The customer is responsible for ensuring that Virtigo has lawful and reasonably safe access to the area where the products or services are required.

Virtigo personnel and drivers may refuse an instruction or stop work where they reasonably believe that continuing would create an unacceptable safety, legal, environmental or equipment risk.

Additional terms concerning access by material delivery vehicles are contained in our Material Supply Terms & Conditions.

16. HEALTH & SAFETY

Virtigo takes health and safety seriously.

Customers must communicate applicable site-specific safety requirements before Virtigo personnel or equipment arrive where reasonably practicable.

Virtigo employees, drivers and operators remain entitled to refuse an instruction that they reasonably consider unsafe or unlawful.

Nothing in an instruction from a customer requires Virtigo or its personnel to act contrary to applicable safety legislation, road traffic requirements, mining requirements or other applicable law.

17. CUSTOMER INSTRUCTIONS

Virtigo will make reasonable efforts to follow lawful and practical instructions provided by the customer.

The customer is responsible for ensuring that instructions provided to Virtigo are accurate and appropriate for the customer’s project.

Virtigo may refuse or seek clarification of an instruction that is unsafe, unlawful, impractical, inconsistent with the agreed scope or reasonably likely to damage equipment or property.

18. THIRD-PARTY PRODUCTS & SERVICES

Virtigo may, where appropriate, source products, transport, equipment or services from third parties in order to fulfil a customer’s requirements.

Where a third-party product or service forms part of the supply, relevant manufacturer, supplier or service-provider terms, specifications or warranties may also apply.

Virtigo remains responsible for its own obligations to the extent required by applicable law.

19. PRODUCT & SERVICE INFORMATION

Virtigo makes reasonable efforts to ensure that descriptions, specifications, photographs and other information provided to customers are accurate.

However, website information is general in nature and may be updated from time to time.

Photographs are illustrative unless expressly stated otherwise.

Customers requiring a product, material, machine or service to comply with a particular technical, engineering, regulatory or project specification must communicate that requirement before ordering.

20. WEBSITE INFORMATION

Information published on the Virtigo website is provided for general information about our business, capabilities, products and services.

Website content does not constitute an engineering design, professional recommendation or project-specific technical advice.

Customers should obtain appropriate professional advice where a project requires engineering, geotechnical, environmental, legal or other specialised expertise.

Submitting a website enquiry does not guarantee availability, pricing or acceptance of an order.

21. INTELLECTUAL PROPERTY

Unless otherwise stated, the content of the Virtigo website, including text, photographs, graphics, branding, logos, designs and other original material, belongs to Virtigo or is used with permission.

Website content may not be copied, reproduced, republished, distributed or used for commercial purposes without prior permission, except where permitted by law.

Virtigo’s names, logos and branding may not be used in a manner that suggests endorsement, affiliation or authorisation without permission.

22. THIRD-PARTY LINKS

The Virtigo website may contain links to third-party websites or services.

These links may be provided for convenience or information. Virtigo does not control third-party websites and is not responsible for their content, availability, security or privacy practices.

Users should review the terms and policies applicable to third-party websites independently.

23. PRIVACY & PERSONAL INFORMATION

Personal information provided to Virtigo will be handled in accordance with applicable South African data-protection law and our Privacy Policy.

Our Privacy Policy explains how we collect, use, store and protect personal information and is available on our website.

24. COMPLAINTS & PROBLEMS

If you believe there is a problem with a Virtigo product or service, please notify us as soon as reasonably possible.

Providing the following information will help us investigate:

quotation, invoice, order or delivery note number;
description of the problem;
date of supply or service;
project or delivery location;
photographs or supporting information where relevant; and
contact details of the person dealing with the matter.

Virtigo must be given a reasonable opportunity to investigate a complaint and, where appropriate, inspect the relevant product, material, equipment, site or work.

Specific procedures concerning complaints about bulk materials are contained in our Material Supply Terms & Conditions.

25. WARRANTIES & STATUTORY RIGHTS

Nothing in these General Terms & Conditions excludes any warranty, guarantee, right or remedy that cannot lawfully be excluded.

Where the Consumer Protection Act 68 of 2008 or another applicable law gives a customer rights in relation to products or services, those rights continue to apply to the extent required by law.

Any additional commercial warranty offered by Virtigo will be subject to the terms communicated with that warranty.

26. LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, Virtigo will not be liable for indirect, special or consequential loss arising from a transaction, including loss of profit, loss of production or loss resulting from project delay, except where such liability cannot lawfully be excluded or limited.

Virtigo will not be responsible for loss or damage caused by:

materially incorrect information supplied by the customer;
unauthorised or unsafe customer instructions;
use of a product or service for a purpose materially different from that communicated to Virtigo;
failure to disclose a relevant project specification;
unsafe or unsuitable site conditions outside Virtigo’s control;
acts or omissions of independent third parties for whom Virtigo is not legally responsible; or
circumstances beyond Virtigo’s reasonable control,

except to the extent that the loss or damage was caused by Virtigo or liability cannot lawfully be excluded.

Any provision limiting liability must be interpreted subject to applicable South African law.

27. CUSTOMER RESPONSIBILITY

The customer is responsible for:

providing accurate information;
communicating relevant specifications;
obtaining approvals, permissions and professional advice required for its project;
ensuring that its site is reasonably ready for the requested work or delivery;
ensuring that persons issuing instructions on its behalf are authorised; and
using supplied products, materials and services appropriately.

Nothing in this clause transfers to the customer a responsibility that the law places on Virtigo.

28. EVENTS OUTSIDE REASONABLE CONTROL

Virtigo will not be regarded as being in breach of an obligation to the extent that performance is prevented or materially delayed by circumstances beyond its reasonable control.

These may include severe weather, flooding, fire, road closures, civil disturbance, strikes, governmental restrictions, interruptions to utilities, major mechanical failure despite reasonable maintenance, supply-chain disruption or other comparable events.

Virtigo will make reasonable efforts to mitigate the effect of such circumstances and communicate material delays where practicable.

This clause does not excuse obligations that applicable law does not permit to be excluded.

29. ELECTRONIC COMMUNICATION

Customers may communicate with Virtigo electronically, including by email, website enquiry forms and other approved communication channels.

Electronic communications are not necessarily regarded as acceptance of an order, amendment of an agreement or confirmation of an instruction unless the communication reasonably indicates that Virtigo has accepted it.

Customers should contact Virtigo if an important instruction or order confirmation has not been acknowledged.

30. NO WAIVER

If Virtigo does not immediately enforce a right under an agreement, this does not mean that the right has been waived.

A waiver relating to one event does not automatically apply to another event.

31. SEVERABILITY

If any provision of these Terms & Conditions is found to be invalid or unenforceable, that provision will be interpreted or limited to the extent reasonably necessary to make it enforceable where possible.

If it cannot be made enforceable, it may be severed without affecting the remaining provisions.

32. GOVERNING LAW

These General Terms & Conditions and transactions with Virtigo are governed by the laws of the Republic of South Africa.

Any dispute will be dealt with by a court or other forum having jurisdiction under applicable South African law.

Nothing in this clause prevents a consumer from exercising any right to approach the National Consumer Commission, Consumer Tribunal, applicable ombud, court or other body where entitled to do so.

33. CHANGES TO THESE TERMS

Virtigo may update these General Terms & Conditions from time to time.

Changes will apply prospectively and will not retrospectively alter an existing accepted order or agreement unless agreed or permitted by law.

The latest version will be published on our website together with the date of the most recent update.

34. MATERIAL SUPPLY

Customers purchasing sand, stone, gravel, aggregates, laterite, filling material, bedding material or other bulk materials from Virtigo must also read our Material Supply Terms & Conditions.

Those terms contain important information concerning:

material selection and specifications;
natural variation;
quantities and weighbridge measurements;
collections;
deliveries;
inspection before tipping;
delivery notes;
site access;
returns and complaints; and
bulk material handling.

VIEW MATERIAL SUPPLY TERMS & CONDITIONS

35. CONTACT

Questions concerning these Terms & Conditions, quotations, orders or Virtigo’s products and services may be directed to us using the contact details provided on our website.