MATERIAL SUPPLY TERMS & CONDITIONS
MATERIAL SUPPLY TERMS & CONDITIONS
These Terms & Conditions apply to the sale, collection and delivery of materials supplied by Virtigo. By placing an order, collecting material or accepting delivery, the customer agrees to these terms, subject always to any rights that cannot lawfully be excluded.
1. ORDERS & MATERIAL SELECTION
Customers are responsible for confirming the material required before placing an order.
Where material is required to meet a particular engineering, municipal, construction, thermal or other technical specification, the customer must provide the applicable specification to Virtigo before ordering.
Virtigo may assist customers in selecting a material based on information provided to us, but the customer remains responsible for ensuring that the material ordered is appropriate for the intended application, except where applicable law provides otherwise.
Quotations are based on the material, quantity, delivery location and other information supplied by the customer at the time of quotation.
2. NATURAL MATERIALS
Sand, gravel, stone, laterite and other naturally occurring materials are not manufactured products.
Natural variations in colour, texture, grading, moisture content, composition and appearance may occur between loads and at different areas or stages of a stockpile or source.
Photographs and material samples are indicative and reasonable natural variation should be expected.
Where exact characteristics or compliance with a particular specification are required, this must be communicated to Virtigo before the order is placed.
3. MATERIAL IS SOLD BY WEIGHT
Unless specifically agreed otherwise, bulk material is sold by the tonne.
Where quantities are provided or estimated in cubic metres (m³), any conversion to tonnes is an estimate only. Actual weight may vary due to material type, density, moisture content and other natural factors.
The applicable weighbridge weight will be used to determine the quantity supplied and charged.
4. NO MINIMUM ORDER
Virtigo does not impose a general minimum quantity on materials collected directly from our operation, subject to availability and practical loading requirements.
Delivery orders may be subject to minimum practical load requirements or transport charges depending on the vehicle, material, distance and delivery requirements.
5. WE DO NOT BAG MATERIAL
Virtigo supplies material in bulk and does not provide a bagging service.
6. CUSTOMER COLLECTIONS
Customers may collect material using their own suitable vehicle or a transporter appointed by them.
This, however, needs to be agreed upon when the order is placed.
7. CHECK YOUR MATERIAL BEFORE ACCEPTING DELIVERY
Customers, their employees or their authorised representatives should inspect the material when it arrives and before it is tipped or otherwise incorporated into the site.
If the material delivered is visibly incorrect, materially different from what was ordered, obviously contaminated, or there is another apparent problem with the delivery, the customer should:
DO NOT ACCEPT OR TIP THE LOAD.
The customer must notify the driver immediately and contact Virtigo so that the matter can be investigated.
Any visible discrepancy should be recorded on the delivery note before it is signed.
Signing a delivery note without noting an apparent discrepancy may be relied upon as evidence that no visible discrepancy was identified at the time of delivery. It does not exclude any rights or remedies that cannot lawfully be excluded.
8. ONCE MATERIAL HAS BEEN TIPPED
Customers are strongly encouraged to inspect and confirm the material before authorising tipping.
Where material has been accepted and tipped, spread, compacted, mixed with other material, incorporated into works or otherwise altered, it may become difficult or impossible to establish its original condition or recover it.
Virtigo reserves its rights in relation to claims made after material has been used, mixed or altered, subject to applicable law.
Customers should therefore contact Virtigo immediately if they believe there is a problem and, where reasonably possible, leave the disputed material untouched while the matter is investigated.
9. DELIVERY ACCESS
The customer is responsible for providing safe, suitable and lawful access to the delivery point.
Before requesting delivery, customers must consider:
• road and entrance width;
• overhead cables, trees and structures;
• gates and access restrictions;
• soft, wet or unstable ground;
• slopes and uneven surfaces;
• underground services;
• turning space;
• the size and weight of the delivery vehicle; and
• sufficient safe space for tipping.
Our drivers may refuse to enter or tip at a location they reasonably consider unsafe or unsuitable.
10. OFF-ROAD ACCESS & CUSTOMER INSTRUCTIONS
Where a customer requests or directs a Virtigo vehicle to leave a public or suitable established roadway, enter a construction site, farm, field, yard or other off-road area, the customer is responsible for ensuring that the route and tipping area are reasonably suitable for the vehicle.
Virtigo is not responsible for ordinary damage to lawns, paving, driveways, verges or similar surfaces resulting from the weight or normal operation of a heavy delivery vehicle where access was requested by the customer, except to the extent that liability cannot lawfully be excluded.
Additional costs arising from unsuitable access, including recovery or towing where appropriate, may be charged to the customer where the circumstances justify it.
11. WAITING TIME & DELAYS
Customers must ensure that the delivery location is ready to receive material when the vehicle arrives.
Excessive waiting time caused by site access restrictions, queues, unavailable personnel, site conditions or other circumstances under the customer’s control may result in additional charges.
Delivery times are estimates unless expressly agreed otherwise.
Transport, road conditions, weather, loading operations and other circumstances may affect delivery times.
12. DELIVERY INSTRUCTIONS
Virtigo will make reasonable efforts to follow delivery and tipping instructions provided by the customer.
The driver retains the right to refuse any instruction that may endanger a person, vehicle, property or equipment.
The customer or an authorised representative should be available at the delivery location where specific placement or tipping instructions are required.
13. QUANTITIES REQUIRED
Virtigo may assist customers with estimating quantities, including converting cubic metres to approximate tonnes.
Such calculations are estimates only unless expressly agreed otherwise.
The customer remains responsible for determining the quantity required for the project.
Virtigo cannot guarantee that an estimated quantity will be sufficient to complete a particular job.
14. AVAILABILITY
Material availability is subject to stock, production, sourcing, weather, operational conditions and prior sale.
Where a particular material is unavailable, Virtigo may offer an alternative, but no substitute material will be supplied without the customer’s agreement.
15. TECHNICAL INFORMATION
Any grading, test result, specification, classification or other technical information provided by Virtigo relates to the material, sample, source or testing circumstances identified in the applicable documentation.
Customers undertaking engineered or specification-driven work must ensure that the material meets the requirements of their particular project before use.
16. RETURNS & COMPLAINTS
Bulk materials cannot ordinarily be returned simply because too much was ordered, the customer changed their mind, or the material has already been tipped, mixed, contaminated or incorporated into works.
This does not limit any return, refund, replacement or other right that a customer may have under applicable law.
Any concern regarding supplied material should be reported to Virtigo as soon as reasonably possible, together with the relevant delivery note or invoice number, photographs where appropriate, the delivery location and a description of the concern.
Virtigo must be given a reasonable opportunity to investigate the material and circumstances giving rise to the complaint.
17. PRICES & QUOTATIONS
Unless stated otherwise, quotations are valid for the period specified on the quotation.
Prices may be affected by material availability, transport distance, fuel costs, tolls, access requirements and other factors relevant to supply.
Any additional work or transport not included in the original quotation may be charged separately where agreed or otherwise lawfully recoverable.
18. PAYMENT
Payment terms are as stated on the applicable quotation, invoice or approved customer account.
Materials may be withheld until payment has been received where payment is required before collection or delivery.
Ownership, risk and other applicable rights relating to material will be determined in accordance with the agreed terms and applicable law.
19. SAFETY ON OUR PREMISES
Customers and third-party transporters entering a Virtigo operational area must comply with all site rules, signage and reasonable instructions from Virtigo personnel.
Mining, stockpiling, loading and heavy-vehicle areas are active operational environments.
Customers may not enter restricted operational areas or approach operating machinery without authorisation.
Children and unauthorised passengers should not enter operational loading areas.
20. GENERAL
These terms must be read together with any quotation, credit application, supply agreement or other written terms agreed between Virtigo and the customer.
Where a specific written agreement has been concluded for a project and conflicts with these general terms, the specific written agreement will apply to the extent of the conflict.
Nothing in these Terms & Conditions is intended to exclude or restrict any right or liability where doing so would be prohibited by South African law.
Virtigo reserves the right to update these Terms & Conditions from time to time. The version applicable to an order will be the version in effect when the order is accepted, unless otherwise agreed.