Terms of service
ALUBOATS – TERMS & CONDITIONS
1. GENERAL
These Terms and Conditions apply to all purchases made from AluBoats through our website, by quotation or invoice, by telephone or email, or directly from our premises.
By placing an order with AluBoats, the customer agrees to these Terms and Conditions.
Nothing in these Terms and Conditions is intended to exclude, restrict or limit any rights that a consumer may have under the Consumer Protection Act 68 of 2008, the Electronic Communications and Transactions Act 25 of 2002, or any other applicable South African legislation.
2. PRODUCTS
AluBoats manufactures aluminium boats and related products and supplies trailers, outboard motors, trolling motors, marine electronics, refrigerators, safety equipment and other boating accessories.
We continually develop and improve our products. We therefore reserve the right to make reasonable changes to designs, specifications, materials, components or manufacturing methods, provided such changes do not materially reduce the quality or intended functionality of the product ordered.
Photographs, renders, drawings and illustrations on our website are intended to provide a reasonable representation of our products. Colours, finishes and minor details may vary.
Accessories or equipment shown in photographs are not necessarily included unless specifically stated in the product description, quotation or invoice.
3. CUSTOM-BUILT BOATS & SPECIAL ORDERS
Many AluBoats products are manufactured, ordered or configured specifically for an individual customer.
Custom-made or special-order products may include, but are not limited to:
• Custom-built aluminium boats
• Custom trailers
• Customer-selected boat layouts
• Consoles and seating configurations
• Upholstery, flooring and carpeting
• Customer-selected colours and finishes
• Custom modifications
• Outboard motors specifically ordered for a customer
• Electronics, refrigerators and accessories specially procured or installed for an order
• Products manufactured according to customer-supplied dimensions or specifications
Custom-made, personalised and specially procured goods may be subject to different cancellation and return provisions from standard stock items, subject always to applicable South African law.
4. QUOTATIONS & PRICING
All prices are stated in South African Rand (ZAR) unless otherwise specified.
Written quotations are valid for the period stated on the quotation.
Prices of imported products, motors, electronics and other third-party equipment may be affected by supplier price changes, exchange rates, freight charges, duties and other costs.
Once an order has been accepted and the required payment or deposit has been received, the agreed price will apply subject to customer-requested changes, additions or other terms specifically agreed in writing.
5. DEPOSITS & PAYMENT
AluBoats may require a deposit before manufacturing, procurement or special ordering commences.
The applicable deposit and payment schedule will be stated on the customer's quotation, order confirmation or invoice.
Unless otherwise agreed in writing, all outstanding amounts must be paid before final collection or delivery of the goods.
Goods remain the property of AluBoats until payment has been received in full, to the extent permitted by law.
6. CUSTOMER-REQUESTED CHANGES
Changes requested after manufacturing or procurement has commenced may result in additional charges and/or an extension of the estimated completion date.
Certain changes may no longer be possible once a particular manufacturing stage has been completed or components have been specially ordered.
Where applicable, additional charges will be communicated to the customer before the additional work proceeds.
7. MANUFACTURING & LEAD TIMES
Manufacturing, completion and delivery dates provided by AluBoats are estimates unless expressly guaranteed in writing.
AluBoats will make reasonable efforts to meet estimated completion dates.
Delays may occur due to material availability, supplier delays, imported components, transport disruptions, customer-requested changes or circumstances reasonably outside our control.
Where reasonably possible, we will keep the customer informed of significant delays.
8. OUTBOARD MOTORS & THIRD-PARTY EQUIPMENT
Outboard motors, trolling motors, fish finders, refrigerators, batteries, electronics and other third-party products may be covered by warranties supplied by their respective manufacturers, importers or distributors.
Customers should comply with applicable servicing, installation and warranty requirements for these products.
Any manufacturer's warranty operates in addition to, and does not replace, statutory consumer rights where applicable.
9. WARRANTY & DEFECTIVE PRODUCTS
AluBoats stands behind the quality of its workmanship and manufactured products.
If a customer believes that a product has a manufacturing defect, the customer should notify AluBoats as soon as reasonably possible and allow us a reasonable opportunity to inspect and assess the product.
Where a product is found to be defective, the matter will be handled in accordance with applicable South African consumer legislation.
Nothing in these Terms and Conditions limits a customer's statutory rights regarding defective, unsafe or unsuitable goods.
10. NORMAL WEAR, DAMAGE & MAINTENANCE
A manufacturing defect does not include ordinary wear and tear or damage caused by:
• Accidents or collisions
• Negligent or improper operation
• Overloading
• Improper towing
• Unauthorised modifications
• Incorrect installation by a third party
• Failure to perform required maintenance
• Corrosion or damage caused by improper care or storage
• Use contrary to manufacturer instructions
• Damage caused by circumstances outside the reasonable control of AluBoats
This provision does not limit any statutory rights that cannot lawfully be excluded.
11. BOAT OPERATION & SAFETY
The owner and/or operator is responsible for ensuring that the boat is operated safely, responsibly and legally.
The owner/operator remains responsible for ensuring that all applicable certificates, licences, safety equipment, skipper qualifications and other legal requirements are maintained for the vessel and its intended operating area.
Where AluBoats assists with certification, registration, safety equipment or related services, the exact services included will be those specified in the quotation or invoice.
12. COLLECTION & DELIVERY
Collection and delivery arrangements will be dealt with in accordance with our Shipping & Delivery Policy.
Customers collecting boats or trailers are responsible for ensuring that the towing vehicle, towbar and associated equipment are suitable and legally compliant for the load being collected.
13. INTELLECTUAL PROPERTY
All AluBoats designs, drawings, CAD and DXF files, manufacturing information, photographs, renders, logos, branding and other proprietary material remain the intellectual property of their respective owner.
They may not be copied, reproduced, distributed, reverse-engineered or commercially exploited without prior written permission.
14. WEBSITE INFORMATION
We take reasonable care to ensure that product descriptions, specifications and prices displayed on our website are accurate.
If an obvious error occurs in a product description, specification or price, AluBoats will contact the customer and provide an opportunity to confirm or cancel the affected order where appropriate and in accordance with applicable law.
15. LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, AluBoats will not be responsible for indirect or consequential losses arising from misuse, improper installation, unauthorised modification or operation contrary to supplied instructions.
Nothing in this clause excludes or limits liability where doing so would be prohibited by South African law.
16. GOVERNING LAW
These Terms and Conditions are governed by the laws of the Republic of South Africa.
Any provision of these Terms and Conditions that conflicts with a mandatory provision of applicable consumer legislation will be interpreted and applied subject to that legislation.