STANDARD TERMS AND CONDITIONS OF SALE
DEFINITIONS
1.1 “Company” refers to ColdSquare Solutions CC, including its directors, employees, and authorized agents.
1.2 “Client” refers to the individual or entity purchasing goods and/or services from the Company.
1.3 “Equipment” means any refrigeration machinery, units, parts, or other materials supplied or installed by the Company.
1.4 “Work” refers to installation, servicing, repair, commissioning, or any form of engagement performed by the Company.
2. PAYMENT TERMS
2.1 An 80% deposit is required before commencement of any work or procurement of materials.
2.2 The remaining 20% must be paid within 7 days of completion unless otherwise agreed in writing.
2.3 All payments shall be made to the Company’s designated bank account.
2.4 Failure to settle full payment within 30 days of completion will be treated as a material breach of this agreement.
2.5 Payment of the deposit, regardless of whether this document is signed, constitutes full acceptance of these Terms and Conditions.
3. OWNERSHIP AND RETENTION OF TITLE
3.1 All goods and equipment remain the property of ColdSquare Solutions CC until full and final payment is received.
3.2 In the event that Namibian law prevents physical removal of unpaid goods, the Client agrees to pay rental fees on all equipment after 30 days of non-payment, backdated to the completion date.
3.3 The Client authorizes the Company to enter the premises where the goods are stored or installed for the purpose of removing unpaid goods without further legal notice.
4. WARRANTY
4.1 ColdSquare Solutions CC provides a standard warranty of 12 months from the date of installation or delivery, whichever is later.
4.2 All warranty claims must be reported within 7 calendar days of discovering a fault or defect.
4.3 The warranty only applies if the equipment is operated under normal conditions, maintained as prescribed, and not altered or repaired by any unauthorized party.
4.4 Any unauthorized modification, repair, or interference by non-ColdSquare-approved personnel will immediately void the warranty.
4.5 Warranty does not cover damage caused by misuse, negligence, natural disasters, power surges, or third-party equipment.
5. AUTHORIZED PERSONNEL
5.1 Only technicians or contractors authorized in writing by ColdSquare Solutions CC may perform installation, maintenance, or repair on the Company’s equipment.
5.2 Any servicing, troubleshooting, or modifications carried out by unauthorized personnel will nullify all warranty rights and indemnify ColdSquare Solutions CC from any liability.
6. LIABILITY
6.1 ColdSquare Solutions CC is not liable for any consequential or indirect losses, including loss of profit, production, or perishable goods.
6.2 The Company's liability is limited to the repair or replacement of the equipment or component found to be defective.
7. RENTAL AND RECOVERY
7.1 If payment is not received within 30 days of due date, the Company reserves the right to either:
a. Recover the equipment at the Client's cost, or
b. Charge monthly rental fees until full payment is received.
7.2 Rental fees will be calculated based on 5% of the outstanding equipment value per month, unless otherwise agreed.
8. JURISDICTION & DISPUTES
8.1 This agreement shall be governed by and construed in accordance with the laws of the Republic of Namibia.
8.2 In case of dispute, the parties shall first attempt to resolve the matter amicably.
8.3 If resolution fails, the matter shall be referred to a mutually agreed upon third-party arbitrator, whose decision shall be final and binding.
8.4 All legal proceedings, if required, shall take place in a court of competent jurisdiction in Namibia.
9. GENERAL
9.1 No variation or amendment of these terms is valid unless made in writing and signed by both parties.
9.2 These terms supersede all previous negotiations, understandings, or agreements unless otherwise agreed.
9.3 By accepting a quote, placing an order, or paying a deposit, the Client is deemed to have read, understood, and accepted these Terms and Conditions, regardless of whether a physical signature is provided.