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AQUADAM STEEL TANKS INTERNATIONAL1.   DEFINITIONS2.   QUOTATIONS AND CONTRACT FORMATION3.   PRICE AND INVOICING4.   PAYMENT AND CONSEQUENCES OF NON-PAYMENT5.   VARIATIONS AND CANCELLATION6.   SPECIFICATIONS AND SITE CONDITIONS7.   DELIVERY, RISK AND FORCE MAJEURE8.   RETENTION OF TITLE — PACTUM RESERVATI DOMINII9.   INSPECTION, DEFECTS AND DAMAGE ON DELIVERY10.   INSTALLATION11.   WARRANTY12.   LIMITATION OF LIABILITY AND EXCLUSION OF CONSEQUENTIAL DAMAGES13.   INTELLECTUAL PROPERTY AND CONFIDENTIALITY14.   DEFAULT AND INSOLVENCY15.   PROTECTION OF PERSONAL INFORMATION (POPIA)16.   CONSUMER PROTECTION ACT 68 OF 2008 (CPA)17.   PURCHASER REPRESENTATIONS AND CREDIT18.   GENERAL PROVISIONS

 

AQUADAM STEEL TANKS INTERNATIONAL

GENERAL TERMS AND CONDITIONS OF SALEAquasteel Proprietary Limited  |  Reg. No. 2014/192721/07311 Alwyn Str., Waltloo, Pretoria  |  sales@aquadam.co.za  |  +27 (0)12 810 0940Version 5.0  |  Effective: March 2026  |  Supersedes all prior versionsThese General Terms and Conditions of Sale ("Conditions") govern every contract for the supply, delivery and/or installation of Aquadam's steel water tanks and related products and services ("Goods") by Aquasteel Proprietary Limited, trading as Aquadam Steel Tanks International, and any related entities (collectively "Aquadam"), to any person or entity placing an order ("Purchaser"). By signing a quotation or placing an order, the Purchaser unconditionally accepts these Conditions in their entirety.

CONTENTS

  1. Definitions
  2. Quotations & Contract Formation
  3. Price and Invoicing
  4. Payment and Non-Payment
  5. Variations and Cancellation
  6. Specifications and Site Conditions
  7. Delivery, Risk and Force Majeure
  8. Retention of Title — Pactum Reservati Dominii
  9. Inspection, Defects and Damage on Delivery
  10. Installation
  11. Warranty
  12. Limitation of Liability & Consequential Damages
  13. Intellectual Property and Confidentiality
  14. Default and Insolvency
  15. Protection of Personal Information (POPIA)
  16. Consumer Protection Act 68 of 2008
  17. Purchaser Representations and Credit
  18. General Provisions

1.   DEFINITIONS

 In these Conditions, unless context indicates otherwise:

  • "Business Day" means any day other than a Saturday, Sunday or South African public holiday.
  • "CPA" means the Consumer Protection Act 68 of 2008.
  • "Delivery Date" means the estimated delivery or installation date stated in the accepted quotation, subject to clause 7.
  • "Force Majeure Event" has the meaning in clause 7.5.
  • "Goods" means all steel tanks, panels, liners, accessories, components, installation services and any other products or services supplied by Aquadam.
  • "Manufacturing" means commencement of fabrication, procurement of materials or modification of Goods for the Purchaser's order.
  • "Pactum Reservati Dominii" means the reservation of ownership in favour of Aquadam as set out in clause 8.
  • "POPIA" means the Protection of Personal Information Act 4 of 2013.
  • "Purchase Price" means the total amount payable for the Goods as stated in the accepted quotation, inclusive of VAT.
  • "Site" means the physical location nominated by the Purchaser for delivery and/or installation of the Goods.
  • "Warranty Period" means the applicable period stated in clause 11.1.

2.   QUOTATIONS AND CONTRACT FORMATION

2.1A quotation issued by Aquadam is a conditional offer to supply Goods on these Conditions. No contract is formed until the Purchaser signs and returns the quotation to Aquadam within 60 calendar days of its date. A quotation lapses automatically after 60 calendar days and creates no obligation on Aquadam.2.2These Conditions govern every contract between Aquadam and the Purchaser. Terms in the Purchaser's purchase order or other documents do not supplement or replace these Conditions unless Aquadam expressly agrees in writing.2.3A quotation is based solely on information provided by the Purchaser at the time of quotation. Aquadam may withdraw or revise a quotation at any time before the Purchaser's signed acceptance is received.2.4Aquadam may decline any order in its sole discretion and incurs no liability for doing so.2.5Where specialist materials require a minimum order quantity, the Purchaser must accept and pay for the minimum quantity at the applicable unit price.

3.   PRICE AND INVOICING

3.1The Purchase Price is stated in the accepted quotation inclusive of VAT. A VAT invoice will be provided on request.3.2Unless expressly included in the quotation, the Purchase Price excludes:

  • Delivery, transport and accommodation costs (quoted separately);
  • Nozzles, inlets, outlets, overflows, scours and level indicators (must be specified in writing with drawings at time of ordering);
  • Civil works, foundations, electrical connections or third-party services.

3.3The Purchase Price is fixed for 60 days from the quotation date. Aquadam may revise the price if site conditions materially differ from those communicated at quotation stage, or if the Purchaser requests variations after acceptance.3.4The Purchaser bears all VAT, import duties, levies and government imposts relating to the Goods, whether existing at the date of contract or imposed thereafter.

4.   PAYMENT AND CONSEQUENCES OF NON-PAYMENT

PAYMENT IS A MATERIAL TERM

Full and timely payment is a material condition of every contract with Aquadam. Non-payment entitles Aquadam to suspend delivery, repossess Goods, terminate the contract and recover all losses and costs on a full indemnity basis.

4.1Payment of the full Purchase Price is due in cash before Manufacturing commences, unless Aquadam agrees to a different payment schedule in writing. Aquadam will not commence Manufacturing until cleared funds are confirmed.4.2Where a deferred or staged payment schedule is agreed, it will be set out in the accepted quotation. Time of payment is of the essence.4.3On completion of installation, the Purchaser and Aquadam's installer jointly inspect the Goods and the Purchaser must sign the completion/delivery note. Aquadam will issue the final invoice immediately thereafter, payable within the period stated on the invoice.4.4Payment by cheque is deemed received only once cleared by the drawee bank. EFT payments are credited only on the date Aquadam's bank confirms receipt.4.5INTEREST ON OVERDUE AMOUNTS: Any amount not paid on its due date bears interest at 2% per month (compounded monthly), or the maximum rate permitted by applicable legislation, whichever is lower. Interest accrues daily. All payments received are applied in order: (1) legal and collection costs; (2) accrued interest; (3) capital.4.6PAYMENT REMINDER AND ESCALATION PROCESS: Where any amount remains unpaid after its due date, Aquadam follows the structured escalation process below:

  • Day 7 — First Written Reminder: Aquadam issues a formal notice of arrears by email or registered letter, identifying the overdue amount and accrued interest, and requesting immediate payment or a payment arrangement.
  • Day 14 — Second Written Reminder: Aquadam issues a second and final internal notice. The Purchaser is advised that if payment or a formal written arrangement is not made within 7 days, the account will be handed over to Aquadam's external collection agent without further notice.
  • Day 21 — Handover to Accountability: If the account remains unpaid and no arrangement has been agreed in writing by Day 21, Aquadam will refer the matter — without further notice — to Accountability (Pty) Ltd (www.accountability.co.za) for formal collection proceedings. From the date of handover, the Purchaser deals directly with Accountability and is liable for all collection fees, legal costs on an attorney-and-own-client scale, tracing fees, court costs and interest. Handover does not limit any other right or remedy available to Aquadam.

4.7SUSPENSION: If any payment is overdue, Aquadam may at any time — including during the escalation process — immediately suspend all further Manufacturing, delivery, installation and services until all outstanding amounts (including interest and costs) are paid in full. Aquadam accepts no liability for delay or loss caused by such a suspension.4.8ACCELERATION: If the Purchaser fails to remedy a payment default by Day 21 (or such earlier date as Aquadam in its discretion determines), all amounts owing under this and any other contract with Aquadam become immediately due and payable without further notice.4.9RECOVERY COSTS: The Purchaser pays all costs of collecting overdue amounts, including Accountability's collection fees and commission, tracing fees and legal costs on an attorney-and-own-client scale.4.10NO SET-OFF OR WITHHOLDING: The Purchaser has no right to set off, withhold or reduce any payment on account of any alleged breach, defect, dispute or counterclaim. Disputes must be raised in writing and pursued separately; payment obligations continue uninterrupted.4.11WARRANTY CONDITIONAL ON PAYMENT: Aquadam's warranty obligations under clause 11 are strictly conditional on receipt of full payment of the Purchase Price. A pending defect claim does not entitle the Purchaser to withhold any payment.

5.   VARIATIONS AND CANCELLATION

5.1Variations to a confirmed order may be requested before Manufacturing commences and are binding only when confirmed in writing by both parties with an agreed revised price, specification and timeline. Aquadam may charge a variation administration fee.5.2No variation is permitted once Manufacturing has commenced.5.3CANCELLATION BEFORE MANUFACTURING: The Purchaser may cancel a confirmed order only before Manufacturing commences and only by written notice. A cancellation fee is payable equal to the greater of: (a) Aquadam's actual costs incurred to date; or (b) 20% of the accepted quotation price.5.4CANCELLATION AFTER MANUFACTURING: Cancellation after Manufacturing has commenced entitles Aquadam to claim the full Purchase Price unless Aquadam, in its sole discretion, agrees otherwise in writing.5.5RETURN OF AN INSTALLED TANK: Where a Purchaser requests the return of a tank that has already been installed and commissioned on Site, the following applies:

  • The Purchaser must submit a written return request setting out the reason and confirming the tank is undamaged and structurally intact.
  • Aquadam will assess the request and, if approved, arrange dismantling and removal at the Purchaser's cost. The Purchaser must provide full safe Site access for dismantling.
  • Where Aquadam approves a return, the Purchaser will be refunded 40% of the original Purchase Price of the tank only (excluding accessories, liner, delivery, installation, civil works and any third-party costs). The 40% refund reflects the cost of dismantling, inspection, re-labelling, return to stock and the uncertainty of resale timing.
  • No return will be accepted and no refund payable where: the tank has been damaged, chemically contaminated or structurally compromised; the liner has contacted any substance other than potable water; the tank has been modified or repaired by any person other than Aquadam; or the Purchaser has any outstanding amounts owing to Aquadam.
  • All transport, dismantling, re-inspection, re-stocking and storage costs are for the Purchaser's account and will be deducted from any refund before payment is made.

6.   SPECIFICATIONS AND SITE CONDITIONS

6.1All product descriptions, illustrations, dimensions and weights in Aquadam's literature are for general information only and do not create a sale by description or any warranty as to fitness for purpose. Aquadam reserves the right to make minor modifications within standard production tolerances.6.2The Purchaser is solely responsible for providing accurate, complete and timely information about the Site and the intended application of the Goods. The quotation is based entirely on information provided by the Purchaser.6.3If site conditions materially differ from those communicated at quotation stage, Aquadam may revise the price, timeline or specification, or withdraw from the contract. Site conditions include, without limitation: access constraints, ground instability, geotechnical requirements, drainage, electricity and water supply, safety requirements and any factor causing a non-standard installation.6.4Where a price dispute arises from changed site conditions and the parties cannot agree within 10 Business Days, an independent engineer appointed by agreement (or, failing agreement, by the President of the South African Institution of Civil Engineering) makes a final and binding determination. Costs are borne by the materially incorrect party, or shared equally where neither is found materially incorrect.6.5Where confined space work is required, the Purchaser is solely responsible, at its cost, for all risk assessments, safe work procedures, confined space rescue plans, permits and competency certifications required by the OHS Act 85 of 1993. Aquadam is not liable for delays, penalties or costs arising from the Purchaser's failure to comply.6.6Where the Purchaser or a third party installs the Goods, the Purchaser warrants that: (a) installation will strictly follow Aquadam's current published installation instructions; (b) a registered structural or civil engineer will certify the adequacy of any existing structure; (c) all regulatory approvals will be obtained before commencement; and (d) all OHS and environmental requirements will be complied with. Installation in breach of this clause voids the warranty in full.

7.   DELIVERY, RISK AND FORCE MAJEURE

7.1Unless otherwise agreed, delivery is DAS (Delivery At Site). Delivery is complete when the Goods arrive at the Site ready for unloading. All risk in the Goods passes to the Purchaser at the moment of delivery, irrespective of whether ownership has passed.7.2The Purchaser must ensure a responsible representative is present at the Site on the Delivery Date and that the Site is accessible, safe and ready to receive the Goods. The Purchaser is responsible for unloading without delay.

  • If the Site is unattended on arrival, the delivery manifest or docket signed by Aquadam's carrier constitutes conclusive proof of delivery. Aquadam is not responsible for theft, damage or loss after unloading at an unattended Site.
  • If the Site is inaccessible or the Purchaser fails to unload, Aquadam may charge all waiting time, re-delivery fees and associated costs at its prevailing rates.
  • Goods booked for collection are held for 10 Business Days after the agreed collection date. Thereafter, storage charges apply and Aquadam may arrange delivery at the Purchaser's cost.

7.3The Delivery Date is an estimate only. Aquadam will use reasonable endeavours to meet it but is not liable for any loss arising from late delivery, including loss of profit, business opportunity or any consequential loss.7.4Aquadam may deliver in instalments, each constituting a separate contract. Failure to deliver one instalment does not entitle the Purchaser to cancel the order or withhold payment for Goods already delivered.

CLAUSE 7.5 — FORCE MAJEURE (INCLUDING FUEL SHORTAGE AND SUPPLY DISRUPTIONS)

Aquadam deploys a nationally distributed delivery and installation fleet across South Africa. South Africa periodically experiences acute fuel shortages, national fuel supply disruptions and fuel distribution failures that directly prevent or curtail Aquadam's ability to dispatch and operate its vehicles. These events are entirely beyond Aquadam's reasonable control. Accordingly, fuel shortage and fuel supply disruption are expressly and specifically included as Force Majeure Events under these Conditions, regardless of whether a formal state of emergency has been declared.

7.5FORCE MAJEURE: Neither party is in breach of its obligations, nor liable to the other, for any failure or delay in performance caused directly or indirectly by a Force Majeure Event. A "Force Majeure Event" means any event or circumstance beyond a party's reasonable control, including without limitation:

  • Acts of God, flood, earthquake, storm, fire, explosion or natural disaster;
  • War, armed conflict, civil unrest, riot, terrorism, sabotage or government action;
  • Strike, lockout or industrial action (whether or not involving Aquadam's employees);
  • Epidemic, pandemic or public health emergency declared by a competent authority;
  • National or regional fuel shortages, fuel supply disruptions, fuel distribution failures or acute fuel price escalation that prevents or materially impairs the operation of Aquadam's delivery and installation fleet, including state-imposed fuel rationing;
  • Breakdown or unavailability of transport infrastructure, roads or logistics networks;
  • Shortage or non-availability of raw materials, components or specialist steel inputs;
  • Eskom load-shedding, power outages or other interruption of power supply affecting Manufacturing or logistics; or
  • Any other event beyond the affected party's reasonable control that could not have been avoided by the exercise of due care.

7.6NOTICE AND MITIGATION: The party claiming Force Majeure must give written notice to the other as soon as reasonably practicable, describing the event and its expected duration. The affected party must take all reasonable steps to mitigate the effect and resume performance as soon as practicable.7.7EFFECT ON DELIVERY DATES: If a Force Majeure Event prevents or delays delivery or installation, the Delivery Date is automatically extended by the duration of the event plus a reasonable remobilisation period. The Purchaser may not cancel the order or withhold any payment solely because of a Force Majeure delay.7.8PROLONGED FORCE MAJEURE: If a Force Majeure Event continues for more than 60 consecutive days and full performance remains impossible, either party may terminate by 10 Business Days' written notice. On termination, Aquadam refunds the portion of the Purchase Price paid for Goods not yet delivered, less all costs reasonably incurred. No further liability arises.

8.   RETENTION OF TITLE — PACTUM RESERVATI DOMINII

OWNERSHIP RESERVATION — PACTUM RESERVATI DOMINII

Aquadam contracts expressly on the basis of a pactum reservati dominii. Ownership (dominium) of all Goods remains vested in Aquadam until the Purchaser has paid the full Purchase Price and all other amounts owing in full and in cleared funds. This real right is effective from the moment of contracting and is binding on all third parties, including liquidators, business rescue practitioners and creditors of the Purchaser.

8.1RESERVATION OF OWNERSHIP: Notwithstanding physical delivery, ownership of the Goods does not pass to the Purchaser until Aquadam has received, in full and in cleared funds, the entire Purchase Price and all other amounts owing. This constitutes a pactum reservati dominii — a real right effective from the date of contracting, enforceable in accordance with South African common law as confirmed in Lendalease Finance (Pty) Ltd v Corporacion De Mercadeo Agricola 1976 (4) SA 464 (A).8.2PURCHASER AS CUSTODIAN (INSTALLED GOODS): Aquadam's tanks are bolted-panel modular systems that are assembled, commissioned and brought into operational use on Site. They are not stored loose by the Purchaser. Accordingly, the obligation to "store separately" does not apply in the conventional sense. Instead, until ownership passes, the Purchaser must:

  • Operate and maintain the Goods with the care of a reasonable person maintaining property belonging to another;
  • Insure the Goods for their full replacement value against all risks, noting Aquadam's interest as owner, and produce written evidence of insurance on demand;
  • Not sell, pledge, hypothecate, encumber, cede, mortgage or otherwise deal with the Goods in a manner inconsistent with Aquadam's ownership, without Aquadam's prior written consent;
  • Not dismantle, relocate or modify the Goods without Aquadam's prior written consent;
  • Promptly notify Aquadam in writing if any third party asserts any right over, or takes any legal steps against, the Goods; and
  • Not permit any court attachment, execution or other legal process to be levied against the Goods.

Aquadam acknowledges that the Goods may be commissioned, filled and in active operational use while ownership remains vested in Aquadam. The Goods remain dismantleable and removable by Aquadam on exercise of its repossession rights in clause 8.3.

8.3RIGHT TO REPOSSESS: On any default under clause 4, or if Aquadam reasonably believes payment is in jeopardy, the Purchaser irrevocably authorises Aquadam or its representative to enter any premises where the Goods are located — with or without prior notice — to inspect, repossess, dismantle and remove the Goods. Aquadam may thereafter resell or deal with the Goods, crediting net proceeds against the Purchaser's outstanding obligations. Aquadam is released from all contractual obligations relating to repossessed Goods. The Purchaser indemnifies Aquadam against all claims arising from any lawful repossession.8.4LIEN AND HYPOTHEC: Aquadam retains a vendor's lien (ius retentionis) over the Site and asserts a contractual hypothec over the Goods and any structure to which the Goods are affixed, as security for all amounts owing.8.5PROCEEDS HELD IN TRUST: If the Purchaser purports to sell the Goods before ownership has passed, the Purchaser holds the proceeds of sale as trustee for Aquadam in a separately identifiable account and must account to and pay those proceeds to Aquadam immediately.8.6IMMOVABLE PROPERTY — ACCESSIO: Where Goods may become incorporated into immovable property by accessio, the Purchaser must, before any affixation, obtain the written acknowledgement of the owner of that property recognising Aquadam's reserved ownership. Failure to do so is a material breach.8.7REGISTRATION: Aquadam may register this pactum reservati dominii with any credit bureau, commercial registry or regulatory body, and may notify financiers, landlords and other relevant third parties of its ownership rights.

9.   INSPECTION, DEFECTS AND DAMAGE ON DELIVERY

9.1The Purchaser must inspect all Goods immediately upon delivery and before Aquadam's delivery vehicle or crew leaves the Site. Any visible damage, short delivery or inaccuracy must be noted on the delivery manifest and reported to Aquadam in writing within 5 Business Days of delivery. Failure to comply extinguishes any claim arising from visible damage, short delivery or inaccuracy.9.2Any invoice query or dispute must be raised with Aquadam in writing within 20 Business Days of the invoice date. Invoices not disputed within this period are deemed correct and accepted.9.3Latent defects must be reported to Aquadam in writing as soon as reasonably practicable after discovery, and no later than the end of the applicable Warranty Period, with sufficient detail for Aquadam to investigate.9.4A defect claim in respect of specific Goods does not entitle the Purchaser to reject or withhold payment for other Goods under the same or any other order.

10.   INSTALLATION

10.1Where Aquadam installs the Goods, Aquadam installs in accordance with its current published installation instructions and maintains the safety of its own personnel on Site. The Purchaser acts as principal contractor under the OHS Act 85 of 1993 and must:

  • Provide safe, clear and unobstructed vehicular and equipment access to the Site;
  • Maintain compliant OHS conditions throughout the installation period;
  • Manage and control all third parties on Site to prevent interference with Aquadam's work;
  • Provide all relevant safety files, plans and information on request; and
  • Notify Aquadam immediately of any change in Site conditions or safety hazards.

10.2Aquadam may suspend or terminate installation if it deems the Site unsafe, inaccessible or unsuitable. Suspension and remobilisation costs are for the Purchaser's account.10.3Upon completion of installation, the Purchaser and Aquadam's installer jointly inspect the Goods. The Purchaser's signature on the completion/delivery note constitutes acceptance that the Goods have been installed in accordance with Aquadam's specifications and that the Warranty Period commences from that date.10.4INSTALLATION DISPUTE: If the Purchaser disputes the adequacy of installation, a qualified engineer appointed by Aquadam makes a final and binding determination. A signed completion certificate from such engineer constitutes prima facie evidence of full compliance and suitability for purpose.10.5THIRD-PARTY AND SELF-INSTALLATION — INSPECTION REQUIRED FOR WARRANTY: Where the Purchaser or any third party installs the Goods, Aquadam is a supplier only and bears no responsibility for installation quality or outcomes. The following conditions apply:

  • Installation must strictly comply with Aquadam's current published installation instructions. Any deviation is the sole responsibility of the Purchaser.
  • Mandatory Pre-Commissioning Inspection: No supplier warranty (structural or liner) comes into effect unless and until Aquadam has conducted a formal installation inspection and issued a written inspection sign-off. The Purchaser must request this inspection in writing before filling the tank. Aquadam will schedule the inspection at its reasonable convenience.
  • The inspection sign-off confirms only that visible installation appeared consistent with Aquadam's instructions at the time of inspection. It is not a warranty against latent defects caused by sub-standard practices not visible at inspection.
  • Where the inspection reveals non-compliance, Aquadam will issue a list of corrective items. The warranty does not commence until all items are corrected and a re-inspection sign-off is issued.
  • Inspection costs are for the Purchaser's account at Aquadam's then-current call-out rates for the region.
  • If the Purchaser fills and commissions the tank before Aquadam's inspection, all warranty rights are forfeited.

11.   WARRANTY

WARRANTY OVERVIEW

Aquadam provides a limited structural warranty on its tanks, subject to the conditions below. All warranty rights are conditional on (1) full payment having been received, (2) correct installation, and (3) proper maintenance. Where Aquadam did not install the Goods, the warranty is further conditional on a pre-commissioning inspection sign-off by Aquadam (clause 10.5).

11.1WARRANTY PERIODS: Aquadam warrants to the original Purchaser only that the following Goods will be free from defects in materials and workmanship for the periods stated, measured from the date of Aquadam's installation sign-off (or from date of delivery where Aquadam supplies only):

  • Smart Tank steel shell (ZINCALUME® corrugated panels): 10 years;
  • Dura Tank steel shell (ZINCALUME® flat-panel): 10 years;
  • Rhino Tank steel shell (FBE-coated high-tensile panels): 15 years;
  • Home Tank steel shell and epoxy coating (Chromadek): 5 years;
  • AquaGuard PVC potable liner: 24-month manufacturing warranty from date of manufacture. Covers seam failure and material defects only. Does not cover damage caused by UV exposure (open-top installations), mechanical puncture, chemical incompatibility, rodents, abrasion, incorrect installation, or operation above the rated water column height;
  • Third-party components (accessories, fittings, pumps, valves, level gauges, filters): carry only the original manufacturer's warranty (if any), which Aquadam will pass through on a best-efforts basis. Aquadam makes no independent warranty on any third-party component.

11.2WHAT THE WARRANTY COVERS: The warranty covers structural failure or manufacturing defects that render the tank unable to hold water under normal operating conditions. It does not cover cosmetic defects, surface oxidation, staining or colour variation.11.3WARRANTY CONDITIONS — THE WARRANTY IS VOID IF:

  • The Purchase Price or any portion thereof remains unpaid;
  • The Goods were installed by the Purchaser or a third party without a valid Aquadam inspection sign-off (clause 10.5);
  • The Goods have not been maintained in accordance with Aquadam's current maintenance guidelines;
  • The Goods have been modified, extended, repaired or tampered with by any person other than an Aquadam-authorised technician;
  • The defect was caused by external events including flood, fire, storm, chemical contamination, vehicular impact, vandalism, ground movement, seismic activity or soil settlement;
  • The tank has been operated above its rated capacity, water column height or design load;
  • The tank has been relocated without Aquadam's prior written consent; or
  • The Purchaser failed to notify Aquadam of the defect in writing within 30 days of first becoming aware of it.

11.4WARRANTY REMEDY: Where a valid warranty claim is accepted, Aquadam's sole and exclusive obligation is, at its election: (a) repair the defective Goods; (b) replace the defective component; or (c) issue a pro-rata credit for the unexpired warranty period. Aquadam has a reasonable time to investigate and respond. The Purchaser may not engage any third party to perform warranty repairs without Aquadam's prior written consent — doing so voids the remaining warranty.11.5LEAK PROCEDURE: A post-installation leak must be notified to Aquadam in writing immediately on discovery. A reported leak does not entitle the Purchaser to withhold or delay any payment. If Aquadam is unable to resolve a verified warranty-covered leak within 30 Business Days of written notification, Aquadam's liability is limited to the remedies in clause 11.4.11.6NON-TRANSFERABLE: The warranty is personal to the original Purchaser named in the accepted quotation. It is not transferable to any subsequent owner, occupier or assignee of the Site or the Goods.

12.   LIMITATION OF LIABILITY AND EXCLUSION OF CONSEQUENTIAL DAMAGES

EXCLUSION OF CONSEQUENTIAL DAMAGES — PLEASE READ

To the fullest extent permitted by South African law, Aquadam excludes all liability for indirect, consequential, special or punitive damages of any nature. This exclusion is a fundamental and material term of every contract and is specifically drawn to the Purchaser's attention in terms of the CPA and the common law.

12.1AGGREGATE CAP: Aquadam's total aggregate liability under or arising from any contract governed by these Conditions — whether in contract, delict (including negligence), statute or otherwise — shall not exceed the Purchase Price actually paid by the Purchaser for the specific Goods that gave rise to the claim.12.2EXCLUSION OF CONSEQUENTIAL LOSS: To the fullest extent permitted by law, Aquadam excludes all liability for:

  • Loss of profit, revenue, turnover, business opportunity or anticipated savings;
  • Loss of goodwill or damage to reputation;
  • Loss of data, records or information;
  • Costs of procuring substitute goods, services or accommodation;
  • Business interruption, production downtime or crop failure;
  • Water loss, contamination of stored water, or costs of alternative water supply;
  • Loss arising from inability to use the Goods or access the Site;
  • Any indirect or consequential loss or damage of any description; or
  • Liquidated amounts, penalties or damages imposed on the Purchaser by a third party.

12.3The exclusions in clause 12.2 apply whether or not Aquadam was advised of the possibility of such loss, and regardless of the legal basis of the claim.12.4SPECIFIC EXCLUSIONS: Aquadam is not liable for loss arising from: technical advice given by Aquadam's employees or agents; the Purchaser's reliance on specifications without separate written confirmation; delay in delivery or installation including Force Majeure delay; or acts or omissions of third-party contractors engaged by the Purchaser.12.5CPA CONSUMERS: Where the Purchaser is a consumer under the CPA, the limitations in this clause apply to the fullest extent the CPA permits. Where any limitation conflicts with a right conferred by the CPA, that right prevails to the extent of the conflict.12.6INDEMNITY BY PURCHASER: The Purchaser indemnifies Aquadam, on a full indemnity basis, against all claims, losses, costs, penalties and expenses (including legal fees) arising from: inaccurate information at quotation stage; improper installation, use or maintenance of the Goods; materials or designs provided by the Purchaser; breach of any health, safety or environmental law; or any third-party claim arising from the Purchaser's use of the Goods.

13.   INTELLECTUAL PROPERTY AND CONFIDENTIALITY

13.1All intellectual property in Aquadam's drawings, designs, specifications, installation manuals and other technical documents remains the exclusive property of Aquadam. The Purchaser receives a non-exclusive, non-transferable licence to use such materials solely for installing and operating the Goods.13.2The Purchaser grants Aquadam a perpetual, royalty-free licence to use any drawings, designs or specifications provided by the Purchaser to the extent necessary to manufacture and supply the Goods.13.3The Purchaser warrants that all information and materials it provides are accurate, complete and do not infringe any third party's intellectual property rights.13.4The Purchaser must treat all technical and commercial information provided by Aquadam as confidential and must not disclose it to any third party without Aquadam's prior written consent. This obligation survives termination of the contract.

14.   DEFAULT AND INSOLVENCY

14.1EVENTS OF DEFAULT: The Purchaser is in default if it: (a) fails to pay any amount on its due date and the amount remains unpaid following the 21-day escalation process in clause 4.6; (b) breaches any other material obligation and does not remedy the breach within 7 Business Days of written notice; (c) becomes commercially insolvent or unable to pay its debts as they fall due; (d) commits any act of insolvency as defined in the Insolvency Act 24 of 1936; (e) is provisionally or finally liquidated, placed under judicial management, business rescue or any analogous statutory process; (f) enters into any compromise, scheme of arrangement or assignment for the benefit of creditors; or (g) any judgment or warrant of execution remains unsatisfied for more than 5 Business Days.14.2AQUADAM'S REMEDIES ON DEFAULT: On occurrence of a default, and without prejudice to any other right or remedy, Aquadam may immediately and without further notice:

  • Suspend all further supply, Manufacturing, delivery, installation and services;
  • Declare all outstanding amounts under this and all other contracts with the Purchaser immediately due and payable;
  • Terminate this contract and any other contract with the Purchaser by written notice;
  • Exercise its repossession and dismantling rights under clause 8.3;
  • Refer the account to Accountability (Pty) Ltd (www.accountability.co.za) for external collection proceedings, including letters of demand, credit bureau listing, section 345 statutory demand (where applicable), summons and judgment; and
  • Recover all loss, damage, interest, costs and expenses caused by the default, including attorney-and-own-client legal fees, tracing fees and collection commission.

14.3INSOLVENCY — STATUTORY DEMAND (SECTION 345): Where the Purchaser is a company and has failed to pay a liquidated amount following the escalation process in clause 4.6, Aquadam may serve a formal demand in terms of section 345 of the Companies Act requiring payment within 21 days. If the Purchaser fails to pay, give security or compound within that period, the Purchaser shall be deemed unable to pay its debts and Aquadam shall be entitled to apply for the winding-up of the Purchaser.14.4CREDIT BUREAU LISTING: Aquadam is entitled to list the Purchaser as a slow payer, default debtor or handed-over account with any registered credit bureau once: (a) the 21-day escalation process has been completed; (b) no payment arrangement has been agreed; and (c) the account has been referred to Accountability. The Purchaser consents to such listing. The listing will be removed within 7 Business Days of receipt of proof of full settlement.14.5DIRECTOR'S CERTIFICATE: A certificate signed by any director of Aquadam reflecting the amount owing at any given date constitutes prima facie proof of that amount in any legal proceedings, in the absence of manifest error.

15.   PROTECTION OF PERSONAL INFORMATION (POPIA)

15.1Aquadam processes personal information in accordance with POPIA. Personal information is collected and used for: (a) concluding and managing the supply contract; (b) credit assessment and debt collection; (c) compliance with legal obligations; and (d) marketing communications (where consent is given or not withdrawn).15.2Aquadam may share personal information with service providers, credit bureaux, legal advisors and regulatory authorities, to the extent required and permitted by law. Aquadam will not sell personal information to third parties.15.3The Purchaser may request access to, correction of, or deletion of personal information by contacting Aquadam's Information Officer at sales@aquadam.co.za.

16.   CONSUMER PROTECTION ACT 68 OF 2008 (CPA)

16.1The CPA applies where the Purchaser is a natural person, or a juristic person with an annual turnover or asset value below the threshold prescribed by the Minister (currently R2 million).16.2Where the CPA applies, the Purchaser has the right under section 56 to receive Goods of good quality, free of defects and fit for their intended purpose, and to require repair, replacement or a refund within the applicable CPA period. Aquadam's implied warranties under the CPA are not excluded where such exclusion is impermissible.16.3Where the Purchaser is a juristic person above the applicable CPA threshold, the CPA does not apply and the parties deal at arm's length on the terms herein.16.4NOTICE TO CPA CONSUMERS: Specific attention is drawn to clause 4 (payment — no set-off), clause 7.5 (Force Majeure including fuel shortages), clause 8 (Pactum Reservati Dominii), clause 11 (Warranty) and clause 12 (Exclusion of Consequential Damages). These clauses limit Aquadam's liability or impose obligations on the Purchaser and are specifically highlighted as required by the CPA.

17.   PURCHASER REPRESENTATIONS AND CREDIT

17.1The Purchaser represents and warrants that: (a) it has full legal capacity and authority to enter into this contract; (b) it is not aware of any pending insolvency, business rescue, liquidation or sequestration; (c) no director, member, partner or sole trader has been a director of a company placed in liquidation or declared insolvent within the 5 years preceding this contract; and (d) it has not entered into, and does not intend to enter into, any arrangement with its creditors.17.2Where the Purchaser contracts as trustee of a trust, it warrants that the trust is validly constituted and it is duly authorised to bind the trust. The Purchaser is jointly and severally personally liable with the trust for all obligations under this contract.17.3Aquadam may obtain a credit report on the Purchaser from a registered credit bureau to assess creditworthiness or to recover overdue amounts.17.4The Purchaser acknowledges that it has read and understood these Conditions and has had the opportunity to seek independent legal advice before signing.

18.   GENERAL PROVISIONS

18.1GOVERNING LAW: These Conditions are governed by the law of the Republic of South Africa.18.2JURISDICTION: The Purchaser irrevocably consents to the non-exclusive jurisdiction of the High Court of South Africa (Gauteng Division, Pretoria) and the Magistrate's Court having jurisdiction, at Aquadam's election.18.3DISPUTE RESOLUTION: If a dispute cannot be resolved by good-faith negotiation within 20 Business Days of written notice, either party may refer it to arbitration under the Arbitration Act 42 of 1965 before a single arbitrator, appointed by AFSA failing agreement. Arbitration takes place in Pretoria. Nothing in this clause prevents either party from applying to court for urgent interim relief.18.4ENTIRE AGREEMENT: These Conditions, together with the accepted quotation and any written addenda signed by both parties, constitute the entire agreement and supersede all prior negotiations, representations and understandings. No oral variation, amendment or waiver is binding.18.5NO WAIVER: Failure or delay by Aquadam in enforcing any right does not constitute a waiver. A waiver is effective only if made in writing and signed by an authorised representative of Aquadam.18.6SEVERABILITY: If any provision is held void, invalid or unenforceable, it shall be severed to the minimum extent necessary, and the remaining provisions continue in full force.18.7NOTICES: All notices must be in writing and delivered by hand, registered post or email with read-receipt to the addresses in the accepted quotation. Notice by hand is effective on delivery; by registered post, on the third Business Day after posting; by email, on the next Business Day after the sender receives confirmation of delivery.18.8CESSION AND ASSIGNMENT: The Purchaser may not cede, assign or delegate any right or obligation without Aquadam's prior written consent. Aquadam may cede its rights (including under the pactum reservati dominii) to any third party or financing institution without the Purchaser's consent.18.9RETURNS: Non-stock and custom-manufactured items are not returnable. For installed tanks, clause 5.5 governs. Aquadam may, in its discretion, accept the return of standard uninstalled stock items against a written returns authorisation, subject to a restocking fee of not less than 15% of the invoiced price.18.10RELATIONSHIP: These Conditions do not create any partnership, agency, joint venture, employment or trust relationship. Aquadam is an independent contractor.18.11AMENDMENTS: Aquadam may update these Conditions by publishing a new version at www.aquadam.co.za/terms. The version in force at the time an order is accepted governs that order.IMPORTANT NOTICE — PLEASE READ CAREFULLY BEFORE SIGNING


These Terms and Conditions are a legally binding commercial contract under South African law. Specific attention is drawn to: (1) Clause 4 — Payment (no set-off or withholding; 3-step escalation to Accountability on Day 21); (2) Clause 5.5 — Return of Installed Tank (40% refund only); (3) Clause 7.5 — Force Majeure (fuel shortages included); (4) Clause 8 — Pactum Reservati Dominii (Aquadam retains ownership until full payment); (5) Clause 10.5 — Third-Party Installation (inspection required before warranty activates); (6) Clause 11 — Warranty (AquaGuard liner: 24-month manufacturing warranty); (7) Clause 12 — Exclusion of Consequential Damages.


The Purchaser is advised to seek independent legal advice before signing.AQUADAM STEEL TANKS INTERNATIONAL  |  www.aquadam.co.za  |  Version 5.0  |  March 2026

Aquasteel Proprietary Limited (Reg. No. 2014/192721/07)  |  311 Alwyn Str., Waltloo, Pretoria