Legal

Terms and Conditions of Sale

fundamental.co.za

Last updated: 10-Sep-2026:  


1. Who we are and what these terms cover

Fundamental Designs (Pty) Ltd, registration number 2019/255158/07 (“we”, “us”, “our”), manufactures furniture, cabinetry and shopfitting to order. We take our responsibility to our customers seriously, and we undertake to be honest and sincere in the service we render.

These terms apply to every order you place with us. They form the agreement between you and us once you accept a written quotation. Nothing on our website is an offer to sell — orders are placed and confirmed in writing on a quotation.

These terms do not take away any rights you have under the Consumer Protection Act 68 of 2008. Where anything in these terms conflicts with that Act, the Act applies.

Your use of our website is governed separately by our Website Terms of Use, and your personal information by our Privacy Policy.


2. Quotations and prices

  • Quotations are valid for 30 days from the date of issue, unless the quotation states otherwise.
  • Prices include VAT at the prevailing rate (currently 15%). They exclude delivery and installation unless the quotation says they are included.
  • If VAT or any other tax changes between the date of your quotation and the date of your final invoice, we may adjust the price accordingly. We will tell you before we do.
  • Unless your quotation says otherwise, the price excludes scaffolding, the hire and erection of scaffolding, and any security access cards, permits or fees required to work on an estate or in a building. These are for your account.


3. Drawings and variations

  • We manufacture strictly to the drawings you have approved. Please check them carefully before approving — once you have, they are the specification for your order.
  • Any change you request after you have approved the drawings is a variation. We will quote for it before proceeding. If production has already started, the variation price includes the cost of work that has to be redone or discarded.
  • Please make sure the contact details, site address and specifications on your order are correct. If they are wrong, delays or additional charges may follow.


4. Paying for your order

  • Payment terms are set out in your quotation. Unless it says otherwise, the full price is payable before delivery, or on completion of installation where we install.
  • Goods bought from stock are paid for in full before delivery.
  • Where an order is delivered in stages, the price of each stage is payable on delivery of that stage.
  • We accept payment by electronic transfer or cash. We do not offer credit.
  • Our drivers are instructed not to hand over goods unless payment has been arranged. If a delivery has to be repeated because payment was not ready, we will charge for the second delivery.


5. Ownership

The goods remain ours until you have paid for them in full. Ownership passes to you when we receive your final payment. Until then, if the price is not paid, we may recover the goods through the proper legal process. Recovering the goods does not cancel your obligation to pay what is owed under this agreement, and agreeing to give you more time to pay does not affect any of our other rights.


6. Overdue payment

  • Interest runs on any amount not paid within 7 days of the date of invoice, at 2% per month.
  • If your order is complete and the invoice is unpaid 10 working days after it is issued, storage fees begin to run (see clause 14).


7. About the materials we work with

We work in solid timber, veneer, steel and cast concrete. These are natural or hand-finished materials, and that has consequences worth understanding before you order.

  • Photographs, samples and descriptions are a guide. Your piece will not be identical to them.
  • Colour and grain vary from board to board and from our samples. Knots, natural cracks and grain movement are characteristic of solid timber and are not defects.
  • We will make every effort to match a colour you have specified, but we cannot guarantee an exact match.
  • Solid timber moves with changes in humidity and temperature. We are not responsible for shrinkage or movement that occurs after delivery where the goods have been maintained as we recommend, though your rights in clause 13 still apply.


8. Outdoor use and finishes

No finish survives the outdoors untended — including on a covered patio. Sun, rain and temperature will affect any finish over time. We cannot guarantee the finish on goods used outdoors. You agree either to maintain the finish yourself in line with our care instructions, or to arrange maintenance with us at our then-current rates.


9. Delivery

  • Delivery dates on quotations are estimates. We will do everything we reasonably can to meet them, and we will tell you as soon as we know of a delay.
  • If we miss an estimated delivery date, please give us written notice and 14 days to deliver before cancelling. If we still have not delivered within those 14 days, and the delay is within our control, you may cancel and we will refund what you have paid.
  • We are not responsible for delays caused by events outside our control, such as supplier shortages, power failures, strikes or extreme weather, and we are not liable for losses you suffer as a result of a late delivery.
  • Please inspect your goods on delivery and note any visible damage on the delivery note before you sign it. This lets us deal with transit damage quickly. Signing the delivery note does not affect your rights under clause 13.


10. Using your own transport contractor

If you arrange your own transport contractor, the contractor acts for you, not for us. You make the arrangements, including insurance, and you carry the risk once the goods leave our premises. Goods must be paid for in full before we hand them to your contractor.


11. Installation

  • Where we install, we take reasonable care to protect your property. Our installers will work cleanly and make good any damage they cause through lack of care.
  • Fitting cabinetry and joinery into a building inevitably involves some marking of adjacent plaster and paintwork. Making good and repainting after installation is not included unless your quotation says it is.
  • You are responsible for making sure the site is ready for installation: access is available, the area is clear, and any building work that affects our installation is complete. If we arrive and cannot install, we will charge for the return visit.
  • We are not responsible for damage to your property that is not caused by our negligence.


12. Photographs of completed work

We may photograph the goods we have made and installed for you, and use the photographs in our portfolio, on our website and in our marketing. We will not name you or identify the location without your permission. If you would prefer that we do not photograph your project, please tell us before installation.


13. Our guarantee and your rights

  • We guarantee the workmanship on our products for 12 months from the date of delivery.
  • This guarantee does not cover damage caused by misuse, accident, alteration, or failure to maintain the goods in line with our care instructions, and it does not cover the natural characteristics of timber described in clause 7.
  • For guarantee claims made more than six months after delivery, you are responsible for the cost of getting the goods to us and back. Within the first six months, we carry that cost as the Consumer Protection Act requires.
  • Nothing in this clause limits your right under the Consumer Protection Act to have defective goods repaired, replaced or refunded within six months of delivery.


14. Storage

If your goods are complete and delivery is delayed for reasons on your side — including non-payment of the final invoice — a storage fee of R450 per day applies from the 11th working day after we notify you that the goods are ready, until the goods leave our premises.


15. Cancellations and returns

  • Orders made to your specification: if you cancel after production has started, a cancellation charge of 25% of the order value applies. This reflects materials bought, work done and capacity committed to your order. If you cancel before production has started, we will refund what you have paid less any costs we have already incurred on your behalf.
  • Goods bought from stock: you may cancel before delivery. We may deduct the reasonable costs we have actually incurred.
  • Goods bought on sale: we do not accept change-of-mind returns on sale items. Your rights in respect of defects are unaffected, except where a specific fault was pointed out to you and you agreed to accept the goods with that fault.


16. Disputes

  • If something goes wrong, please tell us first. Most problems are solved quickly when we hear about them early.
  • These terms are governed by the law of the Republic of South Africa. Both parties agree to the jurisdiction of the Magistrate’s Court, Johannesburg. This does not limit your right to approach the Consumer Goods and Services Ombud or the National Consumer Commission.
  • If we have to take legal steps to recover money owed under this agreement, you are responsible for our reasonable legal and collection costs.
  • For legal notices, your address is the address on your quotation, and ours is the address below.


17. The whole agreement

These terms, together with your quotation and approved drawings, are the whole agreement between you and us. No other condition, promise or guarantee given by us or anyone acting for us is binding unless it is in writing and signed by both parties.


Fundamental Designs (Pty) Ltd, registration number 2019/255158/07
53 4th Street, Wynberg, Sandton, 2090
Visits by appointment only
+27 11 887 1683 · info@fundamental.co.za
www.fundamental.co.za