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- info@thelabcc.co.za
These General Terms and Conditions govern all commercial transactions, dealings and contractual relationships between The Lab George (Pty) Ltd (“The Lab”), The Lab Chemicals and Coatings (Pty) Ltd (“The LCC”) and any person or entity that purchases, orders, receives, distributes, applies or otherwise makes use of the Products manufactured, supplied or distributed by The Lab and/or The LCC.
These General Terms and Conditions establish the contractual framework governing the rights, responsibilities and obligations of The Lab, The LCC and their Clients in relation to the manufacture, supply, distribution, sale, storage and use of the Products and incorporate applicable legal and regulatory requirements under the laws of the Republic of South Africa.
INTERPRETATION, DEFINITIONS AND ACCEPTANCE
1.1 Definitions
In these General Terms and Conditions, unless inconsistent with or otherwise indicated by the context the following words and expressions shall bear the meanings assigned to them hereunder and cognate expressions shall bear corresponding meanings.
1.1.1 “Agency” means a natural person, partnership, close corporation, private company or other juristic entity appointed by The Lab in terms of the Agreement to distribute, market, promote and sell the Licensed Products and Licensed Services within a specific Territory, subject to the terms and conditions set out in The Lab’s Agency Terms and Conditions.
1.1.2 “Agency Appointment” means the formal written appointment of an Agency by The Lab, granting the Agency the limited, non-exclusive right to market, distribute and sell the Licensed Products and provide the Licensed Services as contemplated in the Agreement, which shall include all annexures incorporated therein by reference and which forms part of the Agreement.
1.1.3 “Agency Launch Pack” means the suite of commercial, legal, operational, financial, marketing, training and technical documents, materials and resources issued by The Lab for the onboarding, establishment, operation and support of authorised Agencies, including all annexures, manuals, policies, guidelines and supporting documentation, as amended from time to time by The Lab, which forms part of the Agreement.
1.1.4 “Agreement” means the contractual relationship concluded between The Lab and/ or The LCC and the Client relating to the manufacture, supply, sale, distribution or provision of Products and/ or services. Such Agreement shall include these General Terms and Conditions, The Lab’s Agency Terms and Conditions (where applicable), Agency Appointments (where applicable), any quotation(s), order confirmation, invoice, delivery note, online purchase confirmation, technical documentation, annexure, schedule, policy or other document incorporated by reference whether concluded in writing or electronically.
1.1.5 “Client”, “Customer” or “Purchaser” means collectively and interchangeably any natural person, juristic person, partnership, trust, close corporation, company, contractor, applicator, distributor reseller, retailer, intermediary or any other entity or person who purchases, orders, acquires, receives, distributes, resells, applies or otherwise obtains any Product from The Lab and/ or The LCC, whether directly or indirectly and whether for own use, resale, application, distribution or commercial exploitation and includes any employee, agent, contractor, representative, courier, carrier or nominee acting on behalf of such person or entity and who thus enters into a contractual relationship with The Lab and/ or The LCC for the purchase, manufacture, supply distribution, delivery or use of Products, whether pursuant to a quotation, order, online transaction, supply agreement, manufacturing agreement, distribution arrangement or any other commercial arrangement.
1.1.6 “CPA” means the Consumer Protection Act No. 68 of 2008 (as amended) of the Republic of South Africa, as well as any regulations, codes of conduct, guidelines or amendments issued thereunder, which legislation governs consumer rights, responsibilities and protections in relation to the purchase, use and provision of goods and services.
1.1.7 ”ECTA” means the Electronic Communications and Transactions Act No. 25 of 2002 of the Republic of South Africa, together with any regulations, codes of conduct, guidelines or amendments issued thereunder, which facilitates and regulates electronic communications and transactions in South Africa.
1.1.8 “General Terms and Conditions” means this entire document together with all schedules, annexures, policies, notices, online shop terms, returns policies, privacy policies, POPIA notices, quotation conditions and any other documents incorporated herein by reference as amended from time to time by The Lab / The LCC.
1.1.9 “Good(s)” or “Product(s)” means collectively all paints, coatings primers, sealers, cementitious products, chemical coatings, liquid rubber products, twin pack coatings, epoxy products, degreasers, disinfectants, surface treatment chemicals, additives, raw materials, accessories, application materials and any other goods, substances, materials or products manufactured, produced, distributed, supplied or sold by The Lab and/ or The LCC from time to time, including any components, mixtures formulations, packaging and related documentation supplied together therewith.
1.1.10 “PAIA” means the Promotion of Access to Information Act No. 2 of 2000 of the Republic of South Africa, together with any regulations, codes of conduct, guidelines or amendments issued thereunder, which legislation provides for the right of access to information held by public and private bodies, subject to certain procedural and substantive requirements.
1.1.11 “POPIA” means the Protection of Personal Information Act No. 4 of 2013 of the Republic of South Africa, together with any regulations, codes of conduct guidelines or amendments issued thereunder, which legislation regulates the lawful processing, storage, protection and dissemination of personal information.
1.1.12 “TDS” means the Technical Data Sheet issued by LCC or The Lab, as the case may be, in relation to a specific Product, which document contains technical specifications, application guidelines, performance characteristics, recommended surface preparation methods, mixing ratios, curing conditions, coverage rates, environmental requirements, safety precautions and any other technical information relating to the proper storage, handling and application of such Product.
1.1.13 “The Lab” means The Lab George (Pty) Ltd, a private company duly incorporated in accordance with the laws of the Republic of South Africa with registration number 2024/187323/07, including its successors in title, permitted assigns, subsidiaries and divisions.
1.1.14 “The Lab Online Shop” means the electronic commerce platform operated by The Lab through its website or any associated digital platform, portal or mobile interface through which Users may view Products, place electronic orders, make payments and conclude transactions for the purchase of Products via the internet in accordance with the Electronic Communications and Transactions Act No. 25 of 2002 of the Republic of South Africa.
1.1.15 “The Lab / The LCC” means collectively and jointly The Lab George (Pty) Ltd and The Lab Chemicals and Coatings (Pty) Ltd, depending on the context, whether acting individually or jointly in relation to the manufacture, distribution, supply, sale, technical support, storage or delivery of Products and shall include their respective successors in title, assigns, subsidiaries and divisions.
1.1.16 “The Lab Website” means collectively the official internet website, domain name, sub-domains and all associated web pages, online platforms, portals and digital interfaces operated, owned or controlled by The Lab from time to time, including but not limited to the “The Lab Online Shop“, through which Visitors or Users may access information relating to the Products, view content, communicate with The Lab, register accounts, obtain technical documentation, place electronic orders, make payments or otherwise interact with The Lab by means of electronic communications or data messages as contemplated in the ECTA.
1.1.17 “The LCC” means The Lab Chemicals and Coatings (Pty) Ltd, a private company duly incorporated in accordance with the laws of the Republic of South Africa with registration number 2017/414035/07, being the manufacturer and formulator of certain Products supplied, distributed or sold through The Lab and includes its successors in title, permitted assigns, subsidiaries and divisions.
1.1.18 “Visitor(s)” means any person who accesses or views the website or online platforms of The Lab without registering as a User or completing a transaction and includes any person who browses or interacts with the website in any manner.
1.1.19 “User(s)” means any person who accesses, browses, registers on- or makes use of The Lab Online Shop website or any digital platform operated by The Lab, whether for the purpose of obtaining information, purchasing Products, creating an account, submitting enquiries or interacting with any electronic service provided by The Lab.
1.2 Interpretation
Unless the context clearly indicates otherwise the following rules of interpretation shall apply to these General Terms and Conditions and to the Agreement concluded between The Lab and/ or The LCC and the Client.
1.2.1 Words importing the singular shall include the plural and vice versa, words importing any gender shall include the other genders, references to natural persons shall include juristic persons and vice versa where the context so requires.
1.2.2 Any reference to a statute regulation or legislation shall include any amendment replacement consolidation or re-enactment thereof together with all regulations promulgated thereunder.
1.2.3 Any reference to a document, policy or agreement shall include any amendment, variation, substitution or replacement thereof from time to time.
1.2.4 Where any term is defined, the definition shall apply to both the singular and plural form of that term.
1.2.5 Where any provision in these General Terms and Conditions confers rights or imposes obligations on more than one person, such rights and obligations shall be joint and several, unless otherwise indicated by the context.
1.2.6 Any reference to writing or written communication shall include communication by electronic means including electronic mail, electronic messaging or any other form of electronic communication recognised in terms of the Electronic Communications and Transactions Act No. 25 of 2002 of the Republic of South Africa.
1.3 Exclusion of Contra Proferentem Rule
1.3.1 The parties expressly record and agree that the rule of interpretation recognised in South African law as the contra proferentem rule in terms of which a contractual provision may be interpreted against the party who drafted or prepared the agreement, shall not apply to the interpretation, construction or enforcement of these General Terms and Conditions.
1.3.2 Accordingly, no provision of these General Terms and Conditions shall be interpreted construed or applied against The Lab or The LCC merely by reason of the fact that these General Terms and Conditions or any portion hereof were drafted or prepared by The Lab or The LCC.
1.4 Electronic Transactions and Contract Formation
1.4.1 The Client acknowledges that transactions between the Client and The Lab may be concluded by electronic means including through the website, electronic mail, online ordering platforms, digital payment systems or any other electronic communication system recognised in terms of the Electronic Communications and Transactions Act No. 25 of 2002 of the Republic of South Africa.
1.4.2 Any order placed electronically by the Client shall constitute a legally binding offer to purchase Products subject to these General Terms and Conditions.
1.4.3 The Agreement between the parties shall come into existence only upon written or electronic acceptance of the Client’s order by The Lab.
1.4.4 Electronic communications, data messages, digital confirmations and electronic records generated by The Lab, shall constitute prima facie proof of the contents of such communications and of the transactions concluded between the parties.
1.5 Acceptance of Terms
1.5.1 By placing any order, purchasing any Product, accepting delivery of any Product, accessing the The Lab Website, using The Lab Online Shop or otherwise entering into any commercial dealing with The Lab or The LCC, as the case may be, the Client acknowledges that it has read, understood and agreed to be bound by these General Terms and Conditions.
1.5.2 The Client further acknowledges that these General Terms and Conditions regulate all present and future transactions between the Client and The Lab and The LCC, unless otherwise expressly agreed in writing by a duly authorised representative of The Lab or The LCC as the case may be.
1.5.3 The Client warrants that any person who, on behalf of the Client, places an order, accepts a quotation or concludes any transaction with The Lab, is duly authorised to bind the Client contractually.
1.6 Severability
If any provision of these General Terms and Conditions is found by a court of competent jurisdiction to be unlawful, invalid or unenforceable, such provision shall be severed from the remaining provisions which shall continue to be valid and enforceable to the fullest extent permitted by law.
1.7 No Waiver
No relaxation, indulgence, delay or failure by The Lab in enforcing any provision of these General Terms and Conditions shall constitute a waiver of any of its rights and no waiver shall be binding unless reduced to writing and signed by a duly authorised representative of The Lab.
1.8 Entire Agreement
These General Terms and Conditions together with any quotation, order confirmation, invoice, technical documentation and other documents incorporated herein, constitute the entire agreement between the parties and no representation, warranty, undertaking or promise not recorded herein shall be binding on The Lab unless reduced to writing and signed by a duly authorised representative of The Lab.
1.9 Governing Law and Jurisdiction
These General Terms and Conditions are governed by the laws of the Republic of South Africa. All and any disputes arising from these General Terms and Conditions shall be subject to the exclusive jurisdiction of South African courts, bodies and institutions.
2.1 These General Terms and Conditions shall apply to all transactions, contracts, sales manufacturing agreements, distribution arrangements, supplies services and any other dealings between The Lab and the Client relating to the manufacture, supply distribution, sale, storage, application or use of the Products.
2.2 These General Terms and Conditions shall apply notwithstanding any conflicting terms, conditions, stipulations or provisions contained in any purchase order document, communication or other instrument issued by the Client, unless expressly agreed to in writing by a duly authorised representative of The Lab / The LCC.
2.3 No amendment, variation consensual, cancellation, waiver or abandonment of any provision of these General Terms and Conditions shall be valid or binding, unless reduced to writing and signed by a duly authorised representative of The Lab / The LCC.
2.4 In the event of any conflict between these General Terms and Conditions and any other terms of The Lab contained in any other document, these General Terms and Conditions shall prevail.
3.1 Quotations
3.1.1 All quotations issued by The Lab shall remain valid only for the period stated therein, failing which for a period of fourteen (7) days from the date of issue.
3.1.2 Quotations are subject to the availability of raw materials, manufacturing capacity and stock availability.
3.1.3 The Lab reserves the right to amend, withdraw or correct any quotation at any time prior to written acceptance by the Client.
3.1.4 Payment terms
Payment in terms of a quotation is due upon date of written acceptance of the quotation.
3.1.5 Product Use
3.1.5.1 It is the Customer’s responsibility to ensure the Product(s) is suitable for its intended purpose. Reference and consideration must be had to the Product(s)’ TDS, as well as the relevant container information.
3.1.5.2 It is the Customer’s duty to follow prescribed cleaning, preparation and application procedures.
3.1.6 Basis for quotations
3.1.6.1 Quotations are based solely on information and descriptions provided by the Customer. Should site conditions or substrate vary from what was described, additional materials, labour and costs may apply. The Lab is not responsible for additional work arising from unforeseen site conditions.
3.1.6.2 Paint coverage is estimated on Products’ TDS and may vary depending on surface conditions and application method.
3.1.6.3 The Lab reserves the right to base calculations on 10% more than the actual applicable square meter age.
3.1.7 Structural Defects
3.1.7.1 While preparing quotations it is accepted that all substrates are sound, stable, as well as suitable for the intended coating.
3.1.7.2 Any unforeseen conditions, damage or deviations in substrate quality may require additional preparation, materials or charges, which will be communicated and approved before proceeding.
3.1.8 Warranties and Liabilities
3.1.8.1 The Lab makes no warranties, express or implied, except as provided by The LCC as referred to below in clause 16.
3.1.8.2 As referred to below in clause 8.5, The Lab will not be liable for any indirect, incidental or consequential damages.
3.1.9 Shortages and Damages
Any discrepancies or damages must be reported within 24 hours of delivery or collection.
3.1.10 Delivery Fee
3.1.10.1 Delivery fees may apply, which will be communicated prior to delivery.
3.1.10.2 Additional delivery fees may apply for outlying locations.
3.1.11 Delivery Delay Indemnity
3.1.11.1 The Lab will not be held liable for any delays in delivery to its depot(s) caused by third party couriers.
3.1.11.2 Once goods have been dispatched, the risk and responsibility for timely delivery lie with the courier service provider.
3.1.12 Amendments, variations or deviations
3.1.12.1 Amendments, variations or deviations from quotations must be agreed upon in writing by a duly authorised representative of The Lab.
3.12.2 Any verbal agreement, email or other informal communication that contradicts the terms of a quotation does not bind The Lab, unless confirmed in writing as referred to in clause 1.8 above.
3.1.13 Jurisdiction
All transactions pursuant to quotations are governed by the laws of Republic of South Africa.
3.1.14 Acceptance
Acceptance of quotations must be communicated in writing or electronically to The Lab, either by formal acceptance or confirmation of order.
3.2 Orders
3.2.1 Any order placed by a Client shall constitute an offer to purchase Products subject to these General Terms and Conditions and shall only become binding upon written acceptance by The Lab.
3.2.2 The Lab shall be entitled in its sole discretion to refuse any order, including but not limited to circumstances where raw materials are unavailable, where manufacturing capacity is limited or where The Lab reasonably believes that the Client may not comply with its obligations.
4.1 All prices quoted by The Lab are exclusive of Value Added Tax, transport charges, packaging costs, environmental levies, duties, taxes, regulatory charges or any other costs, unless expressly stated otherwise in writing.
4.2 The Lab shall be entitled to adjust prices without prior notice where increases occur in the cost of raw materials, labour, transport, packaging, energy regulatory compliance or any other input costs affecting the manufacture or supply of the Products.
4.3 Payment shall be made in full prior to manufacture, dispatch or delivery of the Products, unless agreed in writing with The Lab.
4.4 In the event of any legal action being instituted by The Lab for the recovery of any amount or the enforcement of any rights arising from the Agreement concluded with the Client, the Client shall be liable for all legal costs incurred by The Lab on the attorney-and-own-client scale including collection commission, tracing fees, sheriff’s fees, counsel fees, correspondent attorney fees and all disbursements.
5.1 Delivery shall be deemed to have taken place upon handing over in person, dispatch of the Products from The Lab’s premises or upon collection by the Client or its nominated carrier, whichever occurs first.
5.2 Risk in the Products shall pass to the Client upon delivery notwithstanding that ownership has not yet passed to the Client.
5.3 The Lab shall not be liable for any loss, damage or delay arising from late delivery or failure to deliver caused by shortages of raw materials, production interruptions, transport difficulties, labour disputes, mechanical breakdowns, regulatory intervention, acts of God or any other cause beyond the reasonable control of The Lab.
5.4 Delivery dates are estimates only and in no way guaranteed.
6.1 Ownership of all Products supplied by The Lab shall remain vested in The Lab until The Lab has received payment in full of the purchase price together with all other amounts which may be owing by the Client to The Lab from whatsoever cause arising.
6.2 Until ownership passes to the Client, the Client shall hold the Products as fiduciary agent and bailee for The Lab and shall store the Products separately, clearly marked and identifiable as the property of The Lab.
7.1 The Client acknowledges that coatings, paints and chemical products are dependent upon correct substrate preparation, environmental conditions, mixing ratios, curing times, humidity, temperature, application techniques and other external variables which are beyond the control of The Lab.
7.2 The Lab shall not be liable for any failure of the Products arising from improper surface preparation, incorrect mixing ratios, incorrect application, incompatible substrates, contamination, exposure to unsuitable environmental conditions or failure to follow the written instructions specifications or TDS’s issued by The Lab.
8.1 Subject to applicable legislation including the Consumer Protection Act No. 68 of 2008 The Lab warrants that the Products shall at the time of delivery substantially conform to the technical specifications of the relevant Products as published by The Lab from time to time.
8.2 The Lab does not warrant that the Products are suitable for any specific purpose, unless such purpose has been expressly confirmed in writing by The Lab.
8.3 To the fullest extent permitted by law, The Lab shall not be liable for any indirect, special, incidental, consequential or pure economic loss including loss of profit, loss of production, loss of business, loss of contracts, business interruption or damage to reputation.
8.4 The total liability of The Lab arising from any claim relating to the Products shall be limited to the purchase price paid by the Client for the Products giving rise to the claim.
8.5 To the fullest extent permitted by the laws of the Republic of South Africa, The Lab and/or The LCC shall not be liable for any direct, indirect, special, incidental or consequential loss or damage of whatsoever nature, including but not limited to loss of profits, loss of business, loss of contracts, loss of production, business interruption, project delay, loss of data, reputational damage or any third-party claims, arising out of or in connection with the purchase, delivery, storage, handling, application, use, performance or failure of the Products, nor for any costs relating to labour, surface preparation, removal of coatings, reapplication, replacement work, site remediation, transport, courier services, shipping, project delays or any other associated operational or commercial expenses incurred by the Client or any third party, whether such loss arises in contract, delict (including negligence), strict liability or otherwise, and the Client hereby acknowledges that the allocation of risk contained in these General Terms and Conditions constitutes a material basis upon which The Lab and/or The LCC agree to supply the Products.
9.1 The Client shall ensure that the Products are handled, stored, transported, used and disposed of strictly in accordance with the technical data sheets and all applicable legislation including, but not limited to, the Occupational Health and Safety Act No. 85 of 1993, the Hazardous Substances Act No. 15 of 1973, the National Environmental Management Act No. 107 of 1998, the National Environmental Management Waste Act No. 59 of 2008 and any regulations promulgated thereunder.
9.2 The Client shall be solely responsible for ensuring that all persons who handle, store, transport, apply or otherwise use the Products are properly trained and equipped with appropriate protective equipment and safety measures.
10.1 The Client acknowledges that paint, coatings and related chemical products are manufactured using complex formulations, consisting of pigments, binders, solvents, additives, fillers and other chemical components and that variations in raw materials, manufacturing processes and environmental factors may result in minor variations between production batches.
10.2 LCC shall use commercially reasonable efforts and accepted manufacturing practices to ensure that all Products manufactured conform to the technical specifications and quality standards applicable to such Products. However, the Client expressly acknowledges and accepts that minor variations in colour, shade, viscosity, gloss, level drying time, texture, opacity, chemical composition and other physical or chemical characteristics may occur between production batches.
10.3 Any such variations which fall within generally accepted industry tolerances or within the technical specifications issued by The Lab or LCC shall not constitute a defect breach of contract or grounds for cancellation, return, replacement or refund.
10.4 The Client shall be responsible for ensuring that sufficient quantities of Products from the same batch or production run are ordered and used where colour consistency is required for a particular project, surface or application area and The Lab and/ LCC shall not be responsible for any colour variation arising from the use of Products originating from different batches.
10.5 The Client shall prior to large scale application conduct appropriate colour checks and test applications to confirm that the Products are acceptable for the intended use and The Lab and/ or LCC shall not be liable for any losses, damages or costs arising from the failure by the Client to conduct such checks.
11.1 The Client acknowledges that the performance, durability adhesion and effectiveness of paint, coatings and chemical treatment systems are highly dependent upon proper surface preparation, substrate compatibility, environmental conditions, application techniques, curing conditions and other factors which are outside the control of The Lab.
11.2 The Client shall be solely responsible for ensuring that all substrates, surfaces, structures or materials onto which the Products are applied are properly prepared, clean, structurally sound, compatible with the Products and suitable for the intended coating system.
11.3 The Client shall ensure that all surfaces are prepared in accordance with recognised industry standards including, but not limited to, cleaning, degreasing, abrasive blasting, mechanical preparation, removal of contaminants and the correction of structural defects where necessary prior to the application of any Products.
11.4 The Client shall conduct appropriate adhesion tests, compatibility tests, moisture tests and other preliminary evaluations before applying the Products on a large scale or on any permanent structure surface or installation.
11.5 Any technical advice, recommendations, guidance or assistance provided by The Lab and/ or LCC, its employees agents or representatives shall be provided in good faith and based upon information available at the time. However, such advice shall not relieve the Client from its responsibility to independently verify the suitability of the Products for the intended purpose.
12.1 The Client acknowledges that the Products manufactured and supplied by The Lab and/ or LCC may contain chemical substances which may pose environmental health or safety risks if improperly handled, stored, transported, used or disposed of.
12.2 The Client shall ensure that all Products are stored, handled transported, applied and disposed of strictly in accordance with technical documentation of The Lab, applicable legislation and all relevant environmental, occupational health and hazardous substances regulations.
12.3 The Client shall be solely responsible for ensuring that any storage facilities, application sites, waste disposal processes or environmental management systems used in connection with the Products comply with all applicable legislation including but not limited to the Occupational Health and Safety Act No. 85 of 1993, the Hazardous Substances Act No. 15 of 1973, the National Environmental Management Act No. 107 of 1998, the National Environmental Management Waste Act No. 59 of 2008 and all regulations promulgated thereunder.
12.4 The Client shall indemnify and hold The Lab and LCC harmless against any and all claims, losses, damages, liabilities, penalties, fines remediation costs, clean-up costs, legal expenses and other costs of whatsoever nature, arising from- or relating to any environmental contamination, chemical release pollution, hazardous exposure or environmental damage occurring after delivery of the Products where such contamination or damage results from the storage, handling, use, application, transport disposal or misuse of the Products by the Client or any third party.
12.5 The Client shall further indemnify The Lab and LCC against any claim brought by any employee contractor, subcontractor, regulatory authority, member of the public or any other third party arising from exposure to- or contact with the Products after delivery where such exposure results from the failure by the Client to comply with the technical documentation and/ or instructions of The Lab / LCC or applicable legislation.
12.6 The provisions of this clause shall survive termination or cancellation of the Agreement between the parties and shall remain binding upon the Client indefinitely.
13.1 In the event that The Lab / LCC reasonably determines that any Product may pose a safety, environmental or regulatory risk, The Lab or LCC shall be entitled to issue a product recall, safety notice or corrective action notice to the Client.
13.2 Upon receipt of such notice the Client shall immediately cease distribution, resale or use of the affected Products and shall cooperate fully with The Lab / LCC in implementing any recall, corrective action or safety procedures.
13.3 The Client shall take all reasonable steps to notify downstream distributors, resellers, contractors, applicators and end users of the recall or corrective action and shall assist The Lab / LCC in recovering or remedying the affected Products where reasonably required.
13.4 The Lab / LCC shall not be liable for any loss or damage suffered by the Client arising from any product recall where such recall is implemented in order to comply with legal, regulatory, safety or environmental obligations.
14.1 The Lab / LCC shall be entitled, in its/ their sole and absolute discretion from time to time to amend, vary, supplement, substitute or withdraw any provision of these General Terms and Conditions, including any documents, annexures, schedules, policies or procedures incorporated herein, whether for purposes of complying with applicable legislation, addressing operational requirements, regulating commercial practices, managing risk or for any other lawful reason which The Lab / LCC may deem necessary or desirable in the ordinary course of its/ their business operations.
14.2 Any amendment effected by The Lab / LCC in terms of clause 14.1 above shall become effective upon publication or communication thereof by The Lab / LCC through any reasonable means, including but not limited to publication on their website, inclusion in quotations, invoices or statements, display at their premises, circulation by electronic communication or by any other method which reasonably brings such amendment to the attention of clients.
14.3 The client acknowledges and agrees that it is the client’s responsibility to ensure that it is familiar with the most current version of these General Terms and Conditions, as amended from time to time, and The Lab / LCC shall not be obliged to provide individual notice of every amendment to each client.
14.4 The continued placing of orders, purchase of goods, receipt of services, maintenance of an account with The Lab / LCC or any continued commercial dealing with The Lab / LCC by the client after any amendment has taken effect shall constitute acceptance by the Client of the amended General Terms and Conditions and the Client shall be deemed to be bound thereby as if the amended provisions had formed part of the General Terms and Conditions at the time of the Client’s original acceptance thereof.
14.5 To the extent that any applicable legislation requires that amendments to contractual terms be brought to the attention of Client’s in a particular manner, The Lab / LCC shall take reasonable steps to comply with such legislative requirements, provided that any failure by the Client to take note of such amendments after reasonable publication thereof shall not invalidate the enforceability of the amended General Terms and Conditions.
14.6 These General Terms and Conditions as amended from time to time shall govern all transactions between The Lab LCC and the Client, including transactions concluded prior to such amendments where the continued supply of goods occurs after the effective date of such amendments, unless otherwise expressly agreed in writing by The Lab / LCC.
15.1 At all times the provisions of the CPA shall be complied with by The Lab / The LCC and by the Purchaser in respect of any transaction relating to the Products.
15.2 Where a Purchaser is a “consumer” as defined in the CPA, the terms and conditions contained in these General Terms and Conditions shall be read and interpreted to the extent necessary to comply with the CPA. In the event of any inconsistency between these General Terms and Conditions and the CPA, the CPA shall prevail to the extent necessary to give effect to the Purchaser’s consumer rights under the CPA.
15.3 Nothing in these General Terms and Conditions, shall be construed as restricting or diminishing any rights of any Purchaser under the CPA or applicable consumer protection laws, nor as limiting The Lab’s or The LCC’s duties under the CPA.
The LCC’s product range is rigorously tested and meets all South African and international standards, including SABS, CSIR and ISO certifications.
16.1 Guarantees granted in relation to a specific product are specified in The LCC’s TDS.
16.2 To qualify for these guarantees the product must be applied strictly in accordance with The LCC‘s TDS using proper surface preparation, recommended primer and suitable application methods (including brushes, rollers or sprays).
16.3 Substrates must be clean, dry and structurally sound.
16.4 Environmental conditions including temperature, humidity and ventilation must be observed to ensure optimal curing and product performance.
16.5 Legal Responsibility and Exclusion of Liability
16.5.1 While all products are manufactured to high standards, The LCC’s guarantees do not cover:
16.5.1.1 Defects resulting from improper surface preparation including residual moisture, dust, grease or loose/ friable material;
16.5.1.2 Application without primer or use of non-recommended primers- or coatings;
16.5.1.3 Application under unsuitable environmental conditions (such as temperature or excessive humidity);
16.5.1.4 Mechanical damage, structural movement, chemical spills or extreme environmental exposure beyond the product design;
16.5.1.5 Normal wear and tear, accidental damage or misuse;
16.5.1.6 Labour costs, secondary materials or indirect/ consequential damages, including downtime or third-party claims;
16.5.1.7 Minor fading due to a variety of colour oxides resulting in normal weathering outside The LCC’s control.
16.5.2 The LCC accepts responsibility only for the quality of the product itself when applied correctly. Any failure arising from external factors, user error or unforeseen environmental conditions is excluded from any guarantee.
16.5.3 The guarantee of the workmanship will be the sole responsibility of the applicator.
16.6 Repairs under Guarantee
16.6.1 If a product defect verified by The LCC occurs within the specific product guarantee period, The LCC will provide replacement product in accordance with the percentage schedule applicable to the Product. Such schedules are available from The LCC upon request.
16.6.2 Labour, primers or other materials required for re-application are not covered by any guarantee.
16.7 Claims Procedure
16.7.1 Claims must be submitted to the LCC within 15 calendar days of detecting the defect.
16.7.2 Proof of purchase, photographs of the affected area and full application particulars must be provided.
16.7.3 The LCC reserves the right to inspect the site to confirm the cause of failure before approving any replacement.
16.8 Replacement (Depreciation)
Example: If a coating shows verified failure after 5 years within an 8 year product quality guarantee, the Client qualifies for 45% replacement of the originally used product. Labour and associated materials are excluded.
16.9 Disclaimer re Guarantees
The guarantees referred to above are strictly limited to the replacement of defective product. Correct surface preparation, primer use, application method and environmental conditions as specified in the relevant TDS are essential for product performance. No other guarantee, express or implied, is provided.
16.10 Distributor’s Product Quality Warranty
Further to clause 15 above, The Lab is committed to fully comply with all provisions of the CPA in particular the statutory warranty imposed in terms of section 56 of such Act.
By completing a purchase on The Lab Online Shop or any other electronic or digital platform of The Lab, the Purchaser agrees to be bound to these General Terms and Conditions.
17.1 Online Shop Terms & Conditions
17.1.1 General
By completing a purchase, a Purchaser acknowledges and agrees to the following:
17.1.1.1 An electronic record of the Purchaser’s transaction will be sent to the Purchaser’s email address (as provided by the Purchaser) in accordance with the ECTA.
17.1.1.2 The above record will include order details, payment confirmation, and The Lab’s contact information.
17.1.1.3 A Purchaser may request access to the Purchaser’s transaction records by contacting The Lab’s Information Officers at stefan@thelabcc.co.za (The Lab Chemicals and Coatings (Pty) Ltd) or michelle@thelabcc.co.za (The Lab George (Pty) Ltd) as provided for in The Lab’s PAIA Manuals on our website.
17.1.1.4 The Lab shall maintain secure records of electronic transactions in compliance with all legal requirements, including the ECTA.
17.1.2 Payment Terms
17.1.2.1 Full payment is required at checkout before any order is processed or dispatched.
17.1.2.2 All prices exclude VAT, unless otherwise stated.
17.1.2.3 Payments may be made via accepted online methods.
17.1.2.4 The Lab is not liable for any delays due to banking or technical issues of any kind.
17.2.3 Ownership of Goods
17.2.3.1 All goods remain the property of The Lab until full payment has been received and confirmed.
17.2.3.2 In the event of Goods purchased on The Lab Online Shop, ownership and risk in the Goods are transferred to the courier upon dispatch and to the Purchaser only upon delivery.
17.3.4 Returns
See clause 17.4 below.
17.3.5 Custom Orders
As stipulated in clause 17.4.1.2 below opened, tinted, custom- or special mixed Products are non-refundable and non-returnable under any circumstances.
17.3.6 Product Use
17.3.6.1 It is the Purchaser’s responsibility to ensure that the Product is suitable for its intended purpose.
17.3.6.2 Reference and consideration must be had to the TDS before use.
17.3.6.3 Paint coverage estimates on the TDS may vary depending on inter alia surface conditions, application methods and environmental factors.
17.3.6.4 Customers must follow all recommended preparation, application and safety procedures.
17.3.7 Warranties and Liabilities
17.3.7.1 The Lab provides no warranties, express or implied, except those supplied by the relevant original manufacturer.
17.3.7.2 The Lab is not liable for any direct or indirect, incidental or consequential damages, including but not limited to property damage, financial loss or personal injury, arising from the use or misuse of any Product.
17.3.7.3 Customers are responsible for compliance with all safety instructions and local regulations.
17.3.8 Shortages, Defects, and Damages
See clause 17.4 below.
17.3.9 Delivery
See clause 17.4.3 below.
17.4 Online Shop Returns & Delivery Policy
17.4.1 Returns
17.4.1.1 Returns are only accepted within seven (7) days of receipt by the Purchaser, provided that proof of purchase is provided and items are unused, unopened and in original packaging.
17.4.1.2 Opened, tinted, custom- or special mixed Products are non-refundable and non-returnable under any circumstances.
17.4.1.3 A 10% handling fee will be applied to all approved returns.
17.4.1.4 Return shipping costs are the responsibility of the Customer, unless the return is due to an error on the part of The Lab.
17.4.1.5 Refunds will be processed after inspection and approval of the returned Goods.
17.4.1.6 Refunds will be made via the original payment method after inspection and approval of the refund.
17.4.2 Damages and Shortages
17.4.2.1 Any shortages, defects or damages must be reported within 24 hours of delivery, accompanied by satisfactory photographic and other (where available) substantiating proof.
17.4.2.2 Claims not reported within 24 hours may be rejected at the sole discretion of The Lab.
17.4.3 Delivery
17.4.3.1 Delivery fees are calculated at checkout based on the Purchaser’s location.
17.4.3.2 Additional fees may apply for outlying areas.
17.4.3.3 Delivery dates and times are estimates only and may vary due to various reasons, including courier delays, weather or other unforeseen circumstances.
17.4.3.4 Tracking details will be provided via email or WhatsApp once an order has been dispatched.
17.4.4 Delays
While The Lab strives for prompt delivery, it will not be liable for delays caused by third-party couriers, weather, strikes or other unforeseen circumstances. Accordingly, The Lab is not liable for delays once goods have been handed to the relevant courier. Any claim for delayed delivery is the liability of the relevant courier and must be lodged directly with such courier.
17.5 Additional Risk Management Provisions
17.5.1 The Lab reserves the right to cancel or refuse orders where there is suspicion of fraud, unauthorised payment or any other unlawful activity.
17.5.2 Prices and promotions are subject to change without prior notice.
17.5.3 Product images on the website are for illustration purposes only and actual packaging and colours may vary slightly.
By accessing and using The Lab Website, the Visitor acknowledges that the Visitor has read, understood and agrees to all of these provisions and to The Lab’s practices regarding the collection, use, storage, protection and disclosure of the Visitor’s personal information (or the personal information of third parties the Visitor’s supply), as governed by POPIA, the PAIA and all other applicable laws and regulations of the Republic of South Africa.
18.1 Definition of Personal Information
For purposes of these General Terms and Conditions:
18.1.1 “Personal Information” has the meaning ascribed to it in Section 1 of POPIA, being information relating to an identifiable, living natural person (and where applicable a juristic person), including but not limited to name, identity number, contact details, age, gender, race, marital status, employment history, health or biometric data, as well any other information that can be linked to the individual concerned.
18.1.2 “Processing”, “Process”, ”Processed” means any operation or activity (automated or not) in respect of personal information, including collection, receipt, recording, organising, storing, updating, altering, retrieving, using, dissemination, erasure or destruction.
18.2 The Lab’s Role
18.2.1 The Lab acts as the “Responsible Party” (as defined in POPIA) in relation to a Visitor’s personal information that it collects, stores, uses or otherwise processes via its The Lab Website, unless otherwise expressly indicated.
18.2.2 Where The Lab shares a Visitor’s information with third parties, it will ensure that it acts as “Operator” (or have similar obligations) in accordance with POPIA.
18.3 Collection and Use of Personal Information
18.3.1 The Lab may collect and process a Visitor’s personal information (and that of third‐party individuals that the Visitor provides) when the Visitor:
18.3.1.1 Uses or registers on The Lab Website;
18.3.1.2 Completes any form, request, enquiry or subscription;
18.3.1.3 Contacts The Lab electronically or otherwise;
18.3.1.4 Uses any of The Lab’s services or access restricted areas of The Lab Website;
18.3.1.5 Interacts with The Lab in any other way (online or offline) and provides personal information to The Lab.
18.3.2 The purposes for which The Lab may collect and process a Visitor’s personal information include (but are not limited to):
18.3.2.1 To communicate with the Visitor and respond to the Visitor’s enquiries or requests;
18.3.2.2 To provide and administer The Lab’s Products and services as the Visitor has requested;
18.3.2.3 To authenticate the Visitor’s identity when required;
18.3.2.4 To register the Visitor (or the Visitor’s organisation) for The Lab’s services, events or newsletters;
18.3.2.5 To improve The Lab Website, functionality, user experience, content and services;
18.3.2.6 For internal record‐keeping, statistical analysis, reporting and research in anonymous or aggregated form;
18.3.2.7 To comply with applicable legal or regulatory obligations (including under POPIA, PAIA and other laws); and
18.3.2.8 Any other purpose for which the Visitor has explicitly consented or that is reasonably required in the context of The Lab’s relationship with the Visitor.
18.4 Lawful Basis & Consent
18.4.1 The Lab will only process a Visitor’s personal information where one or more lawful bases apply under POPIA, including:
18.4.1.1 The Visitor has given consent;
18.4.1.2 Processing is necessary for the performance of The Lab’s services or to take steps with the Visitor’s consent prior to entering into a contract;
18.4.1.3 Processing is required to comply with an obligation imposed by law;
18.4.1.4 Processing is necessary to protect the Visitor’s legitimate interests or those of others; and
18.4.1.5 Any other lawful bases as permitted under POPIA.
18.4.2 Where consent is required, the Visitor will have the right to withdraw such consent at any time, subject to contractual or other legal obligations.
18.5 Retention & De‐identification
The Lab will retain a Visitor’s personal information only for as long as is necessary to achieve the purpose for which it was collected or such longer period as may be required by law or contract. Once such retention is no longer required, The Lab will de‐identify or securely dispose of the Visitor’s personal information.
18.6 Security, Safeguards & Data Integrity
The Lab is committed to implementing appropriate technical and organisational measures to protect Visitors’ personal information against unauthorised or unlawful processing, accidental loss, destruction or damage in accordance with POPIA’s security safeguards. The Lab also aims to ensure that the personal information it holds is complete, accurate, not misleading and is updated as necessary.
18.7 Sharing and Disclosure of Personal Information
18.7.1 We will not disclose a Visitor’s personal information to third parties except:
18.7.1.1 With the Visitor’s consent;
18.7.1.2 To The Lab’s related group of companies, employees, contractors, service providers or advisers who have a need to access it, and who are subject to confidentiality obligations;
18.7.1.3 Where necessary to fulfill the purposes for which it was collected;
18.7.1.4 Where required or authorised by law (including for law enforcement or regulatory purposes); or
18.7.1.5 As otherwise disclosed to the Visitor at the time of collection.
18.7.2 In the event of cross border transfers of personal information (outside the Republic of South Africa); The Lab will ensure such transfer complies with POPIA’s requirements (including ensuring that the recipient is bound by obligations no less stringent than those imposed by POPIA).
18.8 A Visitor’s Rights under POPIA
18.8.1 As a “data subject” under POPIA a Visitor has the following rights (among others):
18.8.1.1 The right to be notified when the Visitor’s personal information is being collected;
18.8.1.2 The right to access the personal information The Lab holds pertaining to the Visitor;
18.8.1.3 The right to correct or update the Visitor’s personal information;
18.8.1.4 The right to object to the processing of the Visitor’s personal information (where applicable);
18.8.1.5 The right to request the deletion or destruction of the Visitor’s personal information, subject to legal or contractual retention requirements;
18.8.1.6 The right to withdraw consent where consent forms the basis of processing;
18.8.1.7 The right to lodge a complaint with the Information Regulator if the Visitor believes that The Lab has not complied with POPIA.
18.8.2 If a Visitor would like to exercise any of the above rights, it may contact The Lab using the contact particulars provided in clause 18.8.3 below.
18.8.3 For queries regarding these terms pertaining to a Visitor’s personal information, compliance with POPIA or how The Lab processes data, the below may be contacted:
Information Officers:
Stefan Ras (The Lab Chemicals and Coatings (Pty) Ltd)
Michelle Jacobsz (The Lab George (Pty) Ltd)
19.1 One of The Lab’s main priorities is the privacy of the Visitors to its The Lab Website.
19.2 The Lab’s Privacy Policy contains the types of information that is collected and recorded by The Lab and how it uses it.
19.3 The Lab’s Privacy Policy applies only to its online activities and is applicable to Visitors to The Lab Website with regards to the information that The Lab shares and/ or collects. The Privacy Policy is not applicable to any information collected offline or via channels other than The Lab Website.
19.4 Consent
By using The Lab Website, a Visitor consents to these General Terms and Conditions, in particular The Lab’s Privacy Policy, as amended from time to time, and agrees to all such terms and conditions.
19.5 Information The Lab collects
19.5.1 The personal information that a Visitor is requested to provide and the reasons why the Visitor is requested to provide it, will be made clear to the Visitor at the point The Lab requests the Visitor to provide the Visitor’s personal information.
19.5.2 If a Visitor contacts The Lab directly, The Lab may receive additional information about the Visitor such as the Visitor’s name, email address, phone number and the contents of the message and/ or attachments the Visitor may send The Lab and any other information the Visitor may choose to provide.
19.5.3 When a Visitor registers for an account, The Lab may ask for the Visitor’s contact information, including items such as name, company name, address, email address and telephone number.
19.6 How The Lab uses a Visitor’s information
The Lab uses the information it collects in various ways, including to:
19.6.1 Provide, operate and maintain The Lab Website;
19.6.2 Improve, personalise and expand The Lab Website;
19.6.3 Understand and analyse how Visitors use The Lab Website;
19.6.4 Develop new products, services, features and functionality;
19.6.5 Communicate with Visitors, either directly or through one of The Lab’s partners, including for purposes of customer service, to provide Visitors with updates and other information relating to The Lab Website and for marketing and promotional purposes;
19.6.6 Send Visitors emails; and
19.6.7 Find and prevent fraud.
19.7 Log Files
The Lab follows a standard procedure of using log files. These files log Visitors when they visit websites. All hosting companies do this as a part of hosting services’ analytics. The information collected by log files include internet protocol (IP) addresses, browser types, Internet Service Providers (“ISP’s”), date and time stamps, referring/ exit pages and possibly the number of clicks. These are not linked to any information that is personally identifiable. The purpose of the information is for analysing trends, administering the website, tracking users’ movements on the website and gathering demographic information.
19.8 Advertising Partners’ Privacy Policies
19.8.1 Third-party ad servers or ad networks use technologies like cookies, JavaScript or Web Beacons that are used in their respective advertisements and links that appear on The Lab Website, which are sent directly to users’ browsers. They automatically receive Visitors’ IP addresses when this occurs. These technologies are used to measure the effectiveness of their advertising campaigns and/ or to personalise the advertising content that Visitors see on websites that they visit.
19.8.2 The Lab has no access to- or control over these cookies that are used by third-party advertisers.
19.9 Third Party Privacy Policies
19.9.1 The Lab’s Privacy Policy does not apply to other advertisers or websites. Thus, The Lab advises Visitors to consult the respective privacy policies of these third-party ad servers for more detailed information. It may include their practices and instructions about how to opt-out of certain functions.
19.9.2 Visitors can choose to disable cookies through their individual browser options.
19.9.3 To find out more detailed information about cookie management with specific web browsers, it can be found on their respective websites.
19.10 Limitation of Liability
While The Lab undertakes all reasonable efforts to protect Visitors’ personal information, it is not liable for any direct, indirect, special or consequential loss or damage (including loss of profits, business interruption, loss of data and the like) arising out of- or in connection with a Visitor’s access to, or use of, The Lab Website or its processing of Visitors’ personal information, except to the extent such liability cannot be excluded under applicable law.
The provisions of clause 17.4 above shall also apply to other refunds and returns not relating to The Lab Online Shop.
21.1 The Client acknowledges that certain Products supplied by The Lab and/ or The LCC may be subject to export control laws, trade restrictions, sanctions, regimes, customs, regulations or other regulatory requirements imposed by the Republic of South Africa or by foreign jurisdictions including, but not limited to, the International Trade Administration Act No. 71 of 2002, the Customs and Excise Act No. 91 of 1964, the National Conventional Arms Control Act No. 41 of 2002, where applicable the regulations administered by the International Trade Administration Commission of South Africa (“ITAC”) and any applicable international sanctions or trade control regimes.
21.2 The Client undertakes and warrants that it shall at all times comply fully with all applicable export control laws, sanctions, regulations, customs, legislation and international trade restrictions which may apply to the export re export, export, transfer, resale distribution or use of the Products.
21.3 The Client shall not directly or indirectly export re export transfer, supply, sell, divert or otherwise make available any Product supplied by The Lab and/ or LCC to any country, territory, individual entity or organisation which is subject to trade sanctions, embargoes or export restrictions imposed by the Republic of South Africa, the United Nations, the European Union, the United Kingdom, the United States of America or any other competent international authority, where such export, transfer or supply would contravene any applicable law, regulation or sanction.
21.4 The Client further warrants that the Products shall not be used directly or indirectly for any unlawful purpose including, but not limited to, activities relating to chemical weapons, biological weapons, nuclear weapons, missile systems, restricted military end use or any other activities prohibited under applicable international export control regimes.
21.5 Where any Product supplied by The Lab and/ or The LCC is intended for export from the Republic of South Africa, the Client shall be solely responsible for obtaining all necessary export licences, permits, authorisations, registrations, certificates or governmental approvals required under applicable legislation and the Client shall comply with all customs, clearance documentation and reporting obligations relating to such export.
21.6 The Lab and The LCC shall be entitled in their sole and absolute discretion to refuse, suspend, cancel or delay any order, delivery or transaction where The Lab and/ or The LCC reasonably believe that the supply, export, transfer or use of the Products may contravene any export, control law, sanction, regulation, trade restriction or regulatory requirement or may expose The Lab and/ or LCC to potential legal, regulatory, reputational or commercial risk.
21.7 The Client indemnifies, defends and holds harmless The Lab and The LCC, their directors, employees, agents, contractors, distributors and representatives against any and all claims, losses, damages, penalties, fines, liabilities, costs, expenses, legal costs, regulatory investigations or enforcement actions arising directly or indirectly from any breach by the Client of this clause or from any unlawful export, transfer, diversion or use of the Products.
21.8 The provisions of this clause shall survive termination, cancellation or completion of the Agreement between the parties and shall remain binding upon the Client indefinitely to the extent permitted by law.
