CHERRY PEPPER (PTY) LTD – TERMS AND CONDITIONS
1. Introduction
These Terms and Conditions govern all services, products, and interactions between Cherry Pepper (Pty) Ltd (“Cherry Pepper”, “we”, “us”, or “our”) and any client, customer, or website user (“the client”). By requesting a quotation, purchasing a product, engaging our services, or using our website, the client agrees to be bound by these Terms and Conditions in full. These terms apply to all solar installations, electrical services, product sales, maintenance agreements, and any related services offered by Cherry Pepper.
2. Scope of Services
Cherry Pepper provides professional services including, but not limited to, solar system design and installation, electrical and related technical services, the sale of solar and energy-related products, and ongoing maintenance and support through service level agreements (SLAs). All services are subject to assessment of site conditions, availability of materials, and final confirmation of the quotation. Any additional work required outside the original scope will be quoted separately and must be approved by the client before execution.
3. Quotations and Pricing
All quotations issued by Cherry Pepper are valid for a limited period as specified in the quotation, typically between seven and fourteen days, and are subject to change based on supplier pricing, exchange rate fluctuations, and material availability. Pricing is based on the information available at the time of quoting and assumes standard installation conditions. Should site conditions differ materially, including but not limited to roof structure, cable distances, access limitations, or additional compliance requirements, Cherry Pepper reserves the right to adjust pricing accordingly, subject to client approval before proceeding.
4. Payment Terms
A deposit is required prior to the procurement of materials and scheduling of installation. The balance of payment is due either upon completion of the installation or in accordance with agreed milestone payments. Cherry Pepper reserves the right to withhold commissioning, system activation, or final documentation, including certificates of compliance, until full payment has been received. Ownership of all equipment remains with Cherry Pepper until payment has been made in full. Late payments may result in delays, suspension of services, or additional charges.
5. Installation Terms and Client Responsibilities
Installation timelines provided by Cherry Pepper are estimates and may be affected by factors outside of our control, including weather conditions, supplier delays, and site readiness. The client is responsible for ensuring that the installation site is safe, accessible, and structurally suitable for the proposed system. Cherry Pepper will not be held responsible for delays or additional costs resulting from unsafe conditions, restricted access, or undisclosed site limitations. Any required approvals, permissions, or compliance documentation from local authorities remain the responsibility of the client unless otherwise agreed in writing.
6. Warranties and Workmanship
All equipment supplied by Cherry Pepper is covered by manufacturer warranties, which vary depending on the product type and brand. Cherry Pepper does not control or override manufacturer warranty decisions but will assist the client with warranty claims where necessary. In addition to manufacturer warranties, Cherry Pepper provides a one-year workmanship warranty on installations, covering defects arising directly from installation quality. This warranty does not cover damage resulting from misuse, external interference, environmental factors, or normal wear and tear. Clients may opt to enter into a Service Level Agreement (SLA), which provides extended support, monitoring, maintenance, and priority assistance to ensure optimal system performance and compliance with warranty conditions.
7. Maintenance and Service Level Agreements (SLAs)
Cherry Pepper offers optional Service Level Agreements to provide clients with ongoing support, system monitoring, routine inspections, and maintenance services. These agreements are designed to ensure optimal system performance, early fault detection, and compliance with manufacturer warranty requirements. SLA clients may receive priority support and access to assistance seven days per week; however, callout fees may still apply unless explicitly included in the SLA agreement. The terms, scope, and pricing of SLAs are governed by separate agreements entered into between Cherry Pepper and the client.
8. Limitation of Liability
Cherry Pepper shall not be liable for any indirect, incidental, or consequential damages, including but not limited to loss of income, business interruption, or loss of data. Cherry Pepper is not responsible for grid instability, municipal supply issues, load shedding schedules, or any external factors affecting system performance. The client acknowledges that energy production and savings are estimates and not guaranteed outcomes. Cherry Pepper’s total liability, whether in contract or otherwise, shall be limited to the value of the services or products supplied under the specific agreement.
9. Product Sales and Website Use
All products sold via the Cherry Pepper website or directly are subject to availability and supplier stock. While every effort is made to ensure accurate pricing and product descriptions, Cherry Pepper reserves the right to correct errors, update pricing, or cancel orders where necessary. In the event of a pricing or specification error, the client will be informed and given the option to proceed or cancel the order. Cherry Pepper may, with client approval, substitute equivalent products where availability issues arise.
10. Delivery and Risk
Delivery timelines are estimates and may vary depending on supplier and logistical factors. Risk in the goods passes to the client upon delivery. It is the client’s responsibility to inspect all goods upon receipt and report any damage, shortages, or discrepancies within a reasonable time. Failure to do so may limit the ability to process claims.
11. Cancellations
Orders may be cancelled prior to procurement of materials, subject to an administrative fee. Once materials have been procured or allocated, cancellation may result in partial or full forfeiture of the deposit. Where installation has commenced, cancellations will not be eligible for refunds on labour or services rendered. Custom or specially ordered items may not be cancelled or refunded once ordered.
12. Compliance and Certification
Cherry Pepper undertakes to perform all installations in accordance with applicable South African regulations and standards, including relevant SANS requirements. Where applicable, a Certificate of Compliance (COC) will be issued upon completion and full payment. The client acknowledges that ongoing compliance may require proper maintenance and usage of the system.
13. Force Majeure
Cherry Pepper shall not be held liable for any failure or delay in performance resulting from events beyond its reasonable control, including but not limited to natural disasters, supplier disruptions, government actions, or labour disputes. In such cases, timelines may be extended accordingly.
14. Governing Law
These Terms and Conditions are governed by the laws of the Republic of South Africa. Any disputes arising shall be subject to the jurisdiction of South African courts.
RETURNS AND REFUND POLICY
Cherry Pepper allows returns of unused products within seven days of purchase, provided that the items are in their original condition, packaging, and accompanied by proof of purchase. In accordance with the Consumer Protection Act, defective goods may be returned within six months, and Cherry Pepper will arrange for repair, replacement, or refund depending on the nature of the defect. Products that have been installed, used, custom-built, or specially ordered are not eligible for return unless defective.
Deposits paid for installations are non-refundable once materials have been procured. Labour and installation services are non-refundable once work has commenced. Approved refunds will be processed within a reasonable period, typically between seven and fourteen business days, using the original payment method.
PRIVACY POLICY
Cherry Pepper is committed to protecting the privacy of its clients in accordance with the Protection of Personal Information Act (POPIA). We collect personal information such as names, contact details, addresses, and payment information for the purpose of providing our services, processing transactions, and communicating with clients. Information may also be collected through website usage, including cookies and analytics tools.
Client information is used strictly for legitimate business purposes, including order fulfilment, service delivery, customer support, and, where consent is given, marketing communications. Cherry Pepper does not sell or unlawfully distribute personal information. Information may be shared with trusted third parties such as payment processors, delivery providers, and suppliers where necessary to fulfil services.
We take reasonable technical and organisational measures to protect personal information against loss, misuse, or unauthorised access. Clients have the right to access, correct, or request deletion of their personal information, subject to applicable legal requirements.