Terms of service
TERMS OF SERVICE
African Containers Hub Pty Ltd
Trading as African Containers Hub
Effective Date: 9 September 2026
Website: africancontainershub.co.za
1. INTRODUCTION
These Terms of Service (“Terms”) govern access to and use of the African Containers Hub website, together with the purchase of products and services supplied by African Containers Hub Pty Ltd, trading as African Containers Hub (“African Containers Hub”, “ACH”, “we”, “us” or “our”).
By accessing our website, submitting an enquiry, requesting a quotation, placing an order, making a payment, accepting a quotation, commissioning a custom build, arranging delivery, or otherwise acquiring products or services from ACH, you acknowledge that you have read and understood these Terms and agree to be bound by them to the extent permitted by applicable law.
Where a particular transaction is governed by an accepted quotation, invoice, order confirmation, custom-build specification, delivery agreement or other written agreement, that document forms part of the agreement between ACH and the customer.
These Terms are intended to operate together with our:
- Return, Refund, Cancellation and Replacement Policy;
- Privacy Policy;
- Delivery and Shipping Policy;
- Custom Build Terms, where applicable;
- Legal Notice; and
- other policies expressly incorporated into the transaction.
Nothing in these Terms is intended to exclude, restrict, waive or diminish any right or remedy that cannot lawfully be excluded under South African law.
The Consumer Protection Act 68 of 2008 (“CPA”) establishes South African consumer-protection standards concerning, among other matters, fair dealing, quality, safety, information, contracts and consumer remedies.
2. BUSINESS IDENTITY
The contracting supplier is:
African Containers Hub Pty Ltd
Trading as: African Containers Hub
Website: africancontainershub.co.za
Telephone: 031 256 3376
WhatsApp: 063 726 0423
Sales: sales@africancontainershub.co.za
Support: support@africancontainershub.co.za
Complaints: complaints@africancontainershub.co.za
Operating / facility location:
Ladysmith, KwaZulu-Natal, 3370, South Africa
Coordinates:
28.54622° S, 29.80378° E
ACH is the merchant and supplier of the products and services described on its website and in its quotations. ACH does not operate as a financial institution, lender, remittance provider, payment aggregator or financial-services intermediary.
3. OUR PRODUCTS AND SERVICES
ACH supplies and facilitates the sale, modification, conversion, delivery and related servicing of shipping-container products and container-based solutions.
Our products and services may include:
- new 20-foot shipping containers;
- used 20-foot shipping containers;
- new 40-foot shipping containers;
- used 40-foot shipping containers;
- storage containers;
- container offices;
- container workspaces;
- container workshops;
- container shops;
- kiosks;
- café and food-service units;
- ablution and facility units;
- modified containers;
- converted containers;
- custom container buildings;
- container-based project solutions;
- container accessories;
- approved modifications and fittings;
- fabrication;
- installation;
- delivery;
- transport;
- positioning;
- offloading; and
- other container-related products or services expressly described in an accepted quotation.
Not every product or configuration will be available at all times.
4. PRODUCT AVAILABILITY
Products displayed on the website are subject to availability.
A website listing, photograph, description or displayed price does not necessarily constitute an unconditional offer to sell a particular unit.
Container availability may change because of:
- stock movements;
- prior sales;
- supplier availability;
- inspection results;
- container condition;
- transport availability;
- material availability;
- fabrication capacity;
- customer specifications; or
- other operational circumstances.
Where a particular container is identified by a container number, stock reference, photograph or other identifier, the customer should ensure that the relevant unit has been expressly confirmed as available before making arrangements based on that specific unit.
5. PRODUCT DESCRIPTIONS AND PHOTOGRAPHS
ACH makes reasonable efforts to ensure that product descriptions are accurate.
However, photographs may be illustrative where expressly indicated.
In particular, used containers may differ in:
- colour;
- paint condition;
- markings;
- dents;
- scratches;
- corrosion;
- flooring;
- doors;
- seals;
- previous repairs;
- previous modifications; and
- general cosmetic appearance.
Where a specific unit has been inspected and represented by photographs, the photographs may form part of the description of that particular unit.
For custom products, the final specification will ordinarily be determined by the accepted quotation, approved drawings, written specification, measurements and/or other agreed documentation.
6. USED CONTAINERS
Used containers are previously used industrial products.
Unless expressly represented otherwise, a used container should not be assumed to have the condition of a new container.
The customer should consider the disclosed condition, intended use and available inspection information before purchasing.
Where a particular defect, condition or characteristic has been expressly disclosed to the customer and the customer knowingly accepts the container in that condition, that disclosure will be taken into account when assessing subsequent complaints.
A disclosure of ordinary used condition does not, however, exclude statutory rights concerning defects, unsafe goods, material misrepresentation or other legally protected circumstances.
7. CUSTOM, MODIFIED AND CONVERTED CONTAINERS
Custom products are manufactured or modified according to customer requirements.
Custom work may include:
- cutting;
- welding;
- structural modification;
- doors;
- windows;
- serving hatches;
- electrical systems;
- plumbing;
- insulation;
- flooring;
- ceilings;
- internal partitions;
- counters;
- shelving;
- ablution facilities;
- kitchens;
- workshops;
- offices;
- retail units;
- cafés;
- branding;
- painting;
- equipment installation; and
- other agreed modifications.
The customer’s requirements must be accurately communicated before approval.
Once a custom specification has been accepted, material changes requested by the customer may result in additional costs and/or revised delivery dates.
Where custom fabrication has commenced, the customer acknowledges that cancellation and return rights may differ from those applicable to ordinary stock products, subject always to mandatory law.
8. QUOTATIONS
A quotation may include:
- product price;
- customisation;
- fabrication;
- delivery;
- transport;
- positioning;
- offloading;
- installation;
- applicable taxes;
- payment terms;
- lead time;
- quotation validity;
- exclusions;
- assumptions; and
- other project-specific charges.
Unless expressly stated otherwise, a quotation is not an unconditional guarantee that the quoted price will remain available indefinitely.
Quotation validity periods will be stated where applicable.
A quotation may require confirmation of:
- product availability;
- delivery destination;
- site access;
- technical requirements;
- stock availability;
- material availability; and
- other project conditions.
9. ACCEPTANCE OF A QUOTATION
An order becomes binding when ACH has accepted the customer’s order or otherwise confirmed the transaction in writing, subject to applicable law.
Acceptance may occur through:
- written confirmation;
- order confirmation;
- invoice;
- payment acceptance;
- electronic confirmation;
- signed quotation;
- approved custom specification; or
- another clear form of contractual acceptance.
For custom projects, ACH may require payment of a deposit or other agreed amount before procurement or fabrication begins.
10. PRICING
Prices are stated in South African Rand unless expressly indicated otherwise.
Prices may be affected by:
- container availability;
- container condition;
- customisation;
- materials;
- fabrication;
- labour;
- transport;
- fuel;
- destination;
- site conditions;
- crane or specialist equipment requirements;
- taxes; and
- other project-specific factors.
Where a price is calculated specifically for delivery or a custom project, the price is based on the assumptions stated in the quotation.
ACH will not intentionally use an incorrect website price to misrepresent the actual price of a product.
Where a material pricing error occurs before an order is accepted, ACH may contact the customer to correct the error or, where appropriate, cancel the affected transaction and refund amounts received.
11. PAYMENT
ACH may accept payment through payment methods made available on the website, quotation, invoice or other authorised sales channel.
These may include payment processing through third-party payment providers such as Paystack.
Payment processing is subject to the applicable payment provider’s technical procedures and terms.
ACH does not require customers to provide card PINs, online-banking passwords or other authentication credentials directly to ACH.
A payment receipt does not necessarily constitute confirmation that a particular custom project, delivery date or product configuration has been accepted unless ACH has confirmed the order.
12. PAYMENT PROVIDERS
Where a payment provider such as Paystack processes a transaction:
- ACH remains the supplier of the relevant product or service;
- ACH remains responsible for fulfilment;
- ACH remains responsible for customer support;
- ACH remains responsible for applicable returns and refunds; and
- the payment provider processes the payment according to its own systems and terms.
Paystack’s South African terms similarly place merchant responsibility for products, delivery, customer support, returns and refunds on the merchant.
A customer should contact ACH concerning the underlying sale, delivery, product, service, return or refund.
13. PAYMENT AUTHORISATION AND FRAUD PREVENTION
ACH may delay or suspend fulfilment where there are reasonable grounds to believe that:
- payment has not successfully settled;
- payment information is fraudulent;
- the transaction is unauthorised;
- the transaction presents an unusual fraud risk;
- customer information cannot reasonably be verified; or
- fulfilment would expose ACH to unlawful or material risk.
ACH may request reasonable verification information.
ACH will not request unnecessary confidential payment credentials.
14. DEPOSITS
Where a deposit is required, the applicable quotation or order confirmation will specify the amount or percentage.
A deposit constitutes payment toward the relevant transaction.
The legal treatment of the deposit upon cancellation depends on:
- the reason for cancellation;
- the nature of the product;
- whether work has commenced;
- whether materials have been procured;
- whether the product is custom;
- the customer’s statutory rights;
- the applicable agreement; and
- applicable law.
A deposit is not automatically forfeited merely because it is described as a deposit.
The customer’s rights are governed by applicable law and the applicable transaction documents.
15. DELIVERY
ACH may provide delivery directly or through third-party logistics providers.
Delivery costs may depend on:
- destination;
- distance;
- container size;
- number of containers;
- road conditions;
- route;
- site access;
- vehicle requirements;
- loading requirements;
- offloading requirements;
- crane requirements;
- positioning requirements;
- traffic restrictions;
- municipal restrictions;
- terrain; and
- other site-specific circumstances.
A delivery quotation is based on the information supplied by the customer and the assumptions stated in the quotation.
16. DELIVERY SITE REQUIREMENTS
The customer is responsible for providing accurate information concerning the delivery site.
The customer must disclose material circumstances that may affect safe delivery, including:
- restricted access;
- narrow roads;
- low bridges;
- overhead power lines;
- gates;
- steep gradients;
- soft or unstable ground;
- restricted turning space;
- construction activity;
- difficult terrain;
- property restrictions;
- municipal restrictions; and
- other relevant hazards.
Where necessary, the customer should obtain permission from the property owner, landlord, body corporate, municipality or other relevant authority.
17. OFFLOADING AND POSITIONING
Unless expressly included in the quotation, delivery does not necessarily include specialised offloading or final positioning.
Where offloading or positioning is included, the precise scope will be determined by the quotation.
The customer must ensure that the site is ready and safe before delivery.
ACH may postpone or refuse an unsafe delivery where proceeding would expose people, property, equipment or the container to unreasonable risk.
18. DELIVERY ACCEPTANCE
The customer or authorised representative should inspect the goods at delivery where reasonably possible.
The customer should record visible damage or discrepancies on delivery documentation and notify ACH promptly.
Customers should retain:
- delivery documentation;
- photographs;
- videos;
- correspondence; and
- other relevant evidence.
Failure to identify visible damage immediately does not automatically extinguish a statutory right where the law provides otherwise.
19. RISK AND ACCEPTANCE
The transfer of risk and acceptance of goods will be determined in accordance with applicable law and the specific transaction.
The CPA contains statutory rules concerning the consumer’s rights to delivery and the point at which goods remain at the supplier’s risk.
Nothing in these Terms is intended to contract out of those mandatory provisions.
20. DELIVERY DELAYS
ACH will make reasonable efforts to meet agreed delivery dates.
Estimated delivery dates may be affected by:
- production;
- custom fabrication;
- supplier delays;
- transport availability;
- weather;
- road closures;
- site readiness;
- payment clearance;
- material availability;
- customer-requested changes;
- regulatory requirements; or
- circumstances beyond ACH’s reasonable control.
Where a material delay is known, ACH will communicate the delay as reasonably practicable.
The customer retains any statutory remedies arising from an unlawful failure to perform.
21. CUSTOMER-REQUESTED CHANGES
Changes requested after acceptance may affect:
- price;
- materials;
- fabrication;
- delivery;
- installation;
- project schedule;
- engineering requirements; and
- availability.
ACH may issue a revised quotation or variation order before implementing a material change.
No material change should be assumed to have been accepted merely because the customer requested it.
22. CUSTOM PROJECT APPROVAL
Before fabrication begins, ACH may require the customer to approve:
- drawings;
- dimensions;
- layout;
- colour;
- doors;
- windows;
- electrical configuration;
- plumbing configuration;
- internal layout;
- equipment;
- finishes;
- branding;
- accessories;
- delivery requirements; and
- other material specifications.
The customer is responsible for carefully reviewing the approved specification.
Once fabrication has commenced, changes may be technically difficult, costly or impossible.
23. SITE-SPECIFIC CUSTOM WORK
Where a project depends on the customer’s property, site or infrastructure, the customer is responsible for ensuring that:
- the site is legally available;
- required permissions have been obtained;
- the site is accessible;
- foundations or support structures are suitable where required;
- utilities are available where required;
- the installation area is prepared;
- local restrictions are satisfied; and
- relevant professional approvals have been obtained where required.
ACH does not provide architectural, engineering, municipal, zoning or legal approval unless that service is expressly included in writing.
24. PERMITS AND REGULATORY APPROVALS
The customer is responsible for obtaining permits, approvals, consents or licences that are legally required for the customer’s intended use, placement or development.
Depending on the intended application, these may include municipal, zoning, building, environmental, health, fire-safety or other approvals.
ACH may provide reasonable product information but does not guarantee that a particular container configuration is approved for a particular property or intended use unless expressly agreed in writing.
25. INTENDED USE
Customers are responsible for ensuring that the selected product is appropriate for their intended application.
ACH may provide product information and reasonable guidance but does not assume responsibility for an application that differs materially from the intended or disclosed use.
Where the customer communicates a particular purpose and applicable law imposes an obligation on ACH concerning suitability, ACH will comply with that obligation.
26. ELECTRICAL, PLUMBING AND SPECIALIST INSTALLATIONS
Where a container includes electrical, plumbing, gas, mechanical, structural or other specialist work, the applicable quotation should identify the scope.
The customer must use appropriately qualified professionals where required by law for:
- connection;
- certification;
- inspection;
- maintenance;
- modification; or
- operation.
ACH does not represent that a product can be connected to a particular municipal or private infrastructure system unless that has been specifically assessed and agreed.
27. MAINTENANCE AND CUSTOMER CARE
After delivery, customers are responsible for reasonable care and maintenance of the container and installed equipment, subject to applicable warranties and statutory rights.
Depending on the product, appropriate maintenance may include:
- inspection for corrosion;
- maintenance of seals;
- lubrication of moving components;
- checking electrical systems;
- checking plumbing;
- protecting exposed surfaces;
- addressing water ingress;
- maintaining drainage; and
- servicing installed equipment.
Failure to perform reasonable maintenance may affect claims to the extent permitted by applicable law.
28. WARRANTIES AND STATUTORY RIGHTS
Nothing in these Terms limits mandatory statutory warranties.
The CPA provides consumers with statutory protections relating to quality, safety, durability and defects, including an implied warranty of quality subject to its statutory conditions.
Where a separate written warranty applies to a particular product or component, that warranty will be provided to the customer.
A manufacturer’s warranty may be subject to the manufacturer’s own terms.
A warranty does not eliminate statutory rights.
29. DEFECTS AND NON-CONFORMITY
If a customer believes goods are defective, unsafe, incorrectly supplied or materially inconsistent with the agreed specification, the customer should contact ACH promptly.
ACH may request:
- photographs;
- videos;
- order details;
- delivery information;
- product identification;
- inspection access; and
- other reasonably necessary information.
ACH will assess the matter and provide the remedy required by the applicable contract and law.
30. RETURNS, REFUNDS AND CANCELLATIONS
Returns, refunds and cancellations are governed principally by the separate Return, Refund, Cancellation and Replacement Policy, which forms part of these Terms.
That Policy addresses:
- change-of-mind requests;
- electronic transaction cooling-off rights;
- direct-marketing cancellations;
- advance orders;
- deposits;
- custom builds;
- defective goods;
- unsafe goods;
- incorrect goods;
- delivery damage;
- replacements;
- repairs;
- refunds;
- payment-provider refunds;
- chargebacks;
- duplicate payments; and
- complaint escalation.
Nothing in these Terms overrides that Policy or mandatory law.
31. ELECTRONIC TRANSACTIONS
ACH conducts certain transactions electronically.
Electronic communications may include:
- website forms;
- email;
- WhatsApp;
- online quotations;
- electronic invoices;
- electronic order confirmations;
- payment confirmations;
- electronic signatures; and
- other electronic communications.
The ECTA provides the legal framework for electronic communications and transactions in South Africa.
Subject to applicable law, electronic records may constitute evidence of the relevant communication or transaction.
32. ELECTRONIC RECORDS
Customers consent to receiving transaction-related documents electronically where permitted by law.
These may include:
- quotations;
- invoices;
- receipts;
- order confirmations;
- delivery confirmations;
- refund confirmations;
- notices;
- policy updates; and
- other transaction communications.
Customers are responsible for ensuring that their supplied email address and contact details remain accurate.
33. WEBSITE INFORMATION
ACH endeavours to maintain accurate website information.
However, website content may occasionally contain:
- typographical errors;
- temporary availability errors;
- outdated photographs;
- technical errors;
- incorrect display information; or
- information awaiting update.
Where a material error affects an order, ACH will address the matter in accordance with applicable law and the customer’s contractual rights.
Website content should not be treated as a substitute for a project-specific quotation where the purchase involves customisation or specialised delivery.
34. WEBSITE AVAILABILITY
ACH does not guarantee that the website will:
- always be available;
- be uninterrupted;
- be error-free;
- be free from technical defects;
- be compatible with every device; or
- remain unchanged.
ACH may temporarily suspend website functionality for:
- maintenance;
- upgrades;
- security;
- infrastructure changes;
- technical failures;
- third-party service interruptions; or
- other operational reasons.
35. INTELLECTUAL PROPERTY
Unless otherwise indicated, website content created or commissioned by ACH, including:
- text;
- photographs;
- graphics;
- logos;
- branding;
- designs;
- layouts;
- product descriptions;
- documents;
- software;
- databases; and
- other original materials
is protected by applicable intellectual-property laws.
Customers may use website information for legitimate personal or business purchasing purposes.
No person may reproduce, distribute, modify, commercially exploit or republish ACH proprietary content without appropriate permission, except where permitted by law.
36. CUSTOMER-SUPPLIED MATERIAL
Where a customer supplies:
- logos;
- photographs;
- designs;
- drawings;
- artwork;
- trademarks;
- text;
- specifications; or
- other materials,
the customer represents that they have the necessary rights or authority to provide those materials for the agreed purpose.
The customer remains responsible for third-party intellectual-property infringement arising from customer-supplied material.
37. PRIVACY AND PERSONAL INFORMATION
ACH processes personal information in accordance with its Privacy Policy and applicable South African data-protection legislation.
POPIA establishes requirements for lawful processing of personal information and protects personal information belonging to natural and juristic persons.
Information may be processed for purposes including:
- quotations;
- orders;
- customer identification;
- payment processing;
- delivery;
- project management;
- customer support;
- complaints;
- refunds;
- fraud prevention;
- legal compliance;
- accounting;
- record keeping;
- service improvement; and
- lawful marketing where applicable.
Payment providers and service providers may process information necessary to provide their services.
Customers should review the ACH Privacy Policy for the detailed processing framework.
38. PAYMENT CARD INFORMATION
ACH does not require customers to provide full payment-card credentials directly through ordinary email or WhatsApp communications.
Where card or other electronic payment information is processed, the applicable payment provider’s secure payment infrastructure may be used.
Customers should never disclose:
- PINs;
- passwords;
- one-time passwords;
- CVV/security codes; or
- online-banking login credentials
to an ACH employee through an ordinary communication channel.
39. THIRD-PARTY SERVICE PROVIDERS
ACH may use third parties to support the business, including:
- payment processors;
- hosting providers;
- ecommerce platforms;
- logistics providers;
- transport companies;
- crane and lifting providers;
- fabrication specialists;
- installation contractors;
- communication providers;
- analytics providers;
- professional advisers; and
- other service providers.
Third parties may process information or perform services necessary to complete the customer’s transaction.
ACH remains responsible for its contractual obligations to the customer to the extent required by applicable law.
40. DELIVERY AND LOGISTICS PARTNERS
Where third-party transport or logistics providers are used, ACH may provide those providers with information reasonably necessary to perform delivery.
This may include:
- customer name;
- telephone number;
- delivery address;
- site contact;
- order information;
- container details; and
- access instructions.
Customers must cooperate reasonably with delivery personnel.
41. CUSTOMER ACCOUNTS
Where the website provides customer-account functionality, customers are responsible for maintaining the confidentiality of their account credentials.
Customers must notify ACH if they reasonably suspect unauthorised access.
ACH may suspend an account where necessary for security, fraud prevention or legal compliance.
42. PROHIBITED USE OF THE WEBSITE
Customers must not use the website to:
- commit fraud;
- impersonate another person;
- submit false orders;
- interfere with website operation;
- introduce malicious software;
- attempt unauthorised access;
- scrape or misuse protected information;
- infringe intellectual-property rights;
- submit unlawful material;
- abuse communication channels;
- interfere with another customer’s account; or
- engage in conduct that is unlawful or materially harmful.
43. CUSTOMER COMMUNICATIONS
Customers may communicate with ACH through:
- email;
- telephone;
- WhatsApp;
- website forms;
- other authorised channels.
Customers should ensure that information supplied through those channels is accurate.
ACH may retain communications relevant to transactions, complaints, quotations, orders, payment, delivery and legal compliance.
44. MARKETING COMMUNICATIONS
Where ACH sends lawful marketing communications, customers may opt out in accordance with applicable law.
Transactional communications, including:
- order confirmations;
- invoices;
- delivery notices;
- payment notices;
- refund notices;
- security notices; and
- customer-service communications
may continue where necessary to administer the customer’s transaction.
45. COMPLAINTS
Customers should first contact ACH concerning any complaint.
Support: support@africancontainershub.co.za
Complaints: complaints@africancontainershub.co.za
Telephone: 031 256 3376
WhatsApp: 063 726 0423
A complaint should, where possible, include:
- customer name;
- contact information;
- order number;
- invoice number;
- relevant dates;
- description of the issue;
- amount in dispute;
- requested remedy; and
- supporting evidence.
ACH will assess and respond to complaints within a reasonable period.
Nothing in this clause prevents a customer from exercising a statutory right to approach an appropriate regulatory, consumer-protection, alternative-dispute-resolution or judicial body.
46. CONSUMER RIGHTS
Where the CPA applies, consumers retain the rights provided by the CPA.
These include, subject to the Act:
- protection against unfair business practices;
- information rights;
- rights concerning quality and safety;
- rights concerning timely and proper performance of services;
- rights concerning defective goods;
- applicable cancellation rights;
- applicable return rights;
- statutory warranty protections; and
- other remedies established by law.
ACH does not intend these Terms to contract out of mandatory consumer protections.
47. BUSINESS AND COMMERCIAL CUSTOMERS
Where the customer is a company, close corporation, partnership, trust or other juristic person, the contractual and statutory position may differ from that applicable to an individual consumer.
Commercial customers are responsible for ensuring that the person accepting a quotation or order has appropriate authority.
Where the customer is purchasing for business purposes, ACH may require:
- company details;
- billing information;
- authorised contact information;
- delivery details; and
- other information reasonably required for the transaction.
48. LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, ACH will not be liable for losses that are:
- remote;
- indirect;
- consequential; or
- not reasonably foreseeable,
except where liability cannot lawfully be excluded or limited.
Nothing in these Terms excludes or limits liability for matters that South African law does not permit a supplier to exclude or limit.
In particular, nothing in these Terms is intended to exclude liability arising from:
- fraud;
- wilful misconduct;
- gross negligence where exclusion is prohibited;
- death or personal injury where exclusion is prohibited;
- defective or unsafe goods where liability cannot lawfully be excluded;
- statutory consumer rights; or
- other mandatory legal obligations.
49. CUSTOMER RESPONSIBILITY FOR SITE CONDITIONS
Where delivery or installation depends upon a customer-controlled site, ACH is not responsible for conditions that the customer failed to disclose and that materially affect performance.
This may include:
- concealed underground services;
- unstable ground;
- inadequate access;
- unreported overhead hazards;
- restricted property access;
- unauthorised site conditions;
- unapproved building works; or
- inaccurate site measurements.
Where additional work is required solely because of undisclosed customer-controlled conditions, ACH may provide a variation quotation.
50. INDEMNITY
To the extent permitted by law, a customer agrees to indemnify ACH against third-party claims arising directly from:
- unlawful use of ACH products;
- customer-supplied materials that infringe third-party rights;
- unauthorised alterations;
- unlawful site activities;
- false information supplied by the customer; or
- misuse of the website.
This indemnity does not apply to the extent that the relevant loss was caused by ACH’s own unlawful conduct, breach or negligence where liability cannot lawfully be excluded.
51. FORCE MAJEURE
ACH will not be treated as having breached these Terms merely because performance is prevented or materially delayed by circumstances genuinely beyond its reasonable control.
Such circumstances may include:
- natural disasters;
- severe weather;
- flooding;
- fire;
- major road closures;
- governmental restrictions;
- civil disturbances;
- industrial action;
- significant transport disruption;
- widespread infrastructure failure;
- major supplier failure;
- extraordinary material shortages; or
- other events beyond reasonable control.
ACH will take reasonable steps to minimise the impact and communicate material delays.
Mandatory statutory rights remain unaffected.
52. SUSPENSION OR CANCELLATION BY ACH
ACH may suspend or cancel a transaction where legally justified, including where:
- payment fails;
- fraud is reasonably suspected;
- the customer provides materially false information;
- the customer requests unlawful work;
- the requested product becomes unavailable;
- safe delivery becomes impossible;
- required approvals cannot be obtained;
- continued performance would be unlawful; or
- another lawful contractual ground exists.
Where ACH cancels a paid transaction and a refund is legally due, ACH will process the applicable refund.
53. CANCELLATION BY THE CUSTOMER
Customer cancellation rights are governed by:
- applicable South African law;
- the accepted quotation;
- the nature of the goods or services;
- the stage of performance;
- the separate Return, Refund, Cancellation and Replacement Policy; and
- any other applicable contractual document.
Custom projects may have materially different cancellation consequences from standard stock products.
ACH will not impose a cancellation restriction that conflicts with a mandatory statutory right.
54. GOVERNING LAW
These Terms are governed by the laws of the Republic of South Africa.
Subject to mandatory consumer-protection provisions and any applicable jurisdictional rules, disputes will be determined by the competent courts of South Africa.
Nothing in this clause prevents a consumer from exercising a statutory right to approach a competent consumer-protection authority or other legally available dispute-resolution mechanism.
55. DISPUTE RESOLUTION
ACH encourages customers to resolve disputes directly through its complaints process before commencing formal proceedings.
The parties may, where appropriate, agree to:
- negotiation;
- mediation;
- alternative dispute resolution; or
- another lawful mechanism.
No provision in this section prevents a party from seeking urgent relief or exercising a statutory right where appropriate.
56. SEVERABILITY
If any provision of these Terms is determined to be invalid, unlawful or unenforceable, that provision will be interpreted or severed to the minimum extent necessary.
The remaining provisions will continue to operate to the extent legally permissible.
57. NO WAIVER
A failure by ACH to enforce a provision immediately does not constitute a permanent waiver of that provision.
A waiver must not be inferred merely from delay, silence or failure to exercise a right on one occasion.
58. ASSIGNMENT
A customer may not transfer or assign a material contractual right or obligation to another party without ACH’s prior written consent where such consent is reasonably required.
ACH may use subcontractors and service providers to perform parts of its obligations, including logistics, fabrication and installation, while remaining responsible for its obligations to the customer as required by law.
59. ENTIRE AGREEMENT
The agreement concerning a particular transaction may consist of:
- these Terms;
- the applicable quotation;
- accepted order;
- invoice;
- approved specification;
- delivery arrangements;
- applicable custom-build terms;
- Return, Refund, Cancellation and Replacement Policy;
- Privacy Policy; and
- other documents expressly incorporated into the transaction.
Where a specific transaction document expressly varies a general provision of these Terms, the specific provision will govern that transaction to the extent legally permissible.
60. CHANGES TO THESE TERMS
ACH may update these Terms where reasonably necessary to reflect:
- changes in law;
- regulatory requirements;
- payment-provider requirements;
- business operations;
- products and services;
- security requirements; or
- website functionality.
The version applicable to a particular transaction will ordinarily be the version in force when that transaction was accepted, subject to mandatory law and any legally applicable subsequent requirement.
61. ACCESSIBILITY OF TERMS
ACH intends these Terms and related customer policies to remain reasonably accessible to customers before and after transactions.
Customers are encouraged to retain copies of:
- quotations;
- invoices;
- order confirmations;
- specifications;
- payment receipts;
- delivery confirmations; and
- applicable policies.
Electronic records may be used as evidence of the transaction where permitted by law.
62. CONTACT INFORMATION
For all general enquiries:
African Containers Hub Pty Ltd
Trading as African Containers Hub
Website: africancontainershub.co.za
Telephone: 031 256 3376
WhatsApp: 063 726 0423
Sales: sales@africancontainershub.co.za
Support: support@africancontainershub.co.za
Complaints: complaints@africancontainershub.co.za
Administration: admin@africancontainershub.co.za
Operating / facility location:
Ladysmith, KwaZulu-Natal, 3370, South Africa
Coordinates:
28.54622° S, 29.80378° E
63. FINAL CUSTOMER ACKNOWLEDGEMENT
By proceeding with an order, quotation, payment or custom project, the customer acknowledges that:
- ACH is the supplier of the relevant products and services.
- Product availability may change until an order is accepted.
- Custom and modified products may have different cancellation and return considerations from standard products.
- Delivery requirements depend materially on the destination and site conditions.
- Customers must provide accurate specifications and delivery information.
- Customers should review quotations and custom specifications carefully before acceptance.
- Payments may be processed through third-party payment providers.
- Refunds and returns are governed by the applicable Return, Refund, Cancellation and Replacement Policy and mandatory law.
- Personal information will be processed in accordance with the ACH Privacy Policy and applicable law.
- Nothing in these Terms removes a consumer right that cannot lawfully be removed.
- South African law governs the transaction, subject to applicable consumer and jurisdictional protections.
- The customer should contact ACH promptly if there is a problem with a product, payment, delivery, service or transaction.
African Containers Hub Pty Ltd is committed to supplying shipping-container products and container-based solutions through a transparent ordering, quotation, payment, delivery, return and customer-support process consistent with applicable South African consumer, electronic-commerce, privacy and commercial requirements.