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Care4Air Terms & Conditions

1. DEFINITIONS

“Agreement” means these General Terms and Conditions concluded between Fourways Airconditioning (Pty) Ltd and you (“the Customer”) for a bundled installation, maintenance and service plan referred to as the Care4Air Plan, as may be amended from time to time in writing;

“Business Day” means any day other than a Saturday, Sunday or official public holiday;

“Company” means Fourways Group (Pty) Ltd (“we”), with Registration Number: 2007/004732/07 and principal place of business at Building D, Paddock Lane, Boundary Park, Corner Epsom Avenue and Malibongwe Drive, Northriding, Johannesburg, 2198, Customer care number: (011) 704 6320 and e-mail address: customercare@fourwaysgroup.co.za and includes its successors in title and assigns;

“Confidential Information” means information that is identified (orally or in writing) as confidential or of such a nature that a reasonable person would understand such information to be confidential;

“Cooling-Off” means the right of the Customer to rescind this Agreement if it originated from Direct Marketing;

“CPA” means the Consumer Protection Act 68 of 2008, together with its regulations, as amended from time to time;

“Customer” means the Party whose details appear on the application form who has purchased a Unit from a Company accredited dealer or retailer;

“Direct Marketing” means where the Customer has been approached by the Company in an unsolicited manner as defined in the CPA;

“Fee” means the monthly recurring payment payable by the Customer for access to the bundled services and benefits based on the Care4Air Plan selected by the Customer;

“Party” means either the Company or the Customer, and “Parties” means the Company and the Customer collectively;

“Personal Information” means any information relating to you/the Customer that we collect or receive, including, but not limited to, your name, contact details, identity number and any other information as defined in POPIA;

“Payment Service Provider” means a third party appointed to collect recurring payments from the Customer’s bank account and to remit such payments to the Company on behalf of the Customer in accordance with a mandate;

“POPIA” means the Protection of Personal Information Act 4 of 2013 as amended;

“Services” means the installation of an air conditioning unit at the Customer’s premises and the performance of preventative maintenance and servicing of the Unit by a Technician approved or appointed by the Company;

“Subscription” means a service-based arrangement in terms of which the Customer pays a recurring fee in exchange for access to installation coordination, maintenance services, and other service-related benefits provided under the selected Care4Air Plan.

“Technician” means the third party nominated by either Party and accredited by the Company, as part of its approved dealer network, to provide the Services; and

“Unit” means a qualifying room air conditioning unit manufactured under the Samsung brand.

2. SCOPE OF SUBSCRIPTION

  • 2.1 These General Terms and Conditions, read together with the selected Care4Air Plan terms, contains the entire agreement upon which we are willing to provide installation coordination, preventative maintenance and related services to you under the selected Care4Air Plan.
  • 2.2 The Subscription applies exclusively to Units purchased by the Customer from an accredited dealer or retailer of the Company.
  • 2.3 The Subscription provides access to the following services, subject to the selected plan:
    • 2.3.1 coordination and arrangement of installation through an accredited Technician;
    • 2.3.2 payment by the Company to approved installers/Technicians for covered services;
    • 2.3.3 fault diagnostics and inspections;
    • 2.3.4 labour support for qualifying repairs;
    • 2.3.5 ongoing preventative maintenance and servicing; and
    • 2.3.6 access to extended service support benefits.
  • 2.4 The Subscription expressly excludes:
  • 2.4.1 the sale and/or financing of any Unit or equipment;
  • 2.4.2 transfer of ownership of any goods;
  • 2.4.3 replacement parts and consumables which are for the Customer’s account.
  • 2.5 By completing, accepting and submitting these terms and conditions, the Customer confirms that:
    • 2.5.1 he/she has read, understood, and agrees to be bound by these terms and conditions, including the selected Care4Air Plan terms, and you further confirm that you are the person identified as the Customer in the application form you submitted.
    • 2.5.2 all information provided by the Customer is truthful, complete, accurate, and up to date. You are required to notify us immediately of any changes to your information.
  • 2.6 When you take up the Subscription, you will be required to provide your personal and banking details, as requested by the sales portal and/or Company’s accredited retailer or dealer, and complete the checkout process.

3. ELIGIBILITY

  • 3.1 The Customer qualifies for the Subscription only if:
    • 3.1.1 the Unit is purchased from a Company authorised dealer or retailer;
    • 3.1.2 the Unit (model, brand and/or make) is approved by the Company for inclusion in the Subscription Plan. It is the Customer’s responsibility to confirm whether the unit forms part of the Company’s approved or qualifying product range; and
    • 3.1.3 installation of the Unit is completed by a Technician approved or appointed by the Company.
  • 3.2 Failure to meet these requirements may result in a refusal or cancellation of the Subscription.

4. INSTALLATION

  • 4.1 Installation will be arranged through the Company’s network of dealers as part of the Subscription benefits.
  • 4.2 Standard installation costs are included in the Subscription, subject to:
    • 4.2.1 site inspection (if required); and
    • 4.2.2 standard installation specifications as determined by the Company.
  • 4.3 Any non-standard installation requirements (including but not limited to electrical works, structural modifications, extended piping, or additional materials) are:
    • 4.3.1 excluded from the Subscription and will be quoted separately; and
    • 4.3.2 payable directly by the Customer to the Technician upfront.
  • 4.4 The Customer shall provide safe and reasonable access to the premises to enable the performance of the Services.

5. MAINTENANCE AND SERVICING

  • 5.1 The Company will provide preventative maintenance services in accordance with the Customer’s selected Care4Air Plan and manufacturer guidelines.
  • 5.2 The Customer must:
    • 5.2.1 schedule the required service;
    • 5.2.2 allow access to the Unit;
    • 5.2.3 operate the Unit in accordance with manufacturer instructions.
  • 5.3 Failure to comply with the above requirements may result in the suspension of Service benefits.

6. SUBSCRIPTION FEES

  • 6.1 The Customer shall pay a monthly subscription Fee in advance via debit order or other approved method.
  • 6.2 The subscription Fee is payable for the full agreed term, subject to CPA cancellation rights.
  • 6.3 The Fee includes:
    • 6.3.1 Unit installation coordination and covered installation costs;
    • 6.3.2 scheduled servicing; and
    • 6.3.3 applicable extended service benefits.
  • 6.4 The Company may increase its Fee annually on reasonable prior written notice.
  • 6.5 If any payment is not received on the due date the Company may:
    • 6.5.1 charge reasonable administrative and collection costs permitted by law; and/or
    • 6.5.2 suspend Services until payment is brought up to date.

7. EXTENDED WARRANTY

  • 7.1 The Subscription may include an extended warranty on parts only, as specified in the applicable Care4Air Plan selected by the Customer.
  • 7.2 The extended warranty applies strictly to manufacturing defects in covered parts and does not cover any damage, failure, or deterioration arising from wear and tear, consumables, misuse, neglect, or external factors.
  • 7.3 The extended warranty is subject to the following conditions precedent and ongoing requirements:
    • 7.3.1 the Customer maintains an active Subscription at all times, with all payments being up to date;
    • 7.3.2 the Unit is used in accordance with the manufacturer’s specifications and is properly maintained and serviced in accordance with the Company’s or manufacturer servicing requirements;
    • 7.3.3 the Unit has not been subject to any unauthorised repairs, tampering, alterations, or modifications by any party other than the Company or an authorised Technician.
  • 7.4 The extended warranty benefit is conditional upon the Unit being serviced annually by a Company approved Technician. Subject to compliance with this requirement and the applicable Care4Air Plan terms, the Customer shall be entitled to a standard manufacturer-backed warranty of five (5) years.
  • 7.5 The Care4Air extended warranty shall only apply where the selected Subscription term exceeds the standard manufacturer warranty period applicable to the relevant Unit being more than five (5) years.
  • 7.6 For the avoidance of doubt, where the Subscription term does not exceed the applicable standard manufacturer warranty period, no extended warranty benefit shall apply under this Agreement.

8. CUSTOMER OBLIGATIONS

  • 8.1 The Customer agrees to:
    • 8.1.1 provide accurate information;
    • 8.1.2 maintain safe installation conditions;
    • 8.1.3 use the Unit properly and in accordance with manufacturer instructions;
    • 8.1.4 report any faults arising after the rendering of services by the Technician to the Company promptly upon becoming aware thereof at customercare@fourwaysgroup.co.za or on (011) 704 6320, and in any event within a reasonable time.
  • 8.2 The Customer shall be responsible for contacting the Company’s service centre to arrange for the performance of a Service.

9. DEFAULT, REMEDIES AND TERMINATION

  • 9.1 If the Customer fails to pay any amount due under this Agreement, or commits any material breach of these Terms and Conditions (including misuse or abuse of the services or air conditioning unit) the Company shall be entitled, upon giving the Customer not less than 20 (twenty) business days’ written notice to remedy such breach, to:
    • 9.1.1 suspend the provision of all services and benefits under the Subscription for the duration of such default, without prejudice to the Customer’s obligation to continue paying all amounts due;
    • 9.1.2 recover all arrear amounts by debiting the Customer’s nominated account or by any other lawful means, including instituting legal proceedings;
    • 9.1.3 recover all reasonable costs incurred by the Company in providing the service bundle, including administration, collection commission, tracing fees, legal costs on an attorney-and-client scale, where permitted by law;
    • 9.1.4 cancel this Agreement if the breach is not remedied within the prescribed notice period, in which event the Company shall be entitled to charge a reasonable cancellation fee, taking into account;
      • a) the value of service already rendered by the Company and/or Technician;
      • b) installation and third-party costs incurred;
      • c) any benefits or discounts granted; and
      • d) the remaining duration of the Agreement.
  • 9.2 Suspension or cancellation in terms of this clause shall not constitute a waiver of any rights the Company may have in law.
  • 9.3 The Customer may cancel this Agreement at any time on 20 (twenty) business days’ written notice in terms of the CPA. In the event of early cancellation by the Customer, the Company shall be entitled to charge a reasonable cancellation fee.

10. DISPUTE RESOLUTION

  • 10.1 The Parties agree to use their reasonable endeavours to resolve any dispute, complaint, or claim arising out of or in connection with this Agreement or Services through good faith negotiations. The Customer is encouraged to first lodge any complaint directly with our customer care department and we will respond within fifteen (15) Business Days.
  • 10.2 If the dispute is not resolved through internal processes, the Customer may refer the matter, where applicable, to appropriate dispute resolution bodies in accordance with the CPA, including:
    • 10.2.1 an accredited industry ombud;
    • 10.2.2 the National Consumer Commission; or
    • 10.2.3 an alternative dispute resolution (ADR) agent.
  • 10.3 The Parties may, by mutual agreement, refer the dispute to mediation, with the costs of the mediator to be shared equally, unless otherwise agreed.
  • 10.4 Nothing in this clause prevents either Party from approaching a court, tribunal, or any other competent authority with jurisdiction at any time, including the Consumer Tribunal, where applicable.
  • 10.5 This clause is intended to promote the fair, informal, and cost-effective resolution of disputes and does not limit any rights the Customer may have in law.

11. DEBIT ORDER AND PAYMENT AUTHORISATION

  • 11.1 The Customer authorises the Company or its Payment Service Provider to collect the monthly Fee due in terms of this Agreement via debit order or other agreed payment method.
  • 11.2 The Customer:
    • 11.2.1 warrants that sufficient funds will be available; and
    • 11.2.2 undertakes not to revoke payment instructions without lawful cause.
  • 11.3 Any failed debit order may result in:
    • 11.3.1 additional administrative fees; and
    • 11.3.2 the suspension of Services.

12. FORCE MAJEURE

  • 12.1 The Company shall not be liable for any delay or failure to perform due to events beyond its reasonable control, including but not limited to acts of God, power failures, supply chain disruptions, labour disputes, fire, flood, earthquake, pandemic, or government-imposed restrictions. In such an event, the Company must notify the Customer promptly, and performance will be suspended for the duration of the event.

13. CESSION AND ASSIGNMNET

  • 13.1 The Company shall be entitled, at its sole discretion and without consent from the Customer, to cede, assign, transfer, or delegate any or all of its rights and/or obligations under this Agreement to any third party. The Customer shall not be entitled to cede, assign, transfer, or otherwise dispose of any of its rights or obligations under this Agreement without the prior written consent of the Company, which consent shall not be unreasonably withheld.

14. LIMITATION OF LIABILITY AND INDEMNITY

  • 14.1 The Company shall not be liable to the Customer for any indirect, incidental, special or consequential loss or damage of any nature whatsoever, including but not limited to loss of profit, loss of business, or loss of use, arising from or in connection with this Agreement, the Subscription, or any services rendered, whether arising from contract, negligence or otherwise.
  • 14.2 The Company shall not be liable for any loss or damage arising from:
    • 14.2.1 misuse, abuse, or improper operation of the air conditioning unit;
    • 14.2.2 failure by the Customer to comply with manufacturer guidelines or this Agreement;
    • 14.2.3 unauthorised repairs, alterations, or installations whether undertaken with or without the Technician’s knowledge or involvement; or
  • 14.2.4 factors beyond the Company’s reasonable control.
  • 14.3 To the extent that the Company is found liable by a court of competent jurisdiction for any direct loss or damage, such liability shall be limited to the total subscription Fees actually paid by the Customer to the Company in the 6 (six) months preceding the event giving rise to the claim.
  • 14.4 Nothing in this clause limits or excludes any liability which may not lawfully be excluded in terms of the CPA or any other applicable law.

15. DISCLAIMER

  • 15.1 The Company utilises independent, accredited installers and/or Technicians to perform installation, maintenance and repair services under this Subscription. While the Company exercises reasonable care in the selection and appointment of such service providers, it does not warrant or guarantee that:
  • 15.1.1 any installation, maintenance or repair service will be uninterrupted, error-free, or free from defects;
  • 15.1.2 all faults or issues will be identified or resolved during any service visit;
  • 15.1.3 any specific outcome, performance level, or efficiency improvement will be achieved; or
  • 15.1.4 Services will be rendered strictly within any estimated timeframes, which remain indicative only.
  • 15.2 The Company shall not be liable for any loss or damage arising from:
  • 15.2.1 the acts or omissions of installers or Technicians, except to the extent required by applicable law;
  • 15.2.2 latent defects, manufacturer faults, or pre-existing issues with the Unit;
  • 15.2.3 delays caused by parts availability, supplier constraints, or circumstances beyond the Company’s control.
  • 15.3 The Customer acknowledges that:
  • 15.3.1 the Subscription facilitates and coordinates services but does not manufacture, supply, or guarantee the equipment; and
  • 15.3.2 all Services are subject to practical limitations inherent in technical diagnostics and repair work.
  • 15.4 Nothing in this clause limits the Customer’s rights in respect of service quality as provided for under the CPA, including the right to services performed in a manner and quality that persons are generally entitled to expect.
  • 15.5 The Company does not exclude or limit its liability, if any, for any matter for which it would be illegal for the Company to do so.

16. DATA PROTECTION AND CONSENT TO SHARING PERSONAL INFORMATION

  • 16.1 By entering into this Agreement, the Customer consents to the Company collecting, processing, storing and using the Customer’s personal information for purposes directly related to the administration and performance of this Subscription which includes installation coordination, service scheduling, maintenance services, billing, customer support, and compliance with legal obligations.
  • 16.2 The Customer further acknowledges and agrees that the Company may process:
    • 16.2.1 contact and identification information;
    • 16.2.2 service history and technical data relating to the air conditioning unit;
    • 16.2.3 usage-related and diagnostic information reasonably required to assess faults, maintenance needs, and performance of the unit; and
    • 16.2.4 de-identified and aggregated data for operational, statistical, and service improvement purposes.
  • 16.3 The Customer consents to such information being shared with the Company’s authorised installers, Technicians, contractors, and service providers strictly to the extent necessary to fulfil the Company’s obligations under this Agreement.
  • 16.4 The Company will take all precautions to ensure that personal information shared with any third party will be treated with the same level of protection as required from the Company.
  • 16.5 If the Customer fails to meet his/her commitments to the Company, the Company may record the Customer non-performance with credit bureaus, credit information agents, credit insurance companies or other creditors of the Customer.
  • 16.6 All personal information will be processed in accordance with applicable data protection laws, including the POPIA, and will not be used for purposes unrelated to this Agreement without the Customer’s consent, unless required by law.

17. GENERAL PROVISIONS

  • 17.1 This Agreement and Subscription shall be governed by and decided upon in accordance with the laws of the Republic of South Africa.
  • 17.2 The Customer hereby irrevocably consents to the jurisdiction of the Magistrate’s Court in respect of any dispute which may arise between the parties at any time, notwithstanding that the amount of any claim which may form the subject matter of such dispute exceeds the jurisdiction of such Court. This provision shall not preclude the Company from instituting action against the Customer in any other competent court with jurisdiction, and in such event, the Customer agrees that the Company shall not be limited to recovering any costs occasioned thereby on the magistrate’s court tariff.
  • 17.3 This Agreement constitutes the entire agreement between the parties in respect of its subject matter and supersedes all prior understandings or representations. No amendment, variation, or consensual cancellation of this Agreement shall be of any force or effect unless reduced to writing and agreed to by both parties,
  • 17.4 Where any number of days or other period is given in this Agreement for the carrying out of the Service or obligations, the days will be calculated excluding the first day and including the last day.
  • 17.5 A certificate signed by any duly authorised representative of the Company reflecting the Customer’s indebtedness shall constitute prima facie proof of the amount due for all purposes, including legal proceedings. In the event of a dispute, the burden of proof shall rest on the Customer.

18. COOLING-OFF (WHERE APPLICABLE)

  • 18.1 If this Agreement results from direct marketing, the Customer may cancel within 5 (five) business days in accordance with the CPA.
  • 18.2 Any refund due to the Customer will be subject to reasonable costs already incurred by the Company.

19. DOMICILIUM

  • 19.1 The Parties choose as their domicilium citandi et executandi for all purposes arising from or in connection with this Agreement the physical addresses, email addresses and facsimile numbers set out in the application form in respect of the Customer, and in clause 1 in respect of the Company.
  • 19.2 Any notice or communication required or permitted to be given in terms of this Agreement shall be valid and effective only if in writing, provided that it shall be competent to give notice by way of email or hand delivery.
  • 19.3 A party may change its domicilium citandi et executandi (its physical address and/or email address and/or facsimile number) by furnishing the other party with 5 (five) days written notice of its new physical address, provided that the change will only become effective from the seventh business day from the deemed receipt of the notice by the other party.
  • 19.4 A party will be deemed to have received a notice at its domicilium citandi et executandi on:
    • 19.4.1 the 7th day after posting if sent by prepaid registered post in a correctly addressed envelope to the address provided;
    • 19.4.2 the day of delivery, if delivered by hand to the address provided;
    • 19.4.3 the day of dispatch, if sent by email or facsimile to its chosen email address or facsimile number.
  • 19.5 Notwithstanding anything to the contrary herein contained, a written notice or communication actually received by the Customer as well as the surety(ies) and/or co-principal debtor(s) shall be adequate and valid, notwithstanding that it was not sent or delivered at its chosen domicilium citandi et executandi.

20. GENERAL

  • 20.1 These General Terms and Conditions, read together with the selected Care4Air Plan terms, constitutes the entire agreement between the parties. No party shall be entitled to rely upon any term, warranty, guarantee, condition or representation, unless it is contained herein.
  • 20.2 No amendment of these General Terms and Conditions and no extension of time, waiver or relaxation of any of the provisions herein shall be binding, unless recorded in a single document signed by both of the parties.
  • 20.3 No relaxation or indulgence shall prejudice or be deemed to be a waiver of any of the Company’s rights hereunder.
  • 20.4 The Customer warrants that all of the information recorded in this Agreement is accurate, correct and complete in all respects. The Customer undertakes to notify the Company of any changes to such information within 10 (ten) days of such change occurring. Notwithstanding the provisions of this clause, the Company will only be deemed to have received such notification once it has acknowledged receipt of such notification in writing to the Customer.
  • 20.5 Each provision of this Agreement is severable, the one from the other. If any provision is found to be defective, unlawful or unenforceable for any reason, the remaining provisions shall continue to be of full force and effect.
  • 20.6 The rule of construction that this Agreement be interpreted against the party responsible for drafting this document shall not apply.

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