Terms of service

Makoro Brick Gauteng (Pty) Ltd Conditions of Trade

1. INTRODUCTION
1.1 At Makoro Brick Gauteng, we recognise that every building project represents more than just materials it represents vision, investment, and lasting value. With the strength of the Makoro Group behind us and the dedication of our South African team on the ground, we are committed to providing products that combine durability, innovation, and trusted quality. From your first engagement with us to the completion of your order, our goal is to ensure a seamless experience built on professionalism, efficiency, and transparency. These Terms have been prepared to safeguard both parties, clarify expectations and reaffirm our commitment to being a reliable partner in your project’s success.

1.2 These Terms and Conditions ("Terms") govern all transactions for the supply of goods and services by Makoro Brick Gauteng (Pty) Ltd (“Makoro”, “we”, “us”, or “our”), a private company incorporated in the Republic of South Africa, with its principal place of business situated at Plot 101, Sefako Makgatho Road, Derdepoort, Pretoria, 0186.

1.3 These Terms apply exclusively to purchases of bricks, tanks, or related products and services initiated through Makoro’s official website or other designated online platforms. Where transactions are subsequently concluded on-site, through agents, or by other means, such dealings may be subject to or replaced by additional or separate terms and conditions as communicated by Makoro at the time of sale.

1.4 By engaging in any transaction with Makoro, the customer (“you” or “the client”) confirms acceptance of these Terms as binding and acknowledges that they have read, understood, and agreed to all provisions contained herein.

2. DEFINITIONS
2.1 Goods refer to any and all brick products, tank products, accessories, or related materials manufactured or distributed by Makoro.
2.2 Client means any individual, company, entity, or agent purchasing or contracting with Makoro for the supply of Goods.
2.3 Order refers to any request by a client to purchase Goods, whether formalised through a purchase order, quotation acceptance, or direct payment.
2.4 Agreement refers collectively to these Terms and any additional written contractual arrangements agreed upon between Makoro and the Client.

3. ORDERS AND QUOTATIONS
3.1 All quotations issued by Makoro are valid for a period of 30 calendar days, unless otherwise stipulated in writing. Quotations issued by authorised sales agents may contain additional terms and conditions specific to the nature of the order or the engagement with the client. Such terms shall supplement or, where in contradiction, supersede these Terms, and shall be binding on the client.

3.2 Clients making use of Makoro’s online quotation submission functionality are required to enter at least one valid product quantity when requesting a quotation. Submissions with no product quantities will not be accepted or processed.

3.3 All mandatory fields within the quotation form must be completed accurately by the client. Quotations submitted with incomplete or false information may be disregarded.

3.4 Frivolous, vexatious, or bad-faith submissions of quotation requests, including those intended to disrupt or frustrate Makoro’s systems, shall result in refusal of further business dealings with the submitting individual, any connected persons, and/or any associated IP addresses.

3.5 Clients may submit multiple quotation requests, provided such submissions are made in a reasonable, good-faith manner consistent with genuine commercial intent.

4. PRODUCT REPRESENTATION AND VARIANCE
4.1 Makoro endeavours to present its products as accurately as possible through product images, catalogues, and digital representations. However, all photographs and visual representations serve as approximate guides only and do not constitute exact replicas of the final delivered product.

4.2 Variations may occur in:

• Colour, due to lighting, manufacturing processes, or screen calibration;
• Dimensions and size, due to production tolerances or perspective distortion;
• Texture or finish, especially in handmade or moulded products.

4.3 Clients are strongly advised to inspect samples in person where available or consult detailed product specifications before placing large or technical orders. No claims shall be entertained on the basis of minor or customary industry-accepted deviations.

5. PRICING AND PAYMENT
5.1 Where prices are expressly stated on Makoro’s official website or digital platforms, such prices shall be quoted in South African Rand (ZAR) and shall be deemed inclusive of Value Added Tax (VAT), unless the context or accompanying documentation clearly indicates otherwise. Prices reflected on the website are for convenience and indicative purposes, and may be supplemented or adjusted in formal quotations issued directly to clients.

5.2 Makoro reserves the unfettered right, in its sole discretion, to review and amend its pricing structure at any time without prior notice. Such adjustments may arise from, but are not limited to, fluctuations in the cost of raw materials, changes in manufacturing or transport costs, currency exchange rate volatility, statutory levies, government-imposed duties, or any other commercial, logistical, or regulatory factors which materially affect the cost of supply. Any revised pricing shall become immediately applicable to all new quotations and orders not yet accepted by Makoro in writing.

5.3 Full payment of the purchase price is required prior to the collection or delivery of goods, unless otherwise expressly agreed to in writing by Makoro’s duly authorised representatives. Official Makoro banking details shall be provided solely on company-issued documentation, and clients bear the full risk and responsibility of verifying such details prior to effecting any transfer of funds. Makoro shall not be held liable for any losses suffered as a result of payments made to fraudulent, incorrect, or unauthorised accounts. When such wrongful payment is made by a client, the amount owing will still be due to Makoro.

5.4 Cash payments to delivery drivers, factory personnel, or any third party are strictly prohibited unless expressly and specifically authorised by Makoro in writing. Makoro shall have no liability for, nor shall it recognise, any cash payments made in contravention of this clause. Clients acknowledge and accept that all unauthorised cash transactions are undertaken entirely at their own risk, and Makoro reserves the right to decline delivery or performance where payment has not been duly verified in accordance with its official procedures.

5.5 Makoro retains the absolute discretion to designate, introduce, or amend the accepted methods of payment and transactional platforms utilised for settlement of client accounts, including but not limited to electronic funds transfers, debit or credit card facilities, mobile payment systems, or third-party payment processing software. The client agrees to comply with any such requirements as may be prescribed by Makoro from time to time in relation to its chosen payment channels.

6. DELIVERY, OWNERSHIP AND RISK
6.1 Deliveries shall be effected strictly to the entry point of the client’s property only. Makoro’s delivery obligations do not extend to moving goods beyond this point or over walls, embankments, inclines, or into areas that are inaccessible to delivery vehicles.

6.2 The client bears the sole responsibility of ensuring that suitable and safe access for delivery vehicles, including vehicles of up to twenty-two metres (22m) in length, is available at the delivery site. Should access not be reasonably possible, Makoro reserves the right to cancel or reschedule delivery, and any additional costs incurred in doing so shall be for the client’s account.

6.3 A responsible and duly authorised person must be present on-site at the scheduled delivery time to receive the goods. The client shall ensure that the delivery site is properly prepared, safe, and accessible on the appointed date. The delivery team shall not be required to wait longer than fifteen (15) minutes after arrival; should the site not be ready or the responsible person not be present, the delivery will be aborted and rescheduled at the client’s expense.

6.4 Ownership of the goods shall pass to the client only upon full payment of the purchase price and completion of delivery at the entry point of the property. Risk of loss, damage, or deterioration in the goods shall transfer to the client immediately upon physical handover at the delivery site, or once the goods leave Makoro’s premises in the case of client collection.

6.5 Makoro shall not be liable for any loss, damage, delay, or additional cost arising from:

• Inadequate or restricted delivery access;
• Incorrect orders placed by the client;
• Failure of the client to ensure preparedness of the site; or
• Improper installation, storage, or handling of the goods following delivery.

6.6 Tanks are sold with a ten-year (10-year) limited warranty covering manufacturing defects only. However septic tanks specifically has a three-year (3-year) limited warranty. An original invoice must be produced for all warranty claims. This warranty expressly excludes re-installation or removal costs, as well as any damage resulting from misuse, mishandling, alteration, or non-compliance with installation guidelines.

6.7 Clients are required to install tanks strictly in accordance with Makoro’s published manufacturer guidelines and technical specifications. Any failure to comply with these instructions shall render the warranty null and void.

6.8 Returns of tanks that are not due to a proven manufacturing defect may, at Makoro’s sole discretion, be accepted, provided that the tank is unused, undamaged, and in resaleable condition. Such returns will attract a handling fee of fifteen percent (15%) of the purchase price, and all transport costs associated with the return shall be borne exclusively by the client.

6.9 Any form of misuse, abuse, negligent handling, unauthorised modification, or application of the tank beyond its intended design parameters shall immediately render the warranty null and void. This includes, without limitation, the following:
(a) using the tank for any liquid, substance, or material not expressly permitted in Makoro’s published product guidelines;
(b) placing the tank under undue mechanical stress, including over-pressurisation, impact force, unsupported installation, or exposure to corrosive environments not suited to the tank’s material composition;
(c) altering, cutting, piercing, heating, painting, or otherwise modifying the structure, fittings, or internal lining of the tank;
(d) allowing third parties to perform unauthorised repairs, adjustments, or interventions;
(e) failing to install, anchor, support, or maintain the tank in accordance with Makoro’s technical specifications, installation notes, and foundation requirements; and
(f) storing or operating the tank in a manner inconsistent with normal industry practice or the recommended environmental conditions.

Makoro reserves the full right, in its sole discretion, to determine whether any defect or damage presented under a warranty claim was caused by misuse or improper application. Where such misuse is found, Makoro shall bear no liability of any nature and shall not be required to replace, repair, refund, or otherwise compensate the client.

7. CERTIFICATE GUARANTEES
7.1 At Makoro, our commitment to quality is boundless. For decades we have invested our expertise, innovation, and dedicated teams of craftsmen and engineers into ensuring that every brick, every tank, and every product bearing the Makoro name meets the highest possible standard. We are proud to deliver products that reflect centuries of skill, heritage, and technical refinement, backed by modern technology and rigorous oversight. Our customers can be assured that when they purchase from Makoro, they are receiving nothing less than our very best.

7.2 Makoro affirms its commitment to quality through adherence to recognised industry standards and certification frameworks. Certificates of compliance, material usage certifications, and similar documents issued by authoritative bodies such as the South African Bureau of Standards (SABS), the Clay Brick Association, or equivalent organisations constitute the formal confirmation of the quality of Makoro’s raw materials and finished products.

7.3 The scope, meaning, and application of such certificates shall be interpreted strictly in accordance with the rules, norms, constitutions, and technical guidelines of the issuing organisation. Clients acknowledge that the authority of such certificates lies not in Makoro’s interpretation, but in the standards and methodologies prescribed by the certifying body.

7.4 For ease of reference and transparency, Makoro may display images or reproductions of relevant certificates within the product-specific sections of its website. These certificates should be read contextually, with due regard to the product to which they relate and the standards against which compliance has been certified.

7.5 Returns will only be considered within 48 (forty-eight) hours of delivery and solely where the goods remain unused, undamaged, and in their original condition. Transport costs for returned goods remain the responsibility of the client.

8. WARRANTIES AND LIABILITY
8.1 General Warranty
Makoro warrants that all goods supplied shall be of merchantable quality, produced in accordance with recognised industry standards, and free from patent manufacturing defects at the point of sale. Bricks are certified to meet and exceed South African Bureau of Standards (SABS) requirements and Makoro is also a member of the Clay Brick Association, further affirming its commitment to quality assurance and compliance.

8.2 Bricks – Specific Conditions
8.2.1 Prices quoted for bricks are valid for thirty (30) days from the date of quotation.
8.2.2 Cross-border orders are subject to minimum load requirements of 12,000 bricks (24 pallets).
8.2.3 Deliveries include all costs to the specified delivery point, provided access is reasonably available. Clients are required to update Makoro promptly of any change in road conditions (e.g., wet, slippery, or otherwise unsafe conditions) and to ensure the delivery zone is clean and accessible for heavy vehicles.
8.2.4 Due to the nature of clay products and the transport process, a breakage tolerance of up to five percent (5%) of the total order shall apply. Claims for breakages within this tolerance will not be entertained.

8.3 Tanks – Specific Conditions
8.3.1 Tanks carry a ten-year (10-year) limited warranty covering manufacturing defects only. Proof of purchase by way of original invoice must be presented for all claims.
However septic tanks specifically has a three-year (3-year) limited warranty.
8.3.2 The warranty excludes re-installation and removal costs, as well as any damage arising from misuse, improper storage, or third-party intervention.
8.3.3 Tanks must be installed strictly in accordance with Makoro’s manufacturer guidelines and technical specifications. Failure to comply will automatically render the warranty null and void.
8.3.4 Returns of tanks not due to proven manufacturing defects may, at Makoro’s sole discretion, be accepted only if the tank remains unused and undamaged. Such returns will attract a handling fee of fifteen percent (15%) of the purchase price, and all associated transport costs will be borne by the client.

8.4 Exclusions of Liability
8.4.1 The warranties set out above do not cover natural wear and tear, fading, or discolouration over time, nor any use of the goods beyond their intended purpose.
8.4.2 To the fullest extent permitted by law, Makoro excludes liability for any indirect, incidental, or consequential damages, including but not limited to project delays, loss of income, damage to third-party property, or penalties incurred by the client or any third party.
8.4.3 Makoro shall not be liable for loss, damage, or additional costs arising from delivery access issues, incorrect orders placed by the client, or improper installation, handling, or storage of the goods.

8.5 Indemnity
Clients agree to indemnify and hold harmless Makoro, its officers, employees, agents, and subcontractors against any claim, cost, or liability arising from the client’s own acts, omissions, or failure to comply with these Terms, including improper handling, unsafe site conditions, or failure to observe installation guidelines.

9. INTELLECTUAL PROPERTY
9.1 All intellectual property rights, including but not limited to trademarks, trade names, logos, branding, product designs, technical drawings, catalogues, marketing materials, photographs, digital content, website text, software, data compilations, and any other proprietary information, whether registered or unregistered, remain the sole and exclusive property of Makoro Brick Gauteng (Pty) Ltd and its associated entities.

9.2 No client, agent, reseller, or third party shall be entitled to copy, reproduce, adapt, translate, distribute, transmit, display, publish, or otherwise exploit any of Makoro’s intellectual property, whether in whole or in part, without the express prior written consent of Makoro.

9.3 Any unauthorised use, imitation, or infringement of Makoro’s intellectual property may result in civil or criminal liability, and Makoro expressly reserves all rights to seek injunctive relief, damages, or any other remedy available under applicable law.

9.4 Nothing in these Terms shall be construed as granting, whether by implication, estoppel, or otherwise, any licence or right to use Makoro’s intellectual property without prior written authorisation.

9.5 Notwithstanding the above, the Technical Information section of Makoro’s website is intended to serve an educational and industry-supporting purpose. While the intellectual property rights in such content remain vested in Makoro, the company actively encourages its consultation, internalisation, and reference by architects, builders, students, and other stakeholders seeking to better understand the industry, plan projects, or make informed purchasing decisions. Such use must, however, remain consistent with the intended informative and educational character of the content, and may not extend to commercial reproduction or misrepresentation.

10. FORCE MAJEURE
10.1 Makoro will not be held liable for failure to fulfil any obligation under this Agreement where such failure is caused by events beyond its reasonable control, including but not limited to acts of God, government restrictions, industrial strikes, transport interruptions, natural disasters, or political unrest.

10.2 In such events, Makoro shall be entitled to suspend or cancel the agreement in whole or in part without incurring liability.

11. DISPUTES, GOVERNING LAW AND RELATED MATTER
11.1 Makoro retains the right to amend these Terms at any time without prior notice. The most current version will be published on our website or available upon request.

11.2 Any abusive, fraudulent, unlawful, misleading, defamatory, harassing, or otherwise disruptive conduct by the client, whether directed at Makoro’s staff, systems, digital platforms, vehicles, or other clients, shall entitle Makoro, in its sole discretion, to suspend, restrict, or permanently blacklist the client’s account and to refuse further business dealings. Makoro further reserves the right to report such conduct to the relevant authorities, to claim damages, and to pursue any other remedies available under applicable law.

11.3 These Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa.

11.4 Any disputes arising out of or in connection with this Agreement shall first be addressed through good-faith negotiation between the parties, with a genuine commitment to restorative dialogue and problem-solving. Should such direct negotiation not result in resolution, the parties agree to explore appropriate alternative dispute resolution mechanisms, including but not limited to mediation or arbitration, facilitated by a neutral third party agreed upon by both sides. These mechanisms are intended to provide a fair, efficient, and less adversarial process for resolving disagreements. Only where such processes have been exhausted or are deemed unsuitable may either party refer the matter to the High Court of South Africa, Gauteng Division, Pretoria, or any other court of competent jurisdiction.

11.5 The client’s address provided at the time of quotation or checkout shall be regarded as their domicilium citandi et executandi for all legal and delivery-related purposes.

12. CONCLUSIONARY REMARKS
Makoro Brick Gauteng is proud to contribute to South Africa’s growth by supplying products that meet the highest standards of performance and reliability. We view every client as a valued partner and remain committed to supporting your projects with dependable products, timely delivery, and practical expertise. With strong roots in the Makoro Group’s heritage and a clear focus on serving the South African market, our promise is simple: to deliver consistency, excellence, and service you can rely on.

For any questions regarding these Terms, or for assistance with your order, please contact our Customer Relations team at sales@makorobrickgauteng.co.za or visit our depot at Plot 101, Sefako Makgatho Road, Derdepoort, Pretoria, 0186.