Terms of Service.

1. Definitions

• “Supplier”, “we”, “us”, “our” means Jbay Hout en Ys (Pty) Ltd.
• “Customer”, “you”, “your” means the business entity placing an order with us.
• “Products” means industrial ice and related cold-chain goods supplied by us.
• “Order” means a request you submit through any channel (portal, phone, email, in person).
• “Site” means the manufacturing premises in Port Elizabeth and the depot in Jeffreys Bay.

2. Identity of the supplier

• Registered name: Jbay Hout en Ys (Pty) Ltd
• Trading as: The Man Cave
• Company registration: 2021/318092/07
• VAT number: —
• Address: Port Elizabeth (Gqeberha), South Africa
• Contact: lew@themancave.africa

3. Application of these terms

These terms apply between The Man Cave and every Customer. By placing an Order or using the customer portal you accept them. Where you have signed a separate written supply agreement with us, that agreement prevails to the extent of any conflict.

These terms are B2B. Where you are also a consumer for purposes of the Consumer Protection Act, 68 of 2008 (“CPA”), nothing in these terms limits any non-excludable right you have under the CPA.

4. Account opening

To trade with us we may require company registration documents, VAT registration, contact details for authorised persons, and proof of delivery address. Account opening is at our discretion. We may decline or close accounts where credit, legal, or reputational concerns arise.

5. Orders and contract formation

• Orders may be placed via the customer portal, by email, by phone, or in person. Every Order is an offer to buy.
• A binding contract is formed only once we confirm the Order — either through portal status change, an order confirmation email, or by commencing delivery, whichever happens first.
• We may refuse any Order at our discretion, including for stock, credit, or operational reasons. Where we refuse a paid Order, the payment is refunded in full.
• Standing/recurring orders generated automatically from a template are deemed accepted once issued, subject to your right to cancel any single occurrence with 24 hours' notice.

6. Pricing and quotations

• Prices are in South African Rand (ZAR) and exclude VAT unless otherwise stated.
• Quotations are valid for the period stated on the quotation (default 30 days). Quotations are not tax invoices and prices are not honoured beyond their validity.
• Where a price list is assigned to your account, those prices apply to your Orders. We may adjust prices on 14 days' notice. Existing standing orders honour the prevailing price at the time of each delivery.
• We reserve the right to correct manifest errors in pricing before delivery.

7. Payment

• Default payment terms are cash-on-delivery unless we have approved credit terms in writing.
• Approved credit terms are stated on your tax invoices. Invoices are due by the date shown.
• Overdue accounts attract interest at the prime overdraft rate published by Standard Bank of South Africa plus 2%, calculated daily from the due date until payment is received.
• Where an account is overdue, we may suspend further supply, refer the account to attorneys for collection at your cost, and report the default to credit bureaux.
• You may not set off any amount we owe you against amounts you owe us without our written agreement.

8. Delivery

• We deliver within agreed routes and time windows. Delivery slots are best efforts; we are not liable for minor delays caused by traffic, weather, or operational scheduling.
• Risk in the Product passes to you on delivery to your nominated address and acceptance by your representative (or, where there is no representative on site, on us reasonably attempting delivery during the agreed window).
• Title in the Product passes to you only when you have paid in full for that Product and all other amounts owing on your account.
• You must inspect the Product on delivery. Visible damage or shortage must be marked on the delivery slip and reported to us within 24 hours, failing which the Product is deemed accepted.
• Where you collect from one of our Sites, risk passes when the Product leaves our cold storage.

9. Quality, SANS 1853 compliance, and returns

• We manufacture industrial ice for human consumption to SANS 1853. Current certificates are published at themancave.africa/compliance.
• If a Product does not meet specification on delivery, we will replace it or issue a credit note at our election, provided the defect is reported in writing within 24 hours and the Product is preserved for our inspection.
• We are not liable for Product that has been mishandled, stored above −2°C, or contaminated after delivery.
• Ice is perishable: we do not accept returns for change of mind, over-ordering, or operational changes on your side, except where law requires otherwise.

10. Force majeure

Neither party is liable for failure to perform caused by events beyond reasonable control, including: load shedding above stage 6, breakdown of the manufacturing plant despite reasonable maintenance, strikes, civil unrest, natural disaster, declared emergency, or supply-chain failure of an essential input. We will keep you informed and resume supply as soon as practicable.

11. Liability

• Our total liability to you under or in connection with any Order is capped at the price actually paid by you for the affected Product in the 30 days preceding the claim.
• We are not liable for any indirect, consequential, incidental, special, or punitive loss, including loss of profits, loss of revenue, business interruption, loss of goodwill, or loss of opportunity.
• Nothing in these terms excludes liability that may not be excluded under South African law, including liability for fraud, wilful misconduct, gross negligence, or non-excludable obligations under the CPA.

12. Confidentiality

Each party will keep confidential any non-public information disclosed by the other party in the course of the supply relationship and use it only for the purposes of performing this contract. This clause survives termination.

13. Data protection

We process personal information about you and your representatives in accordance with our Privacy Policy, which forms part of these terms.

14. Intellectual property

All rights in our brand, website, customer portal, and supply systems remain ours. You receive a non-exclusive, non-transferable, revocable licence to use the portal solely for the purposes of trading with us. You may not copy, reverse-engineer, scrape, or attempt to access portions of the portal you are not authorised to use.

15. Suspension and termination

• We may suspend supply and/or portal access immediately if you are in material breach of these terms, including non-payment, abuse of the portal, or fraudulent activity.
• Either party may terminate the trading relationship on 30 days' written notice. Termination does not affect rights or liabilities that have accrued before termination.
• On termination, all outstanding amounts become immediately payable and the licence to use the portal ends.

16. Notices

Notices to us must be sent in writing to lew@themancave.africa or to Jbay Hout en Ys (Pty) Ltd at Port Elizabeth (Gqeberha), South Africa. Notices to you may be sent to the email or address most recently provided by you. Email notices are deemed delivered when our outbound mail server records successful delivery.

17. Changes to these terms

We may amend these terms by posting an updated version here and, where the change is material, notifying active customers by email. The version in force when you place an Order applies to that Order.

18. Governing law and jurisdiction

These terms are governed by the laws of the Republic of South Africa. The parties consent to the non-exclusive jurisdiction of the Magistrates' Court for the district where our registered office is located, irrespective of any greater jurisdictional limits otherwise applicable.

19. Whole agreement

These terms, together with the Privacy Policy and any pricing schedule signed by us, are the whole agreement between us. Variations are valid only if in writing and signed by an authorised representative of each party.

20. Contact

Questions about these terms? Write to lew@themancave.africa or to Jbay Hout en Ys (Pty) Ltd at Port Elizabeth (Gqeberha), South Africa.