Terms and Conditions of Sale

Last updated: 22 October 2026

1. These terms

1.1 These are our Terms and Conditions of Sale (“Terms”). They apply to every sale of goods by Counterweight Trading cc t/a REFYRE (“we”, “us”, “our”) to you.

1.2 They replace all earlier terms, including our previous Refund and Returns Policy, and they apply instead of any terms or conditions printed on or attached to a purchase order, order form or other document you send us, unless we have agreed otherwise in a written document signed by us. Quoting your order number, acknowledging your order or dispatching the goods is not agreement to your terms.

1.3 If you are a Consumer (see section 2) the Consumer Protection Act 68 of 2008 (“CPA”) and the Electronic Communications and Transactions Act 25 of 2002 (“ECTA”) apply to you. Nothing in these Terms takes away or reduces those rights. If any term is unenforceable against you as a Consumer it will not apply to you, and the rest of these Terms still will.

1.4 Delivery dates and lead times we give are estimates. Section 6 explains why.

2. Consumer or Business Customer

2.1 You are a Consumer if you buy from us for personal or household use, or for a purpose unrelated to your business or trade.

2.2 You are a Business Customer if you buy goods for resale or for use in a trade, business, building project or other commercial activity, or if you are a company, close corporation, trust, partnership or other juristic person whose asset value or annual turnover is R2 million or more at the time of the sale.

2.3 A few sections apply differently to Consumers and Business Customers — returns (8), warranty (10) and liability (11). That is not us being difficult: the law gives Consumers rights that cannot be excluded, and these Terms do not try to.

3. Quotations, prices and validity

3.1 Website prices are shown including VAT. Written quotations and invoices may show amounts excluding VAT, with VAT added and stated separately.

3.2 We may change website prices at any time without notice. The price that applies is the price in your written order confirmation, or at checkout.

3.3 A written quotation is valid for 30 days from its date unless the quotation says otherwise, and it is subject to stock being available at the time you pay (see 5).

3.4 Amounts are in South African Rand. Delivery charges are shown separately on the quotation or at checkout.

3.5 Where the cost of goods to us changes materially before you pay — for example on imported, manufactured-to-order or special-order items — we may withdraw or re-quote the price before we accept your order. If we cannot supply at the price you have already paid, we will refund you in full.

3.6 We may correct pricing errors before dispatch (errors and omissions excepted). If a corrected price is not acceptable to you, you may cancel the affected items and we will refund what you paid for them.

4. Orders and acceptance

4.1 An order is accepted when we confirm it in writing (email) or when we dispatch the goods, whichever happens first.

4.2 We may decline an order or part of an order.

4.3 Placing an order, or receiving a quotation, does not reserve stock.

4.4 Please check your order confirmation. Tell us within 2 business days if anything is incorrect — product, thickness, quantity, or delivery address. Once goods are dispatched, corrections may not be possible.

5. Stock, prior orders and backorders

5.1 Stock is allocated when payment clears, not when you request a quotation or place an order. Goods are sold first-paid, first-served.

5.2 Because stock moves, an item that was in stock when we quoted may be sold out by the time payment reaches us. That is a normal risk of timing, not a breach by us.

5.3 If we cannot dispatch within the lead times in section 6 because of stock, we will tell you, give you a new estimated dispatch date, and you may either wait or cancel the affected items for a full refund of what you paid for them.

5.4 Manufactured-to-order, imported and special-order goods carry longer lead times, confirmed in writing before you pay.

5.5 We may suspend or cancel an order where there is an error in price, stock or specification, or where an order appears to us to be incorrect or unauthorised. If we cancel, we refund what you paid for the cancelled items and that is the full extent of our liability.

6. Lead times — estimates, not guarantees

6.1 Dispatch lead time. Your order is dispatched within 2 to 4 business days after payment clears in our bank account.

6.2 Delivery lead time. After dispatch, the courier usually delivers within 1 to 3 business days, depending on the destination. Outlying areas can take longer.

6.3 The time from payment to delivery is therefore an estimate made up of those two windows. The dispatch window is under our control. The courier’s transit time is not, and neither is stock availability at the moment you pay.

6.4 Delays caused by the courier, extreme weather, load-shedding, strikes, road closures, civil unrest, or delivery details that are wrong, incomplete or inaccessible do not make us liable for a missed date. The carrier’s own terms and conditions govern the carriage itself.

6.5 Business days exclude weekends and public holidays.

6.6 We keep you informed: we tell you when your order is dispatched and we share the tracking details.

6.7 Any date we give you is an estimate. We do not accept a “delivery date” or “required by” date entered onto a purchase order as a deadline we have agreed to, and we are not liable for late delivery, delay costs, penalties, standing time or consequential loss where delivery is later than estimated.

7. Payment

7.1 Unless we have agreed credit terms with you in writing and signed by us, full payment must be received and cleared in our bank account before we dispatch.

7.2 Payment is by EFT into the account shown on our quotation or proforma invoice, using the quotation or invoice number as your reference. We do not accept cash or cheque deposits. Please confirm payment by email with proof of payment.

7.3 Funds clear when they reflect in our bank account, not when you send proof of payment. Time spent waiting for funds to clear is added to the dispatch lead time and does not count towards it.

7.4 If we have agreed credit terms with you in writing, payment is due as stated in that agreement. If you do not pay on time we may suspend further deliveries, cancel outstanding orders and charge interest on overdue amounts at the rate allowed by the Prescribed Rate of Interest Act.

7.5 We may set off any amount you owe us against any amount we owe you.

8. Delivery, risk and inspection

8.1 We deliver to the address you give us. Delivery is kerbside at the delivery vehicle. The goods are not carried inside buildings, up stairs, or beyond the vehicle. Offloading is your responsibility unless we agree otherwise in writing.

8.2 Someone authorised by you must be available to receive and sign for the goods. If nobody is available, or the address is inaccessible, the courier may return the load; a second delivery may be charged.

8.3 Risk in the goods passes to you when the goods are offloaded at the delivery address and signed for. For Consumer sales, risk remains with us until the goods come into your physical possession.

8.4 Inspect before you sign. Where you can, check the consignment — box and pallet condition, the count, any leakage — while the courier is still there, before you sign the waybill. If the courier will not wait, sign the waybill as “not inspected” and check the goods immediately.

8.4.1 If it is visibly damaged, refuse it. If a box is crushed, punctured, split, wet, marked by a tyre or a forklift, or you can see or hear broken or leaking contents, do not accept that item. Refuse the damaged items — the whole consignment if the damage affects the load — tell the courier you are refusing them for damage, and make sure the waybill records it. Photograph the packaging, the damage and the waybill before the courier leaves, and tell us the same day. We would far rather replace a damaged item than argue about it: a waybill that records the damage is what lets us recover the cost from the carrier instead of disputing it with them.

8.4.2 Concealed damage. Nothing in this section requires you to see what cannot be seen. If damage only becomes apparent when you unpack the goods, tell us in writing within 48 hours of delivery with photographs, and we deal with it exactly as we would damage noted at the door.

8.4.3 Damaged or leaking cement, mortar and castables. Do not use the material and do not try to decant or re-bag it. Keep the damaged bucket or bag as it arrived, contain any spill, photograph everything, and tell us the same day. We replace damaged cement immediately.

8.4.4 If you have accepted a visibly damaged delivery. Tell us in writing within 48 hours, with photographs and a copy of the waybill. We will still replace the affected goods, but where the damage was not noted on the waybill our recovery against the carrier becomes a dispute rather than a formality, so replacement may take longer and we may ask you to help with the claim. Please keep the packaging and the affected goods available for inspection.

8.4.5 Where we already know the consignment was damaged. If we tell you that a consignment was damaged in transit and a replacement is already on its way, please refuse the damaged delivery if the courier still presents it, and tell the courier it is refused for damage.

8.5 Claims for damage or shortage that are not noted at delivery must reach us in writing within 3 days, with photographs. After that we are entitled to treat the goods as delivered in full and in good order — but that does not affect your rights in respect of goods that are faulty, or that were damaged in a way you could not reasonably have seen when they arrived.

8.6 Nothing in 8.4 or 8.5 limits a Consumer’s rights under section 19 of the CPA, or the six-month implied warranty of quality in 10.2.

8.7 If you ask a third party (a builder, installer, neighbour or colleague) to accept delivery on your behalf, delivery to that person is delivery to you, except where the CPA provides otherwise.

9. Returns, refunds and cancellations

Consumers

9.1 Cooling-off on online orders. If you are a Consumer and you bought online, you may cancel the transaction without reason and without penalty within 7 days after you received the goods. We will refund the price you paid for the goods within 30 days of cancellation. The original delivery charge is not refunded: it pays for a carriage service that has already been performed, and a change of mind does not undo it. The direct cost of returning the goods to us is for your account, and the goods are returned at your own risk — see 9.1.1. Where the goods were delivered by freight on a pallet, returning them is a significant cost in itself; get quotes and decide before you commit to the return.

9.1.1 You arrange the return, at your own risk. Where goods are returned because they were ordered incorrectly or are no longer wanted, you must arrange and pay for the return yourself. We do not offer to collect returns and we do not arrange carriage on your behalf: once the goods have been in your possession we have no control over how they are packed for the journey, and we are not willing to take on the risk of a load repacked by someone else. Pack them so they cannot be damaged in transit — carrier them back on a pallet if that is how they arrived — use a tracked service appropriate to the weight and value, and keep the waybill. You remain responsible for the goods, and for damage to them in transit, until they are in our possession. Goods that arrive damaged because they were inadequately packed may be refused, or the refund reduced by the cost of the damage.

9.1.2 9.1.1 does not apply to faulty or damaged goods. 9.1.1 applies only to goods returned because they were ordered incorrectly or are no longer wanted. If the goods are faulty or defective, or were damaged in transit to you, we bear the cost of getting them back: tell us first, and we will either refund your reasonable return carriage against proof of the courier cost, or arrange the collection ourselves. See 9.2 and 10.2.

9.2 Your rights under the CPA (section 20). These rights are in addition to 9.1. Where you did not have an opportunity to examine the goods before they were delivered to you, you may examine them when they arrive, and if they do not reasonably conform to their description, or (for a special order) to the material specifications of that order, you may reject them and receive a full refund. Where you told us the goods were for a particular purpose and they turn out to be unsuitable for it, you may return them and receive a full refund. In either case, tell us within 10 business days of delivery, and the goods are returned at our risk and expense — we do not charge a handling fee, and we do not charge you for return carriage on these grounds.

9.2.1 If the goods are returned to us in their original unopened packaging, we may not charge you anything for them. If the goods are returned in their original condition but repackaged, or in any other case, we may charge a reasonable amount for use, depletion, or the cost of restoring them to a re-stockable condition — but not where it was necessary for you to open or destroy the packaging to examine the goods.

9.2.2 Where goods have, after delivery, been installed, mortared, affixed, joined to, mixed with, blended into or built into other property — as fire bricks and refractory cements ordinarily are — the CPA’s return-and-refund right under section 20 does not apply to them. That does not affect your rights in respect of goods that are genuinely defective: the six-month implied warranty of quality in 10.2 applies to installed goods just as it does to uninstalled goods.

9.3 Faulty goods. See section 10.

9.4 Change of mind, outside your statutory rights. We may, at our discretion, accept a return of unused goods in their original, undamaged packaging. Return carriage is for your account and you arrange it yourself (see 9.1.1), and we may deduct a reasonable handling charge to cover the direct costs we incur in bank charges, re-checking and re-stocking the goods, capped at 15% of the value of the returned goods. We do not charge any handling fee where the law gives you a right to a refund, or where the goods were faulty or incorrectly supplied. The delivery charge you paid on the original order is not refunded on a return made under this paragraph.

Business Customers

9.5 Returns are at our discretion and must be agreed in writing before the goods come back. Goods must be unused, undamaged and in their original packaging. Return carriage and the risk of the goods in transit are for your account, and you arrange and pay for the return yourself — we do not collect returns or arrange carriage. The delivery charge on the original order is not refunded, and the consumer cooling-off right in 9.1 does not apply to Business Customers.

9.6 A handling charge may apply, capped at 15% of the value of the returned goods, to cover the direct costs of re-checking, re-stocking and bank charges. Goods manufactured or ordered in specially, cut items and clearance or offcut stock are not returnable.

9.7 If an order is cancelled after we have incurred costs — special orders, custom manufacture, dispatch already arranged, or carriage already booked and paid or committed to the carrier — we may recover those direct costs from you, capped at the value of the order.

Both

9.8 We cannot accept the return of: refractory cement, castables, mortar and other cementitious products that have been opened, mixed, partly used or stored in damp conditions; goods that have been installed, cut, altered or damaged after delivery; and clearance, seconds and offcut stock. This does not affect a Consumer’s rights in respect of goods that are faulty when delivered.

9.9 Refunds are made by EFT to the original payer within 7 business days of the return being approved, or within 30 days where section 9.1 applies.

9.10 Where goods are returned to us, please contact us first. Do not send goods back without a return reference.

10. Warranty

10.1 What we warrant — Business Customers. We warrant that the goods will be free from manufacturing defects at the time of delivery and will conform to the specification published on our product page and data sheet, for 3 months from the date of delivery.

10.2 What we warrant — Consumers. Sections 55 and 56 of the CPA apply and cannot be excluded. Within 6 months after delivery, if the goods fail to meet the standards in section 55, you may return them — at our risk and expense and without penalty — and you may choose whether we repair them, replace them, or refund the price you paid. If we repair goods and the same or a further defect appears within 3 months of that repair, you may choose a replacement or a refund. Nothing in these Terms reduces those rights.

10.3 Our remedy — Business Customers. For a valid warranty claim, our obligation is, at our option, to replace the affected goods or to credit or refund the price paid for the affected goods. That is the full extent of our obligation on a warranty claim.

10.4 Our remedy — Consumers. As section 10.2 requires, at your election.

10.5 The warranty does not cover failure or damage caused by or arising from:

• installation, bedding, bonding or fixing with the wrong material, including ordinary building mortar or cement where a refractory mortar or cement is specified;
• no expansion allowance, or expansion joints that are inadequate or missing;
• rapid or uncontrolled heat-up, thermal shock, or quenching;
• operation above the published service temperature, or a fuel, atmosphere, load or application outside the published specification;
• abrasion, impact, chemical attack, ash, slag or alkali attack;
• incorrect mixing, gauging, water addition, curing or drying of cementitious products;
• storage in damp conditions, or use of cementitious products after their shelf life;
• alterations, repairs or installation by anyone other than a competent person using our published instructions; or
• normal wear and tear, colour variation between production batches, nominal dimensional tolerance, and minor edge chipping (which is normal for this material and can be patched with mortar on installation).

10.6 How to claim. Notify us in writing within the warranty period, quoting your order number, the product and the quantity affected, with photographs. Report visible defects before the goods are installed, mixed or used — we cannot properly assess a claim on goods that have already been built in. Keep the affected goods available for our inspection, or return them to us at the address we give you. We bear our own assessment costs. If a claim turns out not to be covered, we will tell you why in writing.

10.7 Goods sold as clearance, seconds, offcuts or “as is” carry no warranty beyond what the law requires.

10.8 Subject to section 12, we give no warranty that the goods are suitable for any particular application, unless you told us that application, the operating conditions and the installation method in writing and we confirmed suitability in writing.

11. Liability

11.1 Business Customers. Our total liability arising from any sale, whether in contract, delict or otherwise, is limited to the invoice value of the affected goods, excluding delivery charges. Our remedy on a quality or defect claim is limited to replacement, credit or refund of the affected goods as set out in 10.3.

11.2 Business Customers. To the fullest extent permitted by law, we are not liable for any indirect or consequential loss, loss of profit or revenue, loss of use or production, loss of contract or opportunity, delay costs, penalties or liquidated damages, or the cost of labour, installation, removal, refitting, rebuilding, making good, or damage to your works or the works of others.

11.3 Consumers. We do not exclude or limit your rights under the CPA, the ECTA or any other law that cannot be excluded.

11.4 Nothing in these Terms limits liability for fraud, wilful misconduct or gross negligence.

11.5 We are not liable for loss arising from your incorrect ordering, your quantity calculations (our calculators, and “1m² = 40 fire bricks”, are guides only), incorrect installation, site conditions, or use of the goods outside their published specification.

11.6 Where the goods are used in or incorporated into a structure, firebox, oven, kiln, braai or other fixture, our liability is limited to the goods themselves. We are not responsible for dismantling, rebuilding, refitting, replacement of other materials, or for the cost of any tradesman or contractor.

12. Suitability, specification and installation

12.1 Goods are supplied to the specification published on our product page and data sheet. Technical values published by the manufacturer are typical values of the samples tested and are not guaranteed minimums or maximums for every unit.

12.2 Where suitability for a particular application matters to you — a commercial oven, a kiln, a forge, a furnace, a specific fuel, a particular operating temperature, an insulated or exposed installation — tell us the application, the operating temperature, the fuel and the installation method in writing, and ask us to confirm suitability in writing before you order. If you do not, you are responsible for satisfying yourself that the goods are suitable for your purpose.

12.3 Refractory products must be installed and operated in accordance with our data sheets and installation guidance: the correct refractory mortar or cement (not ordinary building mortar), the correct expansion allowance, a controlled drying and heat-up schedule, and operation within the published service temperature. Installation and first firing are the most common causes of problems with refractory products.

12.4 Where you specify the product — including by giving us a product code, a thickness, a dimension or a temperature rating on your order — you are responsible for that specification, and we supply to it.

12.5 Product notes that form part of the specification: the shade and colour of fire bricks vary naturally between production batches; dimensions are nominal and subject to normal manufacturing tolerance; minor edge chipping is common in the material and can be patched with mortar during installation; weights are approximate; the number of bricks per square metre depends on the bond and layout.

12.6 Quantities: it is your responsibility to order enough material, including for cutting, breakage and wastage. If you are unsure, ask us before you order.

13. Ownership

13.1 Ownership of the goods passes to you on full payment and delivery. Because we do not dispatch before payment has cleared, ownership and risk ordinarily pass together.

14. Cancellation by us

14.1 If goods become unavailable, or if we cannot supply them at the agreed price, we may cancel the affected items. We will refund what you paid for those items, and that refund is our only liability for the cancellation.

14.2 We may cancel an order, or suspend delivery, if payment is not received or not cleared, or if we reasonably suspect the order or the payment is fraudulent or unauthorised.

15. Force majeure

15.1 Neither party is liable for failure to perform caused by events beyond its reasonable control, including load-shedding or power failure, strikes, lockouts, riots, civil unrest, floods, fire, drought, road or port closures, government action, war, supplier or manufacturer failure, and shortage or non-delivery of stock by our suppliers.

15.2 The affected party will notify the other in writing. If the event continues for more than 30 days, either party may cancel the affected order, and we will refund amounts paid for goods not delivered.

16. General

16.1 If any part of these Terms is found to be unenforceable, it will be severed and the rest of these Terms will continue to apply.

16.2 These Terms, together with your order confirmation, are the whole agreement between us about the sale of those goods, and replace anything said or written before that, including anything said on the phone.

16.3 Only a written document signed by us can change these Terms. Our staff cannot agree different terms verbally, including on lead times, delivery dates, credit, returns or warranties.

16.4 No leniency or indulgence we show you is a waiver of our rights.

16.5 Notices to us must go to hello@refyre.co.za and to our address below. Notices to you go to the email address or delivery address on your order, and are treated as received on the next business day after sending.

16.6 South African law governs these Terms. Consumers may approach the National Consumer Commission or the Consumer Goods and Services Ombud. Business Customers agree that the courts of South Africa have jurisdiction, and consent to the jurisdiction of the Magistrate’s Court having jurisdiction over them, notwithstanding the amount involved.

17. Our details

Counterweight Trading cc t/a REFYRE
Registration number: 1994/016968/23
VAT number: 4090143803
Location: Germiston, Gauteng. We are an online-only business — there is no walk-in store, and we do not accept collections or drop-offs.
Postal address: PostNet Suite 367, Private Bag X10020, Edenvale 1610
Email: hello@refyre.co.za
Website: refyre.co.za
Membership of any code of conduct or accreditation: none. We subscribe to no industry code of conduct.

These Terms are written to be read. If you are unsure how any part applies to your order, ask us before you pay — hello@refyre.co.za.