Our webshop stocks products from various suppliers. Each supplier has it’s own set of terms and conditions that we have to adhere to. When you accept our webshop terms, you accept the terms as indicated for each product’s supplier.
Our suppliers are:
“Syntech” used herein shall mean: Syntech Trading CC registration number 2002/035613/23 and/or any of its branches, franchises, associated entities, successors in title or assigns to whom this application is submitted.
“Customer” used herein shall mean the Applicant as set out in the application.
1 . These terms and conditions:-
(a) represent the entire Syntech trading conditions and no alterations or additions may be effected unless agreed to by both parties, reduced to writing and signed by the Customer and a duly authorized representative of Syntech
(b) will govern all future contractual sales relationships between the parties whereby the Customer purchases goods or services from Syntech;
(c) are applicable to all existing debts between the parties;
(d) are final and binding and are not subject to an suspensive or dissolutive condition;
(e) expressly exclude any conflicting conditions stipulated by the Customer;
(f) supersede all previous conditions without prejudice to any securities or guarantees held by Syntech and
(g) apply to all servants, agents and subcontractors of Syntech.
2. The Customer hereby acknowledges that he/she has read and understood each term of this agreement and accepts them as binding and acknowledges that the content reflects the true meaning of both parties and that this agreement has been entered into for the benefit of both the Customer and Syntech.
3.1. The Customer agrees that neither Syntech nor any of its employees will be liable for any negligent or innocent misrepresentations made to the Customer nor shall the Customer be entitled to resile from any contract on those grounds.
3.2. It is the sole responsibility of the Customer to determine that the goods or services ordered are suitable for the purpose of intended use.
4. All quotes will remain valid for a period of 24 hours from the date of the quote or until the date of issue of a new price, whichever occurs first. The validity of any price is subject to availability and to any increases in the cost price, including currency fluctuations, of Syntech before dispatch of goods.
4.1. The Customer hereby confirms that the goods and services on the Tax invoice issued duly represent the goods and services ordered by the Customer at the prices agreed to by the Customer and where performance / delivery has already taken place that the services and goods were inspected and that the Customer is satisfied that these conform in all respects to the quality and quantity ordered and are free from any visible defects.
4.2. Any delivery note or waybill or job card (copy or original) signed by the Customer or a third party engaged to transport the goods and held by Syntech shall be prima facie proof that delivery was made to the Customer and are in accordance with the quality and quantity reflected thereon.
4.3. All orders and variations to orders are subject to these terms and conditions. Only written orders and variations to orders will be accepted by Syntech. This notwithstanding, Syntech may, at its sole discretion, elect to accept and act upon telephonic orders and any variations to orders. Syntech however reserves the right to refuse delivery or collection of any order until placed in possession of a written order form.
4.4. Syntech shall be entitled to split the delivery of goods ordered in the quantities and on the dates it decides with the prior consent of the Customer, which consent shall not be unreasonably withheld.
4.5. Syntech shall be entitled to invoice and deliver each order separately.
4.6. The risk of damage to or destruction of goods is passed to the Customer on signature of the delivery receipt upon delivery to the Customer or the Customer’s nominated representative and the Customer undertakes to insure the goods fully, until paid for in full.
4.7. In the case of repairs undertaken by Syntech, repair times given are merely estimates and are not binding on Syntech; time is not of the essence of this agreement unless expressly agreed upon in writing by Syntech. Syntech shall not be liable for any loss or damage of whatsoever nature which the Customer may suffer as a result of any unforeseen costs and/or delayed repairs.
4.8. Syntech is hereby authorized to engage a third party on its behalf and on the terms deemed fit by Syntech to transport all goods purchased.
4.9. If the Customer chooses to engage in its own third party to transport the goods, the Customer indemnifies Syntech against any claims of whatsoever nature that may arise from such an agreement.
4.10. Delivery, installation, commencement and performance times given are merely estimates and are not binding on Syntech. Syntech warrants that it will use its best endeavor’s to meet such delivery times; time is not of the essence of this agreement unless expressly agreed upon in writing by Syntech. Syntech shall not be liable for any loss or damage of whatsoever nature which the Customer may suffer as a result of any incorrect or delayed delivery, tampering of installation, commencement or performance.
4.11. All goods invoiced out for evaluation, approval or on a demonstration basis by the Customer are deemed sold if not returned within 5 working days of issue.
4.12. All goods taken on consignment are deemed sold within 5 working days of issue.
4.13. The Customer acknowledges all copyrights and shall not duplicate copyrighted material and that each attempt will immediately render the full prevailing price payable to Syntech.
5. New goods are protected according to the manufacturer’s product specific warranties only and all other guarantees and warranties including common law guarantees are hereby specifically excluded. Services carry no guarantee.
5.1. Liability under clause 5 is restricted to the cost of repair or replacement of faulty goods or services or granting of a credit at the sole discretion of Syntech.
5.2. No returns will be accepted without an RMA number. Return Material Authorization (RMA) request form to be submitted online prior to returning any items for any reason. Please complete RMA application online on our website syntech.kri8it.co.za. This number must be used as a reference for all matters relating. Our technical department will issue you with an RMA number which authorizes you to return one item per every RMA number. A full fault description must be completed to enable technical department to test and verify fault.
5.3. All defective merchandise returned to Syntech must be returned with all cables, power supplies, documentation etc.
5.4. Syntech is not responsible for the cost of returning any products to Syntech offices. For your protection, please insure the package and ship via a traceable method. Syntech is not responsible for lost or damaged packages.
5.5. If any of the above conditions are not met, Syntech reserves the right either to refuse the return, or to charge a restock fee of not less than 15%.
5.6. Acceptance of Products: Syntech shall conduct incoming acceptance inspection as soon as possible on
receipt of products.
5.7. Warranty: Syntech’s sole obligation is to repair or replace the defective product. There is no warranty for
uninterrupted or error-free operation. There is no warranty for loss of data. We recommend that you regularly back up the data stored on your product to a separate storage product. There is no warranty for product with removed or altered identification labels and/or serial numbers. Even accidental removal and re-attachment of the bar code sticker will void the warranty, as it will no longer be possible to verify exactly when that individual item was purchased. This clause shall not be used to imply that Syntech shall be obliged to accept the return of any goods.The warranty is contingent upon the proper use in the application for which the product was intended, and does not cover product which has been modified in any manner, and /or has been subjected to physical damage, abuse, misuse, alteration, neglect, tampering, improper maintenance, or has been serviced, repaired, installed by unauthorized personnel.
5.8. Data Recovery is not covered under the warranty and is not part of the warranty process. Syntech’s technical department offers a standard data recovery service. Price will be quoted on request.
5.9. Products for Exchange or Credit: Product purchased directly from Syntech may be returned for exchange, excluding any shipping charges, within 7 days from invoice date. All merchandise returned to Syntech must be shipped in the original sealed packaging, same condition as sold, with all cables, power supplies, documentation, etc. A credit will be issued at the sole discretion of Syntech and is dependent on the condition of the items returned. A handling fee of 10% will be charged for any returns after 7 days from date of invoice, and Syntech reserves the right not to credit or exchange any items returned after 14 days from date of invoice. Goods not returned in a perfect condition, in original packaging with all accessories and manuals intact will be deemed sold. Even accidental removal and re-attachment of the bar code sticker will void the warranty, as it will no longer be possible to verify exactly when that individual item was purchased. This clause shall not be used to imply that Syntech shall be obliged to accept the return of any goods.
5.10. Products for exchange exclude any “Special Request Items“ which cannot be returned under any circumstances, unless faulty.
5.11. If items are credited, it will be at the lesser value between selling price and current market price, and in addition, handling fees specified in point 9 above will apply.
5.12. Syntech will request copies of original invoice documents when a product is older than 24 months. Products will not be tested, repaired or replaced until such documentation has been received.
5.13. The customer hereby agrees that any item handed in for repair may be sold by Syntech to defray the cost of such repairs if the item remains uncollected within 30 days of the repairs being completed.
6. No claim under these terms and conditions will arise unless the Customer has, within 7 days of the alleged breach or defect occurring, given Syntech 30 days written notice by prepaid registered post to rectify any defect or breach of contract.
7. The Customer agrees to pay the amount on the Tax invoice at the offices of Syntech
(a) cash on demand; or
(b) if the Customer is a Credit Approved Customer, within the terms as reflected on invoice and/or statement issued by Syntech.
8. The Customer has no right to withhold payment for any reason whatsoever and agrees that no extension of payment of any nature will be extended to the Customer and any such extension will not be applicable or enforceable unless agreed to by Syntech, reduced to writing and signed by the Customer and a duly authorized representative of Syntech.
8.1. The Customer is not entitled to set off any amount owing to the Customer by Syntech against his debt.
9. The Customer agrees that the amount due and payable to Syntech may be determined and proven by a certificate issued by any independent auditor. Such certificate shall be binding and shall be prima facie proof of the indebtedness of the Customer.
9.1. Any printout of computer evidence tendered by any party shall be admissible evidence and no party shall object to the admissibility of such evidence purely on grounds that such evidence is computer evidence.
10. The Customer agrees that interest shall be payable on any moneys due to Syntech at 2.5% above the Prime Overdraft rated quoted by First National Bank Ltd., which interests shall be calculated on a daily balance and capitalized monthly from the date the moneys fell due to payment. A certificate under hand of any manager of the First National Bank Ltd shall be prima facie proof of the interest rate charged nor shall it be necessary to prove the signature or capacity of such manager.
11. The Customer agrees that if an account is not settled in full
(a) against order; or
(b) within the period agreed in clause 8 above in the case of a Credit Approved Customer; or if the Customer commits a breach of any of these conditions, or being an individual, is provisionally or finally sequestrated or surrenders his estate, or being a partnership, is being dissolved, or being a company or close corporation is placed under a provisional or final order of judicial management or liquidation, or compromises or attempts to compromise generally with its creditors or if an order in terms of section 65 of the Magistrates Court Act 32 of 1944, as amended is issued against the Customer, or if he commits or permits any act that may prejudice the rights of Syntech; then in any of these events Syntech may in its sole discretion either;
(i) entitled to immediately institute action against the Customer at the sole expense of the Customer; or
(ii) cancel the agreement and take possession of any goods delivered to the Customer by giving the Customer written notice to that effect; or
(iii) claim damages. Furthermore, Syntech shall be entitled to immediately suspend any delivery or service while the Customer is in breach of any of the terms of any contract between it and Syntech. In the event of a breach and without restricting or revoking any other rights Syntech may have in law, Syntech shall have the right to claim from the Customer the following costs: if payment by cheque is referred to drawer for whatsoever reason, an amount of R130.00 excl VAT per affected cheque; if default necessitates the telephonic contact of the debtor by Syntech, an amount of not more than R80.00 excl VAT per call; if default necessitates a personal visit by Syntech, an amount of R100.00 per visit; Cost for issuing a Letter of Demand at R250.00 excl VAT; subject to the maximum costs recoverable in terms of the Magistrates Court Act 32 of 1944 as amended, Attorneys Act 33 of 1979 and Debt Collections Act 114 of 1998. These remedies are without prejudice to any other right Syntech may be entitled to in terms of this agreement or in law.
12. The Customer hereby consents, in terms of Section 45 of the Magistrates Court Act of 1944 as amended to Syntech instituting any proceedings arising out of this contract in the Magistrates Court for the district of Rondebosch otherwise having jurisdiction in terms of Section 28 of the Magistrates Court Act notwithstanding the fact that such proceedings are otherwise not within the jurisdiction of that court. Syntech however reserves the right, in its sole discretion, to institute any action arising from this agreement in the High Court of South Africa.
12.1. The Customer hereby waives the benefits of the legal exceptions of non numeratae pecuniae, non causa debiti, de errore calculi, de duobus vel pluribus reis debendi, review of accounts and no value received and hereby declares himself to be fully acquainted with the meaning of this waiver.
12.2. In the event of any default by the Customer of any provision of this agreement, the Customer hereby consents and authorizes Syntech to furnish the name, credit record and repayment history of the Customer to any credit bureau as a delinquent debtor.
13. In the event of cancellation, the Customer shall be liable to pay
(a) the difference between the selling price and the value of the goods at the time of repossession and
(b) all other costs incurred in the repossession of the goods. The value of repossessed goods or retained pledged goods will be deemed to be the value placed on them by any sworn valuator after such repossession and such valuation will be prima facie proof of the value.
13.1. The Customer indemnifies Syntech completely against any damage whatsoever relating to the removal of repossessed goods.
13.2. If any goods supplied to the Customer are of a generic nature and have become property of the Customer by operation of law (confusio or commixtio) the Customer shall be obliged on notice of cancellation of the agreement to retransfer the same quantity of goods in ownership to Syntech.
14. All goods supplied by Syntech remain the property of Syntech until such goods have been fully paid for.
15. The Customer shall be liable to Syntech for all legal expenses (including collection fees) on the attorney own client scale incurred by Syntech in the event of
(a) any default by the Customer or
(b) any litigation in regard to the validity and enforceability of this agreement. The Customer will also be liable for any collection or valuation fees incurred.
16. The Customer agrees that no indulgences whatsoever by Syntech will affect the terms and conditions or any of the rights of Syntech and such indulgence shall not constitute a waiver by Syntech in respect of any of its rights herein. Under no circumstances will Syntech be stopped from exercising any of its rights in terms of these conditions.
17.1. Any document will be deemed duly received by the Customer within
(a) 3 working days of prepaid registered mail to any of the Customer’s business or postal addresses or the domicilium address of the Customer or to the personal address of any director, member or owner of the Customer; or
(b) within 24 hours of being faxed to any of the Customer’s fax numbers or any director, member’s or owner’s fax numbers;
(c) on being delivered by hand to the Customer or any director, member or owner of the Customer;
(d) within 48 hours if sent by overnight courier; or
(e) within 24 hours of being telexed to the Customer’s telex number.
17.2. The Customer chooses as its domicilium citandi et executandi the business address as per the dealer application or such other address agreed upon between Syntech and the Customer.
17.3. The Customer undertakes to inform Syntech in writing within 7 days of any change of Director, Member, Shareholder or Owner address, or 14 days prior to selling or alienating the Customer business and failure to do so will constitute a material breach of this agreement.
18. The Customer agrees to the standard prices of Syntech for any goods purchased or services rendered, as published in its ruling price list.
19. The invalidity of any part of these terms and conditions will not affect the validity of any other part, each clause in this agreement being severable from the rest.
20. Any order is subject to cancellation by Syntech due to force majeure from any clause beyond the control of Syntech, including (without restricting this clause to these instances): inability to secure labour, power, materials or supplies, or by reason of an act of God, war, civil disturbance, riot, state of emergency, strike, lockout, or other labour disputes, fire, flood, drought or legislation.
21. If at any time any amount of money due by the Customer to Syntech is overdue for payment, Syntech shall be entitled to suspend all deliveries to the Customer until all amounts are paid or, at the election of Syntech, to cancel all outstanding orders in either of which events the Customer shall have no claim against Syntech.
22. Prices are subject to change without prior notice.
23. The signatory warrants that he is the duly authorized representative of the Customer and that he has full capacity, whether legal or otherwise, to enter into any contractual agreement with Syntech.
24. This Agreement and its interpretation is subject to South African law and the Customer consents to the exclusive jurisdiction of the South African Courts referred to in clause 12.1.
Techniworld’s products supplied by Rectron are subjected to Rectron Terms. Techniworld has no intention to become involved between Rectron or The Client but will do everything possible to link The Client with Rectron in this regard.
RECTRON WARRANTY POLICY
1.1 In this policy, unless the context clearly indicates a contrary intention, the provisions relating to the interpretation of the General Terms and Conditions of Sale shall apply to this policy and the expressions defined in the General Terms and Conditions of Sale shall bear the meanings assigned to them therein.
1.2 Please note that the Warranty Policy may change or be updated from time to time in Rectron’s sole discretion and it is the responsibility of the Client to keep abreast of any changes or updates of whatsoever nature to the Warranty Policy.
2. WARRANTY PROVISIONS APPLICABLE TO CLIENTS WHO DO NOT FALL WITHIN THE CPA
2.1 No warranties, guarantees or representations, express or implied or tacit whether by law, contract or otherwise and whether they induced the contract or not, which are not set forth in this Agreement shall be binding on Rectron or Techniworld, the Client irrevocably waiving any right (common law or otherwise) it may have to rely thereon, and the goods are purchased on the basis that they are taken voetstoets and with the exclusion of all common law and other remedies including aedilitian remedies, whether as to the suitability of the goods sold for any specific purposes or (without limiting the generality of the aforegoing) otherwise.
2.2 The Client acknowledges that the warranty in respect of the goods supplied shall be in accordance with that stipulated in any product documentation and/or user manual.
2.3 The Cleint shall within 10 (ten) days after the defect arises, notify Rectron of the alleged defect, provided that Rectron shall have been given a reasonable opportunity of inspecting any alleged defect. Rectron shall notify the Client of the decision of Rectron regarding the alleged defect, which decision shall be binding on the Client. Rectron’s liability shall be limited on return to the purchase price of the goods.
2.4 In order to be valid, a claim in terms of the guarantee as set out in clause 2.3 must be in writing, specifying the alleged defect, and supported by the original tax invoice. In addition, the Goods must be returned by the Client to Rectron at the Client’s expense, packaged in their original undamaged packaging material.
2.5 The Parties agree that Rectron shall have no liability in respect of any injury, loss or damage (direct, indirect or consequential) arising out of the use of, or inability to use the goods and whether or not occasioned by Rectron’s negligence (gross or otherwise) or any act or omission on its part. Without limiting the aforegoing, Rectron does not warrant that the Goods will be fit for the purposes for which they are to be used by the Client (notwithstanding that the use to which the Client intends to put the Goods is known to Rectron). For the purposes hereof, any reference to Rectron shall include its servants, agents, contractors or any other person for whose acts or omissions Rectron may be liable in law (the Agreement between Rectron and the Client as contemplated in this clause is for the benefit of Rectron’s servants, agents or any other persons for whom Rectron is liable in law).
2.6 Rectron shall be relieved of all obligations in terms of this clause 2 if:
- 2.6.1 repairs or modifications have been made by persons other than Rectron, unless such repairs or modifications are made with the prior written consent of Rectron;
- 2.6.2 any goods are operated with any accessory, equipment or part not specifically supplied or approved in writing by Rectron;
- 2.6.3 the goods have not been operated or maintained in accordance with Rectron’s instructions, or under normal use, or the Goods have not been properly installed.
2.7 If repairs or replacements are effected by Rectron, only the parts actually worked on and not the complete Goods shall be subject to a new guarantee, if any, hereunder.
2.8 The Client who acquires goods for the purpose of on-selling those goods, whether that Client is permitted to do so or not (and nothing herein contained shall be deemed to allow The Client to on-sell goods acquired from Rectron whilst ownership vests in Rectron) shall not advertise or issue or in any other way have or make any warranties, guarantees or representations as to the goods in any form whatsoever or offer to do so, which could result in liability being imposed upon Rectron.
2.9 The Client hereby acknowledges that Rectron shall be under no liability in terms of this Warranty Policy:
2.9.1 to the Client until the Client has paid the full amount due to Rectron in respect of the goods concerned;
2.9.2 in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow Rectron’s instructions (whether oral or in writing), improper use outside Rectron’s specifications, damage to Goods caused by improper maintenance, service or repair by untrained personnel or technicians, and unauthorized alterations or modifications of the Goods;
2.9.3 Rectron shall be under no liability in respect of parts, materials or equipment which are accepted in the industry to have a limited life expectancy or parts, materials or equipment which need to be replaced at specified and published service intervals (“consumable parts”); or
2.9.4 in the event that spare parts and consumable parts other than those recommended for us by Rectron are fitted, attached or used on the goods.
2.10 Notwithstanding anything to the contrary in this Agreement, Rectron shall not be liable to the Client by reason of any representation or implied warranty, condition or other term or any duty at common law, or under the express terms of this Agreement, for any consequential loss or damage (whether for loss or profit or otherwise and whether occasioned by the negligence of Rectron or its employees or agents or otherwise) arising out of or in connection with any act or omission of Rectron relating to the supply of the goods, their resale by the Client or use by any third party.
3. WARRANTIES APPLICABLE TO AGREEMENT SUBJECT TO THE CPA
3.1.2 Rectron’s Warranty Policy only covers the hardware of the Goods and not the software of the goods, including any operating systems.
3.1.3 Rectron shall inform the Client of the warranty that can be expected from the Goods that it supplies. The warranties only apply to goods purchased from Rectron. goods purchased from any third party, even if it is the same brand, will not be the responsibility of Rectron and will not be entitled to any support, replacement or credit by Rectron.
3.1.4 All PC’s are built to order and are based on Client requests and specifications. All PC’s built to order will only qualify for the individual component warranty. There is no warranty on the entire PC.
3.2.1 Within 6 (six) months after delivery of the Goods to the Client , the Client may return the goods to Rectron (without penalty) if the Goods do not satisfy the requirement and standards contemplated in Section 55 of the CPA in which event Rectron may either:
126.96.36.199 repair or replace the failed, unsafe or defective goods; or 188.8.131.52 refund the Client for the price paid by the Client for the goods;
3.2.2 In the event of Rectron repairing any particular Goods or component such goods and within 3 (three) months of that repair, the failure or defect or unsafe features not being remedied or any further failure, defect or unsafe feature is discovered, Rectron shall: 184.108.40.206 replace the Goods; 220.127.116.11 refund the Client the price paid by the Client for the goods.
3.2.3 The aforesaid warranty exists in addition to an express warranty or condition stipulated by the producer or importer as the case may be.
3.2.4 In the event of Rectron providing any new or reconditioned parts installed during any repair or maintenance work and the labour required to install it, such work and parts will be warranted for a period of 3 (three) months after the date of installation or such longer period as Rectron may specify in writing.
3.2.5 This warranty is subject to the parts, goods and/or property not being misused or abused and does not apply to any ordinary wear and tear having regard to the circumstances in which it was intended to be ordinarily used.
3.2.6 Warranties shall be voided in the following situations: 18.104.22.168 Serial number labels removed/damaged or defaced; 22.214.171.124 Warranty seals broken or tampered with;
126.96.36.199 Any damage to the item:
188.8.131.52.1 Caused by negligence (not following instructions in the user manual);
184.108.40.206.2 Broken or dented casings (physical abuse or misuse)
220.127.116.11.3 Damage caused by dropping the unit or the unit falling onto hard surfaces;
18.104.22.168.4 User induced damage to printed circuit board assembly (tampering);
22.214.171.124.5 Burnt items (incorrect environmental conditions);
126.96.36.199.6 Acts of God (lightening damage, flood, storms, etc.)
188.8.131.52.7 Water damage (liquid spillage);
184.108.40.206.8 Insect infestation;
220.127.116.11.9 Incorrect usage according to user manual;
18.104.22.168.10 Components added or removed from the PCB (modifications or unauthorised repairs); 22.214.171.124.11 Any unauthorised modification or repair work.
3.2.7 Should the Client require more details, the Client is directed to have reference to the product documentation or user manual. All the Dealer’s warranty policies will be applied in addition to the aforementioned. Additional details on visual void warranty policy are available on request.
3.3 RECORD KEEPING Rectron shall keep accurate records as recorded in Section 26 of the CPA, but this information will be limited to transactions between Rectron and the Client . The Client is wholly responsible to keep accurate records between it and the Customer.
3.4 RETURN OF GOODS It is the responsibility of the Client to have defective goods returned to Rectron’s premises to qualify for support.
In this agreement –
1.1 Clause headings are for convenience and shall not be used in its interpretation;
1.2 Unless the context clearly indicates a contrary intention –
1.2.1 an expression which denotes126.96.36.199 any gender includes the other genders;
188.8.131.52 a natural person includes an artificial person and vice versa;
184.108.40.206 the singular includes the plural and vice versa;
1.2.2 the following expressions shall bear the meanings assigned to them below and cognate expressions bear corresponding meanings
220.127.116.11 “agreement” – means the Dealer Application and the Standard Terms;
18.104.22.168 “CPA” – means the Consumer Protection Act 68 of 2008 as amended;
22.214.171.124 “consumer” – means “consumer as defined in terms of the CPA;
126.96.36.199 “customer” – shall mean the person whose name appears on the Dealer Application which is annexed hereto next to the caption “Registered Name of Customer”, or if no such application is annexed hereto, or no name appears thereon, or in any other circumstances, any person or persons at whose request or on whose behalf the supplier undertakes to supply any goods, do any business, or provide any advice or service;
188.8.131.52 “goods” – any items or services of whatsoever nature that are supplied by the supplier to the customer in terms of this agreement;
184.108.40.206 “signatory” – means the person who signs this agreement and the Dealer Application on behalf of the customer as well as any other agreement or document between the Supplier and the customer;
220.127.116.11 “supplier”– Mustek Limited, Registration number 1987/070161/06; 18.104.22.168 “terms and conditions” – means the Suppliers standard terms and conditions as contained herein, including terms contained in any of the suppliers policies and procedures as amended by the supplier (from time to time), including but not limited to warranty policies, service procedures, repair and replacement policies and packaging policies;
22.214.171.124 “Dealer Application” – means the Dealer Application Form containing, inter alia, the customer’s information and forming part of the terms and conditions.
2 THESE TERMS AND CONDITIONS TO PREVAIL
2.1 It is recorded that the only basis upon which the supplier is prepared to do business with the customer is that, notwithstanding anything in the customers enquiry, specification, acceptance, order or other documentation or any other documentation or discussion/s to the contrary, the terms and conditions shall constitute the sole terms of the agreement between the supplier and the customer and shall operate in respect of any and all business between the customer and the supplier.
2.2 All and any business undertaken, including any advice, information or service provided whether gratuitously or not by the supplier to the customer is and shall be subject to the terms and conditions, and each term and condition shall be deemed to be incorporated in and to be a term and condition of any agreement between the supplier and the customer.
2.3 This agreement shall commence from the date of signature hereof, by the party signing last in time and shall be renewed automatically on an annual basis, subject to the provisions of 2 and 18 below.
2.4 Notwithstanding anything to the contrary contained herein, the customer acknowledges that:
2.4.1 The supplier shall at all times be entitled to determine (in its sole discretion) the nature, extent and duration of any credit facilities (if any) granted to the customer in terms of this agreement;
2.4.2 The supplier shall be entitled to terminate this agreement on 48 (forty eight) hours notice to the customer; or
2.4.3 should the customer not purchase any goods for a period exceeding 2 (two) consecutive months, the supplier shall be entitled (but not obliged) to terminate this agreement; Provided that should the supplier terminate this agreement for any reason whatsoever, such termination shall not affect any obligations of the customer to the supplier in terms hereof, which obligations arose prior to the date of termination and the supplier shall furthermore be immediately entitled to claim all amounts owing by the customer to the supplier in terms hereof or in terms of any other agreement.
3 NO VARIATIONS OR AMENDMENTS
3.1 This agreement constitutes the whole agreement between the customer and the supplier relating to the subject matter hereof.
3.2 No amendment or consensual cancellation of this agreement or any provision or term thereof or of any agreement, bill of exchange or other document issued or executed pursuant to or terms of this agreement and no settlement of any disputes arising under this agreement and no extension of time, waiver or relaxation or suspension of any of the provisions or terms of this agreement or of any agreement shall be binding unless recorded in a written document signed by a Director or Credit Manager of the supplier. Any such extension, waiver or relaxation or suspension which is so given or made shall be strictly constructed as relating strictly to the matter in respect whereof it was made or given.
3.3 No extension of time or waiver or relaxation of any of the provisions or terms of this agreement or any agreement, bill or exchange or any agreement, bill or exchange or any other document issued or executed pursuant to or in terms of this agreement, shall operate as a waiver of the supplier’s and/or the customer’s rights as entrenched in the CPA with regard to enforcement of this agreement.
3.4 The supplier shall not be bound by any express or implied term, representation, warranty (with the exception of the warranties as provided for in the CPA), promise or the like not recorded herein, whether it induced the contract between the supplier and the customer or not.
3.5 No person other than a Director or a Credit Manager of the supplier has any authority to delete amend or any respect vary any of these conditions or accept any other conditions or agree to a consensual cancellation hereof.
4.1 Any quotation given is not an offer by the supplier to sell the goods but constitutes an invitation by the supplier to the customer to do business with the supplier.
4.2 A quotation may be revoked at any time by the supplier.
4.3 The supplier may accept or reject in whole or in part any order placed upon it by the customer pursuant to the quotation. Accordingly, a contract shall only come into force between the supplier and the customer if after receipt by the supplier of the customer’s order or acceptance of the quotation the supplier supplies, or tenders to supply, the goods in question to the customer.
4.4 Any quotation is based on rates of exchange, freight charges, insurance, rail costs, costs of labour and materials and other charges ruling at the date of the quotation. In the event of any variation occurring subsequent to the date of the quotation in any of the aforesaid rates and/or charges, as the case may be, the supplier shall prior to delivery furnish the customer with an amended quotation which quotation is to be accepted or rejected, either verbally or in writing by and on behalf of the customer.
5 PLACING OF ORDERS
5.1 If telephone orders are placed by the customer, the supplier may require such orders to be confirmed in writing by the customer, prior to acceptance by the supplier.
5.2 An order may not be withdrawn until accepted or rejected by the supplier. Any such order shall upon acceptance thereof by the supplier be irrevocable by the customer.
5.3 In the event of the agreement being subject to the provisions of the CPA, the Customer can cancel or withdraw an order but in such event the supplier will be entitled to charge a reasonable cancellation fee.
5.4 The supplier will not be responsible for any errors or misunderstandings occasioned by the customer’s failure to record not only the details of the order correctly, but also the customer’s failure to clearly notify the supplier at the time of placing the order of its specific requirements regarding each and every item included in the order.
6 PURCHASE PRICE AND PAYMENT
6.1 Orders are accepted by the supplier only on the basis that the prices charged will be those ruling at the date of dispatch of the goods, unless otherwise expressly stated. A copy of the suppliers ruling prices from time to time may be obtained from the supplier by the customer on request.
6.2 Unless otherwise expressly stated, prices are exclusive of value added tax which shall be for the account of the customer unless the customer has given acceptable proof to the supplier that the supply is a zero rate or an exempt supply. The customer shall pay or reimburse to the supplier the amount of any value added tax simultaneously with the purchase price.
6.3 The customer shall be obliged to pay to the supplier in addition to the contract price herein
6.3.1 the amount of any tax, duty or other charge of any nature whatsoever imposed by any law, regulation or enactment of whatsoever nature which comes into force on a date after the date on which any price charged is determined;
6.3.2 any other additional costs of any nature whatsoever arising due to factors beyond the control of the supplier. In particular, but without limiting the generality of the aforegoing, the supplier shall be entitled to increase the purchase price in respect of any goods supplied in order to make provision for any increases in costs arising as a result of or during the period of any delay caused by the customer.
6.4 Any expense incurred by the supplier at the instance of the customer in modifying or otherwise altering or making additions to the design, quantities or specifications for standard goods, and any expenses arising as a result of suspension of work by the supplier due to instructions given, or a failure to give instruction by the customer, shall be added to the purchase price in respect of the relevant goods.
6.5 The purchase price in respect of any goods sold by the supplier to the customer in terms of this agreement shall be payable
6.5.1 by the customer to the supplier, at the supplier’s head office or at such other places as the supplier may direct from time to time;
6.5.2 in cash;
6.5.3 in South African currency without deduction or set-off and free of any exchange, and
6.5.4 during or before the expiry of the credit period indicated on the dealer application which is annexed hereto, which period shall commence upon the issuing of an invoice by the supplier, or if there is no credit period indicated, or no credit period has been approved in terms of 6.6 below, or no dealer application is annexed, cash on order
6 PURCHASE PRICE AND PAYMENT, CONTINUED
6.6 After the completion of the dealer application by the customer and acceptance of these terms and conditions by the customer, the supplier shall at its own discretion be entitled to
6.6.1 make such enquiries as it may deem necessary to determine whether or not to grant the customer credit as applied for in the dealer application;
6.6.2 determine whether or not to grant the customer credit as applied for in the dealer application, and
6.6.3 inform the customer of the determination made pursuant to
6.7 Until a determination is made by the supplier as contemplated in terms of
6.6.2 above any goods supplied by the supplier to the customer shall be supplied on a cash on order basis only.
6.8 The supplier shall not be obliged to make a determination in terms of
6.6.2 above and to the extent that it does not, any goods supplied by the supplier to the customer shall be supplied on a cash on order basis.
6.9 The purchase price does not include charges for delivery of the goods to the customer’s premises. The customer shall provide at its cost the necessary labour, equipment or facilities required for off loading of the goods at its premises.
6.10 The customer has no right to withhold payment for any reason whatsoever. The customer is not entitled to set off any amount due to the customer by the supplier against any debt owed by the customer to the supplier nor shall any payment be withheld by virtue of any alleged counterclaim against the supplier by the customer.
6.11 The customer hereby agrees that any item handed in for repair may be sold by the supplier to defray the cost of such repairs and the supplier’s usual storage cost, if the item remains uncollected within 30 days of the repair being completed.
The risk of damage to or destruction of any relevant goods passes to the customer on delivery thereof by the supplier to the customer, frustrated by customer in any manner whatsoever where upon risk of damage and destruction shall pass when the supplies tenders delivery.
8.1 The supplier will prepare and issue a quotation for the repair of goods, which quotation will be furnished to the customer and on acceptance of the quotation by the customer, the supplier will undertake the repairs in accordance with the quotation.
8.2 The customer is entitled to waive the necessity of a quotation for the repairs, alternatively is able to furnish the supplier with a pre-authorisation for the repairs up to a specific maximum amount.
8.3 In the event of a quotation having been prepared by the supplier and the customer not accepting such quotation, the supplier will be entitled to charge a reasonable fee for the cost of preparing the estimate, including the cost of performing any diagnostic work, disassembly or reassembly required to prepare the quotation including any damage or loss of material or parts in the cause of preparing the estimate.
8.4 The supplier shall have the right of retention and lawful lien over the goods submitted for repairs until such time as the customer effects payment for the repairs and/or quotation fee in full.
9 IMPORTED GOODS
Where the goods or any part thereof are to be imported, this agreement is subject to the condition that the supplier’s order is accepted and confirmed by the supplier’s own suppliers and that delivery is made there under in due course.
10.1 Subject to the provisions of the CPA (if applicable), any delivery date indicated by the supplier shall merely be regarded as the estimated date of delivery and shall not bind the supplier to effect delivery on or near such date.
10.2 The customer shall accept delivery whenever it is tendered and shall not be entitled to resile from the agreement not to withhold or defer any payment nor to a reduction in price nor to any other right or remedy against the supplier, its servants, agents or any other persons for whom it is liable in law (in whose favour this constitutes a stipulation alteri) whether for losses, costs, damages, expenses, interest or otherwise (not limited ejusdem generis) on account of delays in effecting delivery, partial delivery or non delivery, whether occasioned by any negligent (including grossly negligent) act or omission on the part of the supplier, its servants, agents or any other persons for whom it is liable in law, or not.
10.3 If delivery of any particular order is to be effected in packs, the supplier shall not be obliged to deliver any parts of the order unless any part of the order which has already been delivered has been paid. The supplier is not obliged to accept the return of any goods and this clause shall not be used to imply that the supplier shall be obliged to accept the return of any goods.
10.4 The supplier shall have the right to deliver any portion of the goods sold without delivery, or making provision for delivery of all the goods sold and to invoice the customer therefore and the customer shall accept such goods when tendered.
10.5 If goods are to be delivered by road, the customer shall be obliged to ensure that the delivery destination shall be easily accessible to road transport vehicles. The customer shall be responsible for off-loading the goods at the delivery destination. If goods are to be delivered by rail, the customer shall be responsible for collection of goods at the railhead.
10.6 The customer shall be obliged to inspect all goods upon delivery and shall endorse the delivery note as to any missing or damaged goods. No claims for missing or damaged goods shall be valid unless the delivery note has been endorsed as aforesaid and unless, in addition the customer notifies the supplier in writing within 3 business days of the delivery of the goods of the claim in question and the goods relating to such claim furnishing full details in regard thereto.
The customer shall bear the onus of proving that upon delivery,any goods are missing or damaged or that the customers order was in any way not complied with.
10.7 If the supplier is unable to deliver the goods to the customer due to any act or omission on the part of the customer, the supplier shall be entitled to charge the customer for the storage of the goods.
10.8 The customer shall be obliged to furnish information necessary to enable delivery of the relevant goods to be effected and if the customer fails or refuses to do so, or if it fails or refuses to take delivery, the goods shall without prejudice to the provisions of clause 10.7, be deemed to have been delivered to the customer upon notification by the supplier to the customer to that effect.
10.9 If the supplier agrees to engage a third party to transport the goods, the supplier is hereby authorised to engage a third party on the customer’s behalf and on the terms deemed fit by the supplier. The customer hereby indemnifies the supplier against any claims that may arise from such agreement against the supplier. The customer shall reimburse the supplier for any costs incurred in arranging special delivery, including but not restricted to, the costs of necessary disbursements and insurance. Any documentation purporting to evidence the said extra costs will be deemed to be prima facie proof thereof.
11 WARRANTIES AND GUARANTEES
11.1 Subject to the provisions of the CPA, no warranties, guarantees or representations, express or implied or tacit whether by law, contract or otherwise and whether they induced the contract or not, which are not set forth in this agreement shall be binding on the supplier, the customer irrevocably waives any right (common law or otherwise) it may have to rely thereon.
11.2 To the extent that goods supplied by the supplier are in any way defective, the customer shall be entitled, within the warranty period applicable to such goods to claim the replacement or repair of goods to eliminate any defect in workmanship or materials found to be due exclusively to any acts or omissions on the part of the supplier, in the supplier’s sole opinion (which shall be binding on the customer), provided that the customer notifies the supplier, in writing, of such defect within 7 days after the defect arises (which notice shall specify the alleged defect), provided that the supplier shall have been given a reasonable opportunity of inspecting any alleged defect.
11.3 In order to be a valid claim, terms of the guarantee as set out in clause 11.2, must be in writing, specifying the alleged defect, and supported by the original tax Invoice. In addition the goods must be returned by the customer to the supplier at the customer’s expense, packaged in their original undamaged packing material.
11.4 The parties agree that the supplier shall have no ability in respect of any injury, loss or damage (direct, indirect or consequential) arising out of the use of, or inability to use, the goods and whether or not occasioned by the supplier’s negligence (gross or otherwise) or any act or omission on its part. Without limiting the aforegoing the supplier does not warrant that the goods will be fit for the purposes for which they are to be used by the customer (notwithstanding that the use to which the customer intends to put the goods is known to the supplier). For the purposes hereof, any reference to the supplier shall include its servants, agents or contractors or any person for whose acts or omissions the supplier may be liable in law. This also constitutes a stipulation alteri in favour of such persons the benefits of which may be accepted by them at any time.
11.5 The supplier shall be relieved of all obligations in terms of this clause, if
11.5.1 repairs or modifications have been made by persons other than the supplier, unless such repairs or modifications are made with the prior written consent of the supplier;
11.5.2 any goods are operated with any accessory, equipment or part not specifically supplied or approved in writing by the supplier;
11.5.3 the goods shall not have been operated or maintained in accordance with the supplier’s instruction, or under normal use; the goods shall not have been properly installed.
11.6 If repairs or replacements are effected by the supplier, only the parts actually worked on and not the complete goods shall be subject to a new guarantee, if any, hereunder.
11.7 Customers who acquire goods for the purpose of on-selling these goods, whether that customer is permitted to do so or not (and noting herein contained shall be deemed to allow that the customer to on-sell goods acquired from the supplier whilst ownership vests in the supplier), shall not advertise or issue or in any other way give or make any warranties guarantees or representations as to the goods in any form whatsoever or offer to do so, which could result in liability being imposed upon the supplier.
11.8 Notwithstanding the contents of this clause 11, insofar as any transactions in terms hereof fall with the ambit of the CPA, the following provisions shall apply in respect of warranties and guarantees in respect of the goods.
11.8.1 Within 6 months after delivery of the goods to the customer, the customer may return the goods to the supplier, without penalty, if the goods do not satisfy the requirements and standards contemplated in Section 55 of the CPA in which event the supplier may either:
126.96.36.199 repair or replace the failed, unsafe or defective goods; or
188.8.131.52 refund the customer for the price paid by the customer for the goods.
11.8.2 In the event of the supplier repairing any particular goods or component of such goods and within 3 months of that repair, the failure or defect or unsafe features not being remedied or a further failure, defect or unsafe feature is discovered, The supplier may:
184.108.40.206 replace the goods; or 220.127.116.11 refund the Customer the price paid by the Customer for the goods.
11.8.3 The aforesaid warranty exists in addition to an express warranty or condition stipulated by the producer or importer as the case may be;
11.8.4 In the event of the supplier providing any new or reconditioned parts installed during any repair or maintenance work and the labour required to install it, such work and parts will be warranted for a period of 3 months after date of installation or such longer period as the supplier may specify in writing.
11.8.5 This warranty is at all times subject to the supplier’s policies containing circumstances where the warranties and/or guarantees are excluded due to, inter alia, goods being misused or abused and does not apply to any ordinary wear and tear in respect of the goods, having regard to the circumstances in which the goods were intended to be ordinarily used. Furthermore, the terms and conditions as contained in any of the suppliers policies and procedures [as amended by the supplier (from time to time)], including but not limited to warranty policies, service procedures, repair and replacement policy and packaging policies shall apply in respect of such warranty and are deemed specifically incorporated herein.
12 HANDLING FEE ON RETURN OF GOODS
Subject to the provisions of the CPA:
12.1 the supplier is not obliged to accept the return of any goods and this clause shall not be used to imply that the supplier shall be obliged to accept the return of any goods; and
12.2 the supplier reserves the right to levy a handling fee of 30% of the purchase price of the relevant goods on such goods returned to and accepted by the supplier, if the return of goods takes place after 14 days from the date of invoice (maximum 30 days).
13 AVAILABILITY OF IMPORTED PERMITS
The supplier’s obligations hereunder shall be subject, in those cases where the goods or part thereof are to be imported, to the availability of an import permit to the supplier.
14 OWNERSHIP 14.1
Ownership of the goods shall not pass to the customer until the purchase price (including interest if any) in respect of the goods in question has been paid. The provisions hereof shall apply notwithstanding the installation of such goods on the customer’s premises or accession thereof to any of the customer’s goods or that the goods may be incorporated into or form part of other goods or change their essential character. All goods, whether fixed to immovable property or not, shall be deemed to be severable without injury to either property.
14.2 The supplier reserves the right to inform the owner/landlord of the premises in which the goods are or at any time may be, of the provisions of this clause. The customer shall be obliged to advise the supplier of the name and address of the landlord of any such premises and shall promptly advise the supplier of any change in the name and/or address of any landlord or of any new landlord.
14.3 The customer shall take all such steps as may be necessary to notify interested third parties that ownership of the relevant goods has not passed from the supplier to the customer. In particular the customer shall inform the owner/landlord of the premises in which the goods are or at any time may be, of the provisions of this clause. The customer shall produce written proof of such notices to the supplier on demand.
15 SUBSTITUTE GOODS OR PARTS
15.1 The supplier shall be entitled to substitute for any goods specified in this agreement with such other goods which the supplier in its sole discretion may regard as suitable substitutes therefore on reaching an agreement with the customer.
15.2 The supplier reserves the right to alter specifications without notice. Should conditions render unavailable any materials or goods specified herein or otherwise required in order to fulfill this agreement, a substitution deemed by the supplier to be suitable for the performance of its obligations will be supplied on acceptance by the customer.
Subject to the provisions of the CPA (if applicable), all specifications, descriptive matter, drawings and other documents furnished by the supplier do not form part hereof and may not be relied upon, unless they are agreed in writing by the supplier to form part hereof. All descriptive matter, specifications, drawings and particulars given by the supplier are approximate only and the supplier cannot be held responsible for loss including consequential loss due to discrepancies therein.
The supplier shall have the option to require the customer, at its own expense, and prior to taking delivery of the goods, to insure the goods and thereafter keep the goods insured until such time as goods have been paid for in full. Such insurance shall be taken with such insurers as may be approved by the supplier in writing, for such amount and on such terms as may be approved by the supplier in writing. The insurance policy shall record the interest of both the supplier and the customer. The customer shall, if so required by the supplier, cede to the supplier all rights in terms of such insurance policy. The supplier shall exercise the said option by giving the customer written notice that it is doing so at any time prior to the delivery of the goods by the supplier to the customer.
18.1 Subject to clause
18.2, if the customer breaches any of the terms or conditions hereof or any other agreement with the supplier or fails to pay any amount payable by it on due date or commits any act of insolvency or endeavours to compromise generally with its creditors or does or cause to be done anything which may prejudice the supplier’s rights hereunder or at all, or allows any judgement against it to remain unsatisfied for 7 days or is placed into provisional or final sequestration or if his estate is voluntarily surrendered, the supplier shall have the right, without prejudice to any other right which it may have against the customer, to elect to
18.1.1 treat as immediately due and payable all outstanding amounts which would otherwise become due and payable over the unexpired period of the agreement and to claim such amounts as well as any other amounts in arrears including interest and to cease performance of its obligations hereunder as well as under any other contract with the customer until the customer has remedied the breach;
18.1.2 cancel this agreement and retake possession of any of the goods sold without prejudice to its rights to claim damages.
18.2 The supplier shall not be obliged to comply with its obligations hereunder in any respect whatsoever for so long as the customer is indebted to the supplier in any amount whatsoever in respect of any cause whatsoever or fails to comply with any other obligations to the supplier, whether arising out of this contract or otherwise. In particular, without limiting the generality of the aforegoing, if delivery of any particular order is to take place in packs, the supplier shall not be obliged to deliver any part of the order until the purchase price in respect of the goods which already has been delivered, has been paid.
18.3 No claim under this contract will arise against the supplier unless the customer has given the supplier 30 days written notice sent by prepaid registered post to rectify any defect or breach of contract.
18.4 The customer agrees that the customer indebtedness to the supplier shall be determined and proven by a certificate issued by the supplier, which authority need not be proven. Such certification shall be prima facie proof of the indebtedness of the customer.
18.5 The Customer hereby indemnifies the supplier against any and all damage of whatsoever nature, howsoever and by whomsoever caused in relation to the removal of goods, excluding any gross negligence by the supplier, and without derogating from the generality of the aforegoing, the removal of repossessed goods from the premises of the customer or any other premises where the goods may be found.
18.6 The customer hereby agrees that the supplier shall not be required to furnish security in terms of rule 62 of the rules of Court of the Magistrate’s Court.
18.7 The supplier shall have the right to institute any legal action in either the relevant Magistrate’s Court or the Supreme Court at its sole discretion and the customer consents to jurisdiction of the Magistrates court.
19 DOMICILIUM AND NOTICES
19.1 The parties choose domicilium citandi et executandi (“domicilium”) for the purposes of the giving of any notice, the payment of any sum, the serving of any process and for any other purpose arising from this agreement at their addresses and telefacsimile numbers as set out in the dealer application annexed hereto.
19.2 Each of the parties shall be entitled from time to time, by written notice to the other, to vary its domicilium to any other address which is not a post office box or poste restante.
19.3 Any notice given and any payment made by any party to any other (“the addressee”) shall be in writing and if
19.3.1 delivered by hand during the normal business hours of the addressee at the addressee’s domicilium for the time being shall be presumed, until the contrary is proved by addressee, to have been received by the time of delivery;
19.3.2 posted by prepaid registered post from an address to the addressee at the addressee’s domicilium for the time being shall be presumed, until the contrary is proved by the addressee, to have been received by the addressee on the fourteenth day after the date of posting;
19.3.3 transmitted by telefacsimile from an address to the addressee at the addressee’s telefacsimile address for the time being shall be presumed, until the contrary is proved by the addressee, to have received by the addressee on the first business day after the date of transmission.
20 NO CESSION
The customer shall not be entitled to cede or assign any rights and/or obligations which it may have in terms of this agreement to any third party. The supplier on notice to customer shall be entitled to cede, assign delegate.
21 SECURITY FOR OBLIGATIONS
The supplier reserves the right to require satisfactory security from the customer for the due performance of any of the customer’s obligation hereunder including but not limited to the payment of the purchase price. If the supplier so requires, the customer shall deliver to supplier prior to the supplier complying with any of its obligations hereunder, confirmed irrevocable letters of credit by financial institutions acceptable to the supplier. If such security or guarantees or letters of credit are not furnished within 7 days after any such demand, the supplier shall be entitled to withdraw without prejudice to its rights of whatsoever nature to withdraw any credit provided to the customer in terms thereof.
22.1 The customer shall be liable for all costs incurred by the supplier in the recovery of any amounts or the enforcement of any rights which it has hereunder, including collection charges and costs on an attorney and own client scale and costs of counsel as on brief whether incurred prior to or during the institution of legal proceedings or if judgement has been granted, in connection with the satisfaction or enforcement of such judgement.
22.2 The customer undertakes to pay the cost of the suretyship and cession contained herein, including any stamp duty payable thereon and agrees that such costs can be debited to the customer’s account upon acceptance.
23 SURETYSHIP AND WARRANTY OF AUTHORITY (PLEASE TAKE NOTE)
23.1 The signatory by his signature hereto, binds himself in favour of the supplier, its successors-in-title and assign as surety for and co-principal debtor in solidum with the customer for the due and punctual performance by the customer of all its obligations to the supplier in terms of this agreement.
23.2 The suretyship in 23.1 shall remain of full force and effect notwithstanding –
23.2.1 any amendment/s to this agreement and/or any agreement for the time being subsisting between the parties;
23.2.2 any indulgence, concession, leniency or extension of time which may be shown or given by the supplier to the customer.
23.3 The signatory hereby renounces the benefits of the legal exceptions “non causa debiti”, “errore calculi”, “excussion de duobus vel pluribus reis debendi”, “no value received” and “revision of accounts”, with the meaning and effect of all of which he declares himself to be fully acquainted.
23.4 The signatory warrants, as a material warranty which the signatory relies on in entering into the agreement that he is duly authorised to represent and bind the customer to this agreement, and that he has read and understood each term and condition of this agreement and accepts them as binding on him and the customer. The customer hereby warrants that it regards the terms and conditions of this as binding upon it.
23.5 The signatory and the customer hereby warrant that the signatory to any tax invoice, delivery note or other documentation of the supplier made out in the name of, or to the customer is duly authorised to bind the customer in respect of the relevant transaction.
23.6 The signatory shall be bound by the provisions of this agreement as if he were the customer, mutatis mutandis particularly, but without limitation thereto, insofar as the agreement provides for proof of facts, costs of proceedings, service of process, limitations of defences and jurisdiction.
24 EXEMPTION AND INDEMNITY
24.1 The customer shall have no claim of any nature whatsoever for damages, a remission of the purchase price, cancellation or otherwise, against the supplier, its servants, agents or others on whose behalf the supplier would be liable, in respect of any loss or damage sustained by the customer of any nature whatsoever or any damage caused to the assets of the customer or assets kept on its premises by any third parties or in regard to the customer’s business or sustained by any of its customers, howsoever caused including the negligent (excluding grossly negligent) acts or omissions of the supplier, its servants, agents or others for whom it may be liable in law. This constitutes also a stipulatio alteri in favour of such person the benefits of which may be accepted by them at any time.
24.2 In the event that the customer who acts as supplier to the customer and as such becomes a supplier as defined in the CPA, and such customer does not comply with the provisions of the CPA in any manner whatsoever and the customer proceeds with a claim against the supplier, then the customer indemnifies the supplier to the fullest extent permitted in law against any claims made against the supplier by the customer.
25 CONSEQUENTIAL LOSS
Under no circumstances whatsoever including as a result of its negligent (including grossly negligent) acts or omissions or those of its servants, agents or contractors or other persons for whom in law may be liable, shall the supplier be liable for any consequential loss sustained by the customer. This also constitutes a stipulatio alteri in favour of such persons the benefits of which may be accepted by them at any time.
Each paragraph or clause in this agreement is severable, the one from the other and if any paragraph or clause is found by any competent Court to be defective or unenforceable for any reason whatsoever, the remaining paragraphs or clauses shall be of full force and effect and continue to be of full force and effect.
27 FORCE MAJEURE
Any transaction is subject to cancellation by the supplier due to force majeure from any cause beyond the control of the supplier, including without restricting the generality of the aforegoing , inability to secure labour, power, materials or supplies, or by reason of an act of God, war civil disturbances, riot, state of emergency, strike, lockout, or other labour disputes, fire, flood, drought or legislation.
28.1 The customer hereby irrevocably cedes, assigns and transfers, makes over unto and in favour of the supplier, all the customers right title and interest in and to its claims against its debtors, both present and future and from whatsoever cause arising, as security for all or any of the amounts which the customer may now or at any time in the future owe to the supplier.
28.2 The customer irrevocably and in rem suam authorises the supplier in its absolute discretion to claim from all or any of the customer’s debtors the whole or any portion of the indebtedness, to take any action in its name in any court of competent jurisdiction and to proceed in execution there under against all or any of the said debtors, to exchange promissory notes, cheques, agreements, documents of title or any other security held by the customer.
28.3 The security created by the cession shall be a continuing one notwithstanding any fluctuation in the amount of indebtedness of the customer to the supplier.
28.4 The customer hereby undertakes on demand to furnish the supplier with such information concerning its debtors as may be reasonably required, to enable the supplier to give effect to the provisions of this clause.
29 FURNISHING OF INFORMATION BY CUSTOMER
The customer shall forthwith after the conclusion of the contract, furnish the supplier with all information reasonably required by the supplier to enable it to comply with its obligations.
30 RECEIPT OF DOCUMENTS, CHEQUES ETC
No notices, cheques, cash or other documents sent to the supplier through the post shall be deemed to have been received unless and until actually received by the supplier.
The clause headings in this agreement are for references purposes only and shall not be used in the interpretation of this agreement.
The customer shall pay interest at the publicly quoted basic rate per annum ruling from time to time at which The Standard Bank of South Africa Limited lend on overdraft, which rate shall be proved by way of a certificate signed by any employee of such Bank, compounded monthly in arrear, on all amounts owing by the customer to the supplier which have not been paid on the due date thereof, reckoned from the due date thereof until date of payment. Such interest shall be payable on demand.
33 CREDIT BUREAU REPORTS
33.1 The customer consents and agrees that the supplier may:
33.1.1 perform a credit search on the customer’s record with a registered credit bureau;
33.1.2 monitor the customer’s behaviour by researching its record at a registered credit bureau;
33.1.3 use new information and data obtained from other registered credit bureaus in respect of the customer’s business relationship with the supplier;
33.1.4 record and transmit details in respect of:
18.104.22.168 the conduct of the customer’s account in meeting its obligations on the account;
22.214.171.124 how the customer has performed in meeting its obligations in terms of any agreement concluded between the customer and the supplier, with a registered credit bureau.
33.1.5 convey the information provided herein by the customer to a registered credit bureau which information may be used by the registered credit bureau in the normal course of its business as a registered credit bureau accessed by the other Credit Providers (as defined in the National Credit Act 34 of 2005) and customers of the registered credit bureau;
33.1.6 evaluate the criminal history or record, previous convictions and any other relevant information of the customer with the Criminal Record Centre.
33.2 The supplier undertakes to give the customer 20 (twenty) business days written notice prior to the forwarding of the details as mentioned in clause
126.96.36.199 and 188.8.131.52, above to any registered credit bureau.
34 WARRANTY BY CUSTOMER – NATIONAL CREDIT ACT 34 OF 2005
34.1 The customer by his signature hereto warrants that at the date of signature hereof and each date which the customer purchases goods from the supplier that:
34.1.1 The aggregate annual sales of the customer exceeds R1 000 0000 ( one million rand); and/or
34.1.2 The net asset value of the customer exceeds R1 000 000 (one million rand). The customer hereby irrevocably unconditionally agrees to indemnify and keep indemnified, the supplier, on demand, for any and all, liabilities, damages, penalties, actions, judgments, costs, expenses or disbursement of any kind whatsoever which may be imposed on, incurred by or asserted against the supplier in any way resulting form or arising of a breach of any warranty contained in clause
Once a client has accepted delivery of any item, Tarsus can only accept goods returned on the following conditions:
|A valid and authorised RMA number is obtained from Techniworld and then presented upon return of the item/s to your nearest Tarsus branch.|
|The stock and boxes are unopened and undamaged unless otherwise specified upon your initial request for return and the RMA has been endorsed as such.|
|All accessories, software and packaging is included.|
|No passwords are active on desktops and notebooks.|
|In accordance with our general terms & conditions Tarsus reserves the|
right to charge a handling fee in the event that the above requirements
are not met.
Kindly note that should any of the above not be adhered to, Tarsus reserves the right to decline your request for return until the authorised RMA is obtained and this may result in your company representative being turned away upon arrival at the Tarsus branch.
Terms and Conditions
We, Tarsus Distribution Proprietary Limited registration number 1995/000439/07 being the distributor of the electronic computer Device (“Device”) purchased with and covered by this warranty (“Warranty”), agree to extend our obligations to you as is set out herein. In this regard we undertake to provide to you such of the following services as have been paid for: the Repair Service (described in clause 4.1), the Indemnity (described in clause 4.2) and the Data Recovery Service (described in clause 4.3), and a Loan Device (described in clause 4.4), collectively referred to as the “Services”, on and subject to the terms, limits and exclusions set out herein. The Indemnity is underwritten and provided by AIG South Africa, a licenced Financial Services Provider (the “Insurer”).
Reference herein to “we” or “our” or “us” is a reference to the entity described in the aforegoing paragraph and its successors in title and where appropriate in relation to any claim under clause 4.2, includes the Insurer. Reference to “you” is a reference to the original purchaser who simultaneously purchased both the Device and this Warranty and includes any person or entity to whom the Device covered by this Warranty is transferred as provided herein. All of your rights and our obligations under this Warranty are subject at all times to the terms, conditions, exclusions and limitations set out herein.
ONLY THOSE SERVICES LISTED BELOW THAT HAVE BEEN PAID FOR AT THE TIME OF PURCHASE OF THIS WARRANTY ARE AVAILABLE TO YOU UNDER THIS WARRANTY.
Where a procedure is set out, you must follow it or we will not be bound to fulfil any of the terms of this Warranty or render the Services.
DEVICE COVERED AND TERM
- This Warranty agreement sets out all of the terms, conditions and limits of our obligations hereunder in respect of the single Device purchased with this Warranty. You must purchase a separate Warranty for each Device and ensure that at the time of purchase of the Warranty, that the Services you require have been paid for.
- This Warranty does not cover any add on, after market, peripheral or accessory items fitted to the Device. This Warranty applies only in the Republic of South Africa (“RSA”) and does not require us to fulfil any obligations or to render any Services outside of the RSA.
- This Warranty and the availability of the Services described herein, commences on the day of original purchase of both the Device and this Warranty. The cover in this Warranty and all of our obligations will end automatically and without option of renewal at midnight on the THIRD anniversary of the date of original purchase of the Device (“the Term”).
- The Repair Service (Only Applicable if Selected) If the Device loses its functionality during the Term of this Warranty arising from a failure as a result of defective parts or workmanship, then we will assist you to maintain or restore functionality by either repairing the Device or, at our election, replacing the Device; and
- The Services that are available to you during the Term of this Warranty, in terms of and subject to the terms, conditions and limits of this Warranty, consist of such of the following services that you have paid for :
- The Indemnity. (Only Applicable if Selected) We undertake to procure and maintain for the Term of this Warranty, insurance cover in our name from a registered Insurer so that if the Device, EXCLUDING DESK TOP COMPUTERS, is damaged as a result of an unexpected and unintentional event (“Accidental Damage”), the Insurer will, subject to payment by you of the excess set out below, either repair the Device or, at their election, replace the Device. This Indemnity is limited to damage or loss to the Device caused by Accidental Damage. The cover under the indemnity is limited to 3 claims for this Service during the Term of this Warranty. The excess payable (all amounts excl VAT) is R250 where the purchase price of the Device is R5000 or less; R500 where the purchase price of the Device is more than R5000 but less than R10000; R750 where the purchase price of the Device is R10000 or more, but less than R15000; and 10% of the purchase price of the Device where the purchase price of the Device is R15000 or more.
- The Data Recovery Service (Only Applicable if Selected). If the Device, EXCLUDING TABLETS, suffers any incident or defect which entitles you to call on us to render the Services (“Incident”) and as a result of the Incident you cannot access or read the data or information stored on your Device, then we will attempt, but without warranting that we will be able, to recover the data or information on the Device, using the Seagate Data Recovery protocols and processes and if we are successful we will either restore the data and information to the Device or, at our election, copy any recovered data or information to a USB memory stick(s) or other storage medium(s), which we will return to you but in all cases without obligation to re-install the data or information. The Data Recovery process may necessitate us sending the Device or part thereof outside of the RSA, at our cost, in which event any time periods set out herein will not apply. The Device or parts thereof will most likely be damaged or even destroyed during the rendering of this Service. You must make sure that the data and information on the Device has been and is backed up regularly to an independent back up storage device. We will not compensate you for nor be liable for any damage caused by the rendering of this Service or if the Data Recovery Service is unsuccessful either in whole or part. The maximum size of the data or information that we will be required to attempt to recover is 1 TB (one Terabyte). We do not guarantee that any data or information will be recoverable and cannot and do not guarantee which data or information on the Device is or may be recoverable, if any. Our obligation and liability with regards to any loss or corruption of or inability to access or read any data or information and in respect of Data Recovery, is limited to attempting the Data Recovery as set out herein only. The cover under the Data Recovery Service is limited to 1 claims for this Service during the Term of this Warranty.
- Loan Device. (Only Applicable if Selected)If you make a Valid Claim, as described in clause 7, for any Services in terms of this Warranty then, subject always to availability and to the terms, conditions and limits in this Warranty Agreement, we may make available to you, on request, a loan device (“Loan Device”) which may be used by you (and no one else) for up to 14 days or until we return the repaired or replaced Device to you or demand return of the Loan Device, whichever occurs first (“Loan Period”).
- Loan Devices are not available in the event of the manufacturer issuing a product recall (clause 20) that includes the Device. The Loan Device will be delivered to you, at our cost, within the RSA at the time of collection of the Device. The Loan Device is not new but will be in good working order and condition. The Loan Device may not necessarily be the same size, brand or have the same specifications or be of equal capability and functionality to that of your Device. Loan Devices are only provided for tablets, notebooks and desktop computers (no monitors). The Loan Devices (desktops/notebooks) which are issued at our discretion, will have either an I5 processor with 4GB Ram and a 250GB HDD or, an I7 processor with 8 GB Ram and a 500GB HDD. These Loan Devices will be loaded only with a Windows operating system. Loan Devices (tablets) which are issued at our discretion, will be either 9” or 11” tablets loaded only with an Android operating system. We may change the specifications of the Loan Devices from time to time.
- Our provision and your use of the Loan Device is also subject always to our prevailing Loan Device Use Terms as amended from time to time. The Loan Device Use Terms are available on the web site: www.t-care.co.za and on request. You are advised to familiarise yourself with these terms before requesting a Loan Device from us. We reserve the right to require you to sign a copy of the Loan Device Use Terms on delivery of the Loan Device but whether we do so or not, the prevailing Loan Device Use Terms will apply if we supply a Loan Device.
- None of the Services or terms of this Warranty entitle you to any financial compensation or other payment.
- Should you need and elect to avail yourself of any of the Services during the Term of this Warranty, you must contact the T-Care Support Desk within 30 calendar days of the Incident or event giving rise to the claim for the Service. The claim for the rendering of the Service must be made in that time by calling telephone number 0861 282 285 or emailing details of the claim and the information listed hereafter to firstname.lastname@example.org.
- When making a claim for the rendering of any Service you must provide us with the serial number and description of the Device. We reserve the right to require that you provide proof to our reasonable satisfaction of the purchase of the Device and Warranty if we, for any reason, are unable to verify that the Device is covered by a Warranty that has not expired. You must also give us a frank, full and honest account of the Incident leading to the claim. If we so request at any time , you must send us proof, to our reasonable satisfaction, of any or all of the a foregoing and provide us with any further information we reasonably require before we are required to perform any actions or further actions hereunder. Only timeous valid claims for Services arising out of an Incident or event that occurred during the Term of this Warranty which is made in accordance with the procedures in this Warranty and is covered by this Warranty and not excluded or otherwise limited by the terms hereof (“Valid Claims”) will be processed and oblige us to render the Services.
- In the event of a Valid Claim for Data Recovery Services the T-Care support desk will arrange, at our cost, for a courier to fetch the Device within the RSA, as soon as practically possible for delivery to a service centre for assessment in the event of a Claim for Data Recovery Services and advise you on the steps that will be taken after assessment.
- In the event that any claim is determined to be a Valid Claim covered by the Indemnity then you are required to pay the excess in clause 4.2 before the claim is processed. In the event of a Valid Claim under the Indemnity, we will arrange, at our cost, for a courier to fetch the Device within the RSA, as soon as practically possible for delivery to a service centre for assessment. We will use our best efforts to return the repaired or replacement Device to you within 7 business days of collection of the Device under a Valid Claim made under the Indemnity,
- Repair Services – Fetch, Repair and Return
- In the event of a Valid Claim for Repair Services, we will arrange, at our cost, for a courier to fetch the Device within the RSA as soon as practically possible for delivery to a service centre for assessment. We will use our best efforts to return the repaired or replacement Device to you within 7 business days of collection of the Device under a Valid Claim for Repair Services. Subject to clause 30, if we are unable to repair the Device under a Valid Claim for Repair Services within 7 business days of collection of the Device then we will, at our election, replace the Device either with a new or a refurbished Device.
- You will be notified within 2 business days from collection of the Device and given reasons if there is any dispute that a claim is a Valid Claim covered by this Warranty or if we elect to replace the Device before expiry of the period in clause 10 with either a new device or a refurbished device with at least equivalent specifications, performance and quality to the Device.
- Repair Service – Onsite/ Remote (Applicable to Stock Keeping Units Only)
- Onsite technical support on the Devices to return them to operating condition may be elected subject to the following conditions:
- The site must be within an 80 kilometre range from the following locations:
- Cape Town
- Calls logged before 03:00 will be attended to during the course of the following business day.
- Prior to providing onsite technical assistance we shall attempt to isolate, diagnose and repair the Device to working order remotely.
- For incidents that cannot, in our judgement, be resolved remotely, one of our authorised representatives will provide onsite technical support on Devices to return them to operating condition. We may, however, at our sole discretion elect to replace such products in lieu of repairing them.
- Replacement products are new or functionally equivalent to new in performance.
- Replaced products then become our property.
- Once our authorised representative arrives at your site, the representative will continue to deliver the service, either onsite or remotely, at our discretion until the Device is repaired.
- Work may be temporarily suspended if parts or additional resources are required, but work will resume when they become available.
- The site must be within an 80 kilometre range from the following locations:
- Onsite technical support on the Devices to return them to operating condition may be elected subject to the following conditions:
- The Device shall be considered as repaired when it operates and performs as set out in the OEM’s specifications for the Device.
- 13. When rendering any of the Services we will procure that either OEM parts or parts that are equivalent in quality and performance are used when effecting a repair. The parts may be refurbished. If we elect to replace the Device or if we are required to replace the Device as described in clause 10, then we will replace the Device with a new or, at our election, refurbished device of the same model or if not reasonably practical, as we reasonably determine, then with a device of at least the same value, performance and specifications. If the Device is replaced under this Warranty during the Term then the replacement item shall be deemed and regarded for all purposes hereunder to be the Device and shall be covered for the remainder of the Term. We will procure delivery of the repaired or replacement Device to you at a physical address of your choice, in the RSA, at our cost.
- Before a Device is given to us to render any of the Services under this Warranty, you agree to and shall be solely responsible for:
- The back-up of all of the data and information on the hard drive(s) and any other storage media in the Device. You are also solely responsible for removing any and all confidential, proprietary or personal information and removable media such as SIM cards, DVDs/CDs or PC Cards. The Services rendered under this Warranty may result in the deletion of the contents of the Device, reformatting thereof or the application of other processes that are destructive and cause the loss of data or information. You are required to regularly back up (and verify such back-ups) all data and information stored on the Device.
- Removing from the Device any parts, associated equipment and third party peripherals, memory expansion card, PC cards or accessories not covered by this Warranty;
- Ensuring that the Device or part is free of any legal obligations or restrictions that prevent its repair or replacement;
- Ensuring that the Device is not password protected to enable us to fulfil our obligations under this Warranty and to assess any claim or verify that the Device has been repaired.
- Providing us with all system keys or passwords and sufficient, free, and safe access to your premises, where applicable, to perform any obligations in terms of this Warranty.
TRANSFER OF WARRANTY
- The Warranty attaches to the Device and may be transferred by you with the Device. Neither the Term of this Warranty nor any of our obligations will be extended by any transfer of the Device.
TRANSFER OF WARRANTY
- To the fullest extent permitted by law, our maximum liability under this Warranty or arising from any act or omission, is agreed to be limited to and shall not exceed the original purchase price of the Device.
- We will not be responsible for any of your confidential, proprietary or personal information or data on the Device or any loss or corruption or misuse thereof for any reason at all and howsoever arising.
- Any defective parts which we replace (or in the case where we elect to replace the Device then the Device itself) shall become our property for no compensation.
- 19. Unless this Warranty expressly provides otherwise, this Warranty does not cover the Device or entitle you to any of the Services herein, in respect of and does not apply :-
- If the Device is subject to fire, flood, dampness in the atmosphere or rusting or corrosion;
- To any theft of the Device or any fraud committed in respect of the Device;
- To any failure of the Device to turn on, on purchase or failure as it is turned on or failure within such period as the OEM defines as constituting an “Out of Box Failure” or “Dead on arrival” or similar failure entitling you to a replacement of the Device (Refer to clause 21 in this regard). If the OEM denies any claim made under any of the circumstances in this clause then we shall similarly not be liable under this Warranty;
- To any defects which are subject to OEM recall or which are covered under a OEM’s program of reimbursement or similar (Refer to clause 20 in this regard);
- To any scratching, marring or denting of the Device that does not affect its operation;
- If there is any damage, malfunction or failure resulting from misuse, abuse, use on an incorrect voltage, voltage supply problems, power surges and dips, load shedding, thunderstorm activity, lightening, hail, rain or weather conditions, war, civil unrest and acts of God;
- To the replacement or repair of any consumables (including, but not limited to, batteries, power supplies, stickers, packaging and cables), or lost parts or accessories;
- To normal or fair wear and tear, aging of the Device, routine maintenance, cleaning, lubrication, adjustments or alignment;
- If the Device has been used in a manner other than for which it was originally designed or contrary to its specifications;
- If the Device or part thereof has been opened or tampered with or manipulated or repaired by anyone other than us or the OEM or any person or entity duly authorised by us
- If the logo, rating label or factory-applied serial number has been altered defaced or removed from the Device;
- If there has been unauthorised repairs by any persons, use of defective or incompatible accessories, the operation of a computer virus or other malware of any kind, improper site conditions, or entry by any insect, vermin or foreign object in the Device or any physical damage to the Device caused in circumstances where the Indemnity contained in this Warranty does not apply;
- To the restoring or replacement of any software on the Device or settings to or configuring the Device or to the rendering of any software support
- To software related faults or software viruses or other malware, or the use of pirated or unlicensed software;
- To effect any preventative maintenance or repair any cosmetic damage;
- To screen burn;
- To the appearance of structural items, such as the housing, case or frame, decorative parts or parts designated to be replaced periodically during the life of the Device, add-on items, or attachments, external wiring and cabling, antennas, remote control, cosmetic parts, key tops, printed letters on key tops, lids or other stationary parts, or to the appearance of parts such as interior or exterior finishes or trim and all other consumables;
- To any claims that are false or fraudulent or intentionally exaggerated or if any false declarations or statements are made in support thereof;
- To any software program, data or other information stored or residing on any media or any part of the Device covered by this warranty;
- To any claim arising from misplacement, reckless, abusive, wilful or intentional conduct;
- To Tablets insofar as Data Recovery Services are concerned and to desk top computers in so far as the Indemnity is concerned;
- Where there is no valid Warranty or Valid Claim;
- To any of the Services that have not been paid for at the time of purchase of the Warranty.
- Recall Of Device By OEM
In the event that the OEM of the Device issues a product recall that includes the Device then you must return the Device to the sales outlet that sold you the Device and claim under the OEM warranty. Please contact the support desk who will guide you through this process and explain what you must do. This Warranty shall automatically transfer to any replacement device provided by the OEM, for the balance of the Term, which will then be deemed to be the Device for all purposes hereunder. You must provide us with the details and serial number of the replacement device provided by the OEM
- Out Of Box Failure
In the event of any failure of the Device as envisaged in clause 19.3 entitling you to a replacement of the Device, please contact the support desk who will assist you by arranging to collect the Device, assist in the processing of your claim against the OEM, arranging delivery of the Device to the OEM and passing a credit note to your account for an amount equal to the value of the replacement of the Device. Where we reasonably require any information or action by you in connection with this you must provide such information or assistance. If the OEM denies any claim made under any of the circumstances then we shall similarly not be liable under this Warranty;
- There shall be a “cooling off” period of 7 days from date of purchase of the Warranty during which time you shall be entitled to cancel the Warranty and be repaid your purchase price provided that you have not submitted a claim under this Warranty.
THE FOLLOWING LIMITATIONS SHALL APPLY:
- TO THE MAXIMUM ALLOWED BY LAW, UNDER NO CIRCUMSTANCES SHALL WE OR ANY SUB CONTRACTOR, SERVICE PROVIDER, OR AFFILIATE OR ANY EMPLOYEE OR OFFICER OR DIRECTOR OR AGENT OF ANY OF THE AFOREGOING BE LIABLE FOR ANY DAMAGES INCLUDING INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE, (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR LOSS OF BUSINESS, DATA OR INFORMATION, GOODWILL, INCONVENIENCE, DELAY, LOSS OF PROFITS, INTERRUPTION OR LOSS OF AVAILABILITY OF DATA, COSTS OF RECOVERING, REPROGRAMMING OR REPRODUCING ANY PROGRAMMES OR DATA OR THE FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA OR LOSS OR DAMAGE OR ALTERATIONS TO THIRD PARTY SOFTWARE OR PROGAMMES, DATA OR INFORMATION STORED ON ANY MEDIA OR ANY PART OF THE DEVICE), NO MATTER HOW OCCURING AND WHETHER IN LEGAL PROCEEDINGS BASED ON CONTRACT OR DELICT OR BASED ON A WARRANTY OR CONDITION OR ANY OTHER LEGAL GROUNDS ARISING OUT OF OR IN CONNECTION WITH ANY ACT OR OMISSION OR OBLIGATION IN TERMS OF THIS WARRANTY.
- WE DO NOT WARRANT THAT WE WILL BE ABLE TO RENDER ANY OF THE SERVICES HEREUNDER WITHOUT RISK TO OR LOSS OF PROGRAMES OR DATA OR INFORMATION ON THE DEVICE.
- THE PARTIES AGREE THAT THE REMEDIES SET OUT HEREIN ARE EXCLUSIVE AND THAT COMPELLING US TO PROVIDE THE SERVICES AS APPLICABLE AND DESCRIBED IN THIS WARRANTY ARE YOUR SOLE AND EXCLUSIVE REMEDIES AVAILABLE FOR ANY BREACH BY US.
- WE EXCLUDE ALL OTHER WARRANTIES, CONDITIONS, TERMS, REPRESENTATIONS AND UNDERTAKINGS, WHETHER EXPRESS OR IMPLIED TO THE FULLEST EXTENT POSSIBLE IN LAW. CESSION AND ASSIGNMENT
- We reserve the right to cede any of our rights hereunder to a third party or third parties.
- We specifically reserve the right, without notifying you and without the need to obtain your permission, to change any supplier, process or product named or described herein to a suitable equivalent and to sub-contract or outsource or to assign any or all of our obligations under this Warranty to a suitably qualified third party or third parties.
You agree that we may collect, use, store, process and disclose information for:
- All purposes associated with the provision of the Services available under this Warranty;
- Any communications about Devices and Services which we and our affiliates may provide to you, including but not limited to customer satisfaction level survey’s and any Device recalls or safety issues;
- Implementing the terms and conditions of this Warranty;
- Complying with any legal requirements.
- 29. Information provided by you under this Warranty will not be sold or disclosed to any third party. Our Agents or contractors who have access to your personal information, will use it only to enable us to comply with our obligations under this Warranty. If you agree, we may use this information to update you on Warranty Devices, special offers, and updated information.
- Where any time period imposed on us cannot be met due to any circumstances beyond our reasonable control or where you do not co-operate to facilitate our access to the Device or fail to provide any information we reasonably require to fulfil our obligations hereunder, the time periods shall be automatically extended by the period of the delay.
- If this Warranty or any of the Services is found to be invalid or unenforceable or to be unlawful for any reason then we shall be entitled to cancel this Warranty and your sole remedy shall be to be repaid the purchase price of the Warranty. If any provision of these Terms and Conditions is held to be invalid by any law or regulation of any government or by any court and we have not cancelled as set out above, such invalidity will not affect the enforceability of other provisions in these Terms and Conditions.
- Where this Warranty allows us to make any election we may make the election as we in our sole discretion decide. We also reserve the right to change any election we make if it becomes impractical or unreasonably difficult to proceed with our first election for any reason.
- The terms and conditions of this Warranty are subject to the Consumer Protection Act 68 of 2008 (CPA) and in no way override or circumvent any rights that you may have either under the CPA.
- We will take reasonable care to ensure that all Services under this Warranty are performed in a workmanlike manner by competent and trained individuals utilising generally accepted industry standards and practices.
- This Warranty sets out the entire understanding of the parties regarding its subject matter, and completely supersedes and negates any other related prior or contemporaneous representations, understandings, or agreements. No term, condition or warranty which is not contained herein shall be of any force or effect.
- Neither this Warranty nor any term may be cancelled, varied, or waived other than in writing expressly providing therefor and signed by us other than by electronic signature.
- The Laws of the Republic of South Africa shall be the laws governing this Warranty.
- We may communicate any general notices or information relating to the Warranty or the Device by notice on our website www.t-care.co.za. It is your obligation to check the website regularly. You may also call or email us to enquire about any notices or communications.