TERMS AND CONDITIONS
- “Goods” means any hardware, including computers, equipment, accessories, together with any software supplied by Supplier.
- “Services” means any consulting, installation, training, trouble-shooting or other services agreed upon and supplied by Supplier.
- “Supplier” means AOLC On-line CC.
- All goods and/or services sold and delivered by Supplier to Client are subject to these terms. Client accepts these Terms and Conditions on placing of an order with Supplier, including the placing of any orders in the future.
- Prices are quoted excluding VAT unless otherwise specified.
- Standard terms of payment are 50% deposit payable on placing the order. The balance is payable on delivery of the goods/services, unless otherwise agreed in writing.
- Any additional goods/services required by Client that were not included in Supplier’s original quotation will be quoted for, and will only be delivered once the quote is accepted by the Client.
- Prices may be increased as a result of any increase in transport charges, delivery costs, sales or import costs, or any duties or levies. Supplier will, in such instance, provide a new quote for Client’s approval, together with reasons for the increase.
- Any support provided by Supplier is charged at Supplier’s standard hourly rates (the price list will be provided to the Client), with telephonic support calculated in 15 minute intervals, and the minimum charge for onsite support is one hour where after onsite Support is calculated at 30 minute intervals.
- Supplier’s quotation to Client is valid for 7 (seven) days. The quoted price does not include expenses, such as transport costs, and any accommodation and subsistence expenses, incurred by Supplier in the delivery of the goods and/or services. These expenses will be quoted separately and charged to the Client.
- Outstanding amounts will incur interest at 2% per month.
- Where applicable, Client will test and approve the goods/services within 24 hours following delivery / installation.
- If Client defaults in the payment of any amount, and remains in default for 14 (fourteen) days after receipt of written demand, Supplier may claim specific performance, or terminate this agreement, take possession of the goods, and claim damages.
- Delivery dates will be approximate based on the latest information available to Supplier.
- Client may not return or exchange any goods unless agreed to by Supplier. If Supplier accepts the return or exchange of any goods, being unused and in their original packaging, a handling fee will be levied.
- Client will be liable to Supplier for the current selling price of any goods and accessories loaned and delivered to Client, and not returned within 2 (two) working days of Supplier’s request for their return. Returned loan goods must be undamaged, in good working condition, and in their original packaging. The costs of missing accessories, and/or to repair or replace lost or damaged goods will be charged to the Client.
- It is Client’s responsibility to determine whether the goods/services are suitable for the intended use. Supplier will not be liable if the goods/services are in any way incorrect or inapplicable for the intended use, industry or environment.
- Where use of the goods/services is dependent on a website provided or maintained by Supplier, Supplier will make all reasonable effort to ensure the website is available at all times, but will not be liable for any downtime or failure of the website.
- Although all reasonable effort is made, Supplier does not guarantee that services will be rendered or transmitted error free or without virus, or that the services are secure from unlawful access. Supplier will endeavour to protect Client’s data, but Client remains responsible for ensuring its data is backed up. Where Supplier agrees to back Client’s data up, Client understands that corrupt files may cause the back-up to fail in part or in total, for which Supplier cannot be held liable.
- Ownership in goods delivered to Client will only pass to Client once paid for in full. Risk in all goods will pass to Client on delivery. Client will not sell, transfer or otherwise dispose of any the goods, nor will the goods become permanently attached to any property, until they have been fully paid for.
- Goods are covered by a six month warranty that they meet the specifications in Supplier’s quotation. In addition, goods may be covered by a warranty supplied by the manufacturer of the goods. The warranty only remains valid if the goods are not modified and are used under normal conditions. This warranty does not cover goods that have been subject to misuse, neglect, accidental damage, unauthorised repair, acts of God, or tampering.
- Supplier will not supply any installation, maintenance or support unless agreed in writing.
- Any equipment, electrical requirements, cabling (including network cabling) or other infrastructure required for successful delivery and installation, as applicable, will be supplied by Client, at Client’s expense, and will be in place before the scheduled delivery. Supplier will notify Client of any such specifications before delivery.
- Supplier will not be liable to Client or any other person for any indirect or consequential damages, or any loss of income, profit or special damages of any nature, except for such damages that Supplier is liable for in terms of statute.
- If Supplier institutes legal action against Client for the enforcement of payment, Client agrees to pay all costs on the attorney and client scale.
- Client nominates as the address at which it will receive notices and communication the Client’s street address as advised by Client from time to time in writing.
- No indulgence granted by Supplier will waive Supplier’s rights or prevent Supplier from enforcing compliance at any time.
- This agreement constitutes the whole agreement between the parties. No addition, amendment or cancellation will be of effect unless in writing and signed by both parties.