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    TERMS & CONDITIONS

    OWNERSHIP AND RISK

     

    1. The risk in and to any goods from DWS shall pass to and vest in the customer from the time the goods are signed for and/or, immediately upon delivery to the customer or to the address nominated by the customer for delivery as set out on the reverse side of this document. In the case of delivery by any other party including delivery by freight, liability for the goods passes to the customer at the time the goods leave DWS. The customer further acknowledges that unless it notifies DWS within 10 days of delivery in writing of any defect, it acknowledges that the goods were delivered in good condition.

     

    DELIVERY

     

    2. Delivery shall be effected at the customer’s nominated address, which address is recorded hereunder.

    3. The customer acknowledges that he/she may inspect the goods that are to be delivered to him/her in terms of this agreement. The customer further acknowledges, that should he/she fail to inspect the goods, signature of the delivery note accompanying the goods constitutes an acknowledgment by the customer that the goods have been delivered, inspected and received by the customer in good condition.

    4. The delivery dates agreed to are given in good faith and all reasonable effort will be made to comply with them. In the event that delivery cannot take place at the agreed time, the customer and DWS shall agree to a reasonable extended time period.

    5. In the event that delivery does not take place at the agreed time and location the customer shall have the option to accept the goods at an alternative location to be agreed upon or to terminate the agreement. The customer acknowledges that should delivery not take place as agreed due to any of his actions, then DWS shall have the right to enforce the terms of this agreement.

     

    EXCLUSION OF LOSS, LIBILITY AND WARRANTIES

     

    6. DWS shall not be liable for any loss or damage by reason of the non-delivery of goods or for any delay in executing delivery caused by force majeure, acts of God, war, riots, civil commotion, strikes, lock outs, restrictions by Government and without in any way being limited by the aforegoing generally by any other cause beyond the control of the company .

    7. DWS shall not be liable to the customer or any third party for any damages suffered by the customer or any third party whether general, special, incidental or consequential damages of any nature whatsoever arising out of the use of any of the goods purchased or any defects thereto where the said defect causing damage did not exist in the goods at the time it was supplied by DWS to the customer.

    8. The customer warrants and represents that it hereby indemnifies DWS against all liability and any claims whatsoever by any person whatsoever for:

    •  Any loss or damages arising from loss of market or attributable to delay in forwarding or in transit or failure to carry out fully or in part thereof any instructions given to it for any other consequential loss howsoever arising.
    •  All legal costs arising out of any dispute in terms of this agreement will be determined and claimed on the scale as between attorney and own client.

    9. The customer agrees that any equipment sold to them carries a warranty against defective components and manufacturing for period of twelve months after delivery and that such warranty is valid only if the customer has properly operated, maintained and serviced the equipment. The customer agrees that DWS’s liability shall be strictly limited to the replacement or repair of any equipment at DWS’s discretion for any goods or equipment returned after six months from the date of delivery.

    10. The customer acknowledges and understands that after delivery, the goods shall have left the control of DWS, and that he/she shall be responsible for the unpacking of and connection/installation of the goods. The customer acknowledges that it is his/her further responsibility to ensure that a fully qualified and fully trained technician must be used in order to install the goods to ensure their effective operation. Failure by the customer to ensure the installation of goods, s instructed by DWS, by fully trained and qualified technician, my result in the failure of the goods, injury, loss or damages that might arise by reason of death or personal injury to any person engaged in the installation or use of the goods thereafter and subject to the provisions of the Consumer Protection Act 68 of 2008.

    11. All manufacturers standard warranty terms and conditions will apply, notwithstanding the fact that any goods or components purchased my purport to include certain limited warranties as given by the manufacturer of such goods or components.

    12. In the event of the customer requiring DWS to collect any goods, the customer shall be liable for the reasonable costs associated to such collection.

     

    PAYMENT AND PRICING

    13. The customer shall not be entitled under any circumstances to withhold payment for any goods purchased.

    14. Any discount offered or allowed by DWS to the customer is always subject to payment within 30 days of statement or as otherwise determined by DWS, failing which any discount received falls away.

    15. All prices are subject to change by DWS should there be any legitimate error made by any Employee, agent, servant of DWS in relation to any price quoted to the customer, the customer shall be notified of any price changes .

    16. DWS accepts payment by way of debit card and electronic funds transfers/deposits into DWS’s nominated bank account. No goods will be released by DWS unless full payment in respect thereof has been cleared.

     

    RETURNS AND REFUNDS

    17. All and any returns and/or refunds shall be determined strictly with the terms and conditions as contained herein.

    18. No exchange, credit or refund will be done without the original invoice being presented to DWS.

    19. Goods returned for the credit or refund must be returned in the original condition and original packaging and are to returned within 10 days of delivery. All goods returned that are repackaged in the original packaging are subject to a reasonable handling fee in respect of any consumption or depletion thereof. The customer acknowledges that the right to return the goods shall be limited to DWS’s discretion, in the event that the goods are partially or entirely disassembled, physically altered, permanently installed, affixed, attached, joined or added to, blended or combined with, or embedded within, other goods or property.

    20. It is further agreed that no goods will be accepted for return/exchange and/or refund by DWS after the lapse of six months days from date of purchase.

    21. All electronic goods will be tested before any exchange, credit or refund will be issued.

    22. DWS will not be held liable for any loss or costs incurred due to the failure of a product once installed or for any damages suffered by the customer or a third party due to malfunction of products purchased where the product has been materially altered or has been used contrary to any instructions given by DWS.

    23. Any damage caused by abuse, misuse, unauthorized modifications, incorrect installation, insect infestation, liquid ingress, lightning, power surges, any acts of God or force majeure or tampering will not be covered by DWS.

    24. All faulty goods returned within six months of purchase by the consumer will be refunded, replaced or repaired at the customer’s election.

    25. DWS reserves the right to refuse any warranty claim if the damage is caused by any factors beyond the specifications or performance levels of the product.

    26. In the event that DWS does not have stock of goods which have been purchased, then DWS shall procure the same or similar goods from an alternative source at the same price subject to the customer’s consent. DWS shall not be liable for shortage of stock in circumstances that are beyond the control of DWS.

     

    DEFAULT AND BREACH

    27. If the customer fails to perform any of its obligations when due, DWS my decline to accept further orders or make further deliveries to the customer or may revoke and/or withdraw and/or suspend and/or cancel and/or close the customer’s credit facility/account at any time and any future purchases shall be on terms and conditions s determined by DWS in its absolute and sole discretion.

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