TERMS AND CONDITIONS OF SALE
entered into by and between
BESTECH (PTY) LTD,
registration nr: 195400241107
1.TERMS AND CONDITIONS
1.1 THE CUSTOMER WILL FROM TIME TO TIME PLACE ORDERS TELEPHONICALLY WITH BESTECH OR FORWARD ITS PURCHASE ORDERS TO BESTECH.
1.2 The CUSTOMER agrees that the products supplied by BESTECH to the CUSTOMER are supplied subject to these TERMS & CONDITIONS.
2. PAYMENT AND BREACH BY CUSTOMER
2.1 The purchase price for the products supplied to the CUSTOMER will be payable as per the latest price list and/or the invoiced amount.
2.2 Should the CUSTOMER fail to make any payment as indicated in clause 2.1, or be in breach of any other provision of these TERMS & CONDITIONS, BESTECH will afford the CUSTOMER 5 (five) business days’ written notice to remedy its breach of these TERMS & CONDITIONS. Should the CUSTOMER fail to make payment within the notice period, BESTECH will be entitled to:
2.2.1 Claim that all and any outstanding amount be paid by the CUSTOMER as well as any damages incurred by BESTECH, or
2.2.2 Cancel the sale agreement between BESTECH and the CUSTOMER and to:
188.8.131.52 Claim actual damages incurred OR
184.108.40.206 Retain all payments already made by the CUSTOMER as pre-estimated liquidated damages.
2.3 Besides the remedies afforded to BESTECH in terms of this clause, BESTECH will also be entitled to charge on any overdue amounts payable by the CUSTOMER interest at a rate 3% per annum above the prime overdraft rate charged by BESTECH’s bankers to BESTECH.
3.BREACH BY BESTECH
3.1 Should BESTECH be in breach of any provisions of these TERMS & CONDITIONS, the CUSTOMER will afford BESTECH 5 (five) business days’ written notice to remedy such a breach.
3.2 If BESTECH does not remedy its breach within the notice period afforded in terms of clause 3.1, the CUSTOMER will be entitled to claim specific performance or damages from BESTECH or to cancel these TERMS & CONDITIONS and claim damages.
3.3 Should any party to these TERMS & CONDITIONS have to incur legal costs to enforce these TERMS & CONDITIONS against a party in breach, the party in breach will be liable for all such legal costs on attorney and own client scale.
4. PRODUCT SPECIFICATIONS AND STANDARDS
4.1 The terms “defect”, “failure”, “hazard” and “unsafe” and any derivative thereof shall have the same meaning as described to it in terms of section 53 of the Consumers Protection Act of 2008 (hereinafter “the CPA”), which the parties to the TERMS & CONDITIONS declare themself fully acquainted with. Reference to “consumer” will also have the same meaning as described to it by the CPA.
4.2 The Parties take cognizance of the provisions of section 55 of the CPA that every consumer has a right to receive products that are reasonably suitable for the purposes for which they are generally intended, are of good quality, good working order, and free of any defects, will be usable and durable for the reasonable period of time, having regard to the use to which they would generally be put, and to all the surrounding circumstances of their supply and comply with all applicable standards. Furthermore in terms of section 56 of the CPA it is impliedly warranted that products comply with the requirements of the provisions of section 55 of the CPA.
4.3 Additional to any warranty supplied to a consumer in terms of the CPA, the CUSTOMER undertakes to when dealing with consumers as regards to the products supplied by BESTECH, also provide the customer with the User Guide and warranty provided by BESTECH. The CUSTOMER therefore undertakes to include or duplicate the above User Guide and Warranty in any documentation provided by the CUSTOMER to a consumer. The Customer will ensure that the warranty record is completed including the consumer contact detail, keep a record of this and ensure that it is also e-mailed to Bestech:
4.3.1 “WARRANTY BY BESTECH”
220.127.116.11 Should any of the Bestech products – or any part thereof, under normal use and conditions, be proven defective, due to material workmanship within 12 (twelve) months of the date on which the product is installed, such defects will be repaired or the product will be replaced by BESTECH without any charge for the parts.
18.104.22.168 To obtain repair or replacement within the terms of this warranty, the end user/consumer must take the vehicle to the fitment centre that installed the product or to a fitment centre recommended by Bestech, to inspect the installation, as malfunctioning is usually installation related and not product related. Before removing the product from the vehicle, they must contact Bestech, who will guide them through a few tests to determine the cause of the problem. Bestech may arrange for one of their technicians to inspect the installation or authorise that the product be removed and returned to Bestech, with copies of the warranty record, the relevant invoice and a specification of the defects and transportation prepaid to BESTECH, 154 Edison Crescent, Hennopspark, Centurion.
22.214.171.124 This warranty does not cover the costs incurred for removal or reinstallation of the product, or damage to the vehicle.
126.96.36.199 This warranty does not apply to any product or part thereof which in the opinion of BESTECH has been damaged through alteration of the product by someone else than BESTECH, poor, faulty or incorrect installation of the product contrary to instructions for installation provided by BESTECH to the installation centre, mishandling, misuse, neglect or accident.
188.8.131.52 This warranty is additional to any warranty provided in terms of the Consumer Protection Act 68 of 2008.”
4.4 The CUSTOMER undertakes at all times to ensure that:
4.4.1 The products supplied by BESTECH are installed by a BESTECH Approved Installer.
4.4.2 The highest standard of installation is maintained.
4.4.3 Each installation is checked by a qualified supervisor and that the vehicle in which the product is installed, is delivered only if the product system functions 100% as intended.
4.4.4 In case of any uncertainty, to phone BESTECH to ensure that the product functions correctly.
4.4.5 In case a new installer is employed by the CUSTOMER, who is not a current BESTECH Approved Installer, he or she is sent for training and only employed to do BESTECH installations after he or she has been certified by Bestech as a BESTECH Approved Installer.
4.5 BESTECH will not be liable for any damages or losses of the CUSTOMER and / or consumer as a result of the products being installed incorrectly by the Customer/fitment centre, into the vehicle of the consumer. The CUSTOMER therefore indemnifies BESTECH against any claims by a consumer in this regard.
4.6 The parties agree that should a consumer claim that products delivered by BESTECH are defective, hazardous or unsafe or as a result of product failure, BESTECH and the CUSTOMER will first ascertain if such defect, hazard or product failure is not the result of defective installation or subsequent alteration by the CUSTOMER or consumer before BESTECH will replace or repair any defects in terms of the warranty provided to the consumer. The following procedure must be followed:
4.6.1 The CUSTOMER will contact BESTECH while the vehicle is at the CUSTOMER’s premises to try and resolve the problem telephonically.
4.6.2 If it cannot be resolved telephonically a date must be agreed upon to suit the CUSTOMER and BESTECH’s technician who will then inspect the installation in order to determine the cause of the problem.
4.6.3 Products returned by either the consumer or the CUSTOMER which were supplied correctly by BESTECH will carry a handling fee.
4.7 The CUSTOMER undertakes to within 72 (seventy two) hours (or such period agreed with BESTECH) after receiving the products, ordered from BESTECH, to report any defects or shortages in the product received from BESTECH.
5.1 The CUSTOMER hereby consents to the jurisdiction of the Magistrate’s Court having jurisdiction over the person in respect of all legal proceedings connected to this these TERMS & CONDITIONS notwithstanding that the value of the matter in dispute might exceed the jurisdiction of a Magistrate’s Court. Notwithstanding the above the parties are entitled to institute action in the High Court having jurisdiction.
5.2 It is expressly agreed by the parties that the delivery of the products to the premises of the CUSTOMER, as indicated in the title pages, will be for the cost of BESTECH. Any risk as regards to the products will pass on to the CUSTOMER upon signing BESTECH’s delivery note or the courier company’s delivery note/waybill. Products will be deemed delivered to the CUSTOMER upon signing BESTECH’s delivery note or the courier company’s delivery note/waybill.
5.3 Ownership pertaining to the products will remain with BESTECH until the full purchase price payable as consideration for the products, has been paid by the CUSTOMER.
5.4 These TERMS & CONDITIONS shall constitute the entire Agreement between BESTECH and the CUSTOMER and no relaxation, extension of time, latitude or indulgence by the BESTECH shall constitute a waiver by the BESTECH of BESTECH’S rights in terms of these TERMS & CONDITIONS.
5.5 Any alteration or amendments shall only be of force if it reduced to writing and signed by BESTECH and the CUSTOMER.
5.6 Each Party chooses domicilium citandi et executandi for all purposes relating to these TERMS & CONDITIONS as indicated in the title pages attached hereto/ or as per invoice delivery address and shall be entitled in its discretion to give any notice and to serve any process by hand delivery, and/or email to the mentioned domicilia:
5.6.1 Hand delivery will be deemed received by the addressee on the day of delivery if delivered at the domicilium of the addressee;
5.6.2 E-mails will be deemed received on date as indicated on delivery report.
5.7 The CUSTOMER agrees to the following:
5.7.1 BESTECH may make reasonable enquiries to any third party to verify and research and details provided by the CUSTOMER, on the credit application included in the title pages attached hereto;
5.7.2 BESTECH is entitled to do credit checks on the CUSTOMER in assessing the CUSTOMER for providing credit;
5.7.3 BESTECH is entitled to disclose any details pertaining to the CUSTOMER’S account with BESTECH to any credit bureau or credit provider.
6. PRODUCT RECALL
6.1 BESTECH may at any time initiate a product recall if BESTECH decides in its sole discretion the product do not conform to safety standards applicable from time to time, or if it may otherwise cause safety or health issues. Such a recall may be initiated if BESTECH has become aware or suspects that products do not conform with the aforegoing requirements or as a result of a consumer complaining or reporting on product failures, defects, or hazards or personal injury, illness, or damage to the property.
6.2 The CUSTOMER is also under an obligation to inform BESTECH should it become aware of any of the circumstances referred to in clause 6.1 above. It will be in the discretion of BESTECH to initiate a product recall in this instance.
6.3 In the event that BESTECH decides to implement a recall, it will afford the CUSTOMER with 15 business days’ notice of the date on which the recalled products are to be collected. The CUSTOMER will be obliged to return all recalled products to BESTECH which shall be collected by BESTECH from the CUSTOMER’S premises and forthwith issue a credit note to the CUSTOMER in respect thereof. The CUSTOMER shall forthwith remove any trade names or own brands of the CUSTOMER of the product so returned, if applicable.
6.4 It is the duty of the CUSTOMER to keep record of the contact details of each consumer that purchased a Bestech product from the Customer, so that the products can be located, if a product recall is performed in terms of this clause 6.