1.1. Goods may be guaranteed under the manufacturer’s product specific warranties only, and all other guarantees and warranties including common law guarantees and warranties in relation to goods and services are hereby specifically excluded by the supplier.

1.2. All guarantees are immediately null, and void should any equipment be tampered with or should the “seals” on the equipment be broken by anyone other than the supplier or its appointed nominee, or should the goods be operated outside the manufacturer’s specifications.

1.3. To be valid, guarantee claims must be supported by the original tax invoice and the goods must be in their original packaging and must be accompanied by all accessories and manuals must be intact. All items must be returned in “as new” condition.

1.4. No warranties whether express or implied shall apply, other than those provided in this contract. The supplier specifically disclaims the implied warranty of merchantability and fitness for a particular purpose. No representation or warranty, including but not limited to statements of capacity, suitability for use or performance made by employees of the supplier shall be considered to be a warranty by the supplier. Any such statements made shall not give rise to any liability or whatsoever nature on the part of the supplier, its employees, subcontractors or subsidiaries. The supplier will not be liable to the customer

1.5. For any loss, damage or expense of any nature, whether direct, special, indirect or consequential, including but not limited to loss or profits arising out of the supplier’s performance or customers’ use of the goods or services rendered.

1.6. The customer indemnifies and holds the supplier (including its employees, subcontractors or subsidiaries) harmless against all claims of whatsoever nature that may be brought or threatened against the supplier by any third party arising from or in connection with any defect, latent or otherwise in any goods supplied and/or services rendered by the supplier.

1.7. The customer shall not duplicate copyrighted material. In the event of the customer duplicating copyrighted material, each attempt to do so will immediately render the full prevailing price in respect thereof payable to the supplier.

2.1. Whilst the supplier is under no obligation to accept the return of goods, the customer may apply to the supplier for permission to return goods and if written permission is given –

2.1.1. the customer may return any defective goods to the premises of the supplier or its nominee at the customer’s own cost.

2.1.2. any item delivered to the supplier will form the object of a pledge in favour of the supplier for present and past debts of the customer to the supplier and the supplier will be entitled to retain such pledge as a value determined as follows:

2.1.2.1. the difference between the selling price and the value of the goods at the time that the debt became due.

2.1.2.2. the value of any repossessed goods or retained pledge goods will be deemed to be the value placed on them by any sworn valuator after such repossession and such valuator will be prima facie proof of the value.

2.1.3. in the event of a cancellation of an order by the customer for goods accepted for return by the supplier, the supplier reserves the right to charge a handling fee of up to 15% (fifteen) on the value of the order cancelled or goods returned.

2.1.4. the credit control department must be notified of the relevant invoice, packing slip and batch numbers before any claim will be considered.

2.1.5. the supplier will follow the policies on any returned and/or faulty goods as prescribed by the vendor responsible for the brand of goods. Details of prescribed vendor policies are obtainable from the supplier.

3.1. The supplier, in its sole discretion, may substitute for any goods specified in this agreement such other goods which the supplier may deem suitable substitutes.

3.2. The specifications pertaining to the goods may be altered as conditions warrant without notice by the supplier. Should for whatever reason any material or goods specified in this agreement become unavailable, the supplier may substitute same with any suitable alternates to enable it to perform its obligations.

4.1. The customer shall assume sole responsibility to ensure that the goods selected are suitable for its purposes and in accordance with its specifications.

5.1 The supplier’s liability in terms of a manufacturer’s warranty is restricted to, in the supplier or the manufacturer’s discretion, the cost of repair or replacement of faulty goods or services or the granting of credit.

5.2 In the case of repairs undertaken by the supplier repair quotes given are merely estimates and are not binding on the supplier.

5.3 The customer hereby agrees that any item returned for a repair may be sold by the supplier to defray the cost of such repair if the item remains uncollected for a period of 30 (thirty) days after the repairs have been completed.