Ongoing Terms and Conditions of Sale with Solution Technologies (Pty) Ltd, Solution Technologies Holdings (Pty) Ltd, Solution Technologies Gauteng (Pty) Ltd and Solution Technologies Cape (Pty) Ltd here after referred to as the Solution Technologies “Group”
1. All goods are sold FOB Randburg. All prices quoted are transport to pay and are dispatched at the risk of the Purchaser. The Seller’s responsibility shall cease when the goods are handed to the Purchaser or to his/its representative. Risk in the goods shall pass to the Purchaser immediately, the goods are dispatched and the Purchaser must arrange adequate insurance.
2. All prices quoted/negotiated are exclusive of VAT.
3. All orders are binding upon the Purchaser (the customer) unless otherwise agreed by the Seller (Solution Technologies Group) in writing. In the case of bespoke or nonstock items a deposit or full payment may be charged before the goods will be ordered from the manufacturers.
4. The Seller shall not be responsible for the non-delivery of the goods or for delays occasioned by any cause beyond the Seller’s direct control
5. Payment for the goods invoiced must be made when the relevant invoices become due for payment. The Purchaser shall not be entitled to deduct any amount from invoices without written authority of the Seller. Interest will be charged on overdue payments as charged by the Seller’s bankers to their prime commercial customers on overdraft. The Purchaser agrees to be held responsible for all costs (including attorney costs) involved in the recovery of any overdue amount owed to the Group and shall pay interest on the amount at 2% above current bank rate
6. The Seller will endeavor to dispatch the goods on or before the date stipulated in this order, but the order shall not be invalidated by reason of late delivery provided that the goods are dispatched within a reasonable period. Time is not the essence of the contract. Part-delivery by the Seller is permissible.
7. Returns policy. The Group has a returns policy and all returns will be handled within the following guidelines:
a. All returns are at the discretion of the Managing Director.
b. The Group will not make a refund if the goods returned are deemed not to be “fit for purpose”. It is the Purchaser’s sole responsibility to ensure the purchased products are fit for purpose.
c. No returns will be accepted after 7 days from the date of invoice.
d. If the Group agrees to accept a return the following conditions will apply:
i. The goods must be in their original packaging and unused.
ii. In the event of item i above not being applicable, the Group reserves its rights to determine what handling fee will be charged and whether or not the goods will be accepted within the returns policy.
iii. In the case of bespoke items returns may not be considered
8. Defective Goods Policy. The Group has a defective goods policy and will be handled within the following guidelines:
a. Any goods deemed to be defective by the Purchaser need to be returned to the Group for verification of the defect.
b. Should returned goods deemed to be defective by the Seller they will be repaired/replaced in terms of the manufacturer’s warranty terms and conditions. It is the responsibility of the Purchaser to acquaint themselves with the terms and conditions of the manufacturer’s warranties.
9. Technical Services Policy.
a. The following applies to any goods returned for repairs:
i. The Group will not be held responsible for any loss or damage to units, from whatever cause, whilst in our possession
ii. Units not collected within 3 months may be sold to defray expenses
iii. Repairs will not be processed without a quotation fee being charged. Should a unit be repaired, replaced or a new unit purchased, the quotation fee will be waived.
iv. Repairs will not be undertaken unless an official Company order to perform the work as per our quotation is received.
v. All repairs must be paid for in full before units will be released.
vi. Replacement part are warrantied for 3 months from the date of repair. Fair wear and tear is expected.
vii. The Group will not accept accessories, remotes, bags, cables or other items with repair units, unless the accessory is deemed to be the faulty item
viii. The Group’s General Terms and Conditions apply.
10. If prior to the delivery and/or dispatch there is any increase for whatever reason in the Seller’s cost, the price of goods may be increased proportionately by the Seller.
11. The Seller is under no circumstances responsible for any consequential loss or damage, or loss of profits that the Purchaser may suffer by reason of the Seller’s failure or delay in or about any of its obligations to the Purchaser and in particular (but without limiting the generality of the aforegoing) the non-delivery of the goods or any part thereof, any defect or deficiency in the goods or any part thereof or the goods not complying with any order in whole or in part.
12. Ownership in the goods sold by the Seller to the Purchaser is reserved to the Seller until payment in respect thereof has been received by the Seller in full.
13. The Seller shall have the right forthwith to determine this contract and claim from the Purchaser immediate payment of any monies owing by the Purchaser to the Seller if the Purchaser fails to pay any amount due to the Seller on due date thereof, or is sequestrated or placed in liquidation under judicial management, or commits any acts of insolvency or enters into any compromise with his/its creditors or any class of them or fails to satisfy any judgement granted against him/it within 7 (seven) days after the date of judgment, or deviated from its former method of trading.
14. The Seller shall be entitled in its sole and absolute discretion and without ascribing any reason thereto :
13.1 to delay or refuse delivery of the goods sold in terms hereof until satisfactory guarantees or securities for payment in respect there of have been provided by the Seller, or
13.2 to terminate any order without being liable to the Purchaser for any amount whatsoever by reason thereof.
15. No variation or cancellation of any order shall be binding on the Seller unless in writing and signed by a director of the Seller.
16. The goods covered by any order will be invoiced by Solution Technologies (Pty) Ltd or Solution Technologies Holdings (Pty) Ltd, or Solution Technologies Guateng (Pty) Ltd or Solution Technologies Cape (Pty) Ltd (the Seller) to whom payments are to be made.
17. Unless the Seller is notified in writing to the contrary within 3 (three) days of the order, the customer shall be deemed to have accepted all the above items and conditions.
18. The Seller shall not be precluded from enforcing any rights against the Purchaser by reason of any indulgence shown to the Purchaser at any time.
19. The Purchaser hereby consents to the jurisdiction of the appropriate Magistrate’s Court in connection with any legal proceedings which might be brought by the Seller against the Purchaser arising from these conditions of sale, notwithstanding the fact that the amount may (but for such consent) exceed the jurisdiction of Magistrate Court.
20. The Purchaser agrees that neither the Seller nor any of it’s employees will be liable for any negligent or innocent misrepresentations made to the Purchaser. This includes errors and omissions on any Group publications including price lists, web sites and Emails.
21. It is agreed that it is the sole responsibility of the Purchaser to determine that the goods or services ordered are suitable for the purpose of intended use.
22. Any delivery note (copy or original) signed by the Purchaser or any if it’s employees or representatives shall be conclusive proof that delivery was made to the Purchaser.
23. Solution Technologies will not be liable for any consequential damages or for any delictual liability of any nature whatsoever.
24. These conditions of sale do not constitute a waiver by the Seller of any of its rights under common law.
25. The Purchaser gives the Group permission to:
a. Contact anyone to confirm that the information that has been provided is correct.
b. Obtain details from any party about the Purchasers financial status, including credit records and payment history and details on the various Credit Bureau’s.
c. Give and receive information about any credit to any party, including the Credit Bureau’s South African Fraud Prevention Services(SAFPS) and /or any other similar organization and to disclose/receive such information where it is legally compelled to do so.
d. Provide pricing and product information including promotions, from time to time via Email, WhatsApp, SMS or other electronic media services.
The company is POIPA complient.