NEMTEK TERMS AND CONDITIONS OF SALE. (Annexure A)
“Company”- Nemtek Holdings Pty Ltd and/or its subsidiaries.
“Customer”- the purchaser of Product(s) from the Company.
“Product(s)” –the product(s) sold and or delivered by the Company to the Customer.
2.1 The Customer will be responsible for the delivery costs of the Products unless
2.2 As soon as the Company delivers the Product(s) to the Customer, risk of loss or
damage to the Product(s) passes onto the Customer.
2.3 If the Customer is responsible for delayed delivery, the Company’s responsibility for
everything other than damages due to negligence by the Company will end on
the original agreed date of delivery of the Product(s).
2.4 The Company retains ownership of the Product(s) until the Customer has paid in full
all sums owing to the Company. Until such time as payment has been made in full,
the Company has the right to call for or recover the Product(s) at the Customer (for
which purposes the Company’s employees or agents may enter the Customer’s
premises) and the Customer is obliged to deliver up the Product(s).
2.5 The Customer must examine the Product(s) as soon as is reasonably possible and
notify the Company of any errors, faults or damages within 48 hours of receipt of
the Product(s), failing which, the Customer acknowledges having received the
Product(s) in a good and proper condition and waives any claims it may have on
the Product(s) supplied by the Company.
2.6 Product(s) can be returned within 14 days of receipt for refund or exchange. The
Product(s) must be returned new, unused, unaltered, not previously installed, and
in a saleable condition with all the original packaging. However, freight or delivery
costs will not be refunded.
3.1 The Company will issue an invoice to the Customer in respect of any sale of
Product(s). The Customer must pay the invoice before delivery, or if applicable
it will be added to the Customer’s account.
3.2 The Customer will pay the Company the amount as it as it appears on the invoice.
3.3 The Company may increase or decrease prices without notice. These fluctuations
in price will be clearly set out in the price lists, which will be available to the
Customer on request.
SECTION 2 DELIVERY AND RETURNS
SECTION 3 PAYMENT
SECTION 1 DEFINITIONS
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3.4 If the Customer, after 7 (seven) days of default fails to pay any amount due, the
Company may suspend all its obligations to the Customer and take any
3.5 Failure to pay the balance outstanding on or before the due date will entitle the
Company to charge interest at the maximum rate permitted by the National
Credit Act, Act 34 of 2005 (“NCA”) applicable to incidental credit agreements.
4.1 The Customer confirms that any information given to the Company is true and
4.2 The Customer must notify the Company in writing of any changes in the information
that the Customer has furnished to the Company. These changes will in no way
derogate the Customer’s liability to the Company.
4.3 The Customer nominates its physical street address as its chosen domicilum citandi
et executandi for service of any legal notices, pleading or documents.
4.4 The Customer information may be used to profile, send news, information about
the Company’s activities, general promotional material about its Product(s), and
solutions which the Company believes may be useful to the Customer.
4.5 The Company will not sell the Customer’s personal information to a third party or
use the Customer’s personal information for any purpose which is unrelated.
4.6 All personal information which the Company collects is kept confidential.
5.1 The Company provides a two-year warranty from the date of sale on all energizers
and a one-year warranty from the date of sale on all other Product(s). Any
Product(s) for warranty repair or replacement must be returned to the Company
with proof of purchase for warranty assessment and inspection. Product(s)
covered under the manufacturer’s warranty will be repaired or replaced. Shipping
and labour costs are not covered under any warranty and are for the Customer’s
5.2 The warranty does not cover normal wear and tear and normal usage of the
Products. The warranty does not apply to defects resulting from act of God,
modifications made by the Customer or any third party, misuse, neglect, abuse,
accidents, incorrect Product(s) application and/or installation, tampering and
6.1 All Product(s) provided to the Customer by the Company are subject to these
terms and conditions. These terms and conditions can be changed by the
Company from time to time.
SECTION 4 CUSTOMER INFORMATION
SECTION 5 WARRANTY
SECTION 6 GENERAL
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6.2 Where the Company is directly or indirectly prevented or restricted from carrying
out all or any of its obligations by a cause beyond its control, then the Company
cannot be held responsible for delays or failures in performance in meeting its
obligations. In this case, the Company will deliver the Product(s) as soon as is
6.3 Whilst very effort will be made to fulfil the order for the Product(s), the Company
will not be liable for any loss or damage whatsoever resulting directly or indirectly
from non-availability of the Product(s).
6.4 The Company reserves the right to make changes in specifications, construction,
or design of its Product(s) as it may consider necessary or desirable without notice.
The Company shall not be under obligation to repurchase any products previously
delivered because of any such changes.
6.5 The Company does not guarantee that the operation of the product will be
uninterrupted or totally error free.
6.6 It is the responsibility of the Customer to ensure that the Product(s) purchased are
suitable for its needs and that they are installed as per the manufacturer’s
6.7 Any quotation will remain valid for 30 days from the date of issue and the prices in
the quotation unless specifically stated otherwise are exclusive of tax, freight, duties,
and charges. Quotations are strictly confidential and will not be disclosed to any
6.8 The Company tests for compliance to the safety standards and other specifications
as required in the Republic of South Africa. If additional tests to meet safety
standards and compliance are required by the Customer in their country, they must
notify the Company of these standards for testing and compliance. It is the
responsibility of the Customer to ensure that the safety standards and compliance
are adhered to in their country. Any new or changes to the safety standards and
compliance in the Customer’s country must be monitored and communicated
back to the Company. The cost incurred for additional testing for compliance to
the Customer’s country’s safety standards and compliance requirements are
payable by the Customer.
6.9 It is the Customer’s responsibility to obtain any approvals, consent or licences
required by any government or authority for the purchase or use of the Product(s).
The Customer must comply with all applicable regulations, laws, and requirements
in connection with the Product(s) use, re-sale or other on supply of the Product(s)
to third parties.
6.10 Under no circumstances will the Company be liable for any consequential
damages arising from any defects in the Product(s). The Customer indemnifies and
holds harmless the Company against all actions, claims, proceedings, costs, losses,
expenses, liabilities, including legal fees, whatsoever and howsoever caused or
arising out of, connected with, or resulting from the Product(s) themselves or use of
the Product(s) including without limitation the manufacture, selection, delivery,
possession, use, operation, return or any and all damages or injuries caused thereby
to anyone whatsoever.
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6.11 In the event of the Company taking legal action against the Customer for breach
of payment, the Customer shall be responsible for all costs allowable by the Courts
if an award is made in the Company’s favour.
6.12 A certificate, signed by one of the Company’s directors or managers, which details
the nature and amount of the indebtedness of the Customer to the Company shall
be binding on the Customer as proof, on the face of it, of the contents of the
document and of the fact that the amount stated therein is due and payable in
any legal proceedings against the Customer. If the Customer wishes to dispute
such certificate, the burden of proof rests on the Customer to prove otherwise.
6.13 The Company may in its discretion refuse to supply any order for any reason
whatsoever. Any order for customised Product(s) by the Customer cannot be
cancelled. Furthermore, no order may be varied or cancelled except with the
written consent of the Company, which consent may include such terms which will
indemnify the Company against any losses incurred due to the cancellation.
6.14 The Company will try and solve any disagreements quickly and efficiently. If the
Customer, is not happy with the way the Company deals with any disagreement
the Customer can direct a complaint to the Consumer Commission and should the
Customer complaint not be resolved to the Customer’s satisfaction the Customer
may want to take proceedings to Court, the Customer must do this within the
Republic of South Africa.
6.15 The laws of the Republic of South Africa will apply to these terms and conditions
and all agreements entered between the Company and the Customer and the
relevant courts of the Republic of South Africa will have exclusive jurisdiction.