TERMS AND CONDITIONS OF NOLOGY (PTY) LTD

Terms & Conditions is subject to revision in accordance with the new Consumer Protection Act

Payment

1.1 All pricing is Exclusive of VAT and subject to availability of stock. NOLOGY will not be bound by manifest errors, and typographical or clerical mistakes in its documents.   1.2 Payment for goods sold and services rendered is strictly Cash on Delivery unless otherwise agreed and in the event of a dispute regarding the amount payable, NOLOGY’s prices in terms of its standard price list prevailing at the same time of delivery, shall apply thereto and be binding.   1.3 The CLIENT shall have no right to withhold payment or apply any deduction or set-off against any payment due to NOLOGY for any reason whatsoever.   1.4 No credit given, allowance made or indulgence shown by NOLOGY in favour of the CLIENT will give rise to any right or entitlement to any further credit, allowance or indulgence, and no waiver of NOLOGY’s rights may be implied from any such credit, allowance or indulgence.   1.5 The CLIENT hereby acknowledges that should an amount not be paid on due date, or any cheque tendered as payment is dishonoured, the entire balance then outstanding shall immediately become due and payable without any further notice. The CLIENT shall further pay interest on all overdue amounts at a rate equal to that prescribed in terms of the Prescribed Rate of Interest Act, compounded monthly in arrears, from due date until date of payment. In addition NOLOGY shall be entitled to report the customer’s default to the Computer Industry Protection Association (CIPA) for circulation amongst its members, whereby the CLIENT will receive notification of such action.   1.6 A handling fee may be charged on goods returned, subject to the provisions of the Consumer Protection Act 68 of 2008 (where applicable).   1.7 Ownership of all goods shall remain vested in NOLOGY until NOLOGY has received payment in full for the goods purchased.

Warranties

Subject to the provisions of the Consumer Protection Act 68 of 2008 (where applicable):   2.1 All Billion manufactured products (excluding power supplies and accessories) carry a 2 (two) year warranty from the date of purchase (the date of the invoice rendered to the CLIENT for the specific product).   2.2 All Power supplies (including all surge protected power supplies) and all accessories have a for 90 day warranty from the date of purchase. All Standard Billion Power Supplies (excluding surge protected power supplies) carry a warranty period of 12 months. All terms and conditions as listed under this section (“Warranties”) also apply to power supplies and accessories.   2.3 All other NOLOGY supplied products carry a standard manufacturer’s warranty of at least 1 (one) year. NOLOGY will inform The CLIENT what these warranty periods are and to which products these warranty periods apply.   2.4 All warranties are immediately null and void should any equipment be tampered with or should the “seals” on the equipment be broken by anyone other than NOLOGY or its appointed nominee, or should the goods be operated outside the manufacturer’s specifications.   2.5 Lightning and/or surge damage is not covered under the warranty unless otherwise agreed in writing from NOLOGY. This includes lightning and/or surge damage to the surge protected power supplies.   2.6 To be valid, warranty claims must be supported by the original tax invoice.   2.7 Out of box failures will be replaced with new unit(s) within 10 business days, from date of purchase (date on original tax invoice). The returned unit must be accompanied in the original packaging with all accessories and manuals and be in the same condition as when it was sold.   2.8 For warranty claims, NOLOGY reserves the right to either repair or replace the unit(s) if returned after 6 months of purchase. Replacement units can be in the form of new or refurbished units at NOLOGY’s discretion.   2.9 Repairs to products still under warranty will be done free of charge subject to 2.4 and 2.5 above.   2.10 No warranties whether express or implied shall apply, other than those provided in this contract. No representation or warranty, including but not limited to statements of capacity, suitability for use or performance made by employees of NOLOGY shall be considered to be a warranty by NOLOGY.

Repairs

Subject to the provisions of the Consumer Protection Act 68 of 2008 (where applicable):   3.1 Since some repairs are done by the original manufacturer abroad, the CLIENT hereby acknowledges and accepts that repairs may take up to 6 weeks.   3.2 Repairs to products still under warranty will be done free of charge subject to 2.4 and 2.5 above.   3.3 The CLIENT will be informed as soon as repairs have been completed.   3.4 The CLIENT will collect any repaired equipment and/or products from NOLOGY’s premises within 10 (ten) working days of completion notification as specified in clause 3.3 at the CLIENT’s own cost. Should the CLIENT fail to collect the goods within the specified time, NOLOGY reserves the right to charge a storage fee to the customer.

Returned Goods

Subject to the provisions of the Consumer Protection Act 68 of 2008 (where applicable):   4.1 The customer may return any defective goods, within 10 working days, to the premises of NOLOGY or its nominee at the CLIENT’s own cost.   4.2 NOLOGY undertakes to replace such goods with items of the same or similar specification at NOLOGY‘s expense, if the item is still under warranty and returned in the original packaging and condition as when it was sold.   4.3 NOLOGY reserves the right to offset the value of any goods accepted for return against any amounts due by the CLIENT.   4.4 In the event of a cancellation of an order by the customer or goods accepted for return by NOLOGY, NOLOGY reserves the right to charge a handling fee on the value of the order cancelled or goods returned.

Delivery

5.1 Delivery charges will be charged at the specified rates as indicated on the NOLOGY pricelist.   5.2 Any delivery note (copy or original) signed by the CLIENT and/or its authorised representative and/or its nominated agent and held by NOLOGY shall be prima facie proof that delivery was made to the CLIENT.   5.3 NOLOGY shall be entitled to split the delivery of the goods ordered in the quantities and on the dates it decides, with the prior consent of the CLIENT, which consent shall not be unreasonably withheld.   5.4 In the event of the CLIENT choosing to engage its own third party to transport the goods, the CLIENT indemnifies NOLOGY against any claims of any nature whatsoever that may arise from such an agreement, or the performance thereof.   5.5 NOLOGY is entitled to engage a third party on its behalf to transport all goods purchased by the CLIENT to the delivery address stipulated by the CLIENT, and the costs of such delivery and transport shall be for the CLIENT’S account.   5.6 If the CLIENT wishes to receive delivery of the goods by a more expensive method of transportation than that normally used by NOLOGY, the CLIENT shall make such request in writing and, in the event that NOLOGY agrees to arrange such special delivery the additional charges shall be debited to the CLIENT’s account and shall be payable by the CLIENT.   5.7 NOLOGY does not guarantee that the goods will be dispatched or delivered on any particular date and time, and the CLIENT shall have no claim against NOLOGY in respect of any loss occasioned by any reasonable delay in dispatch or delivery of any goods ordered and/or services rendered, nor may the CLIENT cancel any order by reason of such reasonable delay. A delay which is not due to any fault on the part of NOLOGY shall be deemed to be a reasonable delay.   5.8 Incomplete or partial deliveries or goods damaged in transport must be reported to NOLOGY’s head office within 24 (twenty-four) business hours of receipt.   5.9 All goods taken on an evaluation, approval or demonstration basis or all goods taken on consignment by the CLIENT are deemed sold to the CLIENT within 10 (ten) working days of issue if not returned to NOLOGY in a perfect condition in the original packaging and with all accessories and manuals intact.   5.10 NOLOGY reserves the right to charge delivery fees, as and when necessary.

General

6 The CLIENT agrees to the jurisdiction of the Magistrate’s Court in terms of section 45 of Magistrates’ Court Act 32 of 1944 for the recovery of any amount due to NOLOGY. Notwithstanding the aforesaid NOLOGY shall be entitled to institute action in any other court of competent jurisdiction.   7 Notwithstanding any indulgence, concession or extension granted to the CLIENT by NOLOGY from time to time, all amounts due to NOLOOGY shall become due and payable immediately and shall attract interest at a rate equal to that prescribed in terms of the Prescribed Rate of Interest Act compounded monthly in arrears, in the event that the client fails to pay any amount owed to NOLOGY when due, breaches this or any other agreement between the CLIENT and NOLOGY, or commits any act of insolvency, or if the CLIENT becomes subject to business rescue proceedings, or if the CLIENT suffers any judgment against it which remains unsatisfied for 14 days after such judgment becomes final.   8 Should NOLOGY incur costs in the collection of any amount due to it by the CLIENT, the CLIENT shall pay such costs on the attorney-and-client scale.   9 NOLOGY shall be entitled to cede or pledge his interests herein or to trade therewith at his own discretion without the consent of the CLIENT. It may also consent to any alteration, release, relaxation or postponement of the terms hereof and such action shall not be binding on the NOLOGY in any way whatsoever unless it has indicated in writing that such action shall be binding.   10 NOLOGY may allocate any payment to capital, interest, costs or any other item as he deems fit despite any allocation made or deemed to be made by the CLIENT.   11 Any certificate issued under the signature of a director of NOLOGY, who’s appointment and authority need not be proven) that purports to certify the amount due by the CLIENT to NOLOGY, shall be accepted as prima facie proof of such indebtedness and shall have sufficient probative value to enable the NOLOGY to obtain summary judgment or provisional sentence against the CLIENT in any competent court for the amount stated in such certificate, and the CLIENT accepts the onus of disproving the amount so stated as not being the amount owing.   12 Under no circumstances shall any supply of goods or services to the CLIENT mean or imply that any intellectual property rights are transferred by NOLOGY to the CLIENT. No copyright or other intellectual property right shall accrue to the CLIENT by virtue of work done for or services rendered to the CLIENT by NOLOGY, and all such rights arising from the said work or services shall accrue exclusively to NOLOGY unless otherwise agreed in writing and signed by both parties.   13 The CLIENT shall not under any circumstances, whether directly or indirectly, itself or with or through any other person, persuade, solicit or entice any employee, supplier or other client of NOLOGY to terminate their relationship with NOLOGY, or otherwise significantly prejudice such relationship. The CLIENT hereby acknowledges that the aforesaid restraint is reasonably necessary to protect the goodwill and legitimate interests of NOLOGY, and will endure for a period of 24 months from the date on which NOLOGY last supplied any goods or services to the CLIENT.