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TERMS AND CONDITIONS

The following terms and conditions will apply to all quotations and will apply to any contract resulting from the acceptance of any quotation or proposal.

1. All imported items are subject to adjustment in the event of any fluctuation in the exchange rate between the SA Rand and U.S. Dollar, prior to the delivery date to customer. Prices quoted are based on an exchange rate as defined in each quotation. Prices may be adjusted and recalculated based upon the exchange rate applicable on the date of invoice to the customer. The exchange rate to be utilised for this purpose shall be the rate quoted by Connectivity Technology’s (the seller) bankers at 10.00 on the date of invoice.

2. All rates for labour are calculated on the basis of work being performed during normal working hours, unless otherwise agreed in writing.

3. The seller reserves the right to withdraw any quotation should the buyer wish to accept it in part only.

4. All goods will remain the property of the seller until payment in respect of same has been received in full by the seller.

5. Should the buyer place partial orders over a period of time, which the seller accepts, prices may be adjusted to take account of additional time and travelling required as a result.

6. Both parties will appoint a responsible person who is authorised to give and take instruction on any variation or amendments required. Any such variations and / or amendments may result in additional charges and costs being payable by buyer. A variance order as signed by the responsible parties shall be subject to the same terms and conditions as contained herein.

7. Specific product warranties apply to all solution-based installations e.g. Lucent, ModTap etc. All other products and installation services carry a 12-month warranty against faulty workmanship or defects in materials. Faulty workmanship or defects in materials covered by this warranty will be rectified during the warranty period free of charge. The warranty excludes any damage, defects or faults arising from the act or omissions of any party other than the seller. Any claims in this respect must be delivered to the seller within 28 days of the claim being reported faulty, after which the seller shall not accept liability for the fault. No other warranties of whatsoever nature are given or implied, including common law warranties and fitness for a particular purpose.

8. The buyer shall not be entitled to return any goods to the seller without the seller's express consent. No claim in respect of shortages or damage to the goods sold shall be entertained unless made in writing and received by the seller within 7 (seven) days from date of delivery of goods. No claim regarding quality of goods shall be entertained by the seller unless made in writing and delivered to the seller within 28 (twenty eight) days from date of delivery of the goods. In the event of material defects or shortages in the goods proved to the seller's satisfaction, and upon being properly notified, the seller shall at its option:

a. either exchange the goods for similar goods, or

b. take back such goods and refund the purchase price therefore.

No further claims of whatsoever nature shall be entertained and in particular the seller shall not be liable for any damages for any direct or consequential loss of any nature.

9. All quotations are valid for a period of 30 (thirty) days from the date reflected on each quotation unless otherwise stated on a specific quotation.

10. Payment in respect of products and materials supplied will be due within 30 (thirty) days of delivery to the buyers site and payment in respect of the labour charges will be due 30 (thirty) days from the date upon which the installation is completed, (save where the parties agree that progress payments will be made), against delivery to the buyer of an invoice in respect thereof Interest at 2.5% above the prime overdraft rate charged by First National Bank of South Africa Ltd, from time to time, will be payable on all amounts due to the seller which are not paid on due date. Such interest shall be calculated from the due date for payment until the date upon which actual payment is received by the seller. Any discount which the seller may have granted the buyer shall be forfeited if the payment is not made on the due date.

11. Neither party shall be liable to the other party for any consequential loss or damages whether arising out of or in connection with any quotation or any agreement of contract resulting here from. "Consequential loss" shall include loss of profit, loss of goodwill (or similar financial loss), and any payment made or due to any third party, and any loss or damage caused by delay in delivery, installation or supply of services hereunder or pursuant hereto. Any liability of the seller for direct damages shall not exceed in total the amount paid by the buyer for the materials and works undertaken in terms of any quotation/contract.

12. In the event that a quotation is accepted, should the buyer elect to cancel the order a cancellation fee equivalent to 25% of the total order shall be payable to the seller on receipt of the relevant to this effect. In the event that the seller has purchased equipment or materials or has incurred any other expenses for this project, these amounts will also be payable in full to the seller in addition to the percentage specified.

13. No variation from the terms and conditions herein contained, and no contrary stipulation by the buyer, shall be valid and binding unless confirmed by the seller in writing.

14. The seller reserves the right to deliver equipment as and when the equipment can be made available by the seller. The seller shall be entitled to execute delivery in part from time to time and payment for each part so delivered, shall likewise become due 30 (thirty) days from date of invoice unless otherwise agreed in writing by both parties.

15. All risk in and to the goods shall pass to the buyer upon delivery thereof.

16.  The seller shall not be required to deliver any goods to the buyer for so long as the buyer is in arrears with any payment owing to the seller from any cause or debt. In the event of the buyer committing an act of insolvency, or being placed under provisional or final judicial management, liquidation or sequestration, the seller reserves the right to cancel any sale or order and to stop further deliveries.

17. The buyer hereby chooses domicilium citandi et executandi for all purposes arising out of this contract at its address reflected on the top hereof.

18.Payment not be withheld pending the settlement of any claims or disputes and in the event of any amount due to the seller being handed to an attorney for collection, the buyer shall pay the collection fee and other legal charges thereby incurred by the seller on the attorney and own client scale.

onnectivity

Specialists in Computer-, CCTV-, Communication- & Voice- Connectivity

Terms & Conditions

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