Terms and Conditions
between Gracan (KZN) (Pty) Ltd (hereinafter referred to as GRACAN) and
(hereinafter referred to as the Customer)
DELIVERY and SERVICE PROVISSIONING
The Customer shall provide and prepare its premises for the installation of the products and such accommodation shall comply fully with the requirements in respect of size, power points, earthing, lighting, temperature and other conditions as laid down by GRACAN and/or the Network Operators. Legal delivery shall be effected on signature by the Customer or his representative on a GRACAN delivery note or upon physical delivery of the products to the Customer. If for any reason no such documentation is signed, legal delivery shall coincide with actual physical delivery of the products to the Customer. GRACAN shall have the right to make part deliveries at its discretion and failure by GRACAN to make part deliveries or any delivery timeously shall not entitle the Customer to reject the balance of the order. The times quoted for delivery are dependent upon the Customer providing all necessary information to GRACAN to enable GRACAN to commence work and to proceed therewith without interruption. All delivery/installation dates and times are estimated and the Customer acknowledges that time is not of the essence. Gracan shall be entitled to employ sub-contractors to provide product and/or all or any portion of the services. The Customer shall pay all costs of hiring any special hoists or lifting equipment if necessary. Whilst all necessary liaison with 3rd Party operators is undertaken on behalf of the Customer Gracan shall not be held liable for any inconvenience or costs arising from the Network Operators (i.e. Telkom/Vodacom/MTN/Neotel etc) or any other Independent / Internet Service Provider’s inability to provide any service or product on any given date or for any defects in the anticipated service. If due to lack of any 3rd parties services additional equipment is required, the Customer shall not be entitled to cancel its order but shall purchase from GRACAN and shall be invoiced for such additional equipment. Any ADSL connection to transport either Voice or Data carries no Quality of Service guarantee and is offered and sold by the Network Operators as a “best effort” endeavour (similar to Cellular calls).
Outright Purchase: When purchasing products on a cash basis, 70% (seventy percent) of the total purchase price is due upon acceptance of this order. Following on from installation, configuration and training the balance is due immediately. Any delays caused by Telkom or the Customers Service Provider/s shall not affect the payment of any monies due in terms of this agreement. Should the products not be paid for at time of installation and/or connection to any network, a monthly non-refundable rental, equal to the cash price divided by forty (over and above the full purchase price) will be charged by GRACAN.
Rental: All products rented are discounted through a finance house. Although GRACAN endeavours to obtain finance on behalf of the Customer, this is not a prerequisite to validate your order. The clauses detailed in the standard rental document may not be altered under any circumstances. Full financial information such as banking details, identification numbers, directors and shareholders details, etc. are required in order to expedite processing by the finance house. In all cases sureties and balance sheets will be required, which will be treated in the strictest confidence. Should the Customer fail to complete all rental documentation in its entirety by time of installation and/or delay a connection to any network, a monthly non-refundable rental, equal to the cash price divided by thirty five will be charged by GRACAN until such time as the rental documentation has been accepted by GRACAN.
The following conditions shall not affect the payment of any monies due in terms of this agreement:
- Any delays caused by the inoperability or functionality of the Customers’ computer network or
- Any delays caused by faults on the Customers’ own cable infrastructure
- Any delays caused when connecting the Customers own devices (PC’s, tills, alarms, scales, lights, horns etc) to the supplied products. The Customer shall ensure that such devices are connected, activated and direct the devices data stream to the products supplied by GRACAN.
The Customer acknowledges that it shall be liable for any additional labour or costs incurred as a result of non-payment in terms of this clause including any repeat visits to site. Any failure by the Customer to receive training shall not entitle the Customer to withhold any payments due. GRACAN reserves the right to levy interest at 3% per annum above the prime overdraft rate as charged by Nedcor Limited on any amounts not paid on due date.
All prices quoted, are inclusive of Value Added Tax. The statutory VAT ruling at time of the invoice/s will be for the Customer’s account.
Outright Purchase. Notwithstanding physical or legal delivery it is an express condition of any agreement concluded between the Customer and GRACAN that products shall remain the absolute property of GRACAN until such time as the Customer has made full payment to GRACAN. GRACAN reserves the right to repossess any products for which payment for any service has not been received. The Customer agrees to provide access at any time during normal working hours to any authorised representative of GRACAN for any of the purposes of this Agreement.
Rental Agreements. Ownership shall not pass to the client on completion of the initial rental period and any representations made whatsoever to the contrary shall not be binding on GRACAN unless written notification is received from the finance house.
CANCELLATION OF ORDERS
Signature by both parties of the agreement gives rise to a binding contract. Should GRACAN accept cancellation it will be on the following terms and conditions:
- Prior to installation of products, the Customer will be liable for payment of 50% (fifty percent) of the contracted price.
- After installation of products and a) prior to cutover to the carrier network and b) prior to first rental being due and payable, the Customer will be liable for 75% payment of the contracted price as well as the costs for the cabling, installation and de-installation of the products.
- For the purpose of the calculation of the contracted price this shall be the cash price accepted in this quotation or forty times the quoted 60 month rental.
All risk in and to the products will pass to the Customer upon physical delivery being affected to the Customer. It must be noted that lightning and power surges are not covered during the warranty period or subsequent maintenance agreement period and we require confirmation of insurance cover in this area on an all risk basis with lightning cover specified.
- The Customer shall not have any claim of any nature whatsoever against GRACAN for any failure of GRACAN to carry out its obligations as a result of force majeure, which shall include, but without being limited to, any strike, lockout, shortage of labour or materials, fuel shortage, delays in transport, accidents of any kind, any default or delay by any sub-contractor or a supplier of GRACAN, riot, sabotage, terrorism, political or civil disturbances, the elements including floods, wind, lightning, or any other acts of God, or any act of the State or Government or other authority, or any other unforeseen event beyond the control of GRACAN.
- The products itemised in the schedule of products are covered by a twelve-month warranty on all parts, however, specifically excludes lightning damage (direct or induced), power surges and voltage fluctuations. Gracan will cover only outward bound (and not inward bound) costs of products replaced under warranty.
- This agreement shall be determined in accordance with the laws of the Republic of South Africa. In the event of GRACAN instructing its attorneys to take steps to enforce any of its rights under the Agreement, the Customer shall pay to GRACAN on demand such collection charges and other legal costs on an attorney and client basis as shall be charged to GRACAN by its attorneys.
- The customer hereby consents to the jurisdiction of the Magistrates Court Act No: 32 of 1994 as amended, in respect of all amounts or causes of action arising out of the sale, supply and maintenance of products notwithstanding the fact that the amount would normally exceed the jurisdiction
- No extension of time or other indulgence granted by GRACAN to the Customer shall be construed as a waiver of any of GRACAN rights hereunder and shall not in any way prevent GRACAN from enforcing such rights.
- GRACAN shall not be responsible for any loss or damage (actual or consequential, indirect, special, punitive or incidental) howsoever caused to the property or person of the Customer or any third party, whatsoever, save only a deliberate, intentional breach calculated to cause damage and the Customer hereby indemnifies GRACAN against any claims arising from the products or services rendered or use of the products which may be made by any other person against GRACAN.
- If any provision of this agreement is declared by a court of competent jurisdiction to be invalid for any reason, such invalidity shall not affect the remaining provisions
- The terms and conditions contained herein constitute the entire agreement between the parties and no amendment or variation or consensual cancellation shall be of any force and effect unless reduced to writing and signed by the Customer and GRACAN.
- Any notice in terms of this Agreement shall be delivered by hand, facsimile and or email to the other party at the Customers physical address as set out overleaf and shall be deemed to have been received by the Customer on the third (3rd) day of the posting hereof. Either party may change its physical address by written notice sent by prepaid registered post to the other party.
- All equipment (including wiring and cabling), in one way or another, is connected directly to electricity and therefore should only be opened by Gracans authorised service personnel. Any interference by any unauthorised person could lead to injury.
- All equipment under R900.00 is deemed to be of a consumable All equipment under R2000.00 has a twelve month “carry-in” warranty.
- Ownership in any Software licensed to the Customer shall remain with its licensors and the Customer shall not be entitled to transfer or copy the software without the prior written consent of GRACAN.