TERMS AND CONDITIONS
1. VALIDITY: All quotations are valid for a period of 7 (seven) calendar days unless otherwise stated on the quotation, after which time Ukuzimanya reserves the right to revise the quoted price. Furthermore, where the quotation is based on a rand/dollar exchange rate, any fluctuation in the R.O.E. will have to be adjusted on the quotation accordingly.
2. DELIVERY: Delivery and installation will be scheduled at a mutually agreed time.
3. GUARANTEE: The installation and equipment supplied by Ukuzimanya, when operated in accordance with our instructions, is guaranteed for a period of twelve months from the date upon which each item of the equipment is set in operation, or is ready to be set in operation, whichever occurs first. All equipment supplied by other manufacturers as part of this contract will carry the guarantee provided by the manufacturer of that equipment. Electronic equipment can be damaged by induced voltage and therefore the necessary suppression equipment to prevent damage to voltage sensitive electronic equipment is the responsibility of the client and Ukuzimanya cannot be held responsible for the replacement or repair of any damaged equipment in the event of induced voltage.
4. LIABILITY AND CONSEQUENTIAL LOSS: Ukuzimanya shall provide the Services as set out in this Agreement at the standards expected of a diligent and expert service provider. However, Ukuzimanya’s total aggregate liability in contract, including negligence and breach of statutory duty howsoever arising in connection with the performance or contemplated performance of this agreement, shall in all circumstances be limited to the purchase price of the goods and services provided directly by Ukuzimanya. Ukuzimanya accepts no liability for consequential loss, or loss of profits, arising from defective equipment or workmanship from any cause at any time prior to, during, or after the installation of the equipment.
5. TERMS OF PAYMENT: Invoices will be submitted for material and services supplied. Payment is due and payable on date of delivery of goods and services unless otherwise agreed in writing. Ukuzimanya reserves the right to charge interest at two (2) percent above the prime bank rate on outstanding amounts.
6. PAYMENT GUARANTEE: Ukuzimanya reserves the right to request a payment guarantee from the client equal to the total value of the contract works, such guarantee to be provided on request at no additional cost to Ukuzimanya.
7. CONTRACT PRICE ADJUSTMENT: Unless otherwise stated on the quotation, escalation will be based on CPI, with the base date being the date of the provided quotation.
8. FOREIGN EXCHANGE FLUCTUATION: Should this quotation include imported goods or materials, foreign exchange fluctuation will be calculated utilizing the exchange rate ruling at date of quotation. Any fluctuation between date of quotation and date of installation will be for the clients account.
9. CONTRACT PERIOD: Should work be delayed and/or the contract prolonged or accelerated due to circumstances beyond Ukuzimanya’s control, which results in lack of continuity of work, whether on or off site, or necessitating Ukuzimanya having to leave site and re-establish, any additional costs, including overtime costs, involved due to lack of continuity of work or re-establishment, or due to contract period change, shall be borne by the client. Should any delay of the kind referred to above occur, Ukuzimanya shall without delay, give notice to the client or the client’s representative.
10. CANCELLATION OF SERVICE: All services requested by the client are to be confirmed in writing. Should the client cancel the services after written confirmation, a cancellation fee of ten (10) percent of contract value will be applicable. Should design, procurement of software or deployment of labour have commenced, Ukuzimanya reserves the right to recover these costs in addition to the cancellation fee above.
11. OWNERSHIP: Ownership in the goods sold and delivered to the client on account shall pass to the client only when all amounts due by the client to Ukuzimanya have been paid, notwithstanding delivery of the said goods to the client. However, should any license or product be subject to an annual subscription contract, payment thereof will vest in the customer for the duration of the contract, regardless of any cancellation which the client may choose to invoke. Risk in and to the goods shall also pass to the client on delivery.
12. DESIGN: Ukuzimanya accepts no responsibility for the efficiency of any IT system design not prepared by Ukuzimanya. Should any client, its representatives, third party contractors insist on a system design not designed by Ukuzimanya, such design will be entertained and installed only on the basis that the client assumes full ownership and responsibility for any consequential losses.
13. EXCLUSIONS: Any exclusions from the Ukuzimanya’s services will be specified in writing, with reasonable consideration for scope of services Ukuzimanya can provide. Whilst reasonable care will be exercised in carrying out the works to avoid unnecessary damage to the buildings, structures and contents, the Ukuzimanya does not accept responsibility for cutting and making good holes or for making good damage to the buildings, structures or contents. Where the purchaser is providing scaffolding and hoisting facilities, these shall be made available for the Service Provider’s use.
14. LAW: These terms and conditions will be governed by the laws of the Republic of South Africa.
15. FORCE MAJEURE: Ukuzimanya reserves the right to defer the date of delivery or to cancel the contract (without owing any liability to the client) if Ukuzimanya is prevented from, or delayed in, the carrying on of its business due to a Force Majeure Event. Force Majeure Event means circumstances beyond the reasonable control of Ukuzimanya including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to Ukuzimanya’s workforce), accidents, restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, and seizure or other action by or compliance with an order of an apparently competent