terms and conditions
TERMS & CONDITIONS OF SALE
2023/11/07 V1.0
Jackbox Mediaworx (PTY) Ltd.t/a ecuDIY
Tel: +27 63 458 9218
Email: tania@jackboxmediaworx.co.za
Email: sales@ecudiy.com
Website: www.ecudiy.com
Physical Address: Mossel Street 2, Unit 1, Marais Industrial, Vredenburg, 7380, South Africa
1. Definition
Unless the context dictates otherwise, the words and expressions set forth below shall bear the following meanings and cognate expressions shall bear corresponding meanings:
1.1. “Company” means Jackbox Mediaworx PTY Ltd (Registration Number: 2023/511160/70 a company duly incorporated in accordance with the laws of the Republic of South Africa. 1.2. “CPA” means the Consumer Protection Act, 2008.
1.3. “Customer” means the buyer of the Goods.
1.4. “Goods” means the goods supplied by the Company.
1.5. “Independent Contractor” means a third-party company that offers independent services to the Customer as valueadded service.
1.6 “POPI Act” means the Protection of Personal Information Act, 2013
2. Application of Terms and Conditions
2.1 The Customer agrees that all current and future orders for and sales of the Goods are subject to the following terms and conditions, which the Customer acknowledges to have read and understood.
2.2 The Company reserves the right to, at its sole discretion, amend, modify, add to or remove any provisions (in whole or in part) of these Terms and Conditions from time to time.
2.3 Any changes to these Terms and Conditions shall immediately become effective subsequent to same being amended and the onus rests on the customer to ensure that the customer check the terms and conditions with each order.
3. Prices
3.1. The Company’s listed prices are subject to alteration at any time without prior notice.
3.2. The prices contained in quotations, estimates and acceptances of orders are based on the quantities and any other details specified therein and the Company reserves the right to revise prices in the event of a change in the quantities or any other details.
3.3. All prices quoted by the Company are subject to fluctuations in exchange rates, duties, surcharges, freight and transport costs, and clearing agents’ charges. If suppliers increase their prices the Company shall be entitled to pass on these increases to the Customer.
3.4. The prices quoted do not include charges for consultations, fault-finding, installation, tuning, training, repairs, or any other services. Such charges will be charged by the Company in addition to the quoted prices and at its current rates, if such service is offered and agreed upon.
3.5. As the Company at this time is unregistered for Valueadded Tax all prices are depicted exclusive of any Value Added Tax.
3.6. A quotation by the Company is only open for acceptance within 7 (seven) days from the date of issue thereof unless otherwise agreed to in writing by the Company.
4. Payment Terms
4.1. Payment in respect of Goods must be made in advance on the date of order, unless otherwise agreed to in writing by the Company. No Goods will be released to the Customer until full payment has been received in the bank account of the Company.
4.2. The price for the Goods must be paid in cash or via debit card, credit card or immediate electronic funds transfer, without any set-off or deductions and free of any costs, charges or exchange. Payment via cheque will not be accepted.
4.3 When payment is done by immediate electronic funds transfer the Customer must pay careful attention to the banking information and requirements of the Company as any payment will remain the responsibility of the Customer and will be deemed to remain unpaid unless and until payment it is received in cleared funds into the appropriate bank account of the Company.
5. Orders and Delivery
5.1. All orders are accepted subject to availability of Goods. The Company reserves the right to withdraw any Goods from its catalogue.
5.2. Delivery dates and times are estimates only, although the Company will endeavour to adhere to any stated delivery times. The period specified for delivery on the Company’s quotation:
5.2.1. is exclusive of any period occupied in developing, altering or adapting tools or any experimental work connected with the same;
5.2.2. shall commence from the Company’s final settlement of details and specifications of the Goods and not from the date of order;
5.2.3. is subject to the lead time the Company is given by its suppliers.
5.3. The Company shall not be liable for any costs incurred by the Customer as a result of any delay in the supply or delivery of the Goods.
5.4. Unless otherwise agree by the Company in writing, the Customer shall bear all costs of transport of the Goods.
5.5. Delivery and passing of risk in the Goods shall be deemed to have taken place when the Goods leave the Company’s premises. Notwithstanding the aforesaid, ownership in the Goods shall remain vested in the Company until the full purchase price in respect thereof has been paid in accordance with these terms and conditions.
5.6. If the Customer or its agent fails to take delivery of the Goods, or in any way delays the delivery of the Goods, then the risk in the Goods shall immediately pass to the Customer and the Customer shall be liable to pay all reasonable costs of storing, insuring, and handling the Goods until delivery takes place.
5.7. The Customer shall have no claim against the Company if the Goods fail to arrive at their destination or for any loss of or damage to the Goods, arising from any cause, while they are in transit, irrespective of who was responsible for the transport or delivery.
5.8. The Company shall be entitled to cancel any order for Goods if the Customer commits a breach of any of these terms and conditions, and fails to rectify such breach within 5 (five) days of the Company’s notice requiring the Customer to rectify such breach, or fails to make payment to the Company on due date.
6. Warranties and Indemnities
6.1. The Company makes no warranties regarding the Goods, other than as provided for in terms of section 55 read with section 56 of the CPA.
6.2. The Company shall not be liable for and the Customer indemnifies the Company from any claim, liability, loss, injury, damage, cost, expense or penalty whatsoever and howsoever arising in relation to the Goods and the use thereof, other than a claim for liability, loss, injury, damage, cost, expense or penalty arising from or attributable to: (a) harm as provided for in terms of the provisions of Section 61 of the CPA; (b) the gross negligence of the Company or any person acting for or controlled by the Company.
6.3. The Company shall not be liable for and the Customer hereby indemnifies and holds the Company harmless from any claim, liability, cost, expense or penalty suffered or
incurred as a result of installation, use or maintenance of the Goods which do not comply with the Company’s specific instructions as per paragraph 7 below.
7. Installation and use of the Goods
7.1. Employees of the Company are not allowed to install the Goods or work on any vehicle. 7.2. It is the Customer’s responsibility to obtain an installation manual, safety precautions and wiring diagrams and understand it before installations begins. These are available on the Company’s website.
7.3. The Company insists that the Goods should only be installed and tuned by an installer approved by the Company. Notwithstanding the aforesaid, the Company shall not be liable for any claim, liability, loss, injury, damage, cost or expense arising from installation of the Goods by such an installer or any other person or entity. These installers are Independent Contractors.
7.3. The Company insists that the Goods should only be installed and tuned skilled or certified persons or by an installer approved by the Company. Notwithstanding the aforesaid, the Company shall not be liable for any claim, liability, loss, injury, damage, cost or expense arising from installation of the Goods by such an installer or any other person or entity. These installers are Independent Contractors.
7.4. The Goods must be installed, used and maintained in accordance with the Company’s specific instructions.
7.5. The Company does not repair Goods but offers a repair service on management systems only via approved Independent Contractors. The Customer will engage in a transaction with this independent contractor and the Company will not be liable for the fees or workmanship charged by the Independent Contractor in respect of such services.
7.6. The Customer must ensure that the Goods are used in accordance with all applicable rules, laws and regulations and the Company’s specific instructions in force at time of the sale. The Company shall not be liable for any claims, costs, expenses or penalties arising from use of the Goods in contravention of any rule, law or regulation and the Company’s specific instructions.
7.7. In the event that the Customer sells the Goods to or installs them for third parties, the Customer shall ensure that such third parties comply with the Company’s specific instructions regarding the installation, use and maintenance of the Goods. The Customer hereby indemnifies and holds the Company harmless from any claim, liability, cost, expense or penalty suffered or incurred by the Company as a result of the Customer not ensuring that the Goods are installed, used and/or maintained by a third party in accordance with the Company’s instructions.
7.8. The Company is not covered by any Liability insurance in North America and Canada and will not accept any Liability for any loss whatsoever in these countries.
7.9. The Company does not provide training but training can be offered to customers via Independent Contractors if required and when available.
8. Support & After-Sales Service.
This product is intended to be a DIY product and under no circumstances portrays that after-sales support or technical assistance is included in the price. The product is bought with the understanding that the customer is purchasing this product and only the physical product and that any technical inquiry or support and/or assistance is not included; and the customer will make use of the freely supplied technical manuals and community forum available on the Company’s website. The Company has service pack options available and this is sold to the consumer at the stipulated rate at the time of purchase and the service is provided by approved independent or third-party suppliers.
9.Return of Goods
9.1. The Customer may only return Goods to the Company in the event that they fail to satisfy the requirements and standards contemplated in Section 55 of the CPA, and then only within the periods set out in Section 56 of the CPA.
9.2. Subject to the provisions of clause 8.1, the Customer shall not be entitled to return any Goods to the Company unless the Company agrees thereto to in writing beforehand, the Goods are in the same condition as in which they were sold and have not been damaged, used, mounted and/or tested in any manner or form and the Goods supplied remain unopened in their original packaging. In the event that the Company agrees to the return of Goods, otherwise than in terms of the provisions of clause 8.1, the Customer shall pay to the Company a handling fee in an amount which is equal to 20% (twenty percent) of the price at which the Customer purchased the Goods from the Company. utilised,;
10 Force Majeure
In the event of any act of God, strike, war, warlike operation, rebellion, riot, civil commotion, lockout, combination of workmen, interference of trade unions, suspension of labour, fire, accident, or (without regard to the foregoing enumeration) of any circumstances arising or action taken beyond or outside the reasonable control of the Company preventing it from the performance of any obligation to the Customer (any such event hereinafter called "Force Majeure") then the Company shall be relieved of its obligations to the Customer during the period that such Force Majeure continues an shall not be liable for any delay or failure in the performance of any obligations or loss or damage which the Customer may suffer due to or resulting from the Force Majeure.
11. General
11.1. This is the whole agreement between the parties containing all of the express provisions agreed on by the parties with regard to the subject matter hereof. No party may rely on any representation which allegedly induced that party to enter into this agreement, unless the representation is recorded herein.
11.2. No agreement varying, adding to, deleting from or cancelling this agreement and no waiver of any right under this agreement shall be effective unless in writing and signed by or on behalf of the parties.
11.3. No relaxation by a party of any of its rights in terms of this agreement at any time shall prejudice or be a waiver of its rights (unless it is a signed written waiver) and a party shall be entitled to exercise its rights thereafter as if such relaxation had not taken place.
11.4. If any provision of this agreement is, or becomes, invalid or unenforceable, it shall be severable from the rest of the agreement, which shall continue to be binding on the parties. 11.5 The Customer binds his/her/its directors, shareholders, members, dependents, heirs, trustees, executors, administrators, third parties, assigns or any other similar successive or executive entities related to the Customer to the terms and conditions of this document.
12. Provisions of the POPI Act 12.1
The Customer herewith authorise the Company to collect the personal information of the Customer for the purpose of concluding and performing a contract and the Customer will provide the information requested.
12.2 The customer will provide the following personal information Name and surname of company name, Id or company registration number, physical address, email address, telephone numbers and any other information to identify the Customer.
12.2 The Company will process the information to confirm and verify the prospective customer’s identity and credit worthiness (if applicable), to provide communications, to conclude and perform in terms of a contract with the Customer, for record keeping and audit purposes, for managing customer relationship, for legal proceedings including possible debt collection and / or for compliance with legal and regulatory requirements.
13 Jurisdiction
13.1 If the customer is residing in or carries on business in the South Africa, then the Company shall be entitled to institute legal proceedings against the Customer in any Magistrate’s Court having jurisdiction over the Customer even if the cause of action in question otherwise exceeds the jurisdiction of the Court.
13.2 If the Customer is not residing in and does not carry-on business in South, then the Customer consents and submits to the jurisdiction of the High Court of South Africa, and all Courts of Appeal therefrom for all purposes.