STANDARD TERMS AND CONDITIONS APPLICABLE TO SALES OF GOODS AND CONSUMABLES:
The Von’s Investment cc is a business in the 3D Printing industry that sells 3D printers and supplies.
1.1. The clause headings in this agreement are for the purpose of convenience only and shall not be taken into account in the interpretation of nor modify the terms of this agreement, unless inconsistent with or a contrary intention clearly appears from the context –
1.2. words importing –
1.2.1. any reference to a gender includes the other genders;
1.2.2. any reference to the singular includes the plural and vice versa; and
1.2.3. any reference to natural persons includes legal persons and vice versa;
1.3. the following terms and expressions shall have the meanings assigned to them below and cognate expressions shall have a corresponding meaning –
1.3.1. “the/this agreement” means the agreement as set out herein together with all appendices thereto;
1.3.2. “the goods” will refer to the equipment or consumables as described in the invoice generated by the Seller to the Purchaser.
1.3.3. “business day” means any calendar day, excluding Saturdays, Sundays and public holidays;
1.3.4. “the effective date” means the date of full and final settlement of the purchase price as mentioned in 5 hereof;
1.3.5. “the Seller” means The Von’s Investment CC, a Company registered in South Africa with registration number 2003/027063/23;
1.3.6. “the Purchaser” means the person or entity who’s name appears on the invoice generated by the Seller for the sale of the goods;
1.3.7. “the purchase price” means the purchase price as set out in the invoice generated by the Seller for the sale of the goods and will include any additional costs relating to courier charges, VAT or other charges stipulated in the said invoice;
1.3.8. “the invoice” means the standard vat invoice to be issued by the Seller to the Purchaser from information supplied by the Purchaser electronically on the webpage of the Seller.
2.1. The Seller is the owner of the goods;
2.2. The Purchaser wishes to acquire the goods and the Seller is willing to sell the goods to the Purchaser;
2.3. The parties accordingly agree as set out herein.
3. PURCHASE CONSIDERATION AND PAYMENT
3.1 Payment may be made via Visa or MasterCard credit card or by bank transfer into the Seller’s bank account, the details of which will are provided on the website.
3.2 Credit card transactions will be acquired for the Seller via PayGate (Pty) Ltd who are the approved payment gateway for Standard Bank of South Africa. PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no credit card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.
3.3 Customer details will be stored by the Seller separately from card details which are entered by the client on PayGate’s secure site. For more detail on PayGate refer to www.paygate.co.za
3.4 The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR).
3.5 The Seller takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods.
3.6. The Purchaser hereby agrees that no transaction will be concluded until such time as the full purchase price is paid into the bank account of the Seller.
3.7. If payment is made other than by EFT or cash, it will only be deemed to have been received by the Seller once the funds are cleared by the Seller’s bank.
4.1. Subject to availability and receipt of payment, requests will be processed within 7 days and delivery confirmed by way of invoice which will include the delivery method and costs.
4.2. The Purchaser will have the option to collect the goods from the business address of the Seller in Rustenburg, Northwest Province, South Africa.
4.3. Should the Purchaser elect not to collect the goods, the Seller will arrange for delivery by means of a delivery service to the Purchaser’s address as reflected on the invoice;
4.4. If requested, the Seller will ensure that the equipment is insured with the delivery service who will be instructed to deliver the goods. The costs relating to the insurance will be for the Purchasers account and will reflect on the invoice.
4.5. It is specifically recorded that the Seller will instruct the delivery service on behalf of the Purchaser to deliver the goods to the Purchaser.
4.6. The Seller will use its best endeavours to ensure that delivery takes place on the dates quoted, if any but will not be responsible or liable for any costs or damages caused by any delay in delivery of the goods;
4.7. The Seller shall not be liable for any special, incidental, or consequential damages resulting from delivery delays or inability of the courier service to deliver the goods;
4.8. The Purchaser shall be responsible for any delivery and insurance charges;
5. RETURN AND REFUNDS
5.1 The provision of goods and services by Seller is subject to availability. In cases of unavailability, The Seller will refund the client in full within 30 days. Cancellation of orders by the client will attract a 15 % administration fee.
5.2 If any of the goods are damaged upon delivery thereof, the Purchaser shall keep all packaging material and contact both the delivery service and the Seller in writing immediately;
5.3 In the event that any of the goods or other equipment is noticeably damaged, such as but not limited to broken crating or torn wrap, the Purchaser must indicate in writing on the courier’s release records: “SHIPMENT PACKAGING IS DAMAGED, AND TIME FOR FURTHER INSPECTION OF PRODUCT WILL BE NEEDED TO FILE A CLAIM IN THE EVENT THE PRODUCT IS ALSO DAMAGED.” This will give the Purchaser time to unwrap or unpack the goods for inspection;
5.4 The Purchaser hereby agrees that additional precautions shall be met by taking pictures of the noticeable damage prior to examining the goods;
5.5 Should the Purchaser sign the delivery service form without adding the statement mentioned in paragraph 5.3 hereof, the Purchaser will release the delivery service from taking responsibility for any damage caused to the goods. The Seller shall not be able to assist the Purchaser to file a claim and recover the loss of the goods.
5.6 If the goods are damaged in such a way that the Purchaser has to refuse to accept the delivery of the goods, the Purchaser must immediately contact the Seller in order to lodge a claim.
6. RISK AND OWNERSHIP
All risk and benefit in the goods and all the assets forming part thereof shall be deemed to have passed to the Purchaser when the goods are handed to the delivery service for delivery thereof to the Purchaser.
7.1 All software furnished with the goods is licensed by the Manufacturer to the Purchaser on a non-exclusive basis for use by the Purchaser;
7.2 The usage of the software is restricted to equipment for which it was acquired;
7.3 The Purchaser acknowledges that the goods hereby purchased requires the use of a personal computer on which a suitable operating system is installed (Windows XP, Windows 7, Windows 8 and MAC) which is not supplied or sold to the Purchaser herewith.
8.1 The goods are guaranteed for 1 (ONE) year for defects due to faulty material and bad workmanship in the manufacturing thereof;
8.2 The Seller will repair or replace defective goods but is not responsible for any consequential loss incurred due to defective goods or faulty equipment;
8.3 This warranty does not cover normal wear, misuse or consumable items.
8.4 The Seller warrants that –
8.4.1 the software will perform in accordance to the written materials for this product; and
8.4.2 the Seller’s software works in compliance with Windows XP, Windows 7, Windows 8 and MAC.
8.5 The obligation of the Seller under this warranty is limited to replacing parts or repairing at its option at its premises, of said goods which shall, within 1 (ONE) year after invoice date to the Purchaser, be returned to the Seller’s business premises, transportation charges paid in advance and which are, after examination determined to be defective. The Seller does not do onsite repair work, but at its option will instruct and support the Purchaser on any repairs that may be needed at Purchaser’s location;
8.6 This Warranty shall not apply to any goods which have been repaired or altered, except by the Seller or its authorised centres or which have been subjected to misuse, negligence, or accident. The original warranty period of any product, which has been either repaired or replaced, will not be extended.
8.7 The Purchaser further represents and acknowledges that the Seller has not made any representations or warranties, direct or indirect, express or implied as to any manner whatsoever, including without limitation, the design or condition of any item of goods, its merchantability or its liability or its fitness for any particular purpose, the quality of the material or workmanship of any item of equipment, improper delivery, delay in delivery or conformity of any item of equipment to the provisions and specifications of any purchase or orders relating thereto, nor shall the Seller be liable for incidental or consequential damages.
8.8 The Seller shall not be liable to Purchaser, or any other party, for any loss, damage, injury or expense of any kind or nature caused directly or indirectly by the goods or the failure of the equipment to operate properly;
8.9 This Warranty applies only to equipment supplied new to the Purchaser;
8.10 This Warranty will not apply if during the warranty period:
8.10.1 the serial number or any tamper label is removed or changed in any way;
8.10.2 the goods are repaired other than by an Authorised Service Agent;
8.10.3 the goods have been used contrary to any technical or operating environment guidelines recommended in its user guide or manual;
8.10.4 Equipment’s malfunction or failure results from:
188.8.131.52 deliberate or accidental damage;
184.108.40.206 neglect or modification;
220.127.116.11 incorrect voltage or a power surge; or
18.104.22.168 use of any non-genuine consumables, software, parts, accessories or interfacing.
9. SAFETY PRECAUTIONS
9.1 The Purchaser shall require employees to use all safety devices, guards and proper safe operating procedures as set forth in manuals and instruction sheets furnished by the Seller;
9.2 The Purchaser shall not remove or modify any such device, guard or sign;
9.3 It is the responsibility of the Purchaser to provide all the means that may be necessary to effectively protect him/herself, all people around the machine and employees from serious bodily injury which otherwise may result from the method of particular use, operation, set-up or service of the goods.
9.4 Should the Purchaser fail to comply with such provisions of this paragraph or the applicable standards or regulations aforementioned, the Purchaser shall indemnify and save the Seller harmless from and against any and all claims, losses or damages arising therefrom?
10. DESCRIPTION OF EQUIPMENT
All weights given are estimates, stated as correctly as possible and any minor deviations shall not invalidate this purchase order. Brochures, photographs and other illustration representing the equipment offered are not binding in detail, as improvements are constantly being made in design. Brochures and website are subject to change without notice.
Should either the Seller on the one hand, or the Purchaser on the other hand (“the defaulting party”) commit any material breach of this agreement of any of its obligations in terms of this agreement and fail to remedy such breach within 10 (TEN) days after receipt of a written notice to that effect from the other party (“the non‑defaulting party”), then and in such event the non‑defaulting party shall be entitled, without prejudice to any other right which it may have in terms of this agreement or in law, either cancel this agreement or to claim specific performance, specifically without prejudice to its rights to claim damages. In the event of cancellation both parties will have the right to immediately claim return of whatever was performed by that party up to cancellation.
12. DOMICILIUM AND NOTICES
12.1 This website is governed by the laws of South Africa and the Seller chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature, as 176 President Mbeki Drive, Rustenburg, 0300.
12.2 The Purchaser choose domicilium citandi et executandi (“domicilium address”) for all purposes arising from or pursuant to this agreement, as the addresses mentioned in the invoice;
12.3 Any party shall be entitled from time to time, by written notice to the other, to vary its domicilium address to any other address within the Republic of South Africa which is not a post office box or poste restante;
12.4 All notices given in terms of this agreement shall be in writing and any notice given by any party to another (“the addressee”) which –
12.4.1 is delivered by hand or transmitted by tele facsimile shall be deemed to have been received by the addressee on the first business day after the date of delivery or transmission, as the case may be; and
12.4.2 if posted by prepaid registered post from an address within the Republic of South Africa to the addressee at its domicilium address for the time being shall be deemed to have been received by the addressee on the 14th (FOURTEENTH) business day after the date of such posting, unless the contrary is shown.
12.5 Notwithstanding anything to the contrary contained or implied in this agreement, a written notice or communication actually received by one of the parties from another, including by way of facsimile transmission, shall be adequate written notice or communication to such party.
13. CUSTOMER PRIVACY
The Seller shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, "personal information" shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://www.polity.org.za/attachment.php?aa_id=3569
14.1 This agreement read with its appendices constitutes the sole record of the agreement between the parties in regard to the subject matter hereof;
14.2 No party shall be bound by any representation, warranty, undertaking, promise or the like not recorded in this agreement;
14.3 No addition to, variation or consensual cancellation of this agreement shall be of any force or effect unless done in writing and signed by or on behalf of all the parties;
14.4 Any indulgence which any party may show to any other in terms of or pursuant to the provisions contained in this agreement shall not constitute a waiver of any of the rights of the party which granted such indulgence;
14.5 The offering on this website is available to South African clients only.
14.6 This website is run by The Von’s Investment cc based in South Africa trading as 3D Printing Systems SA and with registration number 2003/027063/23 and owned by H J von Maltitz (Member)
14.7 Contact details:
Telephone: +27 (0)14 597 3327 / +27 (0)82 458 3571