“Goods” means any goods and/or services provided by the Company as ordered by the Client
“Company” means ARTsolar (Pty) Ltd.
“Client” means the person, firm or company placing an order with the Company.
These terms and conditions apply to any provision of services or materials by the Company to the Client.
3) FORMATION OF CONTRACT
All Goods sold by the Company are sold subject to the Company’s standard terms and conditions (as detailed below) which form part of the Client’s contract with the Company. Terms and conditions on the Client’s order form or other similar document shall not be binding on the Company.
The prices, quantities and delivery time stated in any quotation are not binding on the Company. They are commercial estimates only which the Company will make reasonable efforts to achieve.
5.1 Orders will be deemed to have been placed when an email confirmation has been received from a responsible executive of the client company.
5.2 For email invitations, online fulfilment projects and direct marketing files (as provided by Prime Prospects) it is a requirement of the Company, that the email piece, online form or mail piece shall be approved by the company before an order can be confirmed and any data despatched.
6) RIGHT TO SUB CONTRACT
Unless otherwise agreed the Company shall be entitled to sub-contract all or any part of the work.
The Company will use its best endeavours to supply the services or materials within the quoted time (normally within a maximum of seven days from order or otherwise as agreed) but time will not be of the essence within the contract.
The Client acknowledges that the rights to the Goods are owned by the Company and that the Goods are protected by South African copyright laws, international treaty provisions and all other applicable national laws.
9) RISK OF LOSS
The risk of loss or damage to the Goods shall pass to the Client upon delivery of the Goods, except where covered by the Company’s warranty.
Payments are strictly cash on delivery, unless otherwise specified.
Should the Client wish to cancel a confirmed order, they need to inform the Company via email at [email protected] as stock is reserved for any confirmed orders.
Delivery is quoted on by request from the Client and any delivery charges are included in the final invoice due to the Client. Delivery times will be confirmed with the client after an order has been placed.
All written notices to be served on or given to the Client shall be sent or delivered to the client’s principle place of business and shall be treated as having been given upon receipt.
14) LOSS OR DAMAGE TO SUPPLIES
The Company will take all reasonable steps to ensure the protection from loss, damage or destruction of the services or materials it supplies to the Client (or which may be received from the Client).
15) USAGE OF THE SERVICES OR MATERIALS
Unless otherwise agreed in writing by the Company, the Client (and their clients) shall be entitled to use the services and materials provided as follows: .
15.1 All files of Consumer and Business data records are for single use and for use within a period of not more than 6 months from date of delivery.
15.2 Files of Samples of Consumer or Businesses data records are provided solely for the purpose of conducting market research to be carried out in conformity with the recognised ESOMAR/MRS Code of Conduct of the market research industry. The Client shall not otherwise be entitled to store, or to pass on (whether to his/her client or other person) or make any other use of these services and materials.
15.3 The Client shall bear responsibility for ensuring that all usage of information contained within any service as provided by the Company is in accordance with, and does not contravene, any Data Protection or other laws, regulations or other trade customs and practices. The Company bears no liability for any omissions or faults in these respects.
Both parties shall maintain strict confidence and shall not disclose to any third party any information or material relating to the other or the other’s business which comes into that party’s possession and shall not use such information and material without written permission by the other party. This provision shall not, however, apply to information or material which is, or becomes, public knowledge by means other than by breach by a party to this clause.
17) EMPLOYMENT OF PERSONNEL
Subject to the prior written consent of the Company the Client shall not induce to employ, whether as an employee, agent, partner or consultant, any employee of the Company directly associated with delivery of the Goods.
The Company provides a limited warranty on all goods sold which is available on request and is also presented on confirmation of any order.
19) LIMITATION OF LIABILITY
19.1 The Company shall not be liable for any claim arising out of the performance, non-performance, delay in delivery of or defect in the Goods nor for any special, indirect, economic or consequential loss or damage howsoever arising or howsoever caused (including loss of profit or loss of revenue) whether from negligence or otherwise in connection with the supply, functioning or use of the Goods which does not fall under the Company’s limited warranty.
19.2 Nothing herein shall limit either party’s liability for death or personal injury arising from the proven negligence by itself or its employees or agents.
19.3 The Client shall fully indemnify the Company against any liability to third parties arising out of the Client’s use of the Goods.
20) FORCE MAJEURE
The Company will not be liable to the Client for any loss or damage suffered by the Client as a direct result of the Company, its sub-contractors or the list-owner from whom the sample or other service or material is derived being unable to perform the Contract in the way agreed by reason of cause beyond its control including Act of God, accident, war, riot, lockout, strike, flood, fire, power failure, breakdown of plant or machinery, delay in transit, postal delay, or any other unexpected or exceptional cause or circumstance.
21) GOVERNING LAW
These Terms of Trading shall be subject to and construed in accordance with the laws of South Africa and the parties hereby submit to the exclusive jurisdiction of the South African courts.