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1 PURCHASE PRICE AND TRADING TERMS

1.1 The Customer shall pay the amount on the Order at the offices of Routel Technologies, prior to delivery by either cash payment, or internet banking into Routel Technologies  bank account.

1.2 All payments shall be made in South African Rands, free of conditions without deduction or set off.

1.3 No extension of payment terms will be permitted unless agreed to in writing by a duly authorised representative of Routel Technologies.

1.4 Any discount or rebate approved by an authorised representative of Routel Technologies will only be valid and binding if reduced to writing. Discounts and rebates will be forfeited if full payment is not made by or on the due date.

1.5 Routel Technologies shall be entitled to invoice separately for each delivery or performance.

1.6 Routel Technologies may at its election provide a certificate duly signed by its Managing director, recording the amount that the customer owes to Routel Technologies. The Customer agrees that Routel Technologies may take judgment based on the amount recorded therein.

1.7 The Customer shall pay interest at the maximum percentage allowed in law above the publicly quoted basic rate per annum ruling from time to time at which Nedbank Limited lends on overdraft to its corporate clients, calculated nominal annual compounded monthly, on all amounts owing by the Customer to Routel Technologies which have not been paid on the due date thereof, reckoned from the due date thereof until date of payment. Such interest shall be payable on demand.

1.8 The credit limit granted by Routel Technologies  to the Customer may not be exceeded without prior written consent. Routel Technologies  reserves the right to change the credit limit at any time without notice and any amount over the credit limit will be supplied on a strictly cash on delivery basis.

 

2 DELIVERY AND PERFORMANCE

2.1 Subject to the provisions of the CPA (if applicable) Routel Technologies:

2.1.1 Shall be entitled in its sole discretion to split the delivery or performance of the Products and/or Services ordered in the quantities and on the dates it elects;

2.1.2 Provide times for the delivery of Products or performance of the Services which shall merely be estimates and shall not be binding on Routel Technologies  unless agreed to in writing by an authorised representative of Routel Technologies;

2.1.3 Require that delivery of the Products to the Customer takes place at the place of business of Routel Technologies, on proof of payment by the Customer; and

2.1.4 have the right to engage a third party to transport the Products on behalf of the Customer, if necessary, and Routel Technologies shall be authorized to engage a third party as the authorized agent of the Customer, the costs thereof shall be for the Customer’s account.

2.2 Any delivery note (copy or original) signed by the Customer or its authorized agent shall be conclusive proof that delivery was made to the Customer.

2.3 Signature of the delivery note constitutes prima facie proof that the Products and Services delivered comply with the Customer’s Order.

2.4 In the event of Routel Technologies acceding to any request by the Customer to postpone delivery of the Products, or in the event of the Customer failing to give Routel Technologies sufficient information to enable it to process any Order, the Customer shall pay any costs and expenses thereby incurred by Routel Technologies.

2.5 The Customer agrees that the Products will be offloaded at the nearest accessible point on site. Routel Technologies shall not be held responsible for any damage to any Products delivered during the delivery process, arising from any cause whatsoever.

2.6 Any repair time or cost estimates given by Routel Technologies to the Customer shall be estimates only and are not considered binding upon Routel Technologies. Any item handed in for repair to Routel Technologies may be sold to defray costs if such repair items are not collected within 30 (thirty) days of such repair being carried out.

2.7 All Products taken by the Customer on evaluation or approval demonstration shall be deemed sold if not returned within 7 (seven) days from delivery in perfect condition, in the original packaging and with all accessories and manuals intact

3 WARRANTIES

3.1 Warranty of Quality

3.1.1 Subject to the conditions of the CPA (if applicable), no warranties, guarantees or representations, expressed or implied or tacit, whether by law, contract or otherwise, and whether they induced the contract or not, which are not set out in this Agreement, shall be binding on Routel Technologies. The Customer waives any right (common law or otherwise) it may have to rely on.

3.1.2 New products carry the warranty in accordance with the manufacturer’s product specific warranty.

3.1.3 All warranties are immediately null and void if (inter alia):

3.1.3.1 any Product has been tampered with or found to be damaged and/ or defaced and/ or altered in any way by the Customer; and/ or

3.1.3.2 the seals on the Product have been broken by anyone other than Routel Technologies; and/ or

3.1.3.3 the Customer has made use of the Products in a way that appears to be inconsistent with the manufacturer’s specifications and/or

3.1.3.4 the Products have been utilised in a way that is not ordinarily used and such use has caused the damage and/ or defect; and/or

3.1.3.5 the defect and/or damage reported by the Customer to Routel Technologies applies to any ordinary wear and tear in respect of the Products; and/ or

3.1.3.6 any component(s) have been deliberately removed or found to be missing by Routel Technologies  from the Product being returned; and/ or

3.1.3.7 any other situation specifically included in the supplier’s policies and/ or warranties which may specifically prohibit the Customer from using it as a reason to return a Product.

3.1.4 Notwithstanding the contents of clause 6.1 above, insofar as the Customer enjoys protection under the CPA, the

3.1.4.1 The Customer may return the Product to Routel Technologies if the goods do not satisfy the requirements of Section 55 of the CPA in which event Routel Technologies shall either:

3.1.4.1.1 replace the failed, unsafe or defective Product within the warranty arrangement dealt with in clause 6.1.2; or

3.1.4.1.2 refund the Customer the price paid by the Customer (as reflected in the tax invoice provided by the Customer to Routel Technologies) for the defective Product

3.1.4.2 It is the responsibility of the Customer to advise Routel Technologies in writing of any specific purpose the Products and/ or Services are intended for. If, after having notified Routel Technologies of this intended use, the Product recommended by Routel Technologies does not fulfil the purpose as stated by the Customer, the Customer shall notify Routel Technologies within 30 (thirty) days from the date of purchase of the Product of this failure. Routel Technologies shall then replace the Product and/ or Service with a more suitable solution or credit the Products and/ Service to the Customer’s account.

3.1.5 Where the provisions of the CPA are applicable in respect of the return and/ or replacement of Products and/or Services as referred to in 6.1.4 above, Routel Technologies shall have a further right to levy a reasonable Usage Fee in accordance with the provisions of the CPA. Such Usage fee shall be paid by the Customer to Routel Technologies before the refund or replacement of any Product.

3.2 General Warranties

3.2.1 The Customer warrants that:

3.2.1.1 no representations were made by Routel Technologies in regard to the suitability of the Products and/ or Services or any of its qualities other than those contained herein;

3.2.1.2 neither Routel Technologies nor any of its employees, agents or suppliers shall be liable for negligent or innocent misrepresentations made to the Customer;

3.2.1.3 it is the sole responsibility of the Customer to determine that the Products and/ or Services ordered are suitable for the purposes of intended use;

3.2.1.4 it shall not translate software received into any other computer language or tamper with the binary code which is proprietary in nature;

3.2.1.5 where the end user of the Products and/ or Service is either a foreign government or for export outside the Republic of South Africa or possibly for proliferation activities it shall immediately disclose such circumstances to Routel Technologies;

3.2.1.6 it shall not supply any Products and/ Services to end users in high conflict zones or entities with known foreign corrupt practices;

3.2.1.7 it shall not procure Products and/ or Services for export to end users in Embargoed destinations and known terrorist supporting countries; and

3.2.1.8 it shall not procure any Products and/ or Services intended for the use in the design, construction, operation or maintenance of any nuclear facility.

4 RETURNS AND REPAIRS

4.1 Subject to the provisions of the CPA (if applicable):

4.1.1 Routel Technologies and that of its supplier’s liability is limited to the cost of the repair or replacement of faulty Products or granting of a credit note to the value of such Products which shall be at the sole discretion of Routel Technologies;

4.1.2 the Customer shall have no claim under this Agreement unless Routel Technologies has received notification of the alleged defect by hand or prepaid registered post within 7 (seven) days of the alleged breach or default occurring;

4.1.3 Routel Technologies shall have 30 (thirty) days from receipt of the notice to respond to any claim under this Agreement;

4.1.4 all claims shall be supported by the original tax invoice issued by Routel Technologies in order for Routel Technologies to consider whether such claim constitutes a valid claim; and

4.1.5 any warranty shall not be valid, unless the Customer returns any defective Product to Routel Technologies together with the original, undamaged packaging material.

5 HANDLING FEE

5.1 Any costs incurred in effecting the return shall be for the Customer’s account.

5.2 In the event of the return Routel Technologies reserves the right to levy a handling fee of 10% (ten per cent) of the purchase price reflected on the tax invoice of any Product returned by the Customer to Routel Technologies, if the return of the Product takes place within 7 (seven) days from the date of invoice.