1 CONTRACT
1.1. These terms and conditions of sale of goods (“Contract”) apply to all goods supplied by NEMSTECH SUPPLIES
1.2. All references to “Customer” refer to the person or juristic person who the products are marketed or supplied to by NEMSTECH SUPPLIES, including Dealers and Retail Customers.
1.3. This Contract will come into force between the Customer and NEMSTECH SUPPLIES for the sale of any goods when NEMSTECH SUPPLIES has –
1.3.1 Received the Customer’s order for the goods and
1.3.2 Accepted the Order by issuing the Customer with a proforma invoice (“Proforma Invoice”) or in the case where no Proforma Invoice is issued, a tax invoice (“Tax Invoice”).
1.4 Once the above requirements have been met, there is a legally binding contract between the parties.
2. DEALER AND RETAIL CUSTOMERS
2.1 Customers who have applied and been accepted as registered dealers for NEMSTECH SUPPLIES will receive dealer prices.
2.2 All Customers who are not Dealers are considered to be retail Customers and retail prices will apply.
3 PRICES AND AVAILABILITY OF GOODS
3.1 All prices displayed are Dealer Prices
3.2 Dealer pricing applies only to Registered Dealer customers
3.3 All prices are exclusive of delivery charges.
3.4 The images of the Goods on the Website are for illustrative purposes only and may differ from the actual Goods.
3.5 The price payable by the Customer will be the price as at the date of the Invoice, this price may differ to the price on the Website or Quotation due to the fluctuation in the exchange rate.
3.6 The Goods are subject to availability of stock. If on receipt of the Order, the Goods the Customer has ordered are not available in stock, NEMSTECH SUPPLIES will inform the Customer as soon as possible.
3.7 NEMSTECH SUPPLIES has the right to change the prices of the Goods from time to time without prior notice to the Customer.
4 PAYMENT
4.1 Payment terms are strictly cash on delivery (“COD”) unless a separate payment plan has been agreed with by Management.
4.2 Payment can be made by electronic funds transfer (“EFT”) directly into Nemstech Supplies’s bank account. Cash will only be accepted in store. Swipe facility is available in Nemstech Supplies Offices
4.3 NEMSTECH SUPPLIES will provide the Customer with an Invoice with delivery of the Goods.
5 DELIVERY
5.1 Goods will only be released once payment has been received and confirmed by NEMSTECH SUPPLIES
5.2 Any Invoice signed by the Customer and/or its authorised representative and/or its nominated agent and held by NEMSTECH SUPPLIES, shall be prima facie proof that delivery was made to the Customer.
5.3 The Customer must inspect the Goods on receipt and be satisfied that the Goods conform in all respects to the quality and quantity ordered and are free from any defects.
5.4 The Customer may elect to instruct their own courier service for collection of the Goods and pay that courier directly.
5.5 All risk in the goods passes to the Customer when the Customer collects the goods from NEMSTECH SUPPLIES. Should the Customer elect to use the preferred courier, NEMSTECH SUPPLIES shall not be liable for any damage to or loss of the goods once they leave the premises of NEMSTECH SUPPLIES. All risk in the goods passes to the Customer once handed over to the preferred third party courier. An invoice, signed by the courier shall be proof that the order was collected by the courier on behalf of the Customer. The Customer hereby indemnifies NEMSTECH SUPPLIES from any claims of any nature whatsoever that might arise from engaging the preferred courier’s services, unless such claim arises as a result of gross negligence on the part of NEMSTECH SUPPLIES
5.6 Ownership in all Goods sold and delivered shall remain vested in NEMSTECH SUPPLIES until the full purchase price has been paid.
6. RETURN OF GOODS
6.1 Return of Goods that did not match the Order
6.1.1 If the Goods do not match what was ordered, the Customer is requested to notify NEMSTECH SUPPLIES as soon as possible after delivery and the Goods must be returned to NEMSTECH SUPPLIES within 5 (Five) business days after delivery.
6.1.2 If the Goods are returned because they did not match what was ordered and the Goods are not in their original condition and repackaged in their original packaging, NEMSTECH SUPPLIES may be entitled in terms of the Consumer Protection Act to charge a reasonable amount for use of the Goods during the time they were in the Customer’s possession, any consumption or depletion of the Goods, or for necessary restoration costs to render the Goods fit for re-stocking.
6.2 Return of defective Goods
6.2.1 All Goods sold have a 1 (one) year warranty against defects. The Customer must keep their proof of purchase to verify the date of purchase. Please note that, in terms of the Consumer Protection Act, this warranty may fall away if the Goods have not been installed correctly or have been altered contrary to instructions or after leaving the control of NEMSTECH SUPPLIES.
6.2.2 If the Goods are returned within 1 (one) year of purchase, and has been proven to be defective by a NEMSTECH SUPPLIES technician, NEMSTECH SUPPLIES, at its election, shall either replace, repair or refund the Goods.
6.2.3 Any Goods damaged due to power surges, black outs or lightning will not be exchanged under warranty.
6.2.4 The Customer hereby agrees that any item under warranty returned for a repair may be sold by NEMSTECH SUPPLIES to defray the cost of such repair if the item remains uncollected for a period of 30 (thirty) days after the repairs have been completed.
6.3 Return of unwanted Goods
6.3.1 NEMSTECH SUPPLIES reserves the right to charge a handling fee of up to 15% (fifteen per cent) of the value of the returned.
Goods in the event that a Customer cancels an Order and NEMSTECH SUPPLIES accept the return of unwanted Goods.
NEMSTECH SUPPLIES will only entertain such requests if made within 10 (ten) business days of delivery of the Goods.
