STANDARD TERMS & CONDITIONS OF SALE
(updated 7 October 2014)
- “The Company” means Hot Source or G. le Cordeur t/a Hot Source
- “The Customer” means the party who has placed an order, whether verbal or written, with the Company or any party with whom the company contracts as a result of the submission of any offer to purchase Products from the Company and includes any representative of the Customer.
- “The Goods” means the products supplied or to be supplied by the Company to the Customer in accordance with the Agreement and includes products to be sourced in accordance with the specifications of the Customer.
- “The Agreement” means the terms and conditions of sale of the Goods by the Company to the Customer.
- The terms and conditions as set out in this document shall apply to any Agreement in which the Company accepts an order to sell any Goods to any Customer.
- These terms and conditions shall apply to the exclusion of any terms and conditions specified by any Customer and no alteration or variation to these terms and conditions shall be of any force or effect unless recorded in writing and signed by the Company.
- All orders placed shall be in writing and shall be irrevocable upon receipt by the Company. At its’ sole discretion, the Company may accept verbal orders.
Prices and Payment
- The price payable by the Customer for the Goods shall be the price quoted or supplied by the Company at the time of request for pricing order placement
- All prices quoted are exclusive of VAT, delivery and all other charges unless otherwise specified.
- Prices shall apply to the whole of any order. Where only a portion of an order is collected or delivered, the Company reserves for itself the right to increase the price proportionately to cover any fixed costs associated with the whole of such order.
- Only written quotations shall be binding upon the Company and shall lapse if an order is not placed by the Customer within the validity of the quotation or if not specified, within 30 days of the date of submission of such quotation.
- The full price for the supply of the Goods plus VAT and any other charges applicable to the order, shall be payable COD, within 30 days of the date when the Goods become available for collection or delivery unless other terms are specifically agreed by the Company and confirmed in writing.
- Payment shall be made without deduction or offset of any kind and shall be made at the address indicated on the invoice or paid directly into the nominated bank account of the Company.
- Payment details reflecting each individual invoice number and amount paid shall be submitted together with the payment or in the event of a direct deposit, faxed to the Company at the number specified on the invoice.
- In the event that payment is not made within the time specified in sub clause f above, then without prejudice to any other legal remedy available in law, the Company may charge interest on the amount overdue at a rate of 5% (five per centum) above the prime overdraft rate charged by the Standard Bank of South Africa Limited from time to time.
- In the event of any payment being overdue, the Company reserves the right to withdraw any credit facilities granted to the Customer without further notice to such Customer. In such an event the full amount outstanding by the Customer to the Company shall immediately became due and payable.
Delivery, Risk and Ownership
- The Goods will become available for delivery or collection on the date specified in the order or any such other date as advised to the Customer by the Company.
- Delivery of the Goods will be taken by the Customer on such specified date. Failure of the Customer to take delivery on the date so specified shall entitle the Company to store the Goods at the risk and cost of the Customer until such time as delivery is effected.
- Delivery will be effected and the risk therein passed to the Customer when the goods ordered or any part thereof is taken into possession by the Customer, which will occur upon signature by the Customer of the delivery document.
- Any time or date specified for delivery is intended to be an estimate only and the Company shall under no circumstances whatsoever be liable for any loss or profit or consequential damages suffered by the Customer arising out of the Company’s failure to deliver timeously or at all.
- Late or partial deliveries shall in no way invalidate the Agreement and the Customer shall accept such deliveries when so tendered.
- All Goods delivered in terms of this Agreement shall remain the property of the Company until payment in full has been received by the Company. In the event of the default by the Customer, the Company shall be entitled to take possession of the Goods without prejudice to any further rights the Company may have at law or in terms of this Agreement.
Warranty And Return Policy
- The Company will replace any drive supplied to the Customer if perceived to be faulty and returned within 7 (seven) days from date of Company invoice.
- Thereafter and for a further 12 (twelve) month period from date of Company invoice, the Company undertakes to have the drive examined and repaired by the original manufacturer or their appointed agent, or replaced if not repairable at no cost to the Customer.
- The Company will provide the Customer with a full purchase refund on unused drives returned, less a 10% administrative and handling fee under the following non-negotiable conditions :
- the possible return of drives has been discussed prior to the commencement of the shoot
- the drive is returned in it’s original packaging with the manufacturer’s seal intact
- the packaging is in a good order and there are no visible signs of damaged.
If for any reason, you are dissatisfied with your purchase, you may return it within 7 days of the purchase date for a refund which will include a 15% restocking fee, subject to the following conditions:
All returned or exchanged items must be in new condition, in their original box, and must include all packing material, blank warranty cards, manuals, and all accessories. Hot Source is not responsible for any incidental damage resulting from the sale or use of any merchandise purchased with us. We are responsible for the monetary value of the purchased item only
No Return/Exchange on the following:
Software, lighting gels, headsets, earpieces, eyecushions, adhesive tape including gaffer tape and paper tape, batteries, blank media, bulbs, Chroma key and cut materials/fabric/rope/safety line are non-returnable.
- The Company will deliver free of charge within a 50 kilometre radius of the Cape Town Convention Centre.
- Thereafter the Customer will be liable for a delivery charge of R10.00 per kilometre or part thereof.
Liability and Indemnity
- While the Company acknowledges that the Goods will be manufactured and supplied in accordance with the specifications of the Purchaser, the Company shall, under no circumstances whatsoever, be liable to the Customer or any third party for any loss or profit or consequential damage suffered by the Purchaser or third party as a result of any act or omission by the Company.
- The Customer hereby indemnifies the Company, its directors, employees and agents against any loss or damage suffered by them resulting from any claim made against the Company, its directors, employees or agents by any person or entity for any loss, damage, death or injury arising out of the Goods and/or their use for any purpose.
- The Customer furthermore acknowledges and accepts that it is their responsibility to ensure the appropriate backup of all data and the Company as well as the drive manufacturer and their appointed agents cannot be held liable for any loss of data whatsoever.
- This Agreement constitutes the whole of the Agreement between the Customer and the Company relating to the Goods and save as otherwise provided for herein, no amendment, alteration, addition, deletion or variation will be of any force or effect unless reduced to writing and signed by the parties.
- The parties agree that no other terms and conditions, whether oral or written and whether express or implied will be applicable to this Agreement.
- Save for any warranties given in this Agreement and any other written warranties given to the Customer, the Company makes no warranties or representations in respect of the Goods or their use for any purpose.