TERMS AND CONDITIONS
Terms and Conditions of any purchases, repairs or any other form of services from Powertool Repairs.
STANDARD CONDITIONS OF AGREEMENT POLICY
The customer agrees that this Agreement represents the entire Agreement between the customer & Powertool Repairs & that this Agreement represents the Policy of Powertool Repairs & is final & binding.
It is the sole responsibility of the Customer to determine that the goods &/or services ordered & purchased are suitable for the purposes intended.
- These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).
- These Terms and Conditions contain provisions that appear in similar text and style to this clause and which –
- may limit the risk or liability of Powertool Repairs or a third party; and/or
- may create risk or liability for the user; and/or
- may compel the user to indemnify Powertool Repairs or a third party; and/or
- serves as an acknowledgement, by the user, of a fact.
- Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.
- If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask Powertool Repairs to explain it to you before you accept the Terms and Conditions or continue using the Website.
- Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or Powertool Repairs in terms of the CPA. Powertool Repairs permits the use of this Website subject to the Terms and Conditions. By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to the Terms and Conditions.
- Conclusion of sales and availability of stock
- Registered users may place orders for Goods, which Powertool Repairs may accept or reject. Whether or not Powertool Repairs accepts an order depends on the availability of Goods, correctness of the information relating to the Goods (including without limitation the price) and receipt of payment or payment authorisation by Powertool Repairs for the Goods.
- NOTE: Powertool Repairs will indicate the acceptance of your order by delivering the Goods to you or allowing you to collect them, and only at that point will an agreement of sale between you and Powertool Repairs come into effect (the “Sale”). This is regardless of any communication from Powertool Repairs stating that your order or payment has been confirmed. Powertool Repairs will indicate the rejection of your order (by Powertool Repairs) by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.
- Prior to delivery or your collection of the Goods, you may cancel an order at any time provided you do so before receiving a dispatch or delivery notice. After delivery or your collection of the Goods, you may return the Goods only in accordance with the Returns Policy.
- Placing Goods in a wishlist or shopping basket without completing the purchase cycle does not constitute an order for such Goods, and as such, Goods may be removed from the shopping basket if stock is no longer available or the price thereof might change without notice to you. You cannot hold Powertool Repairs liable if such Goods are not available or are not available at the particular price when you complete or attempt to complete the purchase cycle at a later stage.
- You acknowledge that stock of all Goods on offer is limited and that pricing may change at any time without notice to you. In the case of Goods for sale by Powertool Repairs, Powertool Repairs will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are discontinued on the Website. However, we cannot guarantee the availability of stock. When Goods are no longer available after you have placed an order, Powertool Repairs will notify you and you will be entitled to a refund of any amount already paid by you for such Goods.
- In the case of Goods for sale by a Third Party Seller, Powertool Repairs relies on inventory information supplied by the relevant Third Party Seller and Powertool Repairs accordingly bears no liability for any inaccuracies in the information supplied to it. Consequently, should you order any Goods from a Third Party Seller which are in fact sold-out, any resulting dispute should be resolved between you and the relevant Third Party Seller, your respective rights and obligations being as set out in these Terms and Conditions.
1 Powertool Repairs is not liable to you or to any third party for any injury, including, but not limited to, death or damage caused by or resulting from misused or abused machinery, and/or machinery subject to fair wear and tear, and/or machinery damaged by the customer or any of its agents, employees or representatives.”
2 All quotations remain valid for a period of 2 (two) weeks from the date of quotation.
3 All quotations / prices are subject to the availability of the goods or services & subject to good faith errors by Powertool Repairs and the prices quoted are subject to any increases in the cost price, including currency fluctuations. The customer will be notified if any increases apply, and will be afforded the opportunity to either accept or decline the amended quote.”
4 If a customer disputes the amount of increase, the amount of the increase may be certified by an independent auditor & such certificate shall be final & binding on the Customer.
5 The customer hereby confirms that the goods & services on any Tax invoice issued, duly represent the goods & services ordered by the Customer at the prices agreed to by the Customer, and where delivery/performance has already taken place, that the goods or services were inspected and that the customer is satisfied that these conform in all respects to the quality and quantity ordered and are free from any defects.
6 Notwithstanding the provisions of clause 1 above, all orders or agreed variations to 0rders, whether orally or in writing, shall be binding and subject to these standard conditions of Agreement and may not be revoked by the customer.
7 Any delivery note, waybill or job card signed by the customer or a third party engaged to transport the goods & held by Powertool Repairs shall be proof that the delivery was made to the Customer.
8 Delivery & performance times quoted are merely estimates & are not binding to Powertool Repairs. “Powertool Repairs shall not be liable for any loss or damage of whatsoever nature, including consequential loss or damage and loss for profit arising out of delays or failure to deliver due to fire, explosion, unavoidable breakdown of machinery, government acts and/or regulations, strikes, war (declared or not) or by any other acts of God or similar circumstances which are reasonably beyond the control of, and unforeseen by, Powertool Repairs.”
9 Repair times and repair costs are merely estimates and are not binding on Powertool Repairs.
10 Any item handed in for repair may be sold by Powertool Repairs to defray the costs of such repairs if the item remains uncollected within 30 days of the repairs being completed.
11 “New goods are guaranteed according to the Manufacturer’s product specific warranties only. Labour and parts replaced are guaranteed, according to the Manufacture’s product specific warranties, for a period of 3 months.”
12 Liability under clause 11 is restricted to the cost of repair or replacement of faulty goods or services or granting of a credit at the sole discretion of Powertool Repairs.
13 No claim under this Agreement shall arise unless the customer has, within 3 days of an alleged breach of contract and/or defect, given Powertool Repairs written notice by prepaid registered post of such breach /or defect or has physically returned any items to the premises of Powertool Repairs & that those items have been accepted in writing, and has afforded Powertool Repairs at least 30 days to rectify such breach /or defect.
14 To be valid, claims must be supported by an original Tax Invoice.
15 Any defective movable goods returned must be returned in its original or suitable packaging and accompanied with the proof of purchase.
16 All guarantees are immediately null & void should any goods be tampered with, used or should the seals be broken by anyone other than Powertool Repairs or should the goods be used or stored outside the manufacturer’s specifications.
17 Under no circumstances will Powertool Repairs be liable for any damage arising from neglect, misuse or abuse of the goods & services.
18 The customer agrees that the amount contained in a Tax Invoice issued by Powertool Repairs shall be due & payable unconditionally by cash, direct bank electronic transfer or if the customer is a credit approved Customer as per the credit facilities granted by Powertool Repairs.
19 The customer has no right to withhold payment for any reason whatsoever & agrees that no extension of payment of any nature shall be extended to the customer & any such extension will not be applicable or enforceable unless agreed by Powertool Repairs, reduced in writing & signed by a duly authorised representative of Powertool Repairs.
20 All goods supplied byPowertool Repairs remain the property of Powertool Repairs until such time that they are paid in full as per the Tax Invoice related to those goods., whether they are attached to property or not. The customer shall not allow the goods to become encumbered until paid in full.
21 The customer agrees that if an account or invoices are not settled in full within the agreed period of time, that Powertool Repairs is entitled to immediately institute action against the Customer at the sole expense of the customer, or to cancel the agreement & take possession of any goods taken by the Customer & claim damages.
22 The customer irrevocably authorises Powertool Repairs to enter its premises to repossess any goods delivered and indemnifies Powertool Repairs completely against any damage caused beyond Powertool Repairs’ control relating to the removal of repossessed goods.
23 The customer hereby consents that Powertool Repairs shall have the right to institute any legal action in either the Magistrates Court or the local Division of the High Court at their sole discretion.
24 The customer undertakes to inform Powertool Repairs in writing within 5 days of change of Director, Member, Shareholder, Owner or Partner or address or 14 days prior to selling the Customer’s business & failure to do so will constitute a material breach of this Agreement & Powertool Repairs reserves the right to withdraw any credit facility advanced to the customer.
25 Any order is subject to cancellation due to Acts of God or any circumstance beyond the control of Powertool Repairs.
SUSPENSION OF ACCOUNTS
- If you fail to pay the statement balance on the due date, or breach this contract, Powertool Repairs reserves the right to automatically suspend your account & stop supply.
- If the outstanding amount is paid or the breach is remedied within 30 (thirty) days from the date that the breach occurred, the contract, at the sole discretion of Powertool Repairs, may be reinstated.
- Powertool Repairs shall be entitled to withdraw credit facilities at any time within its sole discretion.