TERMS & CONDITIONS OF SALE
DEALER AND RETAIL CUSTOMERS
As per our Terms & Conditions, Customers who have applied and been accepted as registered dealers for AQUATIX (“Partners”) will receive partner prices.
All Customers who are not Partners are considered to be retail Customers (“Retail Customers”) and retail prices will apply.
This Contract shall be governed and construed under and in accordance with the laws of the Republic of South Africa and AQUATIX shall, at its option and notwithstanding that the amount of its claim or the nature of the relief sought exceeds the jurisdiction of the Magistrate’s Court, be entitled to institute action out of such court.
The delivery address provided by the Customer / Partner as reflected in the Order, Quotation, Proforma Invoice, or Tax Invoice shall be the Customer / Partners domicilium for all purposes in terms of this Contract for giving of any notice, the payment of any sum, the serving of any process and for any other purpose arising from this Contract. A notice in terms of this Contract shall be presumed to have been duly given, if delivered by hand, on the date of delivery if sent by post, 7 (seven) days after posting, if sent by facsimile, on the day that the facsimile is transmitted if sent by email, the date of the “Read Receipt” notification.
WAIVER AND INDEMNITY
To the extent permitted by law, AQUATIX shall not be liable to the Customer / Partner nor to any third party for any loss, claim, damage, injury or death of whatsoever nature, howsoever arising (including consequential or incidental loss) unless such loss, claim, damage, injury or death arises from gross negligence on the part of AQUATIX.
The Customer / Partner shall not duplicate copyrighted material. In the event of the Customer / Partner duplicating copyrighted material, each attempt to do so will immediately render the full prevailing price in respect thereof payable to AQUATIX.
PROTECTION AND PROCESSING OF PERSONAL INFORMATION
The Customer / Partner understands that the personal information given to AQUATIX is to be used for the purposes of assessing creditworthiness and to perform in terms of this Contract. The Customer confirms that the information given to AQUATIX is accurate and complete. The Customer further agrees to update the information supplied as and when necessary, to ensure the accuracy of the above information failing which AQUATIX will not be liable for inaccuracies.
The Customer / Partner hereby consents to and always authorizes AQUATIX to furnish credit information concerning the Customer / Partner’s dealing with AQUATIX to a credit bureau and to any third party seeking a trade reference regarding the Customer / Partner dealings with AQUATIX.
WARRANTIES & INDEMNITIES
Goods may be guaranteed under the manufacturer’s product-specific warranties only, and all other guarantees and warranties including common law guarantees and warranties in relation to goods and services are hereby specifically excluded by AQUATIX.
All guarantees are immediately null and void should any equipment be tampered with or broken by anyone other than AQUATIX or its appointed nominee, or should the goods be operated outside the manufacturer’s specifications.
OWNERSHIP & RISK
All risk in and to all goods sold by AQUATIX to the customer shall pass to the customer on delivery thereof.
Ownership in all goods sold and delivered shall remain vested in AQUATIX until the full purchase price has been paid, and in the event of a breach of these terms and conditions by the customer.
If the customer is sequestrated or placed under liquidation or judicial management or commits any act of insolvency or enters into any compromise with its creditors or fails to satisfy a judgement granted against it within 7 (seven) days of the date of judgement or changes the structure of its ownership, AQUATIX shall be entitled to take possession of the goods without prejudice.
Any further rights vested in AQUATIX, will irrevocably be authorized to enter upon the customer’s premises to take possession of such goods without a Court order.
PRICES AND AVAILABILITY OF GOODS
- Prices displayed on the website are Retail prices including VAT.
- Partner pricing excludes VAT and applies only to Registered Partner Customers
- All prices are exclusive of delivery charges.
- The images of the goods on the Website are for illustrative purposes only and may differ from the actual Goods.
- The price payable by the Customer / Partner will be the price as of the date of the Tax Invoice, this price may differ from the price on the website or quotation due to the fluctuation in the exchange rate of the rand.
- The Goods are subject to availability of stock. If on receipt of the order, the goods the Customer / Partner has ordered are not available in stock, AQUATIX will inform the Customer / Partneras soon as possible.
- Availability of stock from third party affiliate suppliers may also affect the prices. Every effort is made to ensure that prices shown on the website are accurate at the time the Customer / Partner places an order. If an error is found, AQUATIX will inform the Customer / Partner as soon as possible and offer the Customer / Partner the option of reconfirming the order at the correct price or canceling the order. If AQUATIX does not receive an order confirmation within seven (7) business days of informing the Customer / Partner of the error, the order will be cancelled automatically. If the Customer / Partner cancels the order, or if the order is cancelled automatically due to the expiry of the Seven (7) business day period, AQUATIX will refund the Customer / Partner the price paid for the goods, if any.
AQUATIX has the right to change the prices of the goods from time to time without prior notice to the Customer / Partner.