STANDARD TERMS AND CONDITIONS OF NETCONNECT
to the following terms and conditions:
1. COMMENCEMENT AND TERMINATION SUPPLY OF GOODS AND SERVICES PRICE, PAYMENT AND INTEREST
1.1 This Agreement shall commence on the date of Netconnect informing the Client in DISCOUNTS OWNERSHIP DELIVERY AND RISK
writing to its domicilium address as referred to in clause 8 below of its granting of
the credit facility applied for by the client and shall continue in force indefinitely
thereafter unless it is terminated for reasons set our below of by one of the parties
giving the other party 3 months written notice of its intention to terminate this
Agreement (without the cancelling party having to give any reasons for such
terminations).
1.2 Netconnect shall be entitled to terminate this Agreement immediately upon notice in
writing to the Client:
1.2.1 If there is no activity in the account for a period of eight months;
1.2.2 If the client fails to pay Netconnect by the due date any monies due to
Netconnect in terms of this Agreement;
1.2.3 If the Client fails to remedy the breach within 7 days of the date of
Netconnect's notice calling for such remedying of the breach;
1.2.4 If the Client does anything in contemplation of insolvency or a material
change occurs in the management or control of the Client's business;
1.2.5 If the Client fails to ensure that its business conforms with reasonable
industry standards of business ethics or quality of service;
1.2.6 If the client suffers any civil judgement to be taken or entered against it.
2.
2.1 The supply of goods to the Client may include, but not necessarily be limited to,
computer hardware and/or computer software (the "Goods").
2.2 The supply of services to the Client may include, but no necessarily be limited to:
2.2.1 the ordering and delivery of Goods purchased by the Client;
2.2.2 the installation and maintenance of the Goods;
2.2.3 the installation and maintenance of network facilities;
2.2.4 the installation of backup services;
2.2.5 the provision of training services
(paragraphs 2.2.1 – 2.2.5 are hereafter collectively referred to as the
"Services").
3.
Any contract for the supply of goods and services between Netconnect and The Client shall be subject
3.1 Unless otherwise stated, all prices for Goods and/or Services quoted by Netconnect
exclude delivery charges, import duties, levies or like charges, all of which shall be
paid by the Client.
3.2 Payment of Goods and/or Services supplied to the Client shall be made within 30
days of date of invoice, without deduction and at such address as Netconnect may
nominate in writing from time to time.
3.3 If any amount is not paid within the agreed period the Client shall be liable for
interest at the prime overdraft lending rate offered by Netconnect's bankers to its
most preferred commercial clients plus 1%. Such interest shall be calculated and
paid monthly in advance, provided that if the interest is not paid as aforesaid, the
interest shall be added to the principal sum.
3.4 Post-dated cheques will not be accepted as payment.
3.5 The Client shall not be entitled to offset any amounts claimed by the Client against
any money owing by the Client to Netconnect.
3.6 The Client agrees that in the event of any portion of an invoiced indebtedness being
disputed, then the Client shall nevertheless forthwith pay the undisputed amount of
such indebtedness according to the agreed terms of payment.
4.
The price of the Goods sold to the Client is strictly nett and not subject to any discounts
unless otherwise agreed to in writing. If any discount is agreed to in writing it shall only be
allowed if payment is received by Netconnect strictly by the due date and shall only apply to
the actual price of the Goods and not to any Services, value added tax, transport or delivery
costs, insurance, storage charges or other duties or taxes.
5.
Ownership of Goods obtained from Netconnect by the Client shall remain the sole and
absolute property of Netconnect until payment has been received in full by Netconnect from
the Client.
6.
6.1 Unless otherwise agreed in writing, all Goods shall be delivered in such a manner as
Netconnect shall determine in consultation with the Client.
6.2 All risk in the Goods shall pass to the Client upon the delivery of the Goods to the
Client.
6.3 Where it has been agreed that the relevant Goods sold shall be delivered in more
than one consignment, each consignment shall be deemed to be a separate sale.
The Client shall be liable to pay the purchase price owing in respect of each
consignment on due date and the validity of the sale of any consignment shall in no
way be affected if the sale of any consignment fails for any reason.
6.4 If Netconnect is prevented from delivering any Goods at the time stipulated for
delivery as a result of a default on the part of the Client, the Client shall be liable for
all expenses incurred by Netconnect in consequence thereof, including expenses for
the storing and handling of the Goods.
6.5
6.5.1 All Goods installed by Netconnect shall be deemed to be operating
satisfactorily unless Netconnect receives written notification of the contrary
from the Client within 7 days of installation; and
6.5.2 All Services provided by Netconnect shall be deemed to be in accordance
with the Client's requirements unless Netconnect is notified of defects /
problems with such Services within seven (7) days of delivery of the
Services.
6.6 Netconnect reserves the right to levy a delivery charge on all Goods delivered and
such delivery charge shall be in accordance with Netconnect's prevailing delivery
charge rates from time to time.
6.7 Unless otherwise agreed to in writing, all Services shall be supplied during office
hours of 08:30 to 16:30 Monday to Friday.
7.
7.1 Subject to provisions of clause 6.5, Netconnect warrants that the Goods and
Services supplied to the Client will comply with commercially acceptable standards.
7.2 The warranty in respect of Goods supplied by Netconnect is limited to the
manufacturer's warranty in respect of such Goods.
7.3 All other warranties and representations, including the warranties of merchantability
and fitness for a particular purpose are specifically excluded.
8.
8.1 Netconnect's liability for any loss or damage, howsoever arising, suffered by the
Client as a result of Goods and/or Services supplied by Netconnect shall at all times
by limited to the amounts paid by the Client to Netconnect in respect of such Goods
and/or Services.
8.2 Netconnect shall not be liable to the Client or to any other person for any indirect or
consequential damages or any nature whatsoever or any loss of profit or special
damages of any nature whatsoever and whether in contemplation of the parties or
not which the Client may suffer as a result of any breach by Netconnect of any of its
obligations under these terms and conditions, or arising from the supply of Goods
and/or Services by Netconnect hereunder or arising out of any other cause of action
whatsoever.
9.
9.1 The parties select as their respective
of legal proceedings and for the purposes of giving or sending any notice provided
for or necessary in terms of this Agreement, the following address:
Netconnect 78 Mangold Street
Newton Park
PORT ELIZABETH, 6055
Fax No. (041) 365 3733
The Client Its physical and business address and telefax
number as set out on the first page of this
Agreement.
or such other address or telefax number as may be substituted by written notice
given as required. Each party will be entitled from time to time to vary its
domicilium by written notice to any other address within the Republic of South Africa
which is not a post office box or post restante.
9.2 Any notice addressed to a party at its domicilium address as aforesaid shall be sent
by registered post, or delivered by hand, or sent by telefax.
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WARRANTIES LIMITATION OF LIABILITY DOMICILIUM
domicilia citandi et executandi for the purposes RETURN OF PRODUCTS TO NETCONNECT FOR CREDIT
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