- Where reference is made herein to goods it shall include services, and vice versa.
- This quotation is valid for seven (7) days from the published date
- All prices exclude VAT.
- Goods and/or services shall only be supplied upon receipt of an official order number, or written confirmation of the order.
- All sales of goods and/or services to the customer may be subject to exchange rate variations.
- All terms are strictly cash or bank guaranteed cheque unless the customer has an approved credit facility. If so, payment terms are strictly in line with the credit agreement. Customers paying cash for COD purchases may only do so if collecting from the SmartCrypto offices.
- SmartCrypto reserves the right to convert a transaction on credit to a CWO/COD transaction at any time without prior notice.
- SmartCrypto reserves the right to cancel the customer’s credit facility without prior notice.
- Amounts in excess of the customer’s approved credit limit may become payable immediately.
- The customer’s order shall constitute a commitment to pay for the goods and/or services ordered.
- Software is payable on order and training is payable seven (7) days prior to the commencement of the training.
- Rental payments are due in advance by no later the 1st of the month unless otherwise agreed in writing.
- All applicable bank charges are for the customer’s account, and should under no circumstances be deducted from the amount of the invoice when payment is made. This applies to all charges, whether originating with the customer’s bank or any forwarding bank.
- All applicable Withholding Tax charges are for the customer’s account, and should under no circumstances be deducted from the amount of the invoice when payment is made.
- If required, additional services are available at Standard Rates plus travel, excluding VAT.
- A Standard Day is deemed to be eight (8) week day hours, typically between 08h00 and 17h00. Thereafter Overtime Rates apply.
- Overtime Rates are deemed to be time and a half on Saturdays and double time on Sundays and statutory public holidays.
- Expenses incurred for travel, accommodation and subsistence are not included in the Standard Rates or Overtime Rates and, where applicable, shall be charged at SmartCrypto’s cost.
- Expenses incurred for international travel, including visas, medical insurance, inoculations, etc. are not included in the Standard Rates or Overtime Rates and, where applicable, shall be charged at SmartCrypto‘s cost.
- Delivery within Gauteng of orders to the value of more than R 1,000 is included in the quoted price and shall typically be effected within seven (7) days from the date of order.
- Delivery within Gauteng of orders to the value of less than R 1,000 shall incur a R 100 delivery charge.
- Whilst SmartCrypto shall make every endeavour to deliver the goods and/or services promptly or within the timeframe indicated, SmartCrypto shall not be liable for any loss of profit or any damages direct or indirect, consequential or otherwise, sustained by the customer as a result of non-delivery or late delivery or “Stop Supply” in terms of clause twenty-five (25) due to any cause whatsoever.
- By accepting this quotation the customer agrees, for the duration of this commercial relationship and for twelve (12) calendar months after using SmartCrypto‘s services, not to offer employment or engage the services of, directly or indirectly, SmartCrypto‘s employees, sub-contractors, or the employees of its affiliated companies before twelve (12) calendar months
have passed since they were last employed by SmartCrypto or by its affiliated companies, in any capacity. - SmartCrypto agrees, for the duration of this commercial relationship, not to offer employment or engage the services of, directly or indirectly, any employee of the Customer.
- Should any amount not be paid on due date, the full amount owing by the customer to SmartCrypto shall immediately become due and payable on notification of such, notwithstanding that any amount may, as at that date, not yet be due. Interest shall be charged at the prevailing prime rate as charged by Standard Bank South Africa Limited plus four (4) percent from due date. The customer further agrees that in the event of it’s default in any respect whatsoever towards SmartCrypto, SmartCrypto shall be entitled to withhold goods and/or services (“Stop Supply”). In the event of the customer committing an act of insolvency, or being placed under provisional or final judicial management, liquidation or sequestration, SmartCrypto reserves the right to cancel any sale and/or order and to “Stop Supply”.
- Payment shall not be withheld pending settlement of any claims or disputes and in the event of SmartCrypto instructing its attorneys to collect any amounts, all legal fees, including collection charges and tracing agents’ fees, as between attorney and client, shall be borne by the customer and all payments made shall first be allocated towards such fees and charges, thereafter to interest and finally to capital.27. Acceptance of the customer’s orders and all sales by SmartCrypto are governed by the terms and conditions herein, notwithstanding any receipt or acknowledgement of the customer’s order form or stipulations containing additional or differing provisions or conflicting oral representations.
- These terms and conditions apply to all contracts for the sale of goods and/or services entered into by SmartCrypto, whether or not such sales are pursuant toorders by verbal, written, telephonic, electronic or any other means, or orders placed with its agents or representatives on its behalf, and supersede any terms and conditions of sale laid down by the customer.
- All goods remain the sole and absolute property of SmartCrypto until payment in full has been received by SmartCrypto in respect of such goods supplied.
- The customer shall inform the landlord of the premises at which the goods are kept that such goods are the sole and absolute property of SmartCrypto until such time as the full purchase price has been paid to SmartCrypto.
- No amendments and/or alteration and/or variation and/or deletion and/or addition and/or cancellation of these terms and conditions, whether consensual or unilateral or bilateral, shall be of any force and effect unless reduced to writing and signed by SmartCrypto. No agreement, whether consensual or unilateral or bilateral, purporting to obligate SmartCrypto to sign a written agreement to amend, alter, vary, delete, add or cancel these terms and conditions shall be of any force and effect unless reduced to writing and signed by SmartCrypto.
- The customer acknowledges that no warranties, representations or guarantees have been made by SmartCrypto or on its behalf that may have induced the customer and/or surety to sign this document.
- The customer acknowledges that these terms and conditions contain no errors and that they correctly reflect the agreement between the parties.
- No relaxation or indulgence granted by SmartCrypto to the customer and/or surety/ies shall be deemed to be a waiver of any of SmartCrypto‘s rights in terms of this Agreement and any relaxation or indulgence shall not be deemed to be a novation of any terms and conditions of this Agreement.
- SmartCrypto shall facilitate the honouring of all manufacturers’ warranties for products sold. Products shall be replaced or repaired, at the discretion of the manufacturer, within the period of the manufacturer’s warranty. All implied or residual warranties, including, without limitation, the warranties of “fitness for a particular purpose”, are herby disclaimed and excluded.
- Subject to clause thirty-five (35), in the case of software, once the packaging has been opened and/or the seal broken, the product is not returnable under any circumstances.
- The customer shall not be entitled to return any goods to SmartCrypto without SmartCrypto’s express consent in writing. No claim in respect of damage, shortage and/or loss to goods shall be entertained unless made in writing and received by SmartCrypto within seven (7) days from the date of delivery. The customer agrees to assist SmartCrypto in every respect to establish the circumstances under which the damage, shortage and/or loss occurred, including, if necessary, providing whatever assistance is required for the submission of any insurance claims to SmartCrypto’s insurers.
- In the event that the damage to the goods is proved to SmartCrypto’s satisfaction, and upon being properly notified, SmartCrypto shall at its option, but subject to clause thirty-five (35), exchange the goods for similar goods or take back such goods and refund to the customer the purchase price.
- Warranty exchanges shall only be made once the defective product has been returned complete with all accessories, cables, manuals, diskettes, packaging, etc., in original condition and subject to stock availability. Any advance exchanges shall be charged to the customer’s account, thus being payable, and shall only be credited, less any charges, once the defective parts have been received and accepted.
- SmartCrypto shall not be liable for any damages or for any direct or consequential loss of any nature sustained by the customer under all and any circumstances.
- A certificate signed by a director of SmartCrypto, whose appointment it shall not be necessary to prove, as to the amount due by the customer shall be Prima Facie proof of such amount and shall be deemed to be a liquid document for the purpose of any litigation.
- While SmartCrypto makes every effort to ensure that all prices and descriptions quoted are correct and accurate, errors shall occasionally occur. In the case of a manifest error or omission SmartCrypto shall be entitled to rescind the contract, notwithstanding that it has already accepted the customer’s order and/or received payment from the customer. SmartCrypto’s liability in such event shall be limited to the return of any payment received from the customer in respect of the order. In the case of a manifest error in relation to price, the customer shall be entitled to purchase the goods by paying the difference between the quoted price and the correct price, as confirmed in writing by SmartCrypto after the manifest error has been discovered. A “manifest error”, in relation to an incorrect price quoted by SmartCrypto, is deemed to be a price in excess of ten (10) percent than the price that would have been quoted had the error not been made.
- The signatory/ies having renounced the benefits of exclusion and division, hereby bind himself/themselves jointly and severally as surety and co-principal debtor in solidium with the customer and unto and in favour of SmartCrypto, its order or assigns, for the due performance by the customer for all its obligations to SmartCrypto.
- If any term or provision of this Agreement, or the application thereof, shall be invalid or unenforceable, such term or provision shall be severed from it and the reminder of this Agreement shall be unaffected thereby and each remaining term or provision shall be valid and be enforced to the fullest extent permitted by the laws of the Republic of South Africa.
- This Agreement shall be interpreted and applied in accordance with the laws of the Republic of South Africa.
- The performance of this Agreement and any disputes arising there from shall be governed by the laws of South Africa with the courts of South Gauteng having jurisdiction.