Terms and Conditions

THESE TERMS AND CONDITIONS ARE BINDING AND ENFORCEABLE AGAINST ALL PERSONS THAT ACCESS THE SAVEMOTECH WEBSITE OR ANY PART THEREOF (THE “WEBSITE”) IN TERMS OF SECTION 11(3) OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS (“ECT”) ACT 25 OF 2002 (AS AMENDED).

IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS YOU MUST LEAVE THE FIRSTSHOP WEBSITE IMMEDIATELY, AS FURTHER USE WILL AUTOMATICALLY BIND YOU TO THESE TERMS AND CONDITIONS.

1. Definitions and Interpretation

1.1. Catalogue: The list of products and services offered by SaveMoTech.
1.2. Consumer: An individual using products or services for personal use, not for business purposes, as defined by the Consumer Protection Act of 2008 (CPA).
1.3. SaveMoTech: A trading name for AMB Industries (Pty) Ltd t/a referred to as “we” or “us”.
1.4. Force Majeure: Events beyond SaveMoTech’s control that affect our performance, such as government regulations, fire, flood, disasters, or industrial disputes involving third parties.
1.5. Website: The SaveMoTech website and any linked sites owned by SaveMoTech.
1.6. User or you: Anyone who accesses or uses the Website, even if only visiting the home page.
1.7. Singular and Plural: References to the singular include the plural and vice versa.
1.8. Hyperlinks: Non-working hyperlinks in these terms do not affect their validity and interpretation.

2. Orders

2.1. Best Prices and Fast Delivery: We strive to offer the best prices and quickest delivery. To ensure efficient service, notify us immediately if you wish to cancel an order.
2.2. Consumer Cancellations: Consumers can cancel orders according to the ECT Act or CPA. Your statutory rights to reject faulty goods remain unaffected.
2.3. Terms of Sale: All sales are subject to these terms and conditions, which take precedence over any other terms provided by you.
2.4. Order Acceptance: Orders depend on stock availability. We reserve the right to refuse any order.
2.5. Your Responsibility:
– Ensure all purchase details are accurate. You are liable for orders placed using your user ID and password.
– Use a valid credit or debit card for purchases. Ensure you have authorization and sufficient funds. We may validate your card details before processing your order.
2.6. Monitoring Calls: We may record or monitor calls and electronic communications for training purposes.

3. Delivery, Title and Risk

3.1. Delivery Timeline: We aim to dispatch goods by the agreed date but are not liable for delays beyond our control (e.g., delivery company or manufacturer delays). If a delay occurs, we will inform you as soon as possible.
3.2. Consumer Rights: If we can’t deliver within 30 days, you (except Consumers) can cancel the order and get a refund. Cancellation must be in writing after the 30-day period but before delivery or notification of readiness.
3.3. Business Days: Deliveries happen on business days, so please ensure you’re available to receive the goods.
3.4. Transfer of Risk: Risk transfers to you when goods are delivered to your address.
3.5. Title Transfer: Ownership of goods transfers to you once we receive full payment.
3.6. Failed Delivery: If you can’t accept delivery, we may:
– Store and insure the goods at your expense.
– Sell the goods and refund you any excess or charge you for any shortfall.
– Rearrange delivery, possibly with additional delivery costs.
3.7. Proof of Delivery: You can request proof of delivery within 3 months, and we’ll do our best to provide it.
3.8. Receipt Acknowledgement: Upon delivery, you’ll need to sign a proof of delivery or invoice. Ensure the number of packages matches the delivery note. Note any discrepancies or visible damage on the proof of delivery.
3.9. Part Shipments: We may ship orders in parts and invoice each shipment separately, unless otherwise agreed.

4. Warranties and Returns

4.1. Consumer Terms: Additional terms apply to Consumers as stated in clause 5.
4.2. Commitment to Insure Quality: We strive to provide top-quality products and services. Occasionally, items may be faulty or defective, and we offer the following return options.
4.3. Manufacturer’s Warranty: Unless specified otherwise, all goods include a 12-month manufacturer’s limited warranty.
4.4. Exclusions: Other than what’s explicitly stated, all other terms or implied warranties related to the supply of goods are excluded as allowed by South African law. Goods are not tested or sold as fit for specific applications unless agreed in writing.
4.5. Service Warranty: For services purchased, we use our expertise to ensure work is free from defects for 30 days after completion. We are not responsible for faults or damages not caused by our engineers. If a claim arises, we may appoint an independent expert to evaluate the work.
4.6. Trial Basis: We do not sell products on a trial basis. Check product suitability and specifications before ordering. Special price discount items are non-returnable unless defective.
4.7. Return of Unwanted Products: If we agree to accept returns of unwanted products, they must be returned unopened within 7 days, with our prior written agreement. A handling fee of 15% of the sale price or R250 (whichever is greater) will apply.
4.8. Defective Goods: Returns of defective goods are accepted within 14 days for a full refund or replacement, subject to verification. Consumers are recommended to follow the return process for efficiency.
4.8.1. Return Instructions: Contact us for return instructions. Depending on the product, we will arrange a courier or ask you to return it. If the item is defective, return costs will be refunded.
4.8.2. RA Number: All returns (except under Clause 13) must include a Returns Authorisation (RA) number obtained from User Support. Write the RA number on the address label, not directly on the packaging. Inadequate packaging or defacement may lead to rejection or additional fees.
4.8.3. Transit Damage: We are not liable for damage during transit. Ensure the product is well-packed to prevent damage.
4.8.4. Proof of Delivery: Send your package by recorded delivery, registered post, or courier, and insure the goods for their full value.
4.8.5. Testing of Returns: We will test returned products to identify any faults.
4.8.6. No Fault Found: If the product is found to be in working order, it will be returned to you at your cost. If you required a replacement before the testing, you will be charged for it.
4.8.7. Manufacturer’s Warranty: Goods with a 12-month warranty must follow the manufacturer’s instructions. We may refer you directly to the manufacturer for returns.
4.8.8. Warranty Exclusions: The warranty does not apply if goods are altered or damaged by the User or used against the manufacturer’s instructions.
4.8.9. Software Returns: Software with broken seals cannot be returned for credit. Faulty software discs will be replaced by the manufacturer. Software licenses are non-returnable unless materially non-compliant.
4.8.10. Manufacturer Time Limits: Some manufacturers require returns within 14 days or less. Defective products must be returned within 7 days from delivery.

5. Consumer Protection Act and Electronic Communications Act

5.1. Consumer-Specific Provisions: This clause applies only to Consumers.
5.2. Regulations: Contracts for goods bought by Consumers via phone or online are subject to the Consumer Protection Act (CPA) and/or the Electronic Communications and Transactions Act (ECT Act).
5.3. Cancellation Rights: If these regulations apply, Consumers can cancel their purchase by sending a written notice via hand delivery or email.
5.4. Cancellation Period: The cancellation notice must be sent within 7 days after receiving the goods.
5.4.1. Return Costs: Consumers are responsible for the cost of returning the goods. If the goods are not returned, Consumers must make them available for collection, bearing all related costs.
5.4.2. Repackaging Charges: If goods are not returned in their original, unopened packaging, we may charge a reasonable repackaging fee based on the size of the goods.
5.4.3. Non-Returnable Items: The following items cannot be returned:
– Custom-made items.
– Personalised items.
– Items that cannot be returned due to their nature, such as:
– Unsealed toner cartridges.
– Hardware with broken seals.
– Unsealed audio/video recordings or software.
5.5. Care of Goods: Consumers must take reasonable care of the goods while awaiting their return to SaveMoTech and are liable for any loss or damage during this period.

6. Permitted Use and License

6.1. Commercial Use: You may not use or exploit any content from the SaveMotech website, for commercial or non-private purposes without our prior written consent.
6.2. Breach of Use: If you use our content in violation of these terms:
– We reserve the right to claim damages from you.
– We may initiate criminal proceedings against you.
– We are not liable for any damage, loss, or liability resulting from your use of our content or that obtained by third parties through you.
6.3. Hyperlinks: While third parties often provide links to our site, we are not liable for any damage, loss, or liability from accessing content through a link that does not lead to our home page. Linking beyond our home page is at your own risk, and you agree to indemnify SaveMoTech for any resulting loss or damage.
6.4. Content Reproduction: You may not frame, copy, or reproduce any part of our website without prior written consent.
6.5. Automated Searches: Apart from legitimate search engine operators and using our search facility, you may not use any technology or applications (like web crawlers or spiders) to search or copy content from our website without our prior written consent.
6.6. Age Requirement: By using our website, you confirm that you are 18 years or older and legally able to enter into binding agreements. If you are under 18, you may use the website only with the involvement and supervision of a parent or legal guardian, who agrees to be bound by these terms and be responsible for you.

7. Prices

7.1. Price Changes: We strive to offer the lowest prices, but prices can change over time. We reserve the right to adjust prices at our discretion without notice.
7.2. Invoicing: Goods and services are invoiced at the price valid when the order is accepted. VAT is charged at the applicable rate according to South African law.
7.3. Currency Adjustments: Prices quoted in local currency may be adjusted due to exchange rate fluctuations until the order is accepted.
7.4. Payment Terms: All payments must be made in full, without deductions for taxes or custom duties.

8. Errors and Omissions

8.1. Accuracy: We strive to ensure all prices and descriptions in our Catalogue and on our Website are accurate. However, mistakes can occur due to third-party information and the fast-paced nature of e-commerce. If a manifest error or omission occurs, we can rescind the contract, even if we have accepted the order and/or received payment. Our liability will be limited to returning any money paid. If the error relates to pricing, you can purchase the goods by paying the difference between the quoted price and the correct price once the error is discovered.
8.2. Definition of Manifest Error: A manifest error refers to a price error that is more than 10% less than the correct price.

9. Payment

9.1. Payment Terms: Payment is due upon order acceptance unless you have approved credit terms. Standard credit terms require payment within 30 days from the invoice date, subject to an official purchase order. Any different terms must be agreed in writing and signed by an authorized representative of SaveMoTech.
9.2. Late Payments: If payment is not made by the due date, we will charge interest daily on the outstanding balance at 3% above the prime interest rate. An administration fee of R250 will be applied to each overdue invoice.

10. Product Specifications

10.1. Minor Variations: We make every effort to supply goods as advertised but may include minor variations in dimensions and specifications due to manufacturer changes.
10.2. Alternative Goods: If we cannot supply the exact goods ordered, we may offer goods of equal or superior quality at no extra cost. If you do not accept the alternative, you can cancel the order and get a full refund, including carriage charges.
10.3. Display Panels: Due to current manufacturing methods, a small percentage of sub-pixel anomalies in active matrix display panels are deemed acceptable. Perfect displays are rare and would significantly increase costs. Please be aware of this when purchasing TFT screens.
10.4. Suitability: Ensure the goods ordered are suitable for your intended purposes. We are not liable if they are not fit for a specific use unless you informed us before ordering, and we confirmed in writing.

11. Trade Names and Trade Marks

11.1. Indicative Names: Trade names and marks (other than SaveMoTech’s) may not indicate the actual manufacturer but rather general use systems and machines.
11.2. Confirming Brands: For component purchases, confirm the manufacturer’s identity with us before ordering. We are not liable for any issues arising from a failure to do so.

12. SaveMoTech’s Liability

12.1. Limitation of Liability: Unless prohibited by South African law, we are not liable for consequential or indirect damage or loss, including business losses, loss of profits, goodwill, trading relationships, data, or other financial losses. Our liability is limited to the invoiced amount of the relevant order.

13. Force Majeure

13.1. Uncontrollable Events: If we cannot perform an obligation due to circumstances beyond our control or a Force Majeure event, we are not in breach of contract.

14. Changes and Amendments

SaveMoTech reserves the right to:
14.1. change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that SaveMoTech shall not be liable to you for any such change or removal and.
14.2  change these Terms and Conditions at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such change.

15. Disclaimer and Limitation of Liability

15.1  The Website is provided on an AS IS and AS AVAILABLE basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
15.2  To the extent permitted by law, SaveMoTech will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website.
15.3  SaveMoTech makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
15.4  Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of SaveMoTech for death or personal injury as a result of the negligence of SaveMoTech or that of its employees or agents.

16. Legal Costs

SaveMoTech is not liable for any legal costs incurred by users seeking professional advice regarding these terms and conditions.

17. Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the law of South Africa and you hereby submit to the exclusive jurisdiction of the South African courts.