Terms & Conditions

Please read these Terms & Conditions of Sale carefully before placing an order with OTENE TECHNOLOGIES (Pty) Ltd. By accessing our website www.otenetech.co.za and/or placing an order, you agree to be bound by these terms and conditions.

1. Definitions

“Seller” shall mean OTENE TECHNOLOGIES PTY LTD and its successors and assigns.
“Buyer” shall mean the Buyer or any person acting on behalf of and with the authority of the Buyer.
“Guarantor” means that person (or persons), or entity who agrees herein to be liable for the debts of the Buyer on a principal debtor basis.
“Goods” shall mean Goods supplied by the Seller to the Buyer (and where the context so permits shall include any supply of Services as hereinafter defined).
“Services” shall mean all services supplied by the Seller to the Buyer and includes any advice or recommendations (and where the context so permits shall include any supply of Goods as defined supra).
“Price” shall mean the cost of the Goods as agreed between the Seller and the Buyer subject to clause 4 of this contract.

2. Acceptance

Any instructions received by the Seller from the Buyer for the supply of Goods and/or the Buyer’s acceptance of Goods supplied by the Seller shall constitute acceptance of the terms and conditions contained herein.
Where more than one Buyer has entered into this agreement, the Buyers shall be jointly and severally liable for all payments of the Price.
Upon acceptance of these terms and conditions by the Buyer, the terms and conditions are irrevocable and can only be rescinded in accordance with these terms and conditions or with the written consent of the manager of the Seller.
None of the Seller’s agents or representatives are authorised to make any representations, statements, conditions or agreements not expressed by the manager of the Seller in writing nor is the Seller bound by any such unauthorised statements.
The Buyer undertakes to give the Seller not less than fourteen (14) days prior written notice of any proposed change in the Buyer’s name and/or any other change in the Buyer’s details (including but not limited to, changes in the Buyer’s address, contact details, or business practice).

3. Goods

The Goods are as described on the invoices, quotation, work authorisation or any other work commencement forms as provided by the Seller to the Buyer.

4. Price and Payment

At the Seller’s sole discretion, the Price shall be either:

(a) as indicated on invoices provided by the Seller to the Buyer in respect of Goods supplied; or
(b) the Seller’s quoted Price which shall be binding upon the Seller provided that the Buyer shall accept in writing the Seller’s quotation within seven (7) days.

Time for payment for the Goods shall be of the essence and will be stated on the invoice, quotation or any other order forms. If no time is stated then payment shall be due on presentation of the Tax Invoice for the Goods.
The Seller may withhold delivery of the Goods until the Buyer has paid for them, in which event payment shall be made before the delivery date.
Payment will be made via EFT, cash deposit, or online at www.otenetech.co.za. No cheques will be accepted.
The Price shall be increased by the amount of any VAT and other taxes and duties which may be applicable.

5. Delivery Of Goods / Services

Delivery of the Goods shall be made to the Buyer’s address. The Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery, or delivery of the Goods shall be made to the Buyer at the Seller’s address.
Delivery of the Goods to a carrier, either named by the Buyer or failing such naming to a carrier at the discretion of the Seller for the purpose of transmission to the Buyer, is deemed to be a delivery of the Goods to the Buyer.
The costs of shipping and any insurance which the Buyer reasonably directs the Seller to incur shall be reimbursed by the Buyer (without any set-off or other withholding whatever) and shall be due on the date for payment of the Price. The carrier shall be deemed to be the Buyer’s agent.
Where there is no agreement that the Seller shall send the Goods to the Buyer, delivery to a carrier at limited carrier’s risk at the expense of the Buyer is deemed to be delivery to the Buyer.
Delivery of the Goods to a third party nominated by the Buyer is deemed to be delivery to the Buyer for the purposes of this agreement.
The Buyer shall take delivery of the Goods tendered notwithstanding that the quantity so delivered shall be either greater or less than the quantity purchased provided that the Price shall be adjusted pro rata to the discrepancy.
The failure of the Seller to deliver shall not entitle either party to treat this contract as repudiated.

6. Risk

If the Seller retains property in the Goods nonetheless, all risk for the Goods passes to the Buyer on delivery.
If any of the Goods are damaged or destroyed prior to property in them passing to the Buyer, the Seller is entitled, without prejudice to any of its other rights or remedies under these Terms and Conditions of Sale (including the right to receive payment of the balance of the Price for the Goods), to receive all insurance proceeds payable for the Goods. This applies whether or not the Price has become payable under the Contract. The production of these terms and conditions by the Seller is sufficient evidence of the Seller’s rights to receive the insurance proceeds without the need for any person dealing with the Seller to make further enquiries.

7. Buyer’s Disclaimer

The Buyer hereby disclaims any right to rescind, or cancel the contract or to sue for damages or to claim restitution arising out of any misrepresentation made to him by any servant or agent of the Seller and the Buyer acknowledges that he buys the Goods relying solely upon his own skill and judgement and that the Seller shall not be bound by nor responsible for any term, condition, representation or warranty other than the warranty given by the Manufacturer which warranty shall be personal to the Buyer and shall not be transferable to any subsequent Buyer.

8. Defects / Returns

The Buyer shall inspect the Goods on delivery and shall within 48 hours of delivery notify the Seller of any alleged defect, shortage in quantity, damage, or failure to comply with the description or quote/sales order/tax invoice. The Buyer shall afford the Seller an opportunity to inspect the Goods within a reasonable time following delivery if the Buyer believes the Goods are defective in any way. If the Buyer fails to comply with these provisions, the Goods shall be conclusively presumed to be in accordance with the terms and conditions and free from any defect or damage.
For defective Goods, which the Seller has agreed in writing that the Buyer is entitled to reject, the Seller’s liability is limited to either (at the Seller’s discretion) replacing the Goods or repairing the Goods provided that:
- (a) the Buyer has complied with the provisions of clause 8.1;
- (b) the Goods are returned at the Buyer’s cost within seven (7) days of the delivery date;
- (c) the Seller will not be liable for Goods which have not been stored or used in a proper manner;
- (d) the Goods are returned in the condition in which they were delivered and with all packaging material, brochures, and instruction material in as new condition as is reasonably possible in the circumstances.
The Seller may (in its discretion) accept the Goods for credit but this may incur a handling fee of 20% of the value of the returned Goods plus any freight.

9. Warranty

Subject to the conditions of warranty set out in Clause 9.2, the Seller warrants that if any hardware defect in any workmanship manufactured by the Seller becomes apparent and is reported to the Seller within a 7-day period from the date of invoice (time being of the essence) then the Seller will either (at the Seller’s sole discretion) repair the defect or replace the workmanship.
The conditions applicable to the warranty given by Clause 9.1 are:
- (a) The warranty shall not cover any defect or damage which may be caused or partly caused by or arise through:
  - (i) Failure on the part of the Buyer to properly maintain any Goods; or
  - (ii) Failure on the part of the Buyer to follow any instructions or guidelines provided by the Seller; or
  - (iii) Any use of any Goods otherwise than for any application specified on a quote or order form; or
  - (iv) The continued use of any Goods after any defect becomes apparent or would have become apparent to a reasonably prudent operator or user; or
  - (v) Fair wear and tear, any accident or act of God.
- (b) The warranty shall cease and the Seller shall thereafter in no circumstances be liable under the terms of the warranty if the workmanship is repaired, altered, or overhauled without the Seller’s consent.
- (c) The Goods are returned to the Seller at the Buyer’s cost.
- (d) Power surges and physical damage will void your warranty.
- (f) In respect of all claims, the Seller shall not be liable to compensate the Buyer for any delay in either replacing or repairing the workmanship/Goods or in properly assessing the Buyer’s claim.
For Goods not manufactured by the Seller, the warranty shall be the current warranty provided by the manufacturer of the Goods. The Seller shall be under no liability whatsoever, except for the express conditions as detailed and stipulated in the manufacturer’s warranty.

10. Applicable Laws

Nothing in this agreement is intended to have the effect of contracting out of any applicable provisions, laws, or Acts of South Africa.

11. Default & Consequences of Default

Interest on overdue invoices shall accrue from the date when payment…