Terms and Conditions

Terms and Conditions

 

1.     INTERPRETATION

1.1     Unless the context dictates otherwise, the words and expressions set forth below shall bear the following meanings and cognate expressions shall bear corresponding meanings:

1.1.1    “Customer” (pronouns “it”/ “their”) shall mean the purchaser of the Goods in terms of these Terms and Conditions, whose details are set out in an Invoice, who accepts delivery of the Goods or who has registered on the Website;

1.1.2    “Goods” shall mean the goods supplied by Major Tech to the Customer in terms of these Terms and Conditions;

1.1.3    “Invoice” shall mean any tax invoice issued by Major Tech from time to time to a Customer;

1.1.4    “Major Tech” shall mean Major Tech (Proprietary) Limited (Registration number 1992/001859/07), a private company with limited liability incorporated in accordance with the laws of South Africa;

1.1.5    “Parties” shall mean Major Tech and the Customer and “Party” shall, as the context requires, be a reference to any one of them;

1.1.6    “Terms and Conditions” shall mean these terms and conditions.

1.1.7    “Website” shall mean www.major-tech.com. 

2.     INTRODUCTION

2.1    These Terms and Conditions (“Terms and Conditions”) which may limit Major Tech’s risk or impose certain conditions on the Parties, govern the ordering, sale and delivery of Goods and the use of the Website.

2.2    All Goods are sold by Major Tech to the Customer and the sale of such Goods is subject to the Terms and Conditions set out herein.

2.3    These Terms and Conditions the Customer shall apply to both direct sales as well as sales through the Website, and the Customer acknowledges that it has read and understood the Terms and Conditions.

2.4    Website sales

2.4.1    Customers, who shall be at least 18 years old, are required to either create an account by registering as a user, alternatively, register as a “guest” on the Website.

2.4.2    By registering as above, which shall be free of charge and does not place any obligation on Customers, will enable Customers to purchase products.

2.4.3    The user registration process requires Customers to provide a unique username and password and disclose certain information and details, which the Customer undertakes and warrants shall be accurate and correct. 

2.4.4    Customers undertake to limit the use of usernames and passwords for use by the registered person/ entity, only, and not to disclose the username and password to third parties.

2.4.5    Customers will be liable for payment of any purchase placed as a result of a username and password being used by a Customer as well as instances where a Customer has disclosed a username and password to a third party or where such username and password were disclosed due to the Customer’s negligence.

2.4.6    Customers agree to, immediately, bring the unauthorised use or disclosure of a username and/or password to Major Tech’s attention and, also, take all reasonable steps to mitigate any resultant loss or harm arising from the aforementioned.

2.4.7    Customers agree and undertake to use the Website purely for the purpose of viewing and purchasing Goods and not to use the Website and/or the information contained therein for any other purpose without having secured prior written consent for such purpose, from Major-Tech.

3.    PRICE

3.1    The price for the Goods shall be the price reflected on the Invoice, purchase order or Website which price shall be inclusive of value added tax.

3.2    The price referred to in clause 3.1 above does not include the cost of delivery, which cost will be stipulated and charged for separately by Major Tech, where applicable

3.3    The products displayed on the Website and/or in brochures, including special offers and promotions, shall be subject to availability.

3.4    Major Tech will make every effort and take every precaution to ensure that the prices displayed on its website are accurate and current. However, while we have taken care to ensure the accuracy of the information displayed on the Website, Major Tech will not be liable for or bound by inadvertent and/or obvious error in the price displayed on the Website due to any technical, system or other error.

3.5    Prices displayed on the Website does not constitute an offer by Major Tech and all sales, whether on the Website or otherwise, are subject to final acceptance by Major Tech.

3.6    Major Tech shall refund Consumers, in full, who made payment to purchase a Product by relying on incorrect pricing displayed due to any technical, system or other error.

3.7    Major Tech reserves the right to, without prior notice, discontinue or change pricing or specifications of products offered on the Website without incurring any liability whatsoever.

4.    PAYMENT

4.1    Wholesale and retail Customers:

4.1.1    Payment shall be made by the Customer within 30 (thirty) days of the date of the Statement.

4.1.2    The price specified in the Invoice shall be paid directly to Major Tech by electronic bank transfer, cheque or deposit, free of transfer costs, deductions and/or set off.

4.1.3    Payment shall be made into Major Tech’s bank account.

4.1.4    Interest, charged at 2% per month or part thereof (or at the maximum rate allowed by law, whichever is the lesser), calculated from the date falling 20 (twenty) days after the date on which payment becomes due in terms of clause 4.1.1 above until the date of payment, shall be charged in respect of all overdue amounts.

4.1.5    The Customer shall be liable for all legal costs incurred by Major Tech in respect of the collection of any overdue amounts, including costs calculated on an attorney and own client scale.

4.1.6    A certificate signed by the accounting officer of Major Tech, accompanied by supporting invoices, reflecting the amount due and payable by the Customer, shall, on the face of it, be proof of the Customer’s indebtedness during any legal proceedings aimed at debt recovery, proof of debt on insolvency or for any other purpose.

4.1.7    All payments made towards an overdue Invoice shall first be applied to the interest and then only to the capital amount.

4.1.8    Major Tech may, in its sole and absolute discretion, grant the Customer a discount, which discount shall be for an amount determined by Major Tech in its sole and absolute discretion.

4.2    Website purchases

4.2.1    All Website purchases are subject to these Terms and Conditions.

4.2.2    Major Tech provides secure online payment facilities via Payfast, who uses the appropriate encryption technology.

4.2.3    Payment can be made via a number of VISA credit or debit cards accepted, including through American Express, Apple Pay, Samsung Pay, as well as Instant EFT.

4.2.4    Where payment for purchases is made via the above means, the Customer warrants that it is authorised to make payment through such means.

4.2.5    Where a payment was successfully made and received, Major Tech will provide the Customer with proof of such payment and confirmation and acceptance of the order, either online or via e-mail.

5.    DELIVERY

5.1    Major Tech shall arrange for the delivery of the Goods to the Customer at the address specified by the Customer (“Delivery Address”) within 10 (ten) days of the order and payment having been received. Delivery shall take place during normal business hours (08h00 to 17h00) from Monday to Friday.

5.2    Major Tech shall pack the Goods in such packaging material and in such manner as it deems fit to secure the integrity of such Goods.

5.3    Delivery shall take place when the Goods are physically handed over to the Customer or any person nominated by the Customer and shall be accompanied by an invoice, setting out details of the product purchased as well as payment received.

5.4    If a Customer fails to take delivery of the Goods, or in any way delays the delivery of the Goods resulting from, amongst others, incorrect address details, then the goods will be returned to Major Tech. Once the Goods have been returned to major Tech, the Customer will be responsible for the delivery charges resulting from having to deliver the Goods again and, also, storage costs that may result from Major Tech having to store such Goods.

5.5    All risk in the Goods shall immediately pass to the Customer upon delivery and the signature of any employee of the Customer or its agent shall be sufficient proof of the proper delivery of the Goods.

5.6    Whilst Major Tech shall make every effort to ensure that the correct quantity of Goods is delivered and that the Goods are delivered on the date agreed with the Customer, delivery dates provided by Major Tech are estimates only and do not constitute any contractual obligation on the part of Major Tech. If Major Tech cannot make any delivery for any reason which is either wholly or partly beyond its control, then the obligation to make a delivery shall be suspended until such time as Major Tech can deliver such Goods.

5.7    Unless Major Tech receives written notice to the contrary from the Customer as provided for under the “Returns and Warranty Policy”,  the quantity of Goods specified in the Invoice shall be deemed to have been received by the Customer and such Goods will be deemed to have been received in an acceptable and undamaged condition.

5.8    If, at any time, there are amounts due and payable by the Customer to Major Tech in terms of the provisions of clause 4.1 above, Major Tech shall be entitled, without any prior notice to the Customer and without prejudice to any other rights of Major Tech, to:

5.8.1    defer any further deliveries of Goods until such time as payment of all outstanding amounts has been made; and/or

5.8.2    cancel any order made by the Customer for the Goods and recover any and all damages incurred by Major Tech.

6.    RETURN, EXCHANGE, REFUND and WARRANTY POLICY 

The return, exchange, refund and warranty of Goods are regulated by the “Returns and Warranty Policy”, which policy is available on www.major-tech.com. The “Returns and Warranty Policy” forms part of these Terms and Conditions, as well as the “Product Registration” obligation dealt with in clause 8 below.

7.    OWNERSHIP AND RISK

7.1    All risk of damage, destruction or loss in and to the Goods sold shall pass from Major Tech to the Customer on delivery in accordance with clause 5 hereof.

7.2    Notwithstanding delivery, ownership in the Goods sold and delivered shall remain vested in Major Tech until such time as the full purchase price has been paid in accordance with clauses 4.1 to 4.3 of these Terms and Conditions.

8.    PRODUCT REGISTRATION

8.1    Customers are required to register all test instrument Goods online in order to activate the extended product warranty that may apply to such Goods. In the absence of such registration, only the general product warranty of 6 months will apply.

8.2    Product Registration takes place online and must be completed on either www.major-tech.com or www.majortech.com.au, depending on which country the product was purchased. 

8.3    Registration process works: 

8.3.1    The relevant QR code is displayed on the Product packaging.

8.3.2    Customers are required to scan the QR code, which will direct Customers to the relevant online registration page. 

8.3.3    Where a Customer has not yet registered an account with Major Tech, it will be required to create an account by selecting a username, password and providing their personal information. In this process, the obligations imposed by clause 2.4 above will apply.

8.3.4    Once a Customer has set up or accessed an existing account,  product registration can be achieved by clicking the "Register a Product" button. This will redirect the Customer to the relevant page where product selection will take place and where the Customer will be required to upload and submit further information, such as a JPEG or PDF image of the invoice and product serial number.

8.3.5    Once the relevant information has been submitted, successfully, the Customer will receive an e-mail message from Major Tech confirming that the product registration request has been received and that it will verify the request and, in due course, approve or reject the request. 

8.3.6    If the request is approved, the product warranty registration have been completed and a notice to this effect will appear in the Customer’s account dashboard. 

8.3.7    If the product registration request is rejected, the Customer will be informed of the reason for such rejection and measures, if any, that it can take to remedy the rejection.

8.3.8    Customers can register multiple products, all of which will be incorporated and accessible in their accounts.

9.    INTELLECTUAL PROPERTY

9.1    Major Tech is the sole proprietor of all intellectual property in and to the Goods including, but not limited to, any patents, designs, copyright and trade marks vesting in or is used on the Goods. Customer shall not in any way contest Major Tech’s ownership of such intellectual property.

9.2    The sale of the Goods to the Customer by Major Tech in terms of these Terms and Conditions does not constitute an assignment or licence of any rights in the intellectual property in favour of the Customer.

10.    NO LIABILITY

Except as provided for in terms of Section 61 of the CPA, Major Tech shall not be held liable for any losses, liabilities and damages, costs and expenses (including legal fees, disbursements and costs of investigation, litigation, settlement, judgement), fines, interest and penalties in respect of any claims arising out of the incorrect, poor and/or negligent installation, connection and/or use of the Goods by the Customer or any third party (“Losses”) and the Customer hereby indemnifies, holds harmless and agrees to defend Major Tech from any and all such Losses.

11.    GOVERNING LAW

These Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of South Africa. Furthermore, the Parties hereby irrevocably and unconditionally consent to the exclusive jurisdiction of the North Gauteng High Court, Pretoria, in regard to all matters arising from these Terms and Conditions.

12.    GENERAL

12.1    These Terms and Conditions shall constitute the whole agreement between the Parties.

12.2    The Customer shall not have any claim or right of action arising from any express or implied term, undertaking, representation, warranty, promise or the like which is not included or recorded in these Terms and Conditions whether or not it was negligent.

12.3    No variation, amendment or consensual cancellation of these Terms and Conditions or any provision or term hereof and no settlement of any disputes arising under these Terms and Conditions and no extension of time, waiver, relaxation or suspension of any of the provisions or terms of these Terms and Conditions shall be binding or have any force and effect unless reduced to writing and signed by or on behalf of the Parties. Any such extension, waiver, relaxation or suspension which is so given or made shall be construed as relating strictly to the matter in respect of which it was made or given.

12.4    No extension of time, waiver, relaxation or suspension of any of the provisions or terms of these Terms and Conditions shall operate as an estoppel against Major Tech in respect of its rights under these Terms and Conditions.

12.5    The failure by Major Tech to enforce any provision of these Terms and Conditions shall not constitute a waiver of such provision or affect in any way its right to require the performance of such provision at any time in the future, nor shall a waiver of a subsequent breach nullify the effectiveness of the provision itself.

12.6    The Customer shall not cede any of its rights or delegate any of its obligations under these Terms and Conditions without the prior written consent of Major Tech.

12.7    If any clause or term of these Terms and Conditions should be invalid, unenforceable, defective or illegal for any reason whatsoever, then the Parties shall negotiate in good faith to replace such clause with a clause which is valid, enforceable and legal but maintaining the essential provisions of that clause to the extent possible, provided that if the Parties should fail to reach agreement on such replacement clause, then the remaining terms and provisions of these Terms and Conditions shall be deemed to be severable and shall continue in full force and effect unless such invalidity, unenforceability, defect or illegality goes to the root of these Terms and Conditions.