SUPPLY OF NETWORK SERVICES

SUPPLY OF NETWORK SERVICES

CICT Connect is a division off COMMERCIAL ICT / Elvey Group, which is a division of HUDACO TRADING(PTY) LTD

Standard Terms and Conditions

1. Definitions

1.1 Unless the context otherwise indicates a contrary intention, the words herein below defined shall have the meanings assigned to them, and similar expressions shall bear corresponding meanings –

1.1.1 “this agreement” — means this subscriber agreement, as amended from time to time, together with the schedule’s annexed hereto; In this Agreement, unless inconsistent with context, words defined on the face hereof shall bear the meanings so assigned to them and the following words and expressions shall bear the meanings assigned to them below –

1.1.2 “Services” – the Internet Services which are selected and agreed upon on the face hereof;

1.1.3 “Subscriber” – the Company, Close Corporation, Firm, Partnership or Persons contracting to receive the Service from COMMERCIAL ICT / Elvey Group A DIVISION OF HUDACO TRADING (PTY) LTD in terms of this Agreement;

1.1.4 “Agreement” – these terms and conditions as read with the schedule on the face hereof;

1.1.5 “Connection Date” – the date on which the contract begins;

1.1.6 “Duration of the Contract” – the number of months the Service specified upon on the face hereof is contracted for.

1.1.7 “activation” – means the enabling of a SIM to operate on the cellular network in terms of this agreement;

1.1.8 “activation date” shall mean the date of the activation of the SIM on the network by the service provider

1.1.9 “business day” — means any day of the week including Saturdays, Sundays and public holidays;

1.1.10 “charges” – means the activation, connection charges, monthly subscription charges, usage charges and any other charges pertaining to the provision of the network services, SIM and any other services howsoever described, by COMMERCIAL ICT / Elvey Group – CICT Connect to the subscriber, as detailed in the price list from time to time;

1.1.11 “GSM” – means Global System for Mobile Communications as defined in the European Technical Standards Institute structure of specifications;

1.1.12 “initial period” — means a period of 24 consecutive months (as specified in this subscription agreement) commencing from the date of activation which date shall be set out in the Subscription agreement.

1.1.13 “MSISDN” means the Mobile Station International User Directory Number (otherwise known as the mobile telephone number) programmed into each SIM card;

1.1.14 “network” – means the public land mobile network established and operated by the network globally;

1.1.15 “network services” — means the mobile telephony services provided by the network operator through or in connection with the network from time to time including data facilities, supply of security equipment, supply of SIMs and any additional services, all of which are made accessible to the Subscriber by COMMERCIAL ICT / Elvey Group – CICT Connect in terms of this agreement;

1.1.16 “network operator” — means the MTN SA (Pty) Ltd network

1.1.17 “order” – means an order placed by the Subscriber as per the order form in the schedule for the use of the services;

1.1.18 “package option” – means any one of the CICT Connect packages under which the network services are made accessible to the Subscriber, which packages are set out in the price list and vary according to the network services, hardware and software included and other variables determined by COMMERCIAL ICT / Elvey Group / CICT Connect or the network operator from time to time, but subject to the requirements, conditions and/or approvals of the relevant regulatory authority, where applicable;

1.1.19 “price list” – means that schedule on which the charges levied by CICT Connect are reflected, which price list may be amended by COMMERCIAL ICT / Elvey Group from time to time and which is available on request from COMMERCIAL ICT / Elvey Group / CICT Connect

1.1.20 “prime rate” – means a rate of interest per annum which is equal to the Standard Bank of South Africa Limited’s published minimum lending overdraft rate of interest per annum plus 3% (three percent), compounded monthly in arrears and charged by such bank on the unsecured overdrawn current accounts of its most favored corporate clients in the private sector from time to time. In the case of a dispute as to the rate so payable the rate shall be certified by any manager or assistant manager of the said bank, whose decision shall be final and binding on the parties;

1.1.21 “Global” – means any country worldwide;

1.1.22 “the schedule” – means the application section of this agreement to which these terms and conditions are attached;

1.1.23 “SIM / Equipment” means a User Identity Module incorporating an MSISDN which, when activated by the network operator, provides a Subscriber using equipment with access to the network services;

1.1.24 “Subscriber” means that party whose particulars appear on the schedule or his/ her/its successors or authorized assignees;

“COMMERCIAL ICT / Elvey Group / CICT Connect” means COMMERCIAL ICT / Elvey Group – CICT Connect, a division of Hudaco Trading (Pty) Ltd, a registered trademark, registration number 1984/005432/07, a company duly registered and incorporated according to the laws of the Republic of South Africa;

2. INTRODUCTION AND RECORDAL

2.1 The Subscriber hereby subscribes for the package option and network services with CICT Connect, subject to the terms and conditions set out in this agreement.

2.2 The conditions of this agreement shall apply with necessary changes to each and every schedule which the parties may enter into and the charges described in each such schedule shall be payable according to the conditions of this agreement as if the conditions of this agreement were incorporated in each and every such schedule.

3. PROVISION OF NETWORK SERVICES

3.1 Any equipment shall be ordered by the Subscriber from CICT Connect. The terms of this agreement shall apply to each package and related services furnished and provided by CICT Connect to the Subscriber.

3.2 The terms of this agreement shall apply to each package and related services furnished and provided by CICT Connect to the Subscriber.

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6. SUPPLY OF NETWORK SERVICES

6.1 The Subscriber hereby warrants and undertakes in favor of CICT Connect that the Subscriber shall not use nor allow the services to be used for any improper,
immoral or unlawful purpose, nor in any way which may cause injury or damage to persons or property or an impairment or interruption to the network services;
6.2 The availability of the DATA services, whether for free or in circumstances where a monthly charge is charged, is subject to the discretion of CICT Connect and may be charged ‘ for or withdrawn at any time by CICT Connect in its sole discretion. In the event that CICT Connect withdraws any service for which a monthly charge is levied, no further monthly charge will be levied for the period after the withdrawal of such service concerned. CICT Connect shall be entitled, in its sole discretion and without notice to the Subscriber, to vary, discontinue or substitute any such Service without reducing any of the monthly service charges or providing any refund, unless it determines in its sole discretion to do so.

7. CHARGES

7.1 In consideration for the services, software and any other products and/or services supplied by CICT Connect to the Subscriber, the Subscriber shall effect payment to CICT Connect of the applicable charges, as detailed in the subscription agreement and the price list from time to time, and whether or not the equipment and/or network services have been, or are being utilized by the Subscriber.

7.2 CICT Connect may, on written notice to the Subscriber, vary any charges, either in whole or in part, with effect from the date specified in such notice.

7.3 Unless otherwise agreed to by CICT Connect in writing, the Subscriber shall effect payment to CICT Connect –
7.3.1 for the activation and supply of SIMS, and initial subscription in full, on presentation of a tax invoice and against such delivery;
7.3.2 of Monthly Subscription charges, monthly in advance, and of all other charges, monthly in arrears, in either event in full;
7.3.3 Where payment is made by the Subscriber through a debit order, the Subscriber’s bankers or other intermediaries shall act as the Subscriber’s agents and the Subscriber shall have discharged its obligations only upon payment being received by CICT Connect at CICT Connect’s Premises or by the bankers of CICT Connect and such payment has been identified by CICT Connect as the Subscriber’s payment for the relevant Subscriber’s Account.

7.4 Should the activation date occur prior to the 15th of the month, the subscriber shall be billed for and pay the subscription charge for the full month. If the activation date
occurs after the 15th of the month, the subscriber shall only be billed half of the subscription charges.

7.5 Notwithstanding the provisions of Clause 7.3, CICT Connect may at any time on reasonable written notice to the Subscriber vary its invoicing and payment procedures and requirements. CICT Connect is the network;

7.6 CICT Connect​’s product consists of SIMS and Data Subscriber is responsible for all SIM/Data costs on active SIMS within the subscriber fleet.

7.7 Subscriber is responsible for all SIM/Data costs on active SIMS within the subscriber fleet. Subscriber is responsible for setting and managing Data volumes & DATA CAPS on all SIMS within the subscribers fleet.

7.8 In the event that CICT Connect requires payment for the services provided to the Subscriber to be made by debit order, the Subscriber will commit a breach of this agreement if the Subscriber –
7.8.1 cancels such debit order without the prior written consent of CICT Connect;
7.8.2 changes his banking details upon which the debit order relies, without giving CICT Connect prior notification of such change and providing CICT Connect with the Subscriber’s new banking details.

7.9 Monthly subscription and usage charges paid by means of debit order will be subject to the following provisions:
7.9.1 the Subscriber authorizing CICT Connect to draw against its account as set out in the schedule (or any other bank or branch to which the subscriber may transfer
its account) any variable amount pertaining to this agreement, on the date as set out on the particular tax invoice issued on a monthly basis;
7.9.2 all withdrawals from the Subscriber’s bank account by CICT Connect shall be treated as though they had been signed by the Subscriber personally;
7.9.3 the Subscriber understanding that it shall not be entitled to any refund of amounts, which was drawn whilst this authority was in force if such amounts are legally owing
to COMMERCIAL ICT / Elvey Group / CICT Connect.
7.9.4 The debit order shall be run on the first working day, after the end of each month.

7.10 A monthly tax invoice-shall be sent by COMMERCIAL ICT / Elvey Group / CICT Connect to the Subscriber at the email address supplied by the Subscriber in the schedule. If no email address is available, at the address supplied by the Subscriber in the schedule or in writing to CICT Connect. It shall be the duty of the Subscriber to check the tax invoice in order to ensure that the contents thereof are correct. Unless a query is raised in respect of the contents of a tax invoice within 7 (seven days from the date thereof, the contents thereof shall be deemed to be correct.

7.11 The billing functionality provided with the system is only for record of use by the Subscriber.

7.12 in the event of the Subscriber failing to effect payment of any amount owing by him to COMMERCIAL ICT / Elvey Group on due date, then without derogating from COMMERCIAL ICT / Elvey Group’s rights in terms of Clause 10, the Subscriber shall be liable to effect payment of interest to COMMERCIAL ICT / Elvey Group /CICT Connect on the amount so owing, at the prime rate from due
date to date of payment.

8. SUSPENSION

8.1 manner whatsoever, suspend the Subscriber’s access to the network services in the event that –
8.1.1 any modification, maintenance or remedial work is required to be undertaken pertaining in any manner whatsoever, to the services or the Network;
8.1.2 the Subscriber fails to perform any of his obligations, or breaches any terms of this agreement;

8.2 CICT Connect reserves the right to require the Subscriber to effect payment of any

8.3 Unless otherwise agreed to by CICT Connect in writing, in the event that the Subscriber’s access to the Network is suspended, the Subscriber shall still be liable for the monthly charges during any such period of suspension.

8.4 The parties record and agree that should any amount be due owing and payable by the Customer to the Company and should such amount remain outstanding for 5 calendar days after written demand for payment has been made, then in such event the Customer by its signature hereto acknowledges and agrees that the Company is not obliged to continue to render any service or to allow the Customer access to any platform or electronic service and that the Company may in its sole and absolute discretion terminate service or access to service and any platform without further notice and without any liability to either the customer or any end user that has contracted with the Customer and the Customer hereby indemnifies the Company from any cost or claim arising in this regard.

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12.7 This Agreement shall in all respects be governed by and construed in accordance with the law of the Republic of South Africa, and all disputes, actions and other matters in
connection with this Agreement shall be this Agreement that shall continue to be of full force.

12.8 No indulgence, extension of time, relaxation or latitude which any party (“the grantor”) may show, grant or allow to another (“grantee”) shall constitute a novation or waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.

12.9 This agreement constitutes the entire agreement between the parties in relation to the subject matter hereof, and no representation by either of the parties or their agent/s, whether made prior or subsequent to the signing of the agreement, shall be binding on either of the parties unless in writing and signed by both the parties hereto.

12.10 No indulgence, leniency or extension of time, which CICT Connect may show to the Subscriber, shall in any way prejudice CICT Connect or preclude
CICT Connect from exercising any of its rights in the future.

12.11 This agreement and all matters or disputes arising there from or incidental thereto shall be governed and construed in accordance with the laws of the Republic of South Africa.

12.12 The Subscriber, by his signature hereto and in terms of the provisions of Section 45 of the . Magistrate’s Court Act, No 32 of 1944, as amended, consents to the jurisdiction of the Magistrate’s Court in relation to any actions or proceedings instituted against the Subscriber in terms of, or ‘ arising out of the provisions of this agreement, provided that CICT Connect, in its sole and absolute discretion shall be entitled to institute any such actions or proceedings, in any vision of the High Court of South Africa possessed of the requisite jurisdiction.

12.13 A certificate under the hand of any manager of CICT Connect certifying the sum of any amount owing by the Subscriber to CICT Connect shall be prima
facie proof of its contents and sufficient proof for the purposes of enabling CICT Connect to obtain any judgment or order against the Subscriber.

12.14 Notwithstanding the manner in which the clauses in this agreement have been grouped together or linked, each of them constitutes a separate and independent clause, severable from each of the other clauses in regard to all aspects thereof. Accordingly should one or more of the clauses be declared unenforceable, the remaining clauses shall continue to be and remain of full force and effect. For the purposes of this agreement the terms ”clause” shall mean and include all sub- clauses of this agreement.

12.15 The Subscriber hereby authorizes CICT Connect to disclose the Subscriber’s name, address, and personal details to any party, whenever it is reasonably necessary for CICT Connect to properly perform its functions or protect its interests, or directory or repair services and information to Network users generally or such information has been requested by any competent regulatory or legislative body. No

12.16 alteration, or variation which the Subscriber may be entitled to make to, inter alias, or services set out in the schedule shall be of any force or effect unless 30 days written notice of such alteration or variation is given to COMMERCIAL ICT / Elvey Group / CICT Connect.

12.17 In the event of CICT Connect instituting legal proceedings against the Subscriber to recover amounts due to CICT Connect or take any other legal
steps arising out of this agreement, the Subscriber shall be liable for legal costs on the scale as between attorney and own client and/or any collection costs.

12.18 CICT Connect shall be entitled to charge the Subscriber for any banking, and/or internal administration fees incurred by it in the event of the Subscriber
defaulting in its payment or any other of its obligations as set out in this agreement.

12.19 CICT Connect may, to the extent permitted by law, receive or disclose the Subscriber’s personal information, documents, detailed billing records, credit profile information and/or any other credit information from or to —
12.19.1 any credit providers, credit bureau or credit reporting agencies;
12.19.2 any law enforcement agencies that require the information for the prevention of investigation of criminal activities; –
12.19.3 any of CICT Connect’s shareholders, related entities, suppliers, agents or professional advisors for reporting, accounting, product supply and services, marketing and/or auditing purposes;

13. SURETYSHIP

13.1 The authorized signatory who represents or acts on behalf of the Subscriber, is bound to CICT Connect as surety and co-principle debtor and guarantor with the Subscriber, for the due and punctual payment of monies owing by the Subscriber to CICT Connect howsoever arising, which are at the present or may at any time in the future become due and owing. By his or her signature hereto, the authorized signatory renounces the benefits of exclusion and division and warrants that’ he or she has read the Subscription agreement including the Terms and Conditions and that he or she has agreed to be bound hereunder.

14. SEPARATE AGREEMENTS
Subject to a foregoing provision of this agreement, the services made accessible by CICT Connect to the Subscriber on the one hand, and the use of the SIM(s) on the other hand under this agreement, shall constitute separate and divisible agreements, each one capable of standing on its own.

15. APPOINTMENT AND TERM

15.1 The Subscriber hereby appoints COMMERCIAL ICT / Elvey Group, which hereby agrees, to provide the Services to the Subscriber on the terms and conditions of this Agreement.

15.2 Subject to the provisions of this Agreement, this Agreement shall take effect from the Connection Date and continue for the Duration of the Contract (“the Initial Term”).

15.3 This Agreement shall continue for successive period of 1 (one) year after the Initial Term at the agreed prevailing monthly subscription fee as set out in the attached “Annexures”, unless either party serves written notice of termination on the other not less than 1 (one) months prior to the end of the Initial Term or such successive 1 (one) year period. Unless otherwise notified in writing, COMMERCIAL ICT / Elvey Group will automatically renew the contract term for a period of 1 year at the end of the initial contract term.

15.4 All Related Services can be upgraded at any stage.

16. SERVICES

16.1 CCOMMERCIAL ICT / Elvey Group undertakes to provide to the Subscriber with the services listed on the face hereof; The Services are derived from on-line access to the collection of local area networks and wide area networks that all use the same protocol (namely TCP/IP) to form a seamless, packet-switched network known colloquially as the “INTERNET”.

16.2 The Subscriber shall allow COMMERCIAL ICT / Elvey Group, its servants, agents and sub- contractors access to the Subscriber’s equipment / premises at all reasonable times in order constitute a waiver of any rights. In this agreement the singular shall include to install, maintain, monitor, inspect, replace or remove the service

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20.5 COMMERCIAL ICT / Elvey Group shall have the right to suspend deliveries and to exercise its rights in terms of clause 4 if any amount due by the customer is unpaid. If any amount owed is not settled in full (a) on due date (b) on demand. COMMERCIAL ICT / Elvey Group is entitled to, without prejudice to any of its rights;
20.5.1 immediately institute action against the customer and/or
20.5.2 cancel the sale and take possession of any goods delivered to the customer, including goods sold or disposed of by the customer which have not been paid for in full, and claim damages

20.6 Should any amount not be paid by the customer on due date, the full outstanding amount in respect of all purchases by the customer shall become due and payable, and the
customer shall be liable to pay interest in respect of amounts unpaid at the compound rate of a 5% (five per cent) above the prime overdraft rate of Standard Bank Limited on
all overdue amounts from due date until date of payment, calculated and payable monthly in advance. A certificate from Standard Bank Limited, signed by any manager of such
bank, whose authority and capacity it shall not be necessary to prove, shall be prima facie proof of the interest rate charged.

20.7 COMMERCIAL ICT / Elvey Group shall not bear any risk associated with the loss of cheques sent via post by the customer. No unofficial emails or letters sent to customers will be acceptable for the notification of the change of COMMERCIAL ICT / Elvey Group banking details, only official emails and communication from two persons within COMMERCIAL ICT / Elvey Group confirming the change, thus being a director and accounts manager of COMMERCIAL ICT / Elvey Group shall be deemed acceptable.

21. WITHDRAWAL OF CREDIT FACILITIES

21.1 COMMERCIAL ICT / Elvey Group’ decision to grant credit facilities to the customer and the nature and extent thereof is at the sole discretion of COMMERCIAL ICT / Elvey Group.
21.2 COMMERCIAL ICT / Elvey Group reserves the right to withdraw, increase or decrease any credit facilities at any time without prior notice.

22. PRICES AND QUOTATIONS

22.1 The price of the goods sold or services rendered shall be the usual price as set out in the COMMERCIAL ICT / Elvey Group price list at the time of the sale of the goods.
22.2 COMMERCIAL ICT / Elvey Group has the right to change the prices of the goods from time to time without prior notice to the customer.
22.3 All quotes remain valid for 7 (seven) days from the date of the quote, or until the date of issue of a new price, whichever occurs first. The validity of any price quoted is subject to availability.
22.4 Any quote may be changed at any time in the event of any increase in the cost price of the goods, including currency fluctuations. Price increases will only be effected if the goods have not yet been dispatched to the customer.

23. ORDERS

23.1 The customer hereby confirms that the goods and services on the tax invoice issued duly represent the goods and services ordered by the customer at the prices agreed to by the customer and where performance/delivery has already taken place that the services and goods were inspected and that the customer is satisfied that these conform in all respects to the quality and quantity ordered and are free from any defects.
23.2 COMMERCIAL ICT / Elvey Group will accept all written and oral orders. All such orders and any variations to orders will be binding, subject to these standard terms and conditions and may not be varied or cancelled without prior written consent from COMMERCIAL ICT / Elvey Group. COMMERCIAL ICT / Elvey Group will not be responsible for any errors or misunderstandings occasioned by the customer’s failure to make the order in writing.
23.3 Orders shall constitute irrevocable offers to purchase the goods in question at the usual prices of COMMERCIAL ICT / Elvey Group as at the date when the customer places the order of the goods, subject to clause 22.4 above, and shall be capable of acceptance by COMMERCIAL ICT / Elvey Group by the delivery of the goods, written acceptance or confirmation of the order.
23.4 The customer shall provide COMMERCIAL ICT / Elvey Group​ with an order number when placing an order.
23.5 Any order marked for “Collections” and not collected within 3 days of placing the order will automatically be credited back into the system.

24. DELIVERY

24.1 Any delivery note (copy or original) signed by the customer and/or its authorised representative and/or its nominated agent and held by COMMERCIAL ICT / Elvey Group, shall be prima facie proof that delivery was made to the customer.
24.2 COMMERCIAL ICT / Elvey Group shall be entitled to split the delivery of the goods ordered in the quantities and on the dates it decides with the prior consent of the customer, which consent shall not be unreasonably withheld.
24.3 In the event of the customer choosing to engage its own third party to transport the goods, the customer indemnifies COMMERCIAL ICT / Elvey Group against any claims of any nature whatsoever that may arise from such an agreement.
24.4 COMMERCIAL ICT / Elvey Group is entitled to engage a third party on its behalf to transport all goods purchased by the customer to the delivery address stipulated by the customer.
24.5 Should the customer wish to receive delivery of the goods by a more expensive method of transportation than that normally used by COMMERCIAL ICT / Elvey Group, the customer shall make such request in writing and, in the event that COMMERCIAL ICT / Elvey Group agrees to arrange such special delivery the additional charges shall be debited to the customer’s account and shall be payable by the customer.
24.6 COMMERCIAL ICT / Elvey Group does not guarantee that the goods will be dispatched or delivered on any particular date and time, and the customer shall have no claim against COMMERCIAL ICT / Elvey Group in respect of any loss occasioned by any reasonable delay in dispatch or delivery of any goods ordered and/or services rendered, nor may the customer cancel any order by reason of such reasonable delay.
24.7 Short deliveries must not be accepted and all the goods must be given to the driver of the delivery vehicle for return to the company.
24.8 Goods received in a damaged condition must either be rejected or accepted and a note of the item and type of damage made on the front of the invoice. Were the goods are rejected, the entire delivery must be returned as per 6.7, above.
24.9 All goods taken on an evaluation, approval, demonstration basis or all goods taken on consignment by the customer are deemed sold to the customer within 14 (forteen) working days of issue if not returned to COMMERCIAL ICT / Elvey Group in a perfect condition in the original packaging and with all accessories and manuals intact. COMMERCIAL ICT / Elvey Group reserves the right to charge delivery charges, as and when necessary (R120 delivery charge for any order under

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27.5 The customer’s address in Section A, of the credit application form shall be recognised as the customer’s domicilium for all purposes in terms of this contract whether in
respect of the serving of any court process, notices that payment of any amount or communications of whatever nature.

27.6 In the event of the customer breaching any of its obligations and/or failing to timeously make payment of any amount to COMMERCIAL ICT / Elvey Group, the customer agrees to pay, and shall be liable to pay, all legal costs incurred by COMMERCIAL ICT / Elvey Group in enforcing its rights in terms of these terms and conditions on the attorney/own client scale including collection charges, tracing agent’s fees, air fares and export fees.

27.7 Any document will be deemed duly received by the customer within:
27.7.1 3 (three) working days of pre-paid registered mail to any of the customer’s business or postal addresses or the domicilium address of the customer, or to the personal address of any director, member or owner of the customer; or;
27.7.2 24 (twenty four) hours of being faxed to any of the customer’s fax number’s or any director, member of owner’s fax number’s; or
27.7.3 on being delivered by hand to the customer or any director, member of the customer; or
27.7.4 48 (forty eight) hours if sent by overnight courier; or
27.7.5 24 (twenty-four) hours of being emailed to the customer’s email address on file.

27.8 The customer agrees that neither COMMERCIAL ICT / Elvey Group nor any of its employees will be liable for any negligent or innocent misrepresentations made to the customer, nor shall the customer be entitled to reside from these terms and conditions on those grounds.

28. ARBITRATION

28.1 COMMERCIAL ICT / Elvey Group may refer any dispute arising from or in connection with this contract to arbitration which arbitration award shall be final and binding on the customer and COMMERCIAL ICT / Elvey Group.
28.2 The arbitrator will be a person agreed upon by the parties or failing agreement, appointed by the Arbitration Foundation of Southern Africa, who shall then finally resolve the dispute or issue in accordance with the Rules of the Arbitration Foundation of SA.
28.3 The arbitration must be held at the place and in accordance with whatever procedures, the arbitrator considers appropriate.

29. NEGOTIABLE INSTRUMENTS
29.1 Acceptance of a negotiable instrument from the customer shall not be deemed to be a waiver of COMMERCIAL ICT / Elvey Group’ rights under this contract. In relation to cheques furnished by the customer to COMMERCIAL ICT / Elvey Group, the customer waives its right to insist on notice of dishonor or protest being given to it on the event that the cheque is dishonored.

30. RETURNED GOODS
30.1 Whilst COMMERCIAL ICT / Elvey Group is under no obligation to accept the return of goods, the customer may apply to COMMERCIAL ICT / Elvey Group for permission to return goods and if written permission is given –

30.2 the customer may return any defective goods to the premises of COMMERCIAL ICT / Elvey Group or its nominee at the customer’s own cost.
30.2.1 any item delivered to COMMERCIAL ICT / Elvey Group will form the object of a pledge in favour of COMMERCIAL ICT / Elvey Group for present and past debts of the customer to COMMERCIAL ICT / Elvey Group and COMMERCIAL ICT / Elvey Group will be entitled to retain such pledge as a value determined as follows:
30.2.2 the difference between the selling price and the value of the goods at the time that the debt became due.
30.2.3 the value of any repossessed goods or retained pledge goods will be deemed to be The value placed on them by any sworn valuator after such repossession and such
valuator will be prima facie proof of the value.

30.3 COMMERCIAL ICT / Elvey Group will follow the policies on any returned and/or faulty goods as prescribed by the vendor responsible for the brand of goods. Details of prescribed vendor policies are obtainable from COMMERCIAL ICT / Elvey Group.

31. WARRANTIES AND INDEMNITY

31.1 Goods may be guaranteed under the manufacturer’s product specific warranties only, and all other guarantees and warranties including common law guarantees and warranties in relation to goods and services are hereby specifically excluded by COMMERCIAL ICT / Elvey Group.

31.2 All guarantees are immediately null and void should any equipment be tampered with or should the “seals” on the equipment or sim cards be broken by anyone other than COMMERCIAL ICT / Elvey Group or its appointed nominee, or should the goods be operated outside the manufacturer’s specifications.

31.3 To be valid, guarantee claims must be supported by the original tax invoice and the goods must be in their original packaging and must be accompanied by all accessories and manuals must be intact. All items must be returned in “as new” condition.

31.4 No warranties whether express or implied shall apply, other than those provided in this contract. COMMERCIAL ICT / Elvey Group specifically disclaims the implied warranty of merchantability and fitness for a particular purpose. No representation or warranty, including but not limited to statements of capacity, suitability for use or performance made by employees of COMMERCIAL ICT / Elvey Group shall be considered to be a warranty by COMMERCIAL ICT / Elvey Group. Any such statements made shall not give rise to any liability or whatsoever nature on the part of COMMERCIAL ICT / Elvey Group, its employees, subcontractors or subsidiaries. COMMERCIAL ICT / Elvey Group will not be liable to the customer for any loss, damage or expense of any nature, whether direct, special, indirect or consequential, including but not limited to loss or profits arising out of COMMERCIAL ICT / Elvey Group’s performance or customers’ use of the goods or services rendered.

31.5 The customer indemnifies and holds COMMERCIAL ICT / Elvey Group (including its employees, subcontractors or subsidiaries) harmless against all claims of whatsoever nature that may be brought or threatened against COMMERCIAL ICT / Elvey Group by any third party arising from or in connection with any defect, latent or otherwise in any goods supplied and/or services rendered by COMMERCIAL ICT / Elvey Group.

31.6 The customer shall not duplicate copyrighted material. In the event of the customer duplicating copyrighted material, each attempt to do so will immediately render the full prevailing price in respect thereof payable to COMMERCIAL ICT / Elvey Group.

32. REPAIRS

32.1 COMMERCIAL ICT / Elvey Group’s liability in terms of a manufacturer’s warranty is restricted to, in COMMERCIAL ICT / Elvey Group or the manufacturer’s discretion, the cost of repair or replacement of faulty goods or services or the granting of credit.

32.2 In the case of repairs undertaking by COMMERCIAL ICT / Elvey Group repair quotes given are merely estimates and are not binding on binding on COMMERCIAL ICT / Elvey Group.

32.3 The customer hereby agrees that any item returned for a repair may be sold by COMMERCIAL ICT / Elvey Group to defray the cost of such repair if the item remains uncollected for a period of 30 (thirty) days after the repairs have been completed.

33. REFERING TO 12. GENERAL

33.1 COMMERCIAL ICT / Elvey Group reserves the right in its sole discretion to vary or amend these terms and conditions from time to time and any such amended or varied terms and conditions shall be binding on the customer from the time that the customer is notified thereof.

33.2 This contract represents the entire agreement between COMMERCIAL ICT / Elvey Group and the customer and shall govern all future contractual relationships between COMMERCIAL ICT / Elvey Group and the customer.

33.3 No amendment 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 a director of COMMERCIAL ICT / Elvey Group. No agreement, whether consensual or unilateral or bilateral, purporting or obligate COMMERCIAL ICT / Elvey Group 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 a director of COMMERCIAL ICT / Elvey Group.

33.4 No relaxation or indulgence with COMMERCIAL ICT / Elvey Group may grant the customer shall prejudice or be deemed to be a waiver of any COMMERCIAL ICT / Elvey Group’ rights in terms of these terms and conditions.