STANDARD TERMS AND CONDITIONS
The only basis upon which MODERN NETWORKS CC will supply services and products to the Client in accordance with the terms and conditions set out below. All and any business undertaken, provided whether gratuitously or not by MODERN NETWORKS CC is and shall be subject to the terms and conditions contained herein and each term and condition shall be deemed to be incorporated in and to be a term and condition of any agreement between MODERN NETWORKS CC and the Client.
a. Client means the company or person to whom the services and/ or products are provided
b. Goods means any items that are supplied to the Client in terms of this agreement
c. Quotation or quote means the document detailing the goods and price provided to the Client by the Company, which document will be binding between the Company and the Client upon acceptance.
a. Guarantee on all Equipment and workmanship is valid for one year from Dateof Installation.
b. Guarantees do not cover standard wear and tear or negligent/willful damage and is limited to workmanship
c. No guarantee will be given on work undertaken/completed by 3rd party contractors
d. It is the sole responsibility of the Client and other Contractors to ensure that any Stock Item/s, Tools or Equipment which can be damaged, tainted or spoilt must be removed from work site or satisfactorily sealed. MODERN NETWORKS CC cannot accept responsibility if damage or loss should occur.
e. No stock item will be replaced/exchanged/credited after 3-month period
f. All electrical/communication cabling, connections, electrical circuit breakers, contactors or routing that is provided/supplied/installed by other contractors will not be the responsibility of MODERN NETWORKS CC and therefore the responsibility of such contractors.
a. This contract assumes access to all areas between 08:00 to 17:00 Monday to Friday or after hours when necessary as well as access to free supply of electricity/storage facilities (when required).
b. Delivery on all standard Equipment cannot be guaranteed for any specific date/time, although every endeavor will be made to deliver as per negotiation.
a. Electronic transformers are a pre-requisite requirement and must be supplied by the client MODERN NETWORKS CC. MODERN NETWORKS CC is not responsible for any damage/loss after the installation if other bulbs were used.
b. All lights and electrical equipment to be connected to terminal strip and tested in electrical DB board by other contractors PRIOR to C-Bus installation
c. Electrical appliances/equipment exceeding AMP ratings of more than 10 A per circuit will require other contactors.
a. The Quote is valid for 14 days and pricing is subject to change, without prior notice and is not guaranteed for any specific time.
b. No provision has been made for unforeseen/hidden problem areas, if this should arise MODERN NETWORKS CC reserves the right to re-quote for this separately.
c. The amounts quoted are based on the entire scope of the mentioned project, as per client request, however, if it is not possible to carry out the agreed scope simultaneously due to factors outside of MODERN NETWORKS CC control, MODERN NETWORKS CC reserves the right to re-quote on labor and travelling costs (All labor and travelling charges are estimated)
d. The Contract does not exclude unforeseen price increase and MODERN NETWORKS CC reserves the right to adjust pricing without prior notice.
e. Any additional services or equipment will be quoted on separately and handled as separate entities to this contract agreement
f. If the completion of the project exceeds a 6 (six) month time frame from quote acceptance to commissioning, extra fees will be incurred by the client to cover additional site visits, extra labor, and unforeseen price increases.
g. Any orders resulting from this agreement/quote will only become binding after the payment of the deposit by the client is received
h. The monetary value of any Stock Item becomes the client’s responsibility once invoiced.
i. A Quote is based on standard site visits, consultation and travelling, as quoted. Any additional visits and consultation will be charged for separately.
j. Any specified programming and/or additional lights, equipment and/or changes made will be charged for separately per hour and per kilometer, as required.
k. Designing and site planning will commence once an official, signed order has been completed and received. Signed documentation and proof of deposit must be faxed to MODERN NETWORKS CC offices on 086 607 8105. Use project name as reference.
l. A 20% handling fee will be charged on quoted and ordered Stock Items returned for any reason.
m. The deposit will be forfeited if the contract is cancelled.
n. MODERN NETWORKS CC will not agree to any retention charges and reserves the right to refuse same.
a. All prices are quoted in South African Rand.
b. Payments are to progress in 3 phases, namely, Deposit of 30%, Equipment and commissioning.
c. The deposit is payable on acceptance.
d. Once the Deposit payment is received, a standard 8 (eight) week order of the equipment is placed. The Equipment will become payable COD after this period, irrespective of any developing delays. Once the payment is received delivery will be made to the delivery address for safekeeping until site is ready for installation. Stock cannot be returned or kept for any period, should thereby any development delays of any nature.
e. The balance of the contract/quoted price will be payable upon completion and commissioning.
f. Interest at 10% will be charged on late payments of 30 days overdue.
g. Should any legal costs be incurred due to hand over of late payment or accounts unpaid, will be for the client’s payment and will not be incurred by MODERN NETWORKS CC. This includes a 6% collection commission which becomes payable if an account is handed over for collection
h. MODERN NETWORKS shall charge the Client interest at the rate of 20% (twenty percent) per annum shall be compounded monthly in arrears on all amounts owing by the Client to MODERN NETWORKS CC which have not been paid on the due date thereof, reckoned from the due date thereof until date of payment. Such interest shall be payable on demand, provided however, that nothing herein contained
i. MODERN NETWORKS CC reserves the right at any time to refuse services should MODERN NETWORKS CC not be able to obtain satisfactory guarantees for the due and prompt payment to it of all monies which may become due.
j. Upon failure to comply with the conditions of payment, MODERN NETWORKS CC reserves the right to suspend further services or to require cash payment prior to or to cancel the sale.
k. Should Value Added Tax (VAT), duties and withholding tax become payable in respect of the Sale in terms of these Conditions, such amount shall be for the account of the Client and shall be payable on due date.
7. Reservation of Ownership and Transfer of Risk:
a. All equipment remains the property of MODERN NETWORKS CC until paid in full.
b. MODERN NETWORKS CC reserves the right to remove any equipment not yet paid for at any time should any balance be outstanding longer than 30 days from date of invoice.
c. The Client will accept the risk in respect of all goods delivered. However, ownership to and unto the goods will be vested with MODERN NETWORKS CC, until the full purchase price has been paid. All goods whether attached to immovable property or not will be construed as movable property and may be removed and exempted from any damage. MODERN NETWORKS CC reserves the right to advise the end user or Landlord of the property where the goods have been installed or delivered as to the ownership of the goods.
8. Force Majeure:
a. Any transaction is subject to cancellation by MODERN NETWORKS CC due to force majeure from any cause beyond the control of MODERN NETWORKS CC, including, without restricting the generality of a foregoing, inability to secure labor, power, goods, or supplies, or by reason of an act of God, war, civil disturbances, riot, state of emergency, strike, lockout, or other labor disputes, fire, flood, drought, or legislation.
a. The Client consents to the jurisdiction of the Magistrate’s Court in terms of Section 45 of the Magistrate’s Court Act No. 32 of 1944 (as amended) having jurisdiction under section 28 of the said act, notwithstanding that the claim by the MODERN NETWORKS CC exceeds the normal jurisdiction of the Magistrates Court as to amount. The MODERN NETWORKS CC shall in its discretion be entitled to proceed against the Client in any other court of competent jurisdiction, notwithstanding the foregoing.
b. The Client agrees that in the event of any dispute arising between the parties the MODERN NETWORKS CC shall have the right to refer such dispute to an independent arbitrator for immediate resolution of such dispute. The arbitrator shall have the widest possible powers to arbitrate between the parties, to dispense with any or all rules of Court for the purpose of such proceedings and to make such award against any or both parties as he in his sole discretion may deem fit and the arbitrator’s award shall be final and binding on the parties and shall not be subject to appeal.
a. These standard terms and conditions of this agreement and any agreement to which they relate shall be governed by the law of the Republic of South Africa.
b. Any act of indulgence or grace on the part of either party with respect to the other under these Conditions shall not constitute a waiver of that party’s rights and shall not preclude that party from thereafter strictly enforcing its rights under these Conditions.
c. Each paragraph or clause in this agreement is severable the one from the other and if any paragraph or clause is found by any competent Court to be defective or unenforceable for any reason whatsoever, the remaining paragraphs or clauses shall be of full force and effect and continue to be of full force and effect.
d. These Conditions of Contract cannot be cancelled by consent or altered otherwise than in writing signed by both parties.
e. The Client will not be able to cede any of its rights or to delegate any of its obligations arising out of, or pursuant to, this agreement without the written consent of MODERN NETWORKS CC.
f. Should legal proceedings be instituted against the Client for the recovery of any amounts due in respect hereof, the client will be liable for legal costs on Attorney and Client scale as well as collection commission.