Terms and Conditions

 

1. TERMS OF PAYMENT

1.1. The Buyer shall make payment as 100% advance payment, at least 7 (seven) days prior to dispatch from the factory by means of: 

1.2. Telegraphic bank (wire) transfer into the Seller’s account    or

1.3. Bank cheque, to be cleared by the Seller’s bank before dispatch of product. 

1.4. All the bank expenses including those of the corresponding bank in connection with the transfer of payment are to be paid by the Buyer.

1.5. The Seller will send the Buyer a Proforma Invoice, including bank details in electronic format (PDF) via email, seven (7) working days prior to the target dispatch date.

1.6. All prices and costs are fixed in USD if not otherwise negotiated with and agreed by Buyer.

2.  TERMS OF DELIVERY 

2.1. Dispatch is generally within 30 working days from receipt and acceptance of order. 

     Working days exclude Saturdays, Sundays and Public (Banking) Holidays

2.2. Inco terms 2000, EXW, CIP or CPT  are applicable. 

2.2.1 EXW (Ex works), Pretoria, South Africa

   2.2.1.1 On request of the Buyer, the Seller will make the necessary arrangements with the Buyer’s nominated courier service or shipping agent.

   2.2.1.2 Product will be collected at the factory by the Buyer’s nominated courier or shipping agent, or alternatively at the discretion of the Seller be delivered to the Buyer’s nominated courier or shipping agent.

   2.2.1.3 All costs will be charged to the Buyer’s courier or shipping agent account, account detail provided by the Buyer before dispatch from the factory where relevant.

   2.2.1.4 Where Seller arranges the collection, if the Buyer does not instruct the Seller explicitly otherwise, insurance will be included at the value of the product indicated on the Proforma invoice.

   2.2.1.5 Dispatch from the factory will be within seven (7) working days from receipt of full payment.

   2.2.1.6 The Seller will forward the respective Air Waybill Number or shipping detail received from the respective courier or shipping agent to the Buyer for tracking purposes via email within 48 hours of dispatch from the factory.

   2.2.1.7 The Seller will send with the Product, the required Commercial Invoices and an Product Checklist.

2.2.2 CIP (Carriage and Insurance Paid To named place of destination)

   2.2.2.1 Carriage and insurance cost will be included in the Proforma invoice and be prepaid by the Buyer.

   2.2.2.2 Named place of destination will be agreed by the Seller and Buyer before the Proforma invoice is sent to the Buyer.

   2.2.2.3 The Seller will make the necessary arrangements with its courier service or shipping agent to deliver the Product to the Buyer’s named place of destination.

   2.2.2.4 The Seller will pay its courier service or shipping agent for the respective carriage and insurance cost.

   2.2.2.5 All Customs charges including duties and taxes will be paid for by the Buyer. 

   2.2.2.6 Dispatch from the factory will be within seven (7) working days from receipt of full payment. 

   2.2.2.7 The Seller may use any reliable courier service or shipping agent at its discretion.

   2.2.2.8 The Seller will forward the respective Air Waybill Number or shipping detail to the Buyer for tracking purposes via email within 48 hours of dispatch from the factory.

   2.2.2.9 The Seller will send with the Product, the required Commercial Invoices and an Product Checklist.

2.2.3 CPT (Carriage Paid To named place of destination)

   2.2.3.1 If the Buyer instructs the Seller explicitly not to included insurance, insurance will not be included for the Product indicated on the Proforma invoice.

   2.2.3.2 The Buyer will bear all responsibility for any loss should the Product be damaged or lost during carriage; in this event the Buyer will have no claim against the Seller or its courier service or shipping agent in any way. 

   2.2.3.3 Other than for insurance items, all other conditions stated for CIP, clause 2.2.2 above apply.

3.  QUALITY OF THE PRODUCT (Quality Assurance)

3.1    The quality and performance of the Product is in conformance with the official documentation provided by the Manufacturer.

3.2    The applicable documentation will be provided by Maritec or can be obtained from Maritec on request, if not provided.

3.3    Test and measurement equipment, where applicable is issued with a factory Performance Verification Certificate.

3.4    Re-verification is subject to the care exercised in the handling and use of the Product and the frequency of use and should be performed after a period that has been chosen by the user to ensure that, under normal circumstances, the Product performance accuracy remains within the desired limits. This period is also dependant on the user's quality policy or classification societies' requirements. Factory performance verification is done free of charge however, all shipping and insurance cost to/from the factory, Pretoria, South Africa is for the customer's account (pre-paid).

4.  DISPUTES

4.1 All disputes in connection with this agreement or the execution thereof shall be settled through friendly negotiations. 

    Should the Buyer find and can verify that the Product does not perform in accordance with the respective operational and technical manual, the Buyer can upon consultation, return it within 30 days of purchase, in original working condition to the factory, for up to an 80% (eighty percent) refund of the Product value as indicted on the purchase proforma invoice, excluding transport costs. The refund is only applicable for first time buyers of 1 (one) unit. Foreign exchange rates, as determined by the respective banks will be applicable at the time of the refund.  

5. WARRANTY: 

5.1 Conditional Warranty:

The manufacturer has designed and constructed the Product with high quality components and material. All products are soak tested and inspected before leaving the factory. All Factory products are warranted for one year from the date of purchase by the Buyer, to be free from component and manufacturing defects under normal intended use.

5.2 The following are not covered:

Damage resulting from a collision with any object, Acts of God, water, sand, dirt, exposure to weather conditions, battery leakage, theft, misuse, abuse, improper use of electrical source and or battery chargers, appearance items, antennas, jacks, sockets, switches and cables do not form part of the conditional warranty. This warranty does not include the cost to remove or acquire the product or accessory in any form.

5.3 Software:

Where software discrepancies are identified and or operational bugs are found. These should immediately be brought to the attention of Factory. The warranty is limited to the rectification of the discrepancy or bug by software upgrade, and should not exceed the original operational and technical specification as defined in the “Operational and Technical Manual” for each product.

5.4 Void:

The warranty shall be void if there is evidence of mis-use, abuse, alteration, incorrect installation, attempts to reverse engineer, or unauthorized repairs. Factory assumes no liability for any consequential or 3rd party damage caused by the installation, use, or mis-use of this Product to any persons, entities or other components.

5.5 Warranty Approval:

Upon approval by Factory the warranty repair covers all materials and labor, but does not include any freight, customs brokerage or other handling charges that may be incurred to deliver and return the defective item to the factory.

The warranty is limited to and at Factory’s sole discretion to repair, or replace with a new or reconditioned unit, within the warranty period any unit returned, freight prepaid, to the factory. This warranty is in lieu of all warranties, expressed or implied, including any warranty of merchantability or fitness, and of all other obligations or liabilities on the part of the seller. 

Factory reserves the right to make changes, additions, or improvements in software and design to its Product without obligation to install such additions or improvements in Product theretofore manufactured. However where software upgrades are available they will be posted on our Internet site and will be free of charge.

5.6 Return Materials Authorization:

A return materials authorization (RMA) Number is required for all returns to the factory. All Product returned to the factory must be shipped prepaid. Mark all packages and documents “SOUTH AFRICAN MANUFACTURED PRODUCT RETURNED FOR REPAIR” and include the RMA number.

5.7 Post Warranty Guidelines:

A return factory flat rate repair service will be provided after the 1-year period. The Buyer must make the necessary arrangements with the Seller. All carriage and insurance cost will be for the Buyer’s account. 

September 8, 2010