STANDARD TERMS AND CONDITIONS OF SALE
1. Programit (Pty) Ltd agrees to deliver the goods and/or perform the services as specified in the relevant quotation, sales order or invoice. Quotations are valid for 3 days.
2. The Customer explicitly waives its own standard terms and conditions, even if these were drawn up after these standard terms and conditions of sale. In order to be valid, any derogation must be expressly agreed to in advance in writing.
3. This agreement will commence on the date the Customer appoints Programit (Pty) Ltd, and will continue until the goods are delivered and/or the services are completed.
4. The Customer will pay Programit (Pty) Ltd:
- in terms of the pricing schedule specified, in the Programit (Pty) Ltd quotation, sales order, invoice, or otherwise in writing; and
- for any additional services that are not included in the scope of this mandate, at the standard rate charged by Programit (Pty) Ltd, in which event Programit (Pty) Ltd will quote the Customer before rendering the services and charging the Customer.
5. Where applicable, the Customer will pay to Programit (Pty) Ltd the deposit on placing the order. The balance of the fees will be payable immediately on completion of the services or delivery of the goods.
6. Programit (Pty) Ltd reserves the right to review the fees payable if additional goods or services are required by the Customer, or if any other factor affecting the services changes. A new quote will be generated in this instance, and the reason for the pricing change will be advised to the Customer.
7. Outstanding amounts will incur interest at 2% per month, compounded monthly.
8. The Customer will, without delay, provide Programit (Pty) Ltd with any information and access that may be required by Programit (Pty) Ltd for the performance of the services.
9. If the Customer cancels any order, the Customer will be liable to pay a cancellation fee.
10. Any goods delivered to the Customer will remain Programit (Pty) Ltd goods until full payment has been made. No return of goods will be accepted except if the reason is defective goods. Defective goods returned more than 7 (seven) days after delivery will be rejected.
11. If either party breaches this agreement and fails to remedy the breach within 20 (twenty) days after receipt of written demand, the aggrieved party will be entitled to claim specific performance or to cancel this agreement, and to claim damages. If Programit (Pty) Ltd commences action due to the Customer’s non-payment, the Customer will be liable for costs on the attorney and Customer scale.
12. The Customer chooses as the address at which s/he will accept legal notices and other communications his/her physical addresses as documented on the quotation, sales order or invoice.
13. Programit (Pty) Ltd will not be responsible for any indirect or consequential damages, or any loss of profit or special damages for any reason.
14. No addition to or variation of this agreement will valid unless in writing and signed by the parties.
15. No indulgence by any party will prevent the enforcement of strict compliance with this agreement.
16. No representations or warranties other than those set out in this Agreement are binding on the parties. If the Customer entered this Agreement on the basis of any representation, the Customer is requested to record the representation in writing.
17. All our contractual relations will be governed exclusively by South African law.