TERMS AND CONDITIONS
The conditions set forth herein shall apply to all transactions for the supply of training services entered into, or to be entered into, between X-Quiz-IT Consulting Studio cc (Reg.No. 2002/049485/23), hereinafter referred to as “the Company” and the purchaser being any legal person, firm, partnership, close corporation or company, hereinafter referred to as “the Buyer”:
In this Agreement, unless the context indicates differently:
1.1. "Agreement" means these terms and conditions, including the Schedule and all written notices that the supplier has given to the consumer;
1.2. "business day" means any day except for a Sunday or South African public holiday;
1.3. "buyer"/"you"/"your" means the person who has agreed to enter into this Agreement and whose details are recorded in the Schedule;
1.4. "Schedule(s)" means the Retail Lay-by Schedule attached to these terms and conditions which records the purchase price of the goods, the number posited, the quantity of the amounts to be deposited, the dates on which the amounts need to be deposited and any other Schedules which may be attached hereto by agreement between the parties;
1.5. “company”/"supplier"/"we"/"us"/"our" means X-Quiz-IT Consulting Studio cc;
1.6. the headings of the various clauses in this Agreement have been inserted purely for the purpose of convenience and they will not be used to interpret the Agreement.
1.7. any reference to a gender includes the other genders; and
1.8. the singular includes the plural and vice versa (the other way around).
2.1. You have agreed:-
2.1.1. to buy the services set out in the Schedule on lay-by; and
2.1.2. to pay for the service by making regular deposits until payment of the full purchase price, as set out in the Schedule.
2.2. You understand and agree that the services will not be delivered to you until you have paid the full purchase price for the service.
2.3. You agree that:
2.3.1. this Agreement represents the entire Agreement between the you and the company and that no variation, amendment or alteration of these Conditions of Sale shall be of any force or effect unless reduced to writing and signed by a duly authorised representative of the Company and the Buyer; and
2.3.2. for purposes of this Agreement "signature" or "signed" does not include an electronic signature as contemplated in the Electronic Communications and Transactions Act 25 of 2002 ("ECT Act").
2.3.3 Wherever, in these Conditions, provision is made for the amendment or variation thereof between the Buyer and the Company, in writing, the onus shall be on the Buyer to establish that the representativ of the Company, in entering into such variation or amendment to the terms hereof, was authorised to do so.
3. PAYMENT OF DEPOSIT AND INSTALMENTS
3.1 Shall be in South African Currency, without deduction or set-off.
3.2 Shall be in the form of banked cash deposit, Debit or Credit Card, Electronic Fund Transfer (EFT), against the order.
3.3 The Buyer agrees and undertakes to notify the Company immediately of any material factor which could or might have a bearing on the credit facilities extended to the Buyer by the Company, and furthermore undertakes to notify the Company immediately of any material change of or concerning the Buyer, including any change of ownership, shareholding, status,
name and address.
3.4 Quoted prices do not include VAT, as this company is not VAT registered, unless otherwise stated.
3.5 You understand and agree that:-
3.5.1 The Agreement will commence upon signature of the Agreement and payment of the initial deposit set out in the Schedule.
3.6 Thereafter, you must deposit the monthly amounts on or before the due dates until the final payment date.
3.7 The deposits will be applied towards the settlement of the purchase price on the final payment date.
3.8 The Buyer agrees that its signature of its
employees or any person purporting to represent it on the official delivery note of the Company, be sufficient proof of delivery of the services from time to time.
4. TERMINATION OF THE AGREEMENT
4.1 Orders after acceptance, may not be cancelled, in whole, or in part, or varied in any manner whatsoever, unless confirmed in writing by the Company.
4.2. If you terminate the Agreement before paying the full purchase
price, or fail to complete the payment for the services within 60 (sixty) business days after the final payment date, we:-
4.2.1 May charge a termination penalty of fees equal to 10& (percent) of the full purchase price of the services. We will not charge a termination penalty if sufficient proof is made available to us that your failure to complete payment was due to death or your hospitalisation;
4.2.2 After deducting the termination penalty (if any), will refund you any amounts paid by you under this Agreement;
4.3 You understand and agree that if the agreement had been terminated for any reason and you wish to transfer similar services, you will be required
to enter into a new agreement with us and the current price of the training course will then apply.
5. STATEMENTS OF ACCOUNT AND CONTACT DETAILS
5.1 We will deliver a monthly statement of account to you by way of email or SMS, as may be elected by you.
5.2 You must check each statement as soon as you receive it and inform us within 7 days of receipt thereof if you think that a
statement is not correct.
6.1 It is your responsibility to provide us with the
correct contact details prior to delivery of the training course.
6.2 Time shall not be of the essence in the contract.
6.3 Any time or date specified for delivery of
training by the Company or the Buyer, in respect of any sale, shall be approximation and guide only.
6.4 We will make every reasonable effort to deliver the training course to you as soon as possible after we have received the full purchase price of the training course.
6.5 If the Company is unable to effect delivery of training on the date or time stipulated by it or the Buyer:-
6.5.1 the Buyer shall be obliged to take delivery of training as and when the Company can reasonably effect such delivery;
6.5.2 The Company may, in its discretion, effect delivery of training as it can, and the Buyer is obliged to accept such partial delivery of training, and such delivery shall be deemed to be a sale for such listed quantity of services and goods, concluded in terms of these terms and conditions;
6.5.3 In the event of delivery of the services at/in various stages, then each delivery shall be deemed to be a separate and divisible contract and the terms and conditions herein contained shall apply to each delivery as if the same were the subject of an independent contract;
6.5.4 No dispute arising from any such one delivery shall affect the balance of the contract between the Company and the Buyer arising from prior deliveries. The Company shall have the right to claim pro rata payment in respect of each consignment delivered to the Buyer.
6.6 The Company does not give any warranties of whatsoever nature or kind and it shall not be held responsible for any damages of whatsoever nature, or loss of profit, or any consequential or indirect damages which the Buyer may suffer as a result of such later delivery of training.
6.7 We cannot be responsible for failure to perform or to deliver or delays in performance or delivery due to circumstances beyond our control ("force majeure events"). We will not be liable to you for any loss arising from any failure or delay in performance or providing the goods resulting from force majeure events. We will use reasonable endeavours to continue to perform in terms of this Agreement as soon as performance becomes possible. We may contact you to agree on alternative dates for delivery, but
will not require you to accept delivery at an unreasonable time.
6.8 You understand and agree that the services as set out in the Schedule are identified and described by Type. This does not mean that specific services are set aside for the duration of the lay-by agreement, but that we will deliver that Type to you after receipt of the full purchase price for the goods.
6.9 If, for reasons beyond our reasonable control, we are unable to deliver that Type to you, we will, at your option:-
6.9.1 supply you with an equivalent quantity of training courses that are comparable or superior in description, design or quality; or
6.9.2 refund to you the amounts deposited with us for the training course and training materials, with interest in accordance with the Prescribed Rate of Interest Act 55 of 1975.
6.10 The risk in and to the services purchased shall pass to the Buyer upon delivery. Such delivery of training will be deemed to have been effected upon tender of the services for acceptance by the Buyer within the Company’s business trading hours, at the Company’s place of business.
6.11 Unless the Buyer gives timeous notice of the partial delivery, in terms of 6.9.1 above, the Buyer shall be deemed to have received the goods as set out in the delivery note and relevant invoices.
7. TRANSFER OF RIGHTS
7.1. Unless our prior written consent has been
obtained, you will not be entitled to cede, delegate, assign or transfer all or any part of your rights or obligations under this Agreement. You hereby authorise us and agree that we may cede at any time any part or all of our rights under this Agreement or transfer any part or all of our rights or obligations (whether by way of delegation or assignment) under this Agreement to any third party. You further agree that it shall not be necessary for us to
provide prior notification to you in the event of any such cession or transfer.
8. NOTICES AND LEGAL PROCESSES
8.1. You agree to accept any notice and legal
processes under this Agreement at the address recorded in the schedule. (This address is known in law as your domicilium citandi et executandi or domicile address).
8.2. We choose as our domicile address where you must deliver all notices and legal processes, the following address: No 10 The Cedars, 58 cecil Awret Road, Illiondale, Edenvale, Lethabong, 1610.
8.3. If you want to change the address at which you agree to accept notices and legal processes, then you must send us a notice in writing by registered post. The notice must:-
8.3.1. Inform us that you are changing your
8.3.2. Set out the new address at which you agree to accept notices.
8.4. Any new address must be a physical address in the Republic of South Africa.
8.5. If we send a notice to you:-
8.5.1. By prepaid registered post to your
address, we will treat it as if you have received it 7 (seven) days after posting; and
8.5.2. By hand, we will treat it as if you have received it on the date of delivery.
8.6. When we treat a notice as if you have
received it by a certain date, it means that we do not have to prove that you did receive it then. If you claim that you did not receive the notice by that date, then you will have to prove it.
8.7 We do not lose any of our rights under this Agreement if we do not insist immediately and in every instance on these rights. You may not use it as defence if we had a right which we did not enforce at the relevant time.
8.8 If any term or condition of this Agreement
becomes unenforceable for any reason whatsoever, that term or condition is severable from and shall not affect the validity of any other term or condition in this Agreement.
8.9 Where the Buyer, in anyway, breaches the
terms of the agreement, and does not remedy same within 24 hours of verbal or written warning to that effect, then the Company, in its discretion may resile from the agreement and claim return of the goods or its current market value in Rands, determinable from the relevant invoice, as well as being able to retain any monies already received from the Buyer, as damages.
8.10 The Magistrate’s Court will be the forum
which will deal with any matters of breach and surrounding issues, and concurrently the Laws of the Republic of South Africa will be applicable.
8.11 If the Buyer is in anyway in breach of the agreement and the Company engages the services of an attorney to collect the whole or portion of the amount owing to it by the Buyer, or to sue for any other damages as a result of breach by the Buyer, the Buyer shall be liable to pay all costs occasioned as a result thereof, including collection charges and costs on an attorney and own client scale.
9. GOVERNING LAW AND JURISDICTION
9.2. You agree that the company may bring legal proceedings against you relating to this Agreement in any Magistrate's Court that has jurisdiction, even if the amount of the claim may exceed the jurisdiction of that court. This does not prevent the company from bringing legal proceedings in a High Court that has jurisdiction.
10.1 Reservation of Ownership and Appropriation
10.2 Notwithstanding anything herein before or
elsewhere contained, ownership of the goods (such as training material and software) shall, at all times, remain vested in the Company, until the Buyer has made full payment of the purchase price. No latitude or extension of time given to the buyer shall in any way vitiate or novate the Company’s rights hereunder. In the event of any default on the part of the Buyer, the Company shall, without prejudice to any other rights it may have, and
without notice, be entitled, on demand, to obtain return of the goods, in so far as payment for the goods has not been made in full. The Buyer also consents to a Court Order against it for the attachment and removal of such goods by the Sheriff of the relevant Court.
10.3 The Company shall be entitled, at its
discretion, to appropriate any payments made towards the reduction of any indebtedness to it by the Buyer as well as interest, at the Company Bank’s prevailing prime rate.
10.4 The Company is not obliged to accept incorrect
training course bookings where the Buyer has made an error in its order, and the Buyer remains fully liable for the full price of the training course so ordered.
11. LIMITATION OF COMPANIES LIABILITY
11.1 Before dealing in any manner with the training course supplied against any order; the Buyer must satisfy itself that the training course is suitable for the purpose for which it is to be used
11.1.1 no claim may be brought against the Company by any Third Party arising out of the unsuitability of the training for any particular purpose whatsoever.
11.1.2 The onus shall be on the Buyer to satisfy itself that the goods supplied are for the purpose for which the goods are to be used, there being no obligation on the Company to guarantee such suitability.
11.3 No agreement, warranty, condition,
representation, promise, statement or undertaking, whether made before after a sale, shall be binding on the Company unless contained herein or confirmed officially in writing under the Company’s signature.
11.4 The Company does not give any warranty against defects in the training material supplied, be they patent or latent. The Company does not give any warranties or guarantees of any other nature or make any representations whatsoever in respect of the goods, or of its fitness for any particular purpose, whether or not that particular purpose is, or could be, deemed to be known to the Company, other than any warranty or guarantee that may have been expressly given in writing. The Company shall be deemed to be unaware of the particular purpose for which the goods or any product made there from is required.
11.5 The Company’s manufacturer warrants that the training materials sold by the Company will be free from defects in materials or workmanship, under normal use and service, for the appropriate warranty period. The extent of the warranty period will depend on the period given by the Company’s manufacturer. The Company’s sole obligation under this warranty shall be, at its option, to repair or replace, without charge, any defective component part of such product, within a reasonable time period, or to credit the Buyer’s account with the market related value, provided such faulty goods are returned in terms of this clause and not found to be defective, will be returned to the
buyer at the Buyer’s expense, and be subject to a charge equal to 20% of the invoice value of such goods to cover the costs of repair or replacement and other time spent by the Company.
11.6 The Company shall not be liable under this warrant for any training materials that the Buyer alleges are defective where those goods have been repaired or altered by some other person than the Company’s designated personnel or authorised representative, unless such repair or alteration was effected pursuant to prior written approval of the Company, or where the Buyer fails to notify the Company of any alleged defect within the
period of the warranty, or where the goods have been altered or damaged in any way which the Company reasonably determines to personally affect the performance and reliability, or where the goods have been subjected to misuse, neglect or accident.
12. FORCE MAJEURE
If the agreement becomes wholly or partially
impossible to perform due to causes beyond the control of the Company, such causes to include, but not be limited to; war, civil insurrection, vis maior, Government action and industrial disputes, the Company shall be permitted to rescind the agreement at its discretion. If deliveries of goods or services shall be delayed as a result of such causes, the Company shall not be construed as being in breach of the agreement.
13. DOMICILIUM CITANDI ET EXECUTANDI
The Company hereby elects as its domicilium citandi et executandi, at which it will accept service of any process or notice :
No 10 The Cedars, 58 Cecil Awret Road, Illiondale, Edenvale, Lethabong, 1610.