CSSI’S STANDARD TERMS AND CONDITIONS OF SALE 

The “product(s)” means the goods as indicated on any company forms, price lists, quotations, orders or invoices. 

1. PRICES 

Prices are subject to adjustment/change without prior notice due to variations in the ruling exchange rate and/or customs duties and surcharges. Prices are further subject to change without notice where additional costs are incurred beyond the reasonable control of CSSI. Onus is upon the Customer to confirm prices before issuing purchase orders. CSSI will not be held liable for any loss whatsoever incurred as a result of quoted pricing. Price increases will only be effected if the goods have not yet been dispatched to the Customer. 

2. PAYMENT 

The Customer shall pay the amount on the tax invoice at the offices of CSSI or directly into its bank account.  Payment is due within 30 days of date of the tax invoice OR as per Customer’s specific account terms, which term  is herein incorporated.   2.1 Where the Customer uses a postal or other service to effect payment, to deliver or return goods, such services  are deemed to be the agent of the Customer. Likewise, where the Customer uses Internet banking, the bank  will be deemed to be the agent of the Customer. CSSI will not bear any risk associated with the loss of cheques  sent via post by the Customer.   2.2 The Customer has no right to withhold payment or make set-offs or deductions from any payment due by it  for any reason whatsoever. No extension of payment of any nature will be granted unless reduced to writing  and signed by the Customer and a duly authorized representative of CSSI.   2.3 CSSI has the right to suspend deliveries and to exercise its rights in terms of clause 13 if any amount due by  the Customer is unpaid.   2.4 If any amount owed is not settled in full (i) on due date (ii) on demand, CSSI is entitled, without prejudice to  any of its rights, to:  2.4.1. Immediately institute action against the Customer and/or 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.   2.4.2. CSSI will be entitled to take possession of the goods without prejudice to any further rights vested in  CSSI, and is hereby irrevocably authorized to enter upon the Customer’s premises to take possession of  such goods without a Court order.   2.5 Should any amount not be paid by the Customer on due date, the full outstanding amount in respect of all  purchases by the Customer will become due and payable, and the Customer will be liable to pay interest in  respect of amounts unpaid at a rate of a 21% (twenty-one per cent) per annum on all overdue amounts from  due date until date of payment, calculated and payable monthly in advance.  

3. WITHDRAWAL OF CREDIT FACILITIES 

CSSI’ decision to grant credit facilities to the Customer and the nature and extent thereof is at the sole discretion of CSSI.  CSSI reserves the right to withdraw or decrease any credit facilities at any time without prior notice. 

4. WARRANTY 

Except where otherwise stated, all products are warranted for one year against defective materials, workmanship and/or failure, from the date reflected on the original invoice/delivery. Subject to these warranties, products will be replaced or repaired without charge subject to the conditions listed below:  4.1 The product has not been acquired by the Customer through a source other than CSSI; 4.2 The product(s) are returned properly packaged including all accessories, cabling and power cords etc., carriage prepaid to CSSI at the shipper’s risk within the warranty period;  4.3 A copy of the original invoice with a full description of the defect is supplied with the faulty product; 4.4 The Customer has not modified or tampered with the product(s) in any way or broken any “seals” thereon; 4.5 The product(s) have not been used for any purpose other than that for which they were designed and intended;  4.6 The damage is not caused by force majeure, lightning, power surges, fault or negligence on the part of the Customer or end user. Onus being upon said persons to fully understand and comply with the correct installation and use procedures;  4.7 It is specifically understood that CSSI shall under no circumstances be liable for any consequential or special loss or damage resulting from the product being defective. The Customer or end user must pursue any damages claims with the manufacturer and CSSI will not be jointly or severally liable. 

5. REPAIRS 

CSSI may repair goods out of warranty. CSSI will endeavor the repair process where requested and possible. Please contact CSSI at +27 11 541 9900 for information regarding the procedures and charges.  The Customer hereby agrees that any item returned for a repair may be sold by CSSI 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. 

6. RETURNS POLICY 

6.1 CSSI reserves the right not to accept product(s) deemed unsuitable for return. Product(s) returned to the company will receive full credit subject to the following conditions:  6.2 The product(s) – excluding software licensing – are returned within 7 (seven) days from date of purchase; 6.3 A return material authorization (RMA) number has been granted by CSSI’s operations department; 6.4 The product(s) are returned at the Customer’s own cost without any damage, in new condition, in their original packaging, together with any and all accessories, cabling and manuals.  6.5 Should CSSI agree to accept product(s) deemed unsuitable for return or outside of the seven days, a handling  fee will be calculated and charged based on the condition of the products returned;  

7. LOAN POLICY 

Loan product(s) will be supplied entirely at the discretion and approval of CSSI Management. The maximum period is 7 (seven) days. On receipt of an evaluation and subsequent approval, the product(s) will be invoiced and delivered to the Customer. The Customer is responsible for returning all loan equipment on the due date, with the original packaging and in good condition. If goods on loan are not returned by the due date or in an acceptable condition, the invoice will automatically take effect and payment will become due. Loans will not be allowed to Customers without approved credit facilities or where accounts are due. 

8. DELIVERY AND STOCKING POLICY 

While every effort is made to meet delivery dates offered, CSSI cannot be held liable for any consequential and/or special loss or damage occasioned by variation to delivery dates for whatever cause. Although it is endeavored to ensure ex-stock delivery of commodity products, delivery will be subject to availability of stock on date of order. The Customer may not cancel any order by reason of reasonable delay.  8.1 Deliveries – Deliveries within South Africa of an invoice valued of R3500 excluding VAT are provided free of charge. All other deliveries, including to neighboring countries, will be charged for on a FOB Johannesburg basis.  8.2 Collections – Customers wishing to collect goods from CSSI will be notified by the Sales Representative when their order is ready. Goods invoiced to Customers for collection will be held for a maximum of 3 (three) working days. Thereafter the stock will automatically be returned for credit and resold.  Without derogating from the provisions of paragraph 6, unless the Customer advises in writing within 7 (seven) days of delivery of the goods of any defects in the goods, the goods will be deemed to have been delivered to the Customer in perfect condition and the Customer will not be entitled to return the goods or claim a reduction of the purchase price on the grounds that the goods were defective.

9. CANCELLATION 

9.1 Cancellation of an accepted order must be made timeously and in writing and will be accepted solely if CSSI’s suppliers will accept same. The Customer will be liable for any and all charges levied against CSSI by its  suppliers for cancellation.   9.2 In the event of a specific product(s)/special order being ordered on behalf of the Customer, no cancellation  will be accepted if the product(s) has already been shipped from the manufacturer, alternatively, if CSSI is not  able to cancel its order.  

10. TITLE AND RISK OF LOSS 

10.1 Risk of loss or damage to the products supplied in terms of this agreement shall pass from CSSI to the Customer upon dispatch of the products to the Customer in the case of CSSI affecting the delivery. In the case of the  Customer collecting the products at CSSI either directly or through a nominated third party, risk shall pass from  CSSI to the Customer at the time of collection.   10.2 Ownership of the product(s) supplied in terms of this agreement shall only pass from CSSI to the Customer  upon full payment by the Customer for such products.   10.3 Between the time that risk of loss or damage and ownership passes, the Customer will keep the products free  of any lien, hypothec or other security interest, onus being placed upon the Customer to expressly inform any  third party of CSSI’s ownership. Notwithstanding notice, should CSSI become aware of any threat to its rights,  CSSI is entitled to take possession of the goods without prejudice to any further rights vested in CSSI, and is  hereby irrevocably authorized to enter upon the Customer’s premises to take possession of such goods  without a Court order.  

11. TECHNICAL SUPPORT 

Technical Support on the products is available from CSSI. This is a billable service and requires an order number to be issued by the Customer to the Technical Service Group. 

12. CREDIT TERMS AND SURETYSHIP 

12.1 A credit facility may be applied for by completing and submitting an original credit application form to CSSI’s Account Department. Should the Customer be registered as a private company, close corporation, partnership  or sole proprietor; suretyship signed by all directors, members, partners or owners will be required. CSSI will  not accept any other terms of payment possibly stipulated by the Customer before or after transaction. Should  a credit facility not be granted, goods purchased will be strictly COD with payments to be settled via electronic  fund transfer or cash. Cheques are only acceptable by prior authorization from management. Post-dated  cheques are not acceptable.   12.2 If any amount is not paid within the agreed time, then interest will accrue as per paragraph 2.5 above. Interest  will be calculated upon the principal sum and paid monthly in advance, provided that if the interest is not paid  as aforesaid, the interest shall be added to the principle sum and interest shall be calculated upon the principal  sum plus interest – the whole amount forming the principal debt which shall bear interest as foresaid. The  granted Credit Limit may not be exceeded without prior written consent. CSSI reserves the right to change the  credit limit at any time without notice and any amount over the credit limit will be supplied on a strictly COD  basis.   12.3 In the event of CSSI instructing its attorney or collection agency to collect any overdue amount, all legal fees,  collection charges and tracing agent’s fees, as between attorney/collection agency and own client shall be  borne by the Customer and all payments made shall first be allocated towards such fees and charges,  thereafter to interest and finally to capital.   12.4 The Signatory/ies hereto renounce the benefits of excussion and division and hereby bind themselves jointly  and severally as surety and co-principal debtor/s in solidum with the Customer for all its obligations to CSSI,  including legal costs on attorney and own client scale.  

13. BREACH OF CONTRACT 

The Customer agrees and acknowledges that in the event of –  13.1 The Customer breaching any term or condition contained herein;  13.2 The Customer failing to pay any amount due and payable on due date;  13.3 The Customer suffering any civil judgment or order taken or entered against them;  13.4 The Customer causing the notion of surrender of its estate to be published in terms of the Insolvency Act No. 24 for 1938, as amended;   13.5 The Customer dying;   13.6 The Customer’s estate being placed under provisional or final sequestration, provisional or final winding up,  or provisional or final judicial management, as the case may be;   Then CSSI, without detracting from any other remedies which may be available to it, will be entitled to summarily  cancel the sale of any product(s) to the Customer without notice to the Customer, to rely on the provisions of clause  12, and to repossess those products sold and delivered by CSSI to the Customer, or to claim specific performance  of all the Customer’s obligations whether or not such obligations would otherwise have fallen due for performance,  in either event without prejudice to the right to claim damages.  

14. Legal Proceedings 

14.1 Domicilium: It is agreed by the sureties and the Customer that the address of the Customer’s principal place  of business shall be their domicilium citandi et executandi with respect to all court processes, notices,  documents or communication, of whatever nature.   14.2 These terms and conditions shall be governed and construed under and in accordance with the laws of the  Republic of South Africa.  14.3 Notwithstanding that the amount of its claim or the nature of the relief sought may exceed the jurisdiction of  the Magistrates Court, CSSI shall be entitled to choose to institute action out of the Magistrate’s Court, but  will not be bound to institute out of same. In the event of the Customer breaching any of its obligations and/or  failing to timeously make payment of any amount to CSSI, the Customer agrees to pay, and shall be liable to  pay, all legal costs incurred by CSSI in enforcing its rights in terms of this contract on the attorney and own  client scale including collection charges, tracing agent’s fees, air fares and export fees.  

15. GENERAL 

15.1 Non-liability: CSSI shall not be responsible for any loss or damage howsoever occasioned to the property or person of the Customer or third party as a result of any defect in the merchandise whether patent or latent,  and the Customer indemnifies CSSI against any claims made against it by any third party arising out of any  such defects. The Customer agrees that neither CSSI nor any of its employees will be liable for any  negligent/innocent misrepresentations made to the Customer, nor shall the Customer be entitled to resile  from these terms and conditions on those grounds.   15.2 Non-waiver: No relaxation or indulgence granted by CSSI shall be deemed to be a waiver of any rights of CSSI  and such relaxation or indulgence shall not be deemed a novation of any of these terms and conditions.  15.3 Non-variation/representation: The Terms and Conditions contained herein constitute the entire agreement  between the parties and no amendment, variation or consensual cancellation will be of any force or effect  unless reduced to writing and signed by both CSSI and the Customer.  

16. REVISIONS 

Wheresoever these terms are updated/revised, the updated/revised Terms and Conditions will become binding upon the Customer within seven days of delivery thereof to them (by e-mail), should no objection to any update/revision be received by CSSI within those seven days.