Terms & Conditions
Terms of Sale
1. General – All contracts and orders as well as all tenders and quotations and all orders and/or contracts resulting therefrom are subject to the following conditions except where otherwise agreed to in writing by the Network Guru Information Technology Services CC (herewith know as Network Guru ITS).
2. Condition of Sale – Notwithstanding any contrary conditions made at any time by any clients these conditions of sale shall apply to all sales of goods and services by the Network Guru ITS cc.
3. Client to be Satisfied – Subject to the terms hereof the client shall be deemed to be satisfied as to and has accepted all the conditions, representations, warranties and circumstances affecting each order, sale and contract.
4.1 Network Guru ITS cc listed prices are subject to alteration at any time without prior notice.
4.2 The prices quoted in estimates, specifications, acceptance of order or contracts are based on the quantities specified therein and Network Guru ITS cc reserves the right to revise prices in the event of the quantities being reduced or increased.
4.3 All prices quoted by Network Guru ITS cc are subject to exchange rates, duties, surcharge, freight and transport costs, and clearing agents charges ruling at the time. Any subsequent changes will be for the client’s account, unless quoted as “fixed”.
4.4 Network Guru ITS cc takes great care in basing prices on the correct distributor tariff’s and prices. Should the distributors however charge a different price / tariff to that used by the Network Guru ITS cc, the difference will be for the client’s account, unless quoted as “fixed”.
4.5 Should suppliers increase their prices, Network Guru ITS cc shall be entitled to pass on these increases to the client, unless quoted as “fixed”.
5.1 In tenders and quotations all prices quoted exclude Value Added Tax unless otherwise stated. Network Guru ITS cc tender or quotation, unless otherwise agreed in writing, is open for acceptance within seven days from date hereof.
5.2 Payment terms are Cash on Delivery (COD) unless otherwise agreed to in writing by the Network Guru ITS cc.
5.3 If payment is not received by Network Guru ITS CC on the specified date, the full invoiced amount is due immediately.
5.4 Payment will only be recognized once the money has been deposited into and cleared Network Guru ITS CC bank account.
5.5 All cheque payments to Network Guru ITS cc are done at the Client’s sole risk.
5.6 If delivery of the goods and services is to be made by installments or otherwise, then Network Guru ITS cc shall be entitled to withhold delivery of any undelivered installments until all money due in respect of any delivered installments, has been paid in full.
5.7 Network Guru ITS cc retains the right to suspend any and all services to clients in the event of none payment in any way or form.
5.8 In the even of none payment Network Guru ITS cc charges an administration fees of up to 10% of the value of the outstanding payment / balance per month until fully paid.
5.9 In the event of debit order payment made by clients to Network Guru ITS cc via Network Guru ITS cc debit order system and the debit order is returned as unpaid, Network Guru ITS cc will charge a administration fees of R 50 per unpaid debit order instruction.
6.1 All delivery or transport costs by rail, road or air are for the client’s account.
7.1 Delivery times are estimated and confirmed as accurately as possible by our suppliers, and Network Guru ITS cc will use its best endeavors to adhere to such estimated times. The period specified for delivery on the Network Guru ITS cc quotation:
7.1.1 is exclusive of any period occupied in making, altering or adapting tools or in any experimental work connected with the same; and
7.1.2 shall commence from final settlement of details and specifications, and not from the date of order, tender or contract.
7.1.3 however, such estimates are based on the lead time we are given by our suppliers. Should any delays from the supplier for whatever reason, or for any other reason beyond the Company’s control take place, the Company shall not be liable for any costs incurred by the customer through such a delay.
7.2 Goods delivered by the Company shall be received, off-loaded, stored and protected by the client and thereafter shall be at the client’s risk.
8.1 No warranties or representations, express or implied or tacit whether by law, contract or otherwise and whether they induce the contract or not, which are not set forth herein shall be binding on the Network Guru ITS cc and the goods and services are purchased on the basis that they are taken “voetstoets” with the exclusion of all common law and other remedies, including aedilitian remedies.
8.2 Network Guru ITS cc will in no way or cannot provides any warranty on the service(s) it provides and it is the sole responsibility of the client to ensure that services were provided as needed.
8.3 With regards to any Web or Internet related service, Network Guru ITS cc endeavors, to the best of its ability, have services available to their clients. Under no circumstance will Fosick Network Guru ITS cc claim to or have these, or any other services, available at all time.
- End User – The suitability of the goods for the use contemplated by the client is the sole responsibility of the client, and Network Guru ITS cc shall in no way be responsible for the suitability of the goods sold for any particular end use.
- Variation – No variation of these conditions shall be binding on Network Guru ITS cc unless such variation is agreed to in writing by Network Guru ITS cc.
- Damage, Storage or Loss in Transit – Network Guru ITS cc does not accept responsibility for any damage, shortage or loss, unless either :
11.1 Damage or shortage is notified in writing both to the Network Guru ITS cc and to the carriers within 7 days of receipt of goods and the relevant waybills / consignment notes have been endorsed accordingly by the consignee.
11.2 Non-delivery (in the case of total loss) is notified both to Network Guru ITS cc and to the carriers within 10 days of the date of dispatch mentioned by the Network Guru ITS cc advice note or invoice.
12.1 Network Guru ITS cc will use its best endeavors to ensure that goods and services are supplied in working order to their specifications.
12.2 Network Guru ITS cc shall not be liable for any express or implied warranties or representations, defects or delays and Network Guru ITS cc shall have no liability whatsoever in respect of any defect in the goods and services whether of design workmanship or material or otherwise, and in particular Network Guru ITS cc shall not be liable for any loss or damage whether arising directly or indirectly from any defect in the goods or services sold nor shall Network Guru ITS cc be liable in any way whatsoever for loss of profits and/or consequential damages.
- Return of Goods for Credit
13.1 Goods may only be returned for credit if authorized by Network Guru ITS cc.
13.2 Should Network Guru ITS cc consider accepting back goods for credit, while not obliged to do so, Network Guru ITS cc must be notified by the client within 10 days of invoice date.
13.3 Network Guru ITS cc shall be entitled at its discretion to charge a 10% handling charge on goods returned for credit.
- Responsibility – It shall be the client’s sole responsibility to make himself familiar with regulations which concern the use of the goods and services ordered, and Network Guru ITS cc cannot be held responsible for any penalties or restrictions resulting from contravention of any Government or other regulation. All goods offered ex stock are offered subject to them being unsold on receipt of order.
15.1 The Account Holder is responsible for maintaining the confidentiality of his/her password. In the event of a breach of security through the Account Holder’s account, the Account Holder will be liable for any unauthorized use of Network Guru ITS CC services, including any damages resulting there from, until the Account Holder notifies Network Guru ITS CC customer service.
15.2 The responsibility of all passwords and other related sensitive information is assumed by the Account Holder, should any additional fee’s arise from resource consumption due to poor credentials (such as, but not limited to blank passwords or “test” accounts) no fault shall be levied on Network Guru ITS CC.
- No Cession or Assignment – No part of a tender or quotation or any order, sale or contract arising therefrom may be ceded or assigned by the client without the prior consent in writing of Network Guru ITS cc.
- Tolerances – All goods and services will be made within manufacturing limits and tolerances which are reasonable in the trade but if special accuracy is required, the client must state maximum and minimum limits.
- Force Majeure – Delays in or failure of performance by Network Guru ITS cc shall not constitute default herein or give rise to claims for damages if and to the extent that such delay or failure is caused by force majeure which is defined herein as occurrences beyond the reasonable, practical, economic or business control of Network Guru ITS cc, and which, by the exercise of reasonable diligence Network Guru ITS cc would not normally have been able to prevent, including therein, but not by way of limitation, decrees of government, Act of God, strikes or other concerted act of workmen, fires, floods, explosions, riots, civil commotions, war, rebellion, sabotage, disruption of manufacture or commerce for political or other reasons.
- Termination – Network Guru ITS cc shall be entitled to cancel any order, sale, service and/or contract without prejudice to its right to claim damages for any loss or expense suffered by it whether caused directly or indirectly if the client after having been given 10 days written notice to make good any default :-
19.1 fails to adhere to any of these conditions; or
19.2 fails to make payment on due date of any money due by it.
Not withstanding and/or including the above, Network Guru ITS cc may terminated any and all services at any time, as it sees fit.
- Cancelation of Products / Services – Network Guru ITS cc requires a 30 calendar month notice from client(s) in writing to cancel Products / Services purchased from Network Guru ITS cc.
- Arbitration – Should any dispute or difference arise in connection with a tender or quotation or any order, sale or contract arising therefrom or other interpretation then such dispute or difference shall be determined by arbitration and the Arbitration Act of 1965 shall apply.
- Indemnity – USERS AGREE TO INDEMNIFY AND HOLD HARMLESS NETWORK GURU ITS CC, ITS OFFICERS, EMPLOYEES, SERVANTS, SUBCONTRACTORS, PARTNERS, SUBSIDIARIES AND AFFILIATES FROM ANY DEMAND, ACTION OR APPLICATION OR OTHER PROCEEDINGS, INCLUDING FOR ATTORNEYS FEES AND RELATED COSTS SUCH AS TRACING FEES, MADE BY ANY THIRD PARTY AND ARISING OUT OF OR IN CONNECTION WITH THE USER’S USE OF THIS WEBSITE, THIRD PARTY WEBSITES OR ANY OF THE SERVICES OFFERED THROUGH SUCH SITES IN ANY WAY, INCLUDING BUT NOT LIMITED TO THE PROVISION OF CONTENT
22.1 Subject to Chapter 7 of the ECT Act, Network Guru ITS cc, its officers, employees, suppliers, resellers, partners, affiliates and agents, shall not be liable for any damage, loss or liability, howsoever arising, incurred by users or any other persons and resulting from the use or inability to use this website.
22.2 Subject to Chapter 7 of the ECT Act and to the fullest extent possible under the applicable law, Network Guru ITS cc disclaims all responsibility or liability for any damages, including but not limited to direct, economic, consequential loss or loss of profits, resulting from the use of this site in any manner.
22.3 While Network Guru ITS cc takes all reasonable security precautions and subject to the provisions of the ECT Act as set out, no liability will lie for damage caused by the malicious use of this site or by destructive data or code that is passed on to the user through the use of this site.
- Magistrate’s Court Jurisdiction – The client and Network Guru ITS cc agree that Network Guru ITS cc shall be entitled, at its option, to institute any legal proceedings in connection with a tender or any sale / contract arising out of it in the Magistrate’s Court of the Republic of South Africa and the client hereby agrees and consents to such jurisdiction.
Management reserves the right to change any and all of the above without notice.