Hi OMEGA TERMS AND CONDITIONS OF SALE/LEASE
It is recorded that Hi OMEGA (Proprietary) Limited hereafter referred to as Hi OMEGA and the customer enter into this agreement, the terms and conditions of which will govern the relationship between the parties. Each transaction shall be subject to these general terms and conditions of sale including the specific terms and conditions contained in the Quotation Invoice.
No conditions incorporated in any Order or other documentation, which conflicts with these terms and conditions and the Quotation Invoice shall be of any force or effect.
3. PRICE AND INVOICING
All goods shall be supplied to the customer at the price/s and in terms of the currency agreed to by the date stipulated in the Quotation Invoice.
Payment should be made to Hi OMEGA as per the conditions agreed to and stipulated in the Quotation Invoice.
It is recorded that time is of extreme importance and as such in the event of the goods being delayed in excess of 30 days and due to the negligence on the part of Hi OMEGA the customer may at its election cancel the order in writing.
6. RISK AND OWNERSHIP
6.1. Hi OMEGA will be solely responsible for all or any loss of or damage to the Goods arising from any cause whatsoever until the customer, or its authorized contractor, or agent, acting on their behalf, has effectively taken delivery thereof as set out in the Quotation Invoice.
6.2. Ownership of the Goods will pass to the customer when paid for in full as per Quotation Invoice. Until ownership of the goods has passed to the customer, the customer shall not be entitled to offer the goods for use to the public without Hi OMEGA’s prior approval.
6.3. The Right of Use of the Goods will pass to the customer upon delivery and will remain in place for the duration of the lease while lease instalments remain in good order.
Hi OMEGA hereby warrants and undertakes to the customer that:
7.1. Hi OMEGA will provide a warranty for the goods which is in accordance and in line with the Manufacturer’s original warranty. Hi OMEGA warrants that they will comply with all the applicable legislation relevant to consumer protection.
7.2. The equipment may not be modified or altered in any way and may only be used with the chemicals approved and sold for use by Hi OMEGA.
7.3. The products sold/leased by Hi OMEGA has obtained NRCS and any other approval deemed necessary in terms of legislation in the relevant jurisdiction.
8. FORCE MAJEURE
Hi OMEGA shall be released from its obligations hereunder to the extent that the performance of those obligations is delayed, hindered or prevented by any circumstances beyond Hi OMEGA’s control.
9. STOCK ON HAND
Hi OMEGA will have available operator’s manuals and spare part catalogues relevant to the equipment they supply and have stock of the regularly replaced essential spare parts for such equipment available in South Africa within a reasonable period after receiving a written Order or a written request for spares to be replaced under warranty.
Notwithstanding the time periods in Clause 5 which apply in respect of delivery, in the event of either of the parties committing a breach of any of the other terms of the agreement and failing to remedy such breach within a period of fourteen (14) days (unless the parties agree that such breach cannot be remedied within 14 days and agreed to extend the period) after receipt of a written notice from the other party calling upon the defaulting party to remedy the breach complained of then the aggrieved party shall be entitled, at its sole discretion and without prejudice to any of its other rights in law, either to claim specific performance of the terms of the Agreement or to cancel the Agreement forthwith and without further notice and claim and recover damages from the defaulting party. Hi OMEGA reserve the right to disable any Gaming Device and/or retrieve any Goods should the Customer be in breach of clauses 2 or 8.
11. APPLICABLE LAW
This agreement and its interpretation shall be governed by South African Law.
In the event of a successful action being instituted by the aggrieved the party against the defaulting party in terms of this Agreement, the defaulting party undertakes to pay the aggrieved party’s costs on a scale as between attorney and client, including reasonable collection and tracing costs.
13. LIMITATION OF LIABILITY
Neither party shall be liable for any indirect or consequential damages incurred by either party flowing from this agreement.
No indulgence, extension of time, relaxation or latitude which either party (“the grantor”) may show grant or allow to the other party (“the grantee”) shall constitute a waiver by the grantor or any of its rights and the grantor shall not thereby be prejudice or estopped from exercising any of its rights against the grantee which may have arisen in the past or which may arise in the future.