Terms and Conditions

Customer refers to applicant of account or any client and supplier/company is to or Elecmec Group (Elecmec Transmissions cc, Elecmec Engineering cc, The Nut Machine Company Pty Ltd)

Warrantees:

  1. The warranty to repairable items, replacement stock, any defective or damage goods is three to six months (3 – 6 months), subjected to manufactures specific warranty or agreed specifications.  This does not apply to normal wear and tear.
  2. None returnable goods;
  3. a) Replacement of lamps or globes.
  4. b) Cut cable, belts, conveyor belts.
  5. All electrical components must be installed by a qualified electrician.
  6. The risk of damage due to destruction or theft of the goods shall be passed onto the Customer with delivery of any order placed in terms of this agreement.
  7. Lead times and repair cost given are estimates and are not binding on the Supplier.
  8. New goods are guaranteed according to the Manufacture’s specific warranty, or agreed specification only.
  9. No claim or refund or remedy should, the goods be damaged due to misuse, abuse or gross negligence on customer part.
  10. All guarantees are null and void should any goods be tampered with or should the goods be opened, fitted and or operated or stored outside the manufacturer’s specifications.

 What cannot be return for credit or refund:

  1. No credit or refund shall arise unless the customer has not advised Elecmec Group within 7 days of delivery or acceptance.
  2. No claim or refund or remedy, should the goods be damaged due to misuse, abuse or gross negligence on my part, and accept full responsibility thereof.
  3. No Buys-out, specially manufactured panels, cable, cut conveyors and or lamps will be accepted back for credit or refund.
  4. No return on any specially manufactured equipment, engineering work and machines when the processing there of, has been started.
  5. Products without any original packaging.

Procedure to follow to return goods:

  1. Please phone the sales person with whom you placed the order or purchases goods and discuss the reason for return. Sales person will discuss and confirm return with manager.
  2. Should the Sales Manager agree to accept the goods back for credit, you will be issued with a Return Number (no goods will be accepted back for credit without a return number).
  3. If the goods were correctly supplied and invoiced or ordered and order is only cancelled after Elecmec Group received goods (stock), a test, handling, re-stocking fee, normally between 15% – 25% as depicted by the supplier, will be charged to return the goods (stock).
  4. An additional cost will be charged for transport, re-stocking or a packing fee back to the supplier, and is subject to the weight of the product to be returned.
  5. All returns must be in original packaging without any damages.

Goods will only be accepted back for credit on the following conditions;

  1. Goods are still in the original packaging and not teared when opened;
  2. Goods are in a saleable condition;
  3. Original invoice to be supplied;
  4. When customer have a 30-day account at Elecmec Group, payment must not be withheld, for goods returned.
  5. Customer who has accepted Elecmec Group quotation and made payment per card, cash or electronic funds refund will only receive refund after Elecmec Group have received credit from supplier or re-store in Elecmec store.
  6. Only when goods are back in our stores, complete with the original invoice and a return number the refund process will start.
  7. Refund or credit note process normally takes 3 – 30 days.
  8. When Elecmec Group have received credit from our supplier we will be able to pass credit on customer account or cash or eft refund to your account after Elecmec Group have received all necessary documentation.
  9. Please do not withhold payment for goods you wish to return.  Upon receipt of credit from suppliers the credit will be passed on to your account or cash account. Subjected to suppliers return policies.
  10. No exceptions will be made, and goods arriving in our stores without return for credit number, will be shipped back to the customer on their expenses.

Procedure to cancel any order or quotation:

  1. When the customer who has accepted Elecmec Group quotation and/or made payment per card, cash or electronic funds, refund will only be done after Elecmec Group have received credit from supplier or re-store in Elecmec store.
  2. All cancellation of orders or acceptance of quotations must be done in writing per email to sales person or manager of Elecmec Group email address or per what’s up to one of Elecmec Group cell phone numbers only.

PROTECTION OF PERSONAL INFORMATION ACT (POPIA)

  1. The POPI Act sets out the minimum standards regarding accessing and ‘processing’ of any personal information belonging to another. The Act defines ‘processing’ as collecting, receiving, recording, organizing, retrieving, or the use, distribution or sharing of any such information.
  2. This Communication serves to inform you of the personal information we process whilst you are a customer of our organization. In processing this information, Elecmec Group is acting as a responsible party.
  3. We use this information for the purpose for which it is originally obtained, namely the provision of goods and services by the company.

Indemnity

  1. The Customer hereby identifies the Elecmec Group against all and any claims of whatsoever nature that may be made by any person against the Elecmec Group, its employees, or its directors, for any loss or damage (including special, indirect and consequential damages) of any arising out of the Products, or arising in respect of the Products.
  2. The aforesaid indemnity includes any legal costs which may be incurred by the Company in defending and/or opposing any such claim, calculated on the scale as between attorney and own client. Elecmec Group shall not be liable to the Customer for any loss or damage (including special or consequential damages) of any nature arising out of the use of the Products, the delivery or supply or failure to deliver or supply the Products, or arising in respect of the Products whilst same are at the risk of the Customer.

Breach

Should the Customer:

  1. Commit any breach of these terms and conditions.
  2. Pass any resolution for its winding up;
  3. Compromise with its creditors or any class of them, or attempt to do so; Be placed under any order of sequestration or liquidation or judicial management (whether provisional or final); or cease to carry on business,
  1. Then the company shall be entitled, at its option, upon written notice to the customer and without prejudice to any other right which may have, including the right to claim damages arising out of the breach, to suspend performance of its obligations until such breach is remedied band declare all amounts owing by the Customer to be immediate due an payable, and/or to apply for an order for specific performance or to cancel its agreement with Customer forthwith, and/or to terminate any credit granted to the customer, and/or repossess the Products and/or claim any loss of or damage to such Products.

General

  1. For the purpose of this agreement of Terms and Conditions, including the giving of notices in terms hereof and the serving of legal process, the parties choose domicilium citandi et executandi (‘domicilium”) as set out in the introduction above.
  2. These terms and conditions read together with any agreement signed by the parties constitute the whole of the agreement between the parties relating to the matters dealt with herein. No undertaking, representation, term, condition or any variation or addition relating to the subject matter hereof not incorporated herein or reduced to writing and signed by the parties shall be binding.
  3. Failure or delay on the part of the Company in exercising any right, power or privilege hereunder will not constitute or be deemed to be a waiver or novation thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege.
  4. The Company shall be entitled to claim any costs incurred by it enforcing or defending its right in terms of these terms and conditions on the attorney and own client scale, including costs of counsel on brief, tracing agent’s fees, collection commission and all other related charges. The Customer’s liability for costs herein shall apply whether or not legal process has been issued and/or served.
  5. In terms of Section 45 of the Magistrates Court Act of 1944, as amended, the Customer hereby consents to the jurisdiction of the Magistrates court having jurisdiction in terms of Section 28 of the said Act in respect of any action to be instituted against the customer by the Company in terms of these terms and conditions. It shall nevertheless be entirely within the discretion of Company as to these terms and conditions. It shall nevertheless be entirely within the discretion of the Company as to whether to proceed against the Customer in such Magistrates Court or any other court having jurisdiction.
  6. A certificate issued under the signature of any director or manager of the Company, whose authority, appointment and signature it shall not be necessary to prove, that certifies any indebtedness by the Customer to the Company of the Products to the Customer, that the Company is the owner of the Products or any other fact shall constitute prima facie proof of such indebtedness, delivery, ownership, or any other fact shall as the case may be.
  7. The Company shall be entitled to repossess any Products by means of a Court Order or with the consent of Customer and in such circumstances, it shall not be liable for any claims for any damages whatsoever relating to the removal of such Products.
  8. The Customer undertakes to inform the Company in writing with seven (7) days of any change of director, member, shareholder, owner or partner (as the case may be) and of any change of its address at least fourteen (14) days prior to same occurring.
  9. In the event that any term or provision of these terms and conditions is held to be invalid, void, illegal or unenforceable in any respect, that shall be interpreted and construed as if such term or provision had never been contained herein.

For any more information or clarity on terms and conditions please contact the Sales manager or Group manager at 015 – 297 1617.

Thank you for your support.