Terms and Conditions
In these terms and conditions, the “goods” means the goods as indicated on any company forms, price lists, quotations, orders or invoices.
1. PRICES AND QUOTATIONS
1.1 The price of the goods sold or services rendered shall be the usual price as set out in the SONKAY price list at the time of the sale of the goods.
1.2 SONKAY has the right to change the prices of the goods from time to time without prior notice to the APPLICANT (hereafter referred to as the “CLIENT”).
1.3 All quotes remain valid for 3 (three) days from the date of the quote, or until the date of issue of a new price, whichever occurs first. The validity of any price quoted is subject to availability.
1.4 Any quote may be changed at any time in the event of any increase in the cost price of the goods, including currency fluctuations. Price increases will only be affected if the goods have not yet been dispatched to the CLIENT.
1.5 All pricing is Exclusive of VAT and subject to availability of stock. SONKAY will not be bound by manifest errors, and typographical or clerical mistakes in its documents.
2.1 Payment for goods sold and services rendered is strictly Cash on Delivery unless otherwise agreed and in the event of a dispute regarding the amount payable, SONKAY’s prices in terms of its standard price list prevailing at the same time of delivery, shall apply thereto and be binding.
2.2 The CLIENT shall have no right to withhold payment or apply any deduction or set-off against any payment due to SONKAY for any reason whatsoever.
2.3 SONKAY shall have the right to suspend deliveries if any amount due by the CLIENT is unpaid.
2.4 No credit given, allowance made or indulgence shown by SONKAY in favour of the CLIENT will give rise to any right or entitlement to any further credit, allowance or indulgence, and no waiver of SONKAY’s rights may be implied from any such credit, allowance or indulgence.
2.5 Where credit is approved, payment will be due, 7, 15 or 30 days (as per approved in the Credit Application) of date of Invoice.
2.6 The CLIENT hereby acknowledges that should an amount not be paid on due date, or any cheque tendered as payment is dishonoured, the entire balance then outstanding shall immediately become due and payable without any further notice. The CLIENT shall further pay interest on all overdue amounts at a rate equal to that prescribed in terms of the Prescribed Rate of Interest Act, compounded monthly in arrears, from due date until date of payment. In addition, SONKAY shall be entitled to report the CLIENT’s default to the Computer Industry Protection Association (CIPA) for circulation amongst its members, whereby the CLIENT will receive notification of such action.
2.7 The CLIENT is responsible for any bank charges incurred by SONKAY when cash payments, forex payments, cheque or dishonoured cheque payments are paid into the SONKAY bank account.
2.8 SONKAY reserves the right to suspend service and repairs of goods including warranty services to the CLIENT if any amount due by the CLIENT is unpaid or overdue.
2.9 SONKAY will accept cash payments up to the value of R5000 inclusive of VAT.
2.10 Payment strictly to reflect in the SONKAY bank account for all orders exceeding R5000 inclusive of VAT, before any stock will be released.
2.11 Proof of payment submitted via sms/text message, copied into emails, screenshots or sent as an attachment will not be accepted as valid proof of payment.
2.12 Cash Payments and Cheque Payments will be subject to a 1.5% additional charge on the value of the order (exclusive of VAT) covered by the CLIENT for any deposits at the bank to cover bank charges.
2.13 Strictly no refunds will be possible for any returned stock. Credit will remain on the CLIENT’s account for a period of 12 months (365 days) from date of refund.
2.14 Ownership of all goods shall remain vested in SONKAY until SONKAY has received payment in full for the goods purchased.
2.15 Should SONKAY incur costs in the collection of any amount due to it by the CLIENT, the CLIENT shall pay such costs on the attorney-and-client scale.
3.1 The CLIENT hereby confirms that the goods and services on the tax invoice issued duly represent the goods and services ordered by the CLIENT at the prices agreed to by the CLIENT and where performance/delivery has already taken place that the services and goods were inspected and that the CLIENT is satisfied that these conform in all respects to the quality and quantity ordered and are free from any defects.
3.2 SONKAY will accept all written and verbal orders. All such orders and any variations to orders will be binding, subject to these standard terms and conditions and may not be varied or cancelled without prior written consent from SONKAY. SONKAY will not be responsible for any errors or misunderstandings occasioned by the CLIENT’s failure to make the order in writing. SONKAY may require the CLIENT to confirm verbal orders in writing before acceptance of such orders by SONKAY.
3.3 Orders shall constitute irrevocable offers to purchase the goods in question at the usual prices of SONKAY as at the date when the CLIENT places the order of the goods, subject to clause 1.4 above, and shall be capable of acceptance by SONKAY by the delivery of the goods, written acceptance or confirmation of the order.
4.1 Goods may be guaranteed under the manufacturer’s product specific warranties only, and all other guarantees and warranties including common law guarantees and warranties in relation to goods and services are hereby specifically excluded by SONKAY.
4.2 All warranties are immediately null and void should any equipment be tampered with or should the seals on the equipment be broken by anyone other than SONKAY or its appointed nominee, or should the goods be operated outside the manufacturer’s specifications.
4.3 Lightning and/or surge damage is not covered under the warranty unless otherwise agreed in writing from SONKAY. This includes lightning and/or surge damage to the surge protected power supplies.
4.4 Physical and/or liquid damage is not covered under the warranty and all warranties are immediately null and void should any physical and/or liquid damage be detected.
4.5 To be valid, warranty claims must be supported by the original tax invoice and the goods must be in their original packaging and must be accompanied by all accessories and manuals must be intact. All items must be returned in “as new” condition.
4.6 SONKAY specifically disclaims the implied warranty of merchantability and fitness for a particular purpose. No representation or warranty, including but not limited to statements of capacity, suitability for use or performance made by employees of SONKAY shall be considered to be a warranty by SONKAY. Any such statements made shall not give rise to any liability or whatsoever nature on the part of SONKAY, its employees, subcontractors or subsidiaries. SONKAY will not be liable to the CLIENT for any loss, damage or expense of any nature, whether direct, special, indirect or consequential, including but not limited to loss or profits arising out of SONKAY’s performance or customers’ use of the goods or services rendered.
4.7 The onus remains on the CLIENT to return goods under/out of warranty to SONKAY for inspection/repair/replacement. Upon notification of the inspection/repair/replacement of the unit by SONKAY the CLIENT is required to collect the unit from SONKAY at their own cost.
4.8 No warranties whether express or implied shall apply, other than those provided in this contract.
4.9 The CLIENT indemnifies and holds SONKAY (including its employees, subcontractors or subsidiaries) harmless against all claims of whatsoever nature that may be brought or threatened against SONKAY by any third party arising from or in connection with any defect, latent or otherwise in any goods supplied and/or services rendered by SONKAY.
5.1 Since some repairs are done by the original manufacturer abroad, the CLIENT hereby acknowledges and accepts that repairs may take up to 12 weeks.
5.2 SONKAY’s liability in terms of a manufacturer’s warranty is restricted to, in SONKAY or the manufacturer’s discretion, the cost of repair or replacement of faulty goods or services or the granting of credit.
5.3 The CLIENT will be informed as soon as repairs have been completed.
5.4 The CLIENT hereby agrees that any item returned for a repair may be sold by SONKAY to defray the cost of such repair if the item remains uncollected for a period of 30 (thirty) days after the CLIENT has been informed that such repairs have been completed.
5.5 The onus falls on the CLIENT to return any faulty or warranty items and to collect the repaired/replaced units at their own cost.
6. RETURNED GOODS
6.1 Whilst SONKAY is under no obligation to accept the return of goods, the CLIENT may apply to SONKAY for permission to return goods within 7 working days from purchase – such goods must be returned to the offices of SONKAY at the CLIENT’s own cost. Strictly no cash refunds are possible.
6.2 The CLIENT may return any defective goods to the premises of SONKAY or its nominee at the CLIENT’s own cost. SONKAY undertakes to replace such goods with items of the same or similar specification, or repair to working order if the item is still under warranty. Replacement units can be in the form of new or refurbished units at SONKAY’s discretion. No refunds will be considered in respect of return of defective goods.
6.3 SONKAY reserves the right to offset the value of any goods accepted for return against any amounts due by the CLIENT.
6.4 In the event of a cancellation of an order by the CLIENT or goods accepted for return by SONKAY, SONKAY reserves the right to charge a handling fee of up to 50% (fifty percent) on the value of the order cancelled or goods returned.
7.1 Delivery charges will be charged at specified rates.
7.2 Any delivery note (copy or original) signed by the CLIENT and/or its authorised representative and/or its nominated agent and held by SONKAY shall be prima facie proof that delivery was made to the CLIENT.
7.3 SONKAY shall be entitled to split the delivery of the goods ordered in the quantities and on the dates, it decides, with the prior consent of the CLIENT, which consent shall not be unreasonably withheld.
7.4 In the event of the CLIENT choosing to engage its own third party to transport the goods, the CLIENT indemnifies SONKAY against any claims of any nature whatsoever that may arise from such an agreement, or the performance thereof.
7.5 SONKAY is entitled to engage a third party on its behalf to transport all goods purchased by the CLIENT to the delivery address stipulated by the CLIENT, and the costs of such delivery and transport shall be for the CLIENT’S account.
7.6 If the CLIENT wishes to receive delivery of the goods by a more expensive method of transportation than that normally used by SONKAY, the CLIENT shall make such request in writing and, in the event that SONKAY agrees to arrange such special delivery the additional charges shall be debited to the CLIENT’s account and shall be payable by the CLIENT.
7.7 SONKAY does not guarantee that the goods will be dispatched or delivered on any particular date and time, and the CLIENT shall have no claim against SONKAY in respect of any loss occasioned by any reasonable delay in dispatch or delivery of any goods ordered and/or services rendered, nor may the CLIENT cancel any order by reason of such reasonable delay. A delay which is not due to any fault on the part of SONKAY shall be deemed to be a reasonable delay.
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PRIVATE AND CONFIDENTIAL INITIAL HERE
7.8 Incomplete or partial deliveries or goods damaged in transport must be reported to SONKAY’s head office within 24 (twenty-four) business hours of receipt.
7.9 All goods taken on an evaluation, approval or demonstration basis or all goods taken on consignment by the CLIENT are deemed sold to the CLIENT within 10 (ten) working days of issue if not returned to SONKAY in a perfect condition in the original packaging and with all accessories and manuals intact.
7.10 SONKAY reserves the right to charge delivery fees, as and when necessary.
8.1 The CLIENT agrees to the jurisdiction of the Magistrate’s Court in terms of section 45 of Magistrates’ Court Act 32 of 1944 for the recovery of any amount due to SONKAY. Notwithstanding the aforesaid SONKAY shall be entitled to institute action in any other court of competent jurisdiction.
8.2 Notwithstanding any indulgence, concession or extension granted to the CLIENT by SONKAY from time to time, all amounts due to SONKAY shall become due and payable immediately and shall attract interest at a rate equal to that prescribed in terms of the Prescribed Rate of Interest Act compounded monthly in arrears, in the event that the client fails to pay any amount owed to SONKAY when due, breaches this or any other agreement between the CLIENT and SONKAY, or commits any act of insolvency, or if the CLIENT becomes subject to business rescue proceedings, or if the CLIENT suffers any judgment against it which remains unsatisfied for 14 days after such judgment becomes final.
8.3 SONKAY shall be entitled to cede or pledge his interests herein or to trade therewith at his own discretion without the consent of the CLIENT. It may also consent to any alteration, release, relaxation or postponement of the terms hereof and such action shall not be binding on the SONKAY in any way whatsoever unless it has indicated in writing that such action shall be binding.
8.4 SONKAY may allocate any payment to capital, interest, costs or any other item as he deems fit despite any allocation made or deemed to be made by the CLIENT.
8.5 Any certificate issued under the signature of a director of SONKAY (whose appointment and authority need not be proven), that purports to certify the amount due by the CLIENT to SONKAY, shall be accepted as prima facie proof of such indebtedness and shall have sufficient probative value to enable SONKAY to obtain summary judgment or provisional sentence against the CLIENT in any competent court for the amount stated in such certificate, and the CLIENT accepts the onus of disproving the amount so stated as not being the amount owing.
8.6 Under no circumstances shall any supply of goods or services to the CLIENT mean or imply that any intellectual property rights are transferred by SONKAY to the CLIENT. No copyright or other intellectual property right shall accrue to the CLIENT by virtue of work done for or services rendered to the CLIENT by SONKAY, and all such rights arising from the said work or services shall accrue exclusively to SONKAY unless otherwise agreed in writing and signed by both parties.
8.7 The CLIENT shall not under any circumstances, whether directly or indirectly, itself or with or through any other person, persuade, solicit or entice any employee, supplier or other client of SONKAY to terminate their relationship with SONKAY, or otherwise significantly prejudice such relationship. The CLIENT hereby acknowledges that the aforesaid restraint is reasonably necessary to protect the goodwill and legitimate interests of SONKAY, and will endure for a period of 24 months from the date on which SONKAY last supplied any goods or services to the CLIENT.
8.8 SONKAY reserves the right in its sole discretion to vary or amend these terms and conditions from time to time and any such amended or varied terms and conditions shall be binding on the CLIENT from the time that the amended or varied terms are published by SONKAY.
8.9 This contract represents the entire agreement between SONKAY and the CLIENT and shall govern all future contractual relationships between SONKAY and the CLIENT.
8.10 No amendment and/or alteration and/or variation and/or deletion and/or addition and/or cancellation of these terms and conditions, whether consensual or unilateral or bilateral shall be of any force and effect unless reduced to writing and signed by a director of SONKAY. No agreement, whether consensual or unilateral or bilateral, purporting or obligate SONKAY to sign a written agreement to amend, alter, vary, delete, add or cancel these terms and conditions shall be of any force and effect unless reduced to writing and signed by a director of SONKAY.
8.11 No relaxation or indulgence with SONKAY may grant the CLIENT shall prejudice or be deemed to be a waiver of any SONKAY rights in terms of these terms and conditions.
8.12 The CLIENT shall not cede its rights nor assign its obligations under these terms and conditions.
8.13 The CLIENT undertakes to notify SONKAY within 7 (seven) days of any change of address or change in member, director, shareholder, address or the information as set out in the Dealer Application.
8.14 The headings in this document are included for convenience and are not to be taken into account for the purpose of interpreting this contract.
8.15 Each of the terms herein shall be a separate and divisible terms and if any such term becomes unenforceable for any reason whatsoever, then that term shall be severable and shall not affect the validity of the other terms.
8.16 The CLIENT undertakes to inform SONKAY in writing at least 14 (fourteen) days prior to the intended selling or alienating of the whole of or any part of the CLIENT business and failure to do so will constitute a material breach of this contract entitling SONKAY to cancel the contract without further notice to the CLIENT.
8.17 The CLIENT understands that the personal information given in the Credit Application form may be used by SONKAY for the purposes of assessing credit worthiness.
8.18 The CLIENT hereby consents to and authorises SONKAY at all times to furnish credit information concerning the CLIENT’s dealing with SONKAY to a credit bureau and to any third party seeking a trade reference regarding the CLIENT in his dealings with SONKAY.
8.19 SONKAY has the CLIENT’s consent at all times to contact and request information from any persons, credit bureau or businesses including those mentioned in the Credit Application form and to obtain any information relevant to the CLIENT’s credit assessment, including but not limited to information regarding the amounts purchased from suppliers per month, length of time CLIENT has dealt with each supplier, type of goods purchased and manner and time of payment.