1. Pricing increments
Prices quoted by SIRAIR are determined from time to time and are subject to increases, at the discretion of SIRAIR. SIRAIR shall be entitled to increase the cost of goods delivered or services rendered to THE APPLICANT without prior written notice.
2.1 THE APPLICANT agrees that the signature of any agent, contractor, sub-contractor or employee of THE APPLICANT on SIRAIR’S official delivery note/invoice/waybill, or the delivery note of any authorised independent carrier will constitute valid delivery of the goods purchased.
2.2 The risk in and to the goods shall pass from SIRAIR to THE APPLICANT at the time of delivery notwithstanding that ownership will not pass to THE APPLICANT until full payment of the purchase price. Delivery shall be deemed to have taken place against signature of SIRAIR’S delivery note, proof of posting if the goods are posted to THE APPLICANT or delivery to the South African Transport Services or Road Carrier if the goods are railed or transported by SIRAIR. The Post Office/South African Transport Services or Road Carrier shall act as the agent of THE APPLICANT.
3. Repairs and Warranties
3.1 New goods are warranted according to either SIRAIR’s & Manufacturer’s specific warranties and installation standards or the original Manufacturer’s warranties.
3.2 Should a product supplied to THE APPLICANT by SIRAIR be faulty or require a repair where a warranty is applicable, THE APPLICANT shall contact SIRAIR within a reasonable time period from the goods becoming defective and complete a warranty claim form.
3.3 Liability under clause 3.2 is restricted to the replacement of faulty part only , received first by SIRAIR before replaced. Labour and cost of repairs is for THE APPLCANTS account. Strictly no credits or exchanges will be granted. Any warranty claim must be accompanied by the original tax invoice as issued by SIRAIR. Warranty is limited to the company or names reflecting on the original invoice. Second party claims are not applicable. SIRAR reserves the right to test the said defective part before replacing it.
3.4 All warranties shall become immediately null and void should any equipment be tampered with; seals be broken; or should the goods be operated outside of specifications. Damage caused by lightning strikes, power surges, power spikes, or other incidents beyond the control of SIRAIR are not covered in any warranties. Warranties are null and void if the product has been installed by an unqualified technician and if the equipment has not been serviced annually. For air-conditioning installed in a server rooms, services must be done every 3 months.
3.5 Should SIRAIR find no fault with the returned goods, this will be returned to THE APPLICANT, and a 10% handling fee will be charged.
3.6 Where goods are returned for repair THE APPLICANT shall be required to accept a cost estimate prior to any repair work being carried out. Any item returned for repair to SIRAIR may be sold to defray costs if such repair items are not collected within 90 days of such repair being carried out.
3.7 THE APPLICANT acknowledges that by selecting their area of specialty in clause 4.4, they confirm that their installers and contractors are qualified to install the selected products in clause 4.4. Sirair reserves the right to request official qualification documents as proof of the above.
THE APPLICANT acknowledges SIRAIR’s intellectual property rights in the goods and shall not infringe such intellectual property rights.
5. Payment to SIRAIR
SIRAIR does not appoint the Post Office as its agents for payments by post. All payments shall be made to SIRAIR’S place of business from where the goods
were ordered. In the event of any payments being mislaid; lost in the post; or transferred to the incorrect banking account THE APPLICANT shall still be liable to SIRAIR for payment. Should SIRAIR at any time advice THE APPLICANT of any change to SIRAIR’S banking account details THE APPLICANT shall confirm such change with a Manager of SIRAIR before effecting any further payments. No credit/debit card payments are accepted.EFT payment must reflect and be cleared in SIRAIR’s account.
6. Reservation of ownership
Until such time as THE APPLICANT has paid the purchase price in full in respect of any purchase of goods, the ownership in and to all such goods shall remain vested in SIRAIR. SIRAIR shall, in its sole discretion, without notice to THE APPLICANT, be entitled to take possession of any such goods which have not been paid for and in respect of which payment is overdue, in which event THE APPLICANT shall be entitled to a credit in respect of the goods so returned being the price at which the goods are sold or the value thereof as determined by SIRAIR. THE APPLICANT hereby waives any right it may have for a spoliation order against SIRAIR in the event that SIRAIR takes possession of any goods.
7. Responsibility for losses, damages or delays
SIRAIR will not be in any way responsible for losses; consequential losses; damages or delays caused by or arising from natural disasters, unavoidable accidents of any kind, damages to product from transportation or freight ,acts of the State’s enemies, riots, lockouts, cessation of labour, transport delays, shortened hours of labour, insurrection, war, the imposition of any trade boycotts or sanctions of trade restrictions by any government, authority, company or organization or person or persons, whether within the Republic of South Africa or anywhere else, or any other cause or contingency whatsoever beyond the control of SIRAIR to be established, and it shall rest with THE APPLICANT to prove that such amount is not owning and/or due and unpaid.