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Terms and Conditions

Please Note : All items are ex-stock subject to prior sale

1. Order and Delivering of Goods and Services
1.1          Products will only be ordered once payment has been received in full.
1.2          After payment has been processed and cleared in Tool Centre bank account the following will apply:
1.2.1 Products sourced from local distributor: Delivery within 48 hours*
1.2.2 Products sourced from international distributors: Delivery within 7 to 10 days
*In order to ensure quick turnaround time’s payment must reach Tool Centre before 12:00 pm on the day of order to ensure that the order will be placed the same day. Payments received later than 12:00 pm will only be processed the following day and delivery schedules will work accordingly.
1.3          If delivery is included in the product it will only cover deliveries to the main metropolitan centres within South Africa. International orders will be for the clients account.
1.4          When tracking information is available it will be emailed to the client.
 
2. Method of Shipping
2.1          All orders are shipped and delivered by Fast Way Couriers or any alternative company we choose

 (door to door delivery)
2.2          Orders are shipped directly from the distributor unless otherwise stated.
2.3          Insurance available on request - approximately +3%.
2.4          Customs clearance paperwork and procedures are handled by the courier.
 
3. Collecting and Paying for Goods and Services
3.1          No stock is kept at the Tool Centre sales office.
3.2          Products are shipped directly from the distributor’s warehouses that hold/manage their own stock.
3.3          Title to the Goods passes when paid for in full. If payment is overdue, Tool Centre may require Customer to return unpaid Goods, and shall be entitled to enter Customers' premises to recover such Products.
3.4          Delivery dates quoted by Tool Centre are best effort forecasts made in good faith, but Tool Centre cannot accept responsibility or liability for any delays. Tool Centre shall be entitled to effect partial deliveries to a reasonable extent.
3.5          All orders will have to be paid for upfront (no exceptions).
3.6          After payment has been received / confirmed, orders will be processed and dispatched in a timely and professional manor.
3.7          Payment Methods: Electronics Funds Transfer (EFT) & Cash Deposits
3.8          Prices excluded delivery costs, insurance, sales tax, VAT and similar taxes and charges. Tool Centre may at any time change its prices without notice.
 
4. Returns
4.1          All products on the Tool Centre website comes with a standard 1 year (12 months) manufacturers carry in warranty.
4.2          Customers experiencing a problem with their products can contact and log the fault with Tool Centre. Tool Centre will supply the client with the detail of the closest repair/support centre.
4.3          Product support and repairs are handled directly by the distributor/manufacturer of the product.
4.4          The cost of getting the product to and from the repair centre will be for the customers account.
4.5          If there is a quality defect that causes the device to be unacceptable or unusable during the warranty period, Tool Centre will accept a return and either repair the item, replace it with a new one or replace the item with an equivalent item that the customer accept (manufacturer's terms/conditions apply). Refund requests are not accepted and the customer understands and unconditionally agrees to the available solutions Tool Centre has to offer.
4.6          All returned products must be sent together with the original package, accessories, manuals etc..
4.7          Physical damage or modification to a product caused by the user invalidates the warranty, these include cutting and rewiring, modifying components, inadequate installation, opening products (i.e. to repair or modify components), invalidates the warranty. Flashing the firmware or using non-approved software invalidates the warranty (these are detectable by the manufacturer's engineering team).
4.8          There is a 35% restocking fee for all non-defective returns (must be returned within 7 days of receipt) and is only acceptable under certain circumstances (i.e. incorrect model ordered etc..). Tool Centre reserves the right to accept or deny the return of non-defective items at our own discretion.
4.9          In the event that a product is returned and proven to have been tampered with (opened, modified etc..), the warranty will immediately be considered void and the item will be returned at the customers expense.
4.10        If there is a problem with a product purchased from Tool Centre, do not open it as this will void the warranty (no exceptions).
4.11        In the event that a non-faulty item is returned and confirmed to be working, the customer will be charged the postage and handling fee to return the item. The same applies for defective or non-defective products which have been returned but found to have been tampered with or modified in anyway.
 
5. Software License Terms
Purchase of software is a purchase of a contractual right or license to use the software, not title to the software. Where Customer is the intended End User of the software, Customer further agrees to the terms and conditions packaged or delivered with the software (via media or download, or preloaded on computer equipment, and including click-wrap and shrink-wrap terms), referred as End User License Agreements (EULAs). Where Customer intends to resell the software, Customer agrees to deliver any such EULAs to the End User with the software without alteration.
 
6. Force Majeure
If Tool Centre is prevented by force majeure from delivering Goods, or performing any other obligations, Tool Centre will be excused its performance for as long as such cause shall continue. Force majeure shall include civil commotion, riot, war, threat or preparation for war, fire, flood, earthquake, labour dispute, failure of gas, water, electricity or other services, interruption of transport, law, rule or regulation of any Government or other authority, or any cause beyond the reasonable control of Tool Centre.
 
7. Warranty
Goods, excluding spare parts or consumables, are supplied with the manufacturer's warranty. Where Goods are returned under warranty, such items should be returned carriage paid to Tool Centre, whereupon Tool Centre will replace or repair the defective Good. Tool Centre reserves the right to charge where no defect is found in the Product. Tool Centre will endeavor to replace or repair the Goods within a reasonable time, but Tool Centre can give no guarantees that repairs will be completed in a particular time.
 
8. Compliance with Laws
The Customer shall comply with all applicable statutory or regulatory procedures in connection with cross-border shipments and transactions.
 
9. Limitations on Liability
9.1. NEITHER PARTY SHALL BE HELD LIABLE TO THE OTHER FOR CONSEQUENTIAL, SPECIAL OR INDIRECT DAMAGES, INCLUDING LOST PROFITS OR DAMAGES RELATING TO LOSS OF DATA.
9.2. In cases of intentional acts, claims under product liability laws, malicious non-disclosure of a defect, as well as claims based on damage to life, body or health, Tool Centre's liability shall be determined in accordance with statutory law.
9.3. The total liability of Tool Centre, whether in contract, tort (including gross negligence) or otherwise, shall in no circumstances exceed the amounts paid in connection with the respective Purchase Transaction. Any claim for damages will expire within one year after provision of the Goods or Services or from the date the cause of action arises.
 
10. Indemnification
The customer agree to indemnify and hold Tool Centre, and its affiliates, subsidiaries, officers, agents, co branders, or other partners, and employees, harmless from any claim or demand, including reasonable attorney/legal fees, made by any third party due to or arising out of the use of the website.
 
11. Electronic Invoices
The customer hereby agree to accept invoices and other documents in electronic form, whether it be emailed or be available for download on the website.
 
12. Miscellaneous
12.1.     Tool Centre's failure to exercise a right shall constitute no waiver of assertion of that right in future and shall not lead to ineffectiveness of the contractual provisions concerned.
12.2.     The Purchase Transaction shall be subject to the local law of the country, where Tool Centre is based, and the conflict of laws rules and UN Sales Law shall be excluded. The place of performance shall be Tool Centre's registered office. For all disputes arising out of or in connection with these terms and conditions the contracting parties agree on exclusive jurisdiction of the commercial courts Tool Centre registered office.

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