STANDARD TERMS AND CONDITIONS OF TRADE
TRUE VALUE SYSTEMS SOUTH AFRICA
All services provided by True Value Systems South Africa (Pty) Ltd (hereafter referred to as TVSSA) to a client (“Client”) are governed by these terms and conditions and the Client agrees to abide by and be bound to them. If TVSSA and the Client has concluded a written agreement in respect of any services (the “Agreement”), these terms and conditions shall continue to apply alongside the Agreement, except to the extent that the Agreement varies these terms and conditions or provides otherwise.
- All TVSSA quotations are valid for a period of 30 (thirty) days from the date of such quotation and are only subject to an increase in the event of an increase in a supplier’s prices or other circumstances beyond TVSSA’s control.
- Ownership of goods supplied/installed shall not pass to the Client until such goods have been paid for in full by the Client and, until payment is received by TVSSA in full, shall remain the property of TVSSA. Notwithstanding the above, risk in and to any goods shall pass to the Client upon the date when they are supplied/installed.
- All Initial License Fees as defined in an End User Software License Agreement (“EUSLA”) are payable upfront in full within 30 (thirty) days of the Signature Date of the EUSLA.
- Annual Licence Fees (as such term is defined in the EUSLA) are payable for the first year upfront in full within 30 (thirty) days of the date of an invoice detailing such fees and shall thereafter be payable annually in full within 30 (thirty) days of the anniversary date and as more fully set out in the EUSLA. The Annual Licence Fee shall be calculated at a rate of 22% of the overall installed licensed solution and additional licensed modules installed, unless otherwise agreed in writing.
- Prices quoted may be adjusted based on the site audit and configuration verification process. This will be subject to a change request process and acceptance by the Client.
- Any agreed budget will be based on the assumption that the information required in order for TVSSA to render the services is made available in accordance with agreed timetables, is complete and accurate and that the key stakeholders and/or representatives at the Client are available and able to assist TVSSA.
- If delays or other unanticipated problems which are beyond the control of TVSSA occur, this may result in additional fees for which a change request will be raised for additional payment accordingly.
- All completed jobs/projects must be signed-off by an authorised representative of the Client on one of TVSSA official Job Card Forms.
- TVSSA reserves the right to charge interest on any overdue amounts not paid for in full on the due date for payment by the Client, at a rate of 2% (two percent) above the prime rate of interest quoted from time to time by TVSSA’s bankers.
- All prices / rates quoted by TVSSA exclude VAT.
- Any additional agreed labour, travel and/or accommodation will be subject to a change request and a separate quotation from TVSSA.
- TVSSA will charge the Client for any work conducted after hours, on Saturdays, Sundays or official public holidays.
- Any maintenance and support services to be rendered by TVSSA to the Client in respect of hardware and/or software support will be invoiced in accordance with the fees and costs set out in the Agreement. In the absence of the Agreement having been signed by the Client and TVSSA, TVSSA’s then-prevailing time and materials billing rates will apply and a purchase order will be required by TVSSA from the Client prior to any support engagement commencing.
- Any required support work post-commissioning must be logged at firstname.lastname@example.orgAny support required that is not logged via this process will not be deemed a support request and will not be responded to by TVSSA.
- All Annual License Fees and any other fees and costs payable under and pursuant to the Agreement will increase by the increase in the CPI on the anniversary date of the date when the software and/or any hardware is installed. “CPI”, as aforesaid, shall mean the Consumer Price Index published from time to time by Statistics South Africa or its successor.
- All services required or goods ordered by the Client shall be prepared on an official purchase order and shall be sent to TVSSA by email to email@example.com On receipt and acceptance of such purchase order by TVSSA, such order shall be binding on the Client.
- The Client agrees that should it dispute any portion of an invoice received from TVSSA, it will forthwith pay the undisputed amount of such invoice in accordance with the requirements of the Agreement or EUSLA.
- Should TVSSA 1be compelled to take legal action for the recovery of any outstanding monies due or owing under the Agreement or the EUSLA, then the Client shall be liable for all legal costs incurred by TVSSA.
- TVSSA warrants its workmanship (unless otherwise stated) for a period of 12 (twelve) months from the date of installation for new installations and 3 (three) months for repairs. However, TVSSA reserves the right to charge the Client for any and all related labour, travel and accommodation costs associated with the replacement of any equipment not covered under the manufacturer’s warranty. This warranty shall automatically lapse should any unauthorised work or tampering occur in respect of the equipment. No warranty will be honoured by TVSSA unless all amounts owing by the Client to TVSSA have been paid for in full.
- While every reasonable attempt will be made to install equipment and configure software to specifications, the Client specifically indemnifies TVSSA from and against any and all claims of whatsoever nature and howsoever arising from usage in respect of the equipment, software and the installation and configuration thereof, as well as against any act or omission of any director, officer, employee, agent or sub-contractor of TVSSA, whether such act or omission is negligent or otherwise.
- These terms and conditions, read together with the Agreement and any applicable quotation, constitutes the entire agreement between the Client and TVSSA. Any variation to these terms and conditions shall be of no force and effect unless reduced to writing on paper and signed by each of TVSSA and the Client.
- The Client acknowledges that no representations or warranties have been made by TVSSA other than those recorded above.
- In the event that the Consumer Protection Act, 2008 (“CPA”) applies to these terms and conditions: the provisions of these terms and conditions shall be subject to the applicable provisions of the CPA; and, if any provision of the terms and conditions does not comply with the CPA, such provision shall be deemed to be severed from these terms and conditions, and the remainder of these terms and conditions shall continue in full force and effect.