1. Definitions
1) "Business Customer" means a customer who is not a Consumer.
2) "Consumer" means an individual who is not acting for the purposes of his or her business or profession.
3) "HP Online" means First Technology IT Suppliers (Pty) Ltd also referred to as "we" or "us" in these terms and conditions.
4) "Catalogue" means the catalogue of products and services offered by HP Online.
5) "Force Majeure" means any cause affecting the performance by HP Online of its obligations arising from acts, events, omissions, happenings or non-happenings beyond its reasonable control including (but not limited to) governmental regulations, fire, flood or any disaster or industrial dispute affecting a third party.
6) "Normal Working Hours" means 8 am to 5 pm on a Working Day.
7) "Working days" means Monday to Friday, excluding Public holidays.
Please note that special terms apply to Consumers, which prevail over the other provisions of these terms and conditions. Customers who are Consumers are referred to Clause 13.
2. Orders
1) All contracts of sale made by HP Online shall be deemed to incorporate these terms and conditions, which shall prevail over any other terms from the party ("the Customer") with whom HP Online is dealing. Cancellation of orders by business to business customers is not accepted as many orders are despatched on the same day the order is placed. Cancellation of orders by Consumers will be accepted in accordance with the Consumer Protection Act. Nothing in these terms and conditions is intended to impinge upon a Consumer's statutory or contractual rights to reject faulty goods.
2) All orders are subject to acceptance and to availability of the goods ordered: HP Online is entitled to refuse any order placed by you.
3) You undertake that:
- all details you provide to us for the purpose of purchasing goods or services offered on our web site are correct and You, the Customer, accepts that full liability for orders placed using a valid user id and password lies with You and not HP Online and
- the credit or debit card you use to make a purchase from us is your own card or your company's card, that you are authorised to use it, and that there are sufficient funds or credit facilities to cover the cost of any goods or services you order from us. We reserve the right to obtain validation of your credit or debit card details before providing you with any goods or services.
- Where the Customer is purchasing Microsoft Service Provider Licensing Agreement (?SPLA?) products or services, the Customer undertakes to provide timely reporting of its prior months usage by the 10th day of each month. In the event that there is zero usage to report then the Customer agrees and directs that HP Online shall submit a zero use report on the Customer’s behalf, in respect of its active SPLA agreements, if no report has been received by the 10th day of the month.
4) Please note, HP Online may record and / or monitor inbound and outbound calls and electronic traffic for training purposes.
3. Prices
1) Goods and services are invoiced at the price prevailing at time of acceptance of order. VAT is charged at the rate applicable at the time of invoicing or otherwise in accordance with the law.
2) HP Online reserves the right to modify the prices from time to time.
3) Any prices quoted by HP Online in local currency may be adjusted by HP Online due to fluctuations in the US Dollar exchange rate.
4) Due to the transaction costs imposed upon HP Online, a surcharge of 2.5% of the total invoice value will be applied to all AMEX transactions with effect from 1st January 2011.
5) All amounts payable hereunder are payable in full and remitted back to HP Online without offset or deduction for taxes (including withholding tax) and custom duties.
4. Delivery, Title and Risk
1) HP Online shall use reasonable endeavours to despatch goods by the date agreed with the customer, but does not accept liability for failure to deliver within the stated time where this is caused by circumstances beyond our reasonable control, such as delays caused by delivery companies or manufacturer lead times. If a delay is likely, we shall contact the customer and advise of the delay.
2) In the case of a Business Customer, if HP Online is unable to deliver the goods within 30 days of the agreed delivery date , the Customer will, as its sole remedy, be entitled to cancel the order and require any monies paid to HP Online in respect of that order to be refunded. In order to cancel, the Customer must send written notice of cancellation to HP Online after the above date but before delivery of the goods or notification from HP Online that the goods are ready for delivery. This Clause does not apply to Consumers.
3) In the case of Business Customers, HP Online does not accept liability for shortages or damage to deliveries unless the Customer notifies HP Online of the shortage or damage in writing within 48 hours of receipt of the delivery.
4) Business Customers are required to be able to accept the goods when they are ready for delivery within Normal Working Hours.
5) Delivery is deemed to take place when the goods are delivered to the Customer's nominated address, whereupon the risks of loss, breakage and all damage and all other risks shall pass to the Customer.
6) Title in the goods does not pass to the Customer until payment is received in full by HP Online.
7) If the Customer cannot accept delivery, HP Online may at its option: (a) store and insure the goods at the Customer's expense and risk or (b) sell the goods at the best price reasonably obtainable and (after deducting reasonable storage insurance and selling costs) pay to the Customer any excess over the sale price or charge the Customer for any shortfall or (c) re-arrange delivery provided that HP Online may charge the Customer for the additional delivery costs incurred.
8) The Customer may request a Proof of Delivery, provided that this request is made in writing within 3 months of the date of delivery and HP Online shall use reasonable endeavours to provide such proof. Thereafter, delivery shall be deemed to have been successfully completed.
9) Upon delivery of the goods, the Customer will be asked to sign a Proof of Delivery to acknowledge safe receipt. It is the responsibility of the Customer to ensure that the number of packages delivered corresponds with the number stated on the delivery note. Where a discrepancy occurs or where there is evident damage to the packaging, this should be noted on the Proof of Delivery. HP Online shall not be liable for discrepancies or damage evident on delivery where the Customer accepts delivery and signs the Proof of Delivery without amendment.
10) HP Online reserve the right to part ship goods on all orders to the customer and to invoice each shipment separately, unless otherwise stipulated by the customer. This is to make sure that the customer receive their stock in a fast and efficient manner.
5. Payment
1) Payment is due on shipment unless a Customer has been approved for credit. HP Online standard credit terms require payment within 30 days from the date of the invoice, except in the case of transactions where different terms are agreed in writing.
2) If payment is not made on the due date, HP Online will be entitled to charge interest daily on the outstanding balance at the rate of 3% above Prime lending rate from time to time and in any event an administration fee in the sum of R250 shall be applied to each overdue invoice.
6. Product specifications
1) HP Online makes every effort to supply the goods as advertised but reserves the right to supply the goods subject to minor variations in actual dimensions and specifications where these are changed by the manufacturer.
2) If HP Online cannot supply the goods ordered by the Customer, HP Online reserves the right to offer goods of equal or superior quality at no extra cost. In such a case, if the Customer does not wish to accept the alternative goods offered, he or she may cancel the order and require the refund of any money paid to HP Online in respect of that order, including carriage charges. This shall be the sole remedy of the Customer in these circumstances.
3) Due to the current manufacturing methods of active matrix display panels, a small percentage of sub-pixel anomalies (i.e. a pixel stuck on or off) are accepted by the industry as unavoidable. Accordingly, because the manufacturing yield of perfect active matrix panels is low, displays may have some sub-pixels that are either always on or off. The cost of accepting only theoretically perfect displays would almost double the price of a portable computer using an LCD screen. Please be aware of this before purchasing a TFT screen. HP Online has to adhere to the manufacturer's guidelines stipulating that a given number of pixel failures are deemed acceptable before the TFT screen is accepted for replacement on gr
