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.</
