Terms & Conditions

1. APPOINTMENT
The customer hereby employs NAto provide the equipment and services to the customer and NA agrees to do so, upon the terms and conditions set forth !n this agreement.
2. RECTORIAL
2.1 NA shall effect the work as commissioned by the customer subject to the tenns and conditions herein prescribed.
2.2 Acceptance by NA of the work shaH constitute the terms of this agreement
3. CUSTOMER ACCEPTANCE
The customer acknowledges that by NA’s acceptance of this instruction (booking) that:
3.1 He shall be liable for the specified amount charged by NA, inclusive of any required material used by NA.
3.2 NA rightly assumes that the customer understands and accepts a!! costs to be incurred by him.
3.3 NAhas free access to or onto the customers property/premises to remove any equipment not paid for in full by the customer and the customer consents to the removal of the said
equipment by NA without raising any defences whatsoever.
3.4 NA shall in its sole discretion apply such matter as NA may require as reasonably necessary to execute the work.
4. OWNERSHIP
4.1 Ownership of the equipment sha!! at a!! times remain vested in NA until the customer has fulfilled aU its obligations in terms of this agreement, and the customer shall not be entitled
to sell, encumber, pledge, alienate or part with possession of the equipment. Upon termination of this agreement as a result of the customer’s breach of this agreement for any reason
whatsoever, the customer shall return the equipment to NA in the same working order as with installation. In breach of the abov e the customer accepts the costs, charges and responsibility
by ensuring the equipment to be in the same good and working order as on installation. Any repairs to the equipment will be done only by an authorised agent agreed
to by NA in the warranty period.
NA shall be entitled, without prejudice, to any other rights, which it may have in terms hereof or at law, to cancel the contract forthwith without notice to the customer. In such event
—NA may claim thegoods not-yet-paid forl:>y-the-wstomer. – – —
5. THE CUSTOMER SHALL
5.1 use the equipment for the purpose for which it was intended and in a careful and proper manner and shall not interfere or tamper with it or to allow anyone other than the NA duly
authorised agent, employee or representative of NAto do so;
6. WARRANTY
6.1 NA guarantees all labour for a period of 6 months from the installation date. Only faulty material (installed by NA or parts directly related to NA’s labour during installation shall be
covered by this warranty.
6.2 This warranty excludes any cost of any additional material and/or labour required to execute the installation properly.
6.3 All substituted material which is replaced or rectified within the said six month period, will only be warranted for the balance of the warranty period.
6.4 Any damage caused as a result of lightning and/or power surges, to material and/or electronic equipment is excluded under this warranty, as well as the labour to rectify said damage.
6.5 NA is in no circumstances in a position to advise a customer if the installation is to take place in a so called “Lightning zone” and therefore the customer may not hold NA or its agent
responsible for damage suffered as a result of an installation without the necessary lightning protection.
6.6 Thls warranty becomes null and void if the system is tampered with in any manner, by the customer and/or any other person in eluding any other company, other than a current
employee of NA acting on an official instruction.
6.7 NAwil! charge their standard call out fee, if and where applicable.
6.8 NA Does not accept liability for any damage, theft, fire, and/or loss to or of the customer’s premises. property and/or personal effects
6.9 NA does not accept any responsibility whatsoever, for the degradation of the system, or any part thereof, which may occur, whether caused naturally or purposely, or by an Act of
God.
6.10 NA shall under no circumstances, be held responsible for ensuring that the work undertaken conforms at all times, to any law’s, by-law/s and/or Municipal Regulation/s.
6.11 All Hansa and E.T installations carry a 12 month warranty on mechanical components.
6.12 All Centurion new installations carry a 2 year warranty on mechanical components.
6.13 Lithium ion
7. BREACH OF THIS AGREEMENT BY THE CUSTOMER
7.1 Default in punctual payment of any instalment or any other amount failing due; or
7.2 Fail to observe and perform any other of the terms, conditions and/or its obligations under this agreement; or
7.3 Commit an act of insolvency or, being a natural person, surrender his estate or die; or
7.4 Suffer any default judgement against it to remain unsatisfied for seven days or if recession is refused within 14 days of any default judgement; or
7.5 Be sequestrated or placed under judicial management or be wound up, whether provisionally or finally; or
7.6 Abandon the equipment; or
7.7 Compromise with its creditors or attempt to do so: or
7.8 Have made any inaccurate statement or representation in connection with this agreement, including a credit application for credit facilities or in regard to its financial affairs; or
7.9 Do or suffer to be done anything which might prejudice the rights or NA hereunder; or
7.10 Allow the equipment to be seized under any legal process issued against the customer; or
7.11 Whenever it is necessary In terms of this agreement to determine the value of the equipment such value shall at the expense of the customer be determined by an appraiser appointed by NA
whose valuation shall be final and binding on the customer.
7.12 The full balance outstanding hereof shall include all costs incurred by NA including the costs of repossession, valuation of the equipment, legal costs on the scale as between
attorney and own client and collection commission.
8. CESSION
8.1 The client shall not cede any of its rights nor delegate any of its obligations under this agreement without the prior written consent of NA nor shall the client be entitled to relinquish
possession of or sublet the equipment if NA is the owner of the equipment.
8.2 NA may cede any or all its rights in terms hereof and/or transfer its ownership of the equipment, the subject matter of the agreement, to any third party without prior notice to the
customer. The customer agrees and undertakes that on receiving notice of any such cession and transfer it will hold the goods o n behalf of the cessionary and transferee.
9. GENERAL
9.1 The customer shall not be entitled for any reason whatsoever to withhold or delay payment (or any monies) due to NA in terms of this agreement by reason of the equipment or any
part thereof being in a defective condition or in a state of disrepair before NAhas the opportunity to rectify the aforesaid problem during a period of thirty days In the warranty period.
9.2 Should NA cancel this agreement and the customer dispute its right to do so and retain possession of the equipment pending the determination of that dispute then the customer shall
continue to make all payments in terms of this agreement on the due date of those payments and shall be without prejudice to and shall not in any manner whatsoever affect the right of
NAto cancel this agreement or any of its other rights.
9.3 A certificate under the hand of an accountant nominated by NA as to the amount due to be paid by the client at any time shal I be final and binding on the parties hereto.
9.4 An extension of time or other indulgence granted by NAto the customer shall not be constructed as a waiver of any of NA’s rights hereunder and shall not in any way prevent NA
from enforcing such rights.
9.5 This agreement is the sole recordB of the agreement between the parties. NA shall not be responsible for any undertaking or representations or warranties unless in writing and
signed by NA.
9.6 NA shall not be liable for any loss or damages (actual or consequential) which may be suffered by the customer or any other person arising out of any cause whatsoever relating to this
agreement. The customer hereby indemnifies NA against any claims arising from any cause whatsoever which may be raised by any other person against NA arising out of the use of the
equipment.
9.7 NA shall be entitled to appropriate any payments made by the client to any amount by the client to NA whether in terms here of or othe!Wise.
9.8 Should any monies due to NA by the client in terms of this agreement not be paid timeously or at all, then NA shall be without prejudice to any of its rights under this
agreement to charge interest on the mount due and outstanding by the customer at the maximum legal rate permissible from time to time as set forth in the Usury Act
Number 73 of 1968, as amended, or any other applicable legislation in substitution therefore calculated from the time of the default.
9.9 Post maintenance plan: In order to maintain the manufacturer warranty on installed equipment, it is necessary to perform periodic checks on the entire installation to confirm that all wear
and tear items are in order and replaced if necessary. The intention of the post maintenance plan, is to ensure that there is no dispute from the OEM supplier, that could potentially result
in a warranty claim not being fulfilled.
10. PAYMENT TERMS
The customer accepts and understands that all work undertaken by NA is strictly C.O.D., and that all equipment remains the property of NAuntil such time as it has been paid for in full by the
customer, and that NA reserves the right to remove such equipment in the event of the customer defaulting on payment or any part thereof and the customer consents to the removal of the
equipment by NA as set out in this agreement.

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