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TERMS AND CONDITIONS

TERMS AND CONDITIONS – WEBSITE USE

  1. Acceptance of Terms

    Pescatech CC permits the use of this Website subject to these terms and conditions (“the Terms and Conditions”). By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to the Terms and Conditions. In the event of any conflict between the Terms and Conditions and any other conditions stipulated elsewhere, including in one of our supplier’s terms and conditions, the Terms and Conditions as contained herein will prevail.

  2. Use of the Website

    The contents of this Website, including any content, information, software, icons, text, links, graphics, lay-outs, images, sound clips, trade names, logos, trademarks and service marks are protected by law, including but not limited to copyright and trade mark law, and are owned by or licensed to Pescatech CC. No license to or right in any of such contents is granted to or conferred upon you. Any unauthorized use, distribution or reproduction of the said contents is prohibited.

    By entering this Website, you agree that you will not use any device, software or other instrumentality to interfere or attempt to interfere with the proper working of the Website and that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. In addition, you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy the pages of the Website or the content contained herein, without the prior written consent from an authorized Pescatech CC representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website). You may not use the Website to distribute material which is defamatory, offensive, and unlawful or contains hate speech.

  3. Disclaimer

    While Pescatech CC takes reasonable measures to ensure that the contents of this Website are accurate and complete, Pescatech CC makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of this Website or as to the accuracy, completeness or reliability of any information on this Website. Pescatech CC reserves the right to make changes, corrections and/or improvements to the information and to the products and programs described in such information, at any time without notice.

    Pescatech CC will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and reserves the right to discontinue providing the Website or the service or any part thereof with or without notice to you. Any person who accesses this Website or relies on this Website or on the information contained in this Website does so at his or her own risk.

    In addition to the disclaimers contained elsewhere in these Terms and Conditions, Pescatech CC also makes no warranty or representation, whether express or implied, that the information or files available on this Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise or jeopardise the operation, stability, secuity functionality or content of your computer system, computer network, hardware or software in any way. Pescatech CC does not accept any responsibility for any errors or omissions on this Website.

  4. Privacy Policy

    Pescatech CC has a strong commitment to providing excellent service to all of our customers and visitors of this Website, including respecting concerns about privacy. Pescatech CC will explicitly ask when we need information that personally identifies you or allows us to contact you (“personal information”). Generally this information is requested when making reservations; when requesting a particular service. You agree to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.

    The purposes for which Pescatech CC will use your personal information are as follows: to transact with you via the website or email regarding purchase and reservation, to provide services to you via our website; to inform you of new features, services, special offers and products (provided you have consented to receiving such marketing material); to enable us to process, validate and verify reservations and requests for services and for the purposes for which you specifically provided the information; to improve your experience on our website.

    Pescatech CC shall be entitled to disclose personal information if required to do so (a) to comply with applicable law or with legal process served on Pescatech CC; (b) to protect and defend the rights or property of Pescatech CC, and (c) for the purposes of distributing same to various employees and/or third parties who assist Pescatech CC in providing services to you and thus need to know your personal information in order to render a proper and efficient service to you. We will ensure that all such employees and/or third party service providers having access to your personal information are bound by appropriate and legally binding confidentiality and non-use obligations in relation to your personal information.

    You are aware that information and data is automatically collected through the standard operation of the Internet servers and through the use of “cookies.” “Cookies” are small text files a website can use to recognise repeat users, facilitate the user’s on going access to and use of the website and allow a website to track usage behaviour and compile aggregate data that will allow content improvements and targeted advertising. Cookies are not programs that come onto your system and damage files. Generally, cookies work by assigning a unique number to you that has no meaning outside the assigning site. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to deny or accept the cookie feature; however, you should note that cookies may be necessary to provide you with certain features (e.g., customized delivery of information) available on our Websites.

    WHILST PESCATECH CC IS OF INTENT TO TAKE REASONABLE MEASURES TO KEEP PERSONAL INFORMATION ABOUT YOU CONFIDENTIAL, IT SHALL HOWEVER NOT BE LIABLE FOR ANY LOSS OR DAMAGE, HOWSOEVER ARISING, SUFFERED AS A RESULT OF THE DISCLOSURE OF SUCH INFORMATION.

    Pescatech CC will:

    • treat your personal information as strictly confidential;
    • take appropriate technical and organisational measures to ensure that your personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;
    • promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information;
    • provide you with reasonable evidence of our compliance with our obligations under this policy on reasonable request; and
    • upon your request, promptly return or destroy any and all of your personal information in our possession or control.

    We will not retain your personal information longer than the period for which it was originally needed, unless we are required by law to do so, or you consent to us retaining such information for a longer period.

  5. Linked Third-Party Website and Third-Party Content

    This Website may contain links or references to other websites outside of our control, including those of advertisers. These Terms and Conditions do not apply to those websites and Pescatech CC is not responsible for the practices and/or privacy policies of those sites or the cookies those sites use. In addition, because Pescatech CC has no control over such external sites and resources, you acknowledge and agree that Pescatech CC is not responsible for ensuring the availability of such external websites or resources and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. Your use of such other websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such other websites or your reliance on any information contained on those websites.

  6. Permission for Hyperlinks, Deep Linking, Crawlers and Metatags

    Nobody may establish a hyperlink, frame, metatag or similar reference, whether electronically or otherwise (collectively referred to as linking), to this Website or any subsidiary pages before receiving the prior written approval of an authorised representative of Pescatech CC, which may be withheld or granted subject to such conditions Pescatech CC may specify from time to time. Furthermore, this Website or any part hereof may not be “framed” or “deep linked” in any way whatsoever. This Website may from time to time contain message boards which allow users to comment on their experience at Pescatech CC. At times those comments may contain references to matters not related to Pescatech CC. Those references do not necessarily represent the views of Pescatech CC.

  7. Limitation of Liability

    PESCATECH CC SHALL IN NO WAY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL INJURY, LOSS OR DAMAGES WHICH MIGHT ARISE FROM YOUR USE OF, OR RELIANCE UPON, ANY MATERIAL OR CONTENT CONTAINED IN THE WEBSITE OR ANY LINKED WEBSITE, OR ANY INABILITY TO USE THE WEBSITE, OR ANY UNLAWFUL ACTIVITY ON THE WEBSITE CAUSED BEYOND THE REASONABLE CONTROL OF PESCATECH CC.

    YOU HEREBY INDEMNIFY PESCATECH CC AGAINST ANY LOSS, CLAIM OR DAMAGE WHICH MAY BE SUFFERED BY YOURSELF OR ANY THIRD PARTY ARISING IN ANY WAY FROM YOUR USE OF THIS WEBSITE OR THE RECEIPT BY YOU OF AN ELECTRONIC MAIL FROM PESCATECH CC OR ONE THAT PURPORTS TO EMANATE FROM PESCATECH CC, UNLESS THE LOSS, CLAIM OR DAMAGE ARISES AS A RESULT OF THE GROSS NEGLIGENCE OF PESCATECH CC.

  8. Changes to these Terms and Conditions

    Pescatech CC reserves the right to update and/or amend the Terms and Conditions from time to time and without any notice, and you are accordingly encouraged to check the Website regularly. Any such change will only apply to your use of this Website after the change is displayed on this Website. If you use this Website after such updated or amended Terms and Conditions have been displayed on this Website, you will be deemed to have accepted such updates or amendments.

  9. Termination

    Pescatech CC may in its sole discretion terminate, suspend and modify this Website and/or your use of this Website, with or without notice to you. You agree that Pescatech CC will not be liable to you in the event that it chooses to suspend, modify or terminate this Website or your use of this Website.

  10. Governing Law

    The Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa and application for any of the services offered on these pages or sites will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of the terms and conditions pertaining to such services.

  11. Google Policy
    • In accordance with some of Google’s recent compulsory policies, we herewith inform you that we might be tracking your cookies as our web site / company is currently undertaking Google AdWords remarketing of any other Google AdWords feature that tracks such cookies.
    • By visiting this site, you agree that certain of our Google AdWords remarketing and or other advertisements can follow you as you visit other web sites that forms part of Google’s Display Network (GDN).
    • Note that we shall under no circumstances be utilizing any personally identifiable information as obtained through our Google AdWords remarketing campaign in any other related marketing endeavours – online or otherwise. (Such restricted utilization of information includes the sharing of such with third parties.)
    • The Company shall under no circumstances be using any sensitive information of any nature on any of our remarketing tags.
    • The Company shall duly endeavour to adhere to all of the current in-effect policies of Google related to remarketing or any other form of Google advertising in all of its Google AdWords marketing campaigns. (In instances of possible non-conformity to such, the Company shall endeavour to rectify such in a prompt manner.)
    • You may opt out of seeing advertisements for web site, by simply clicking here: – https://policies.google.com/technologies/ads.

    We have implemented certain Google Analytics features for the primary purpose of attempting to ascertain the success of our online marketing endeavours via the Google AdWords platform.

TERMS AND CONDITIONS – DIRECT CUSTOMER

  1. Conditions
    1. All orders submitted to the Company are to be confirmed in writing by the Purchaser (either by means of a company purchase order or a signed pro forma invoice). This condition applies to all amendments to be made to any orders.
    2. Confirmed orders, if placed before 12h00, will be dispatched by the Company the same day, stock and payment received permitting. Any orders or amendments submitted after 12h00, could result in a 24hour delay in the dispatching of the order.
  2. Delivery
    1. The Purchaser is to advise the Company of the delivery method required on each order. Available methods include collection arranged by the Purchaser or delivery of the goods to be arranged by the Company.
    2. The Company reserves the right to deliver the order in instalments based on stock availability
    3. Where the goods are delivered in instalments, each delivery shall constitute a separate contract and failure by the Company to deliver any one or more of the instalments shall not entitle the Purchaser to treat the contract as a whole as repudiated
    4. In the case of excess delivery, the Company will make the necessary arrangements for the excess stock to be returned to the Company at its own expense
    5. The Company shall not be liable to the Purchaser for any losses caused due to a delay in the delivery of the order
    6. The delivery of the order will take place in reasonable time. Any specified delivery dates are only projections.
    7. Unless otherwise instructed in writing by the Purchaser on placing the order, delivery of the goods shall take place at the address specified on the purchase order. Additional costs incurred in a failed delivery due to incorrect or incomplete delivery information submitted by the Purchaser will be for the account of the Purchaser.
    8. The Company will notify the Purchaser once the goods are ready for collection
    9. The Purchaser shall then within fourteen days of service of the notice either; collect the goods, give the Company instructions of delivery at the Purchaser’s expense.
    10. If the Purchaser fails to collect the goods or provide instruction for delivery within the fourteen working days, the Company reserves the right to cancel the order without providing notice to the Purchaser. Cash payments will be refunded to the Purchaser
  3. Prices
    1. All price lists provided by the Company are exclusive of VAT, unless otherwise stated
    2. Prices quoted on by the Company are valid for 30 days only, after which time they may be altered by the Company without notice
    3. The Purchaser is solely responsible for the courier costs of orders to be delivered to the client’s premises, unless otherwise agreed upon.
    4. The company reserves the right, by giving notice to the Purchaser at any time before delivery, to increase the price of the Goods to reflect any increase in the cost to the Company which is due to any cause beyond the control of the Company (such as, and without limitation, any foreign exchange fluctuation, currency regulation, significant increase in the cost of labour or goods)
  4. Payment
    1. The payment terms for orders submitted to the Company are strictly cash-before-delivery, unless a credit application has been submitted and approved by the Company
    2. Payment terms are to be honoured according to the approved application, and payments are to be made before/on the last day of the month that payment is due.
    3. All proof of payments to be submitted to accounts@pescatech.co.za
    4. The Company shall invoice the Purchaser for the price of the goods once the order is tendered for delivery. Orders which are collected will be invoiced upon collection.
    5. For cash-before-delivery orders, payment needs to reflect in the Company’s account, before the goods will be dispatched
    6. For orders of large value or direct import, the Company may require a deposit to be paid before the order will be submitted for undertaking. The remainder of the order value is to be paid by the Purchaser in accordance to their payment terms approved by the
  5. Interest on overdue invoices
    1. In accordance with the National Credit Act (NCA), the Company reserves the right to charge a 2% interest on overdue invoices. Payment is due only if the invoice is failed to be paid in full as per the payment terms.
    2. Overdue invoices will result in the account being placed on hold by the Company, and until the account is settled, no new orders will be dispatched to the Purchaser
  6. Ownership and risk
    1. Goods will remain the property of the company until full payment has been received by the Company
    2. The Purchaser shall hold the goods as the Company’s Fiduciary agent and Bailee, and properly store, protect and insure the goods identified as the Company’s property until full payment for the invoice has been made.
    3. The Purchaser is entitled to resell or use the goods in the ordinary course of its business, provided that the account of the Purchaser is paid timeously.
  7. Cancellation, return and exchange of goods
    1. Goods returned by the Purchaser must be in their original packaging and in the same condition as when supplied by the Company
    2. All goods must be returned within 2 weeks (14 days) from date of delivery, or collection by the Purchaser.
    3. Goods returned must be accompanied by a Tax Invoice.
    4. The Company is eligible to inspect the goods before the issue of a credit note
    5. A handling fee of 10% will be raised on returned items, at the discretion of the Company
  8. Company’s warranties
    1. The Company warrants that the goods comply to all the material specifications presented
    2. In the event of product deemed to not meet material specifications, a customer complaint form must be adhered to and submitted to the account holder
    3. The company is eligible to test the goods
    4. The company will not be responsible for any defects arising from failure of the Purchaser to follow the Companies verbal or written instruction regarding the use, storage, maintenance and installation of the goods
    5. In the events of a VIKAN product warranty claim, the relevant procedure as per VIKAN Customer complaint form must be adhered to. The Company will facilitate and manage all warranty claims in line with the relevant VIKAN terms and conditions.

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