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Terms of use

H.A. ELECTRICAL TECH (PTY) LTD 
CLIENT TERMS AND CONDITIONS

  1.   The Client agrees that:   
  2.  This Agreement represents the entire Agreement between the Client, Contractor and H.A. Electrical Tech (pty) ltd and that any alterations or additions to this  
  3. Agreement may not be affected unless agreed to by all parties concerned, reduced to writing and signed by the Client and/or a duly authorized representative of the Client and H.A. Electrical tech (pty) ltd.
  4.  This Agreement will govern all future contractual relationships between the parties, notwithstanding receipt or acknowledgement of the Client’s own clients’ terms and conditions. 
  5. This Agreement is applicable to all existing debts between the parties. 
  6.  This Agreement is final and binding and is not subject to any suspensive or resolutive conditions. 
  7.  Any conflicting terms, conditions, or agreements without prejudice to any securities or guarantees held by the Client and 
  8. This Agreement applies to all employees and subcontractors of the Client.      
  9. This Agreement,   
  10.  And any offers, orders or contracts of sale pursuant thereto, will become binding when the Client accepts H.A. Electrical Tech (pty) ltd quote in writing, telecommunication, WhatsApp, electronic communication, verbal, by instruction to H.A. Electrical Tech (pty)    ltd to proceed with electrical works and/or once the Client has made payment into H.A. Electrical tech (pty) ltd nominated bank account for electrical works to be carried out, this will be accepted that the client has read and understood the contents of H.A. Electrical   Tech (pty) ltd client terms and conditions.    
  11. Monetary Remuneration   
  12.  remuneration” herein after refers to the monetary value that H.A. Electrical Tech (PTY) Ltd  will be entitled to upon the “clients” acceptance of H.A. Electrical Tech (pty) ltd services.   
  13. No work will be carried out by H.A. Electrical Tech (pty) ltd unless the client has paid the required 50% deposit upfront (where applicable) and/or any arrear invoiced amounts.   
  14. It is understood that the 50% balance (where applicable) is payable upon completion, the C.O.C will be handed over to the “client” once the full outstanding balance has been paid.   
  15.  The “client” acknowledges that H.A. Electrical tech (pty) ltd does not work on a 30-day period, all invoiced amounts are payable on the date of submission of invoice and/or as agreed upon by both parties and unless a dispute may arise.   
  16. The “client” further acknowledges that all materials supplied by H.A. Electrical Tech (pty) ltd will remain the property of H.A. Electrical Tech (pty) ltd until such time that all outstanding invoiced amounts have been paid in full.   
  17. Both parties agree and acknowledges that instructions given to H.A. Electrical tech (pty) ltd  to perform any electrical works by means of verbal, telecommunication, electronic communication and/or WhatsApp messages or by tacit agreement instructing H.A.Electrical tech (pty) ltd to proceed with any electrical works will be deemed as the “client” accepting H.A. Electrical Tech (pty) ltd.’s quote  and our client terms and conditions, whether reduced to in writing or given verbally, the "client" will subsequently be liable for the invoiced amount.   
  18.  H.A. Electrical tech (pty) ltd will not carry out any electrical works unless the “client” is aware and/or instructed H.A. Electrical tech (pty) ltd to carry out such works.   
  19.  H.A. Electrical reserves the right at its sole discretion to seize with all electrical works, if the "client" has defaulted in payment and will only commence with electrical works once all outstanding invoiced amounts has been paid in full.   
  20. The Client agrees to pay all costs resulting from any acts, omissions or requests of the Client Including disbursements, suspension of work, modifications of requirements, failure, or delay in giving requisite to enable work to proceed on schedule, or requirements that work be completed earlier than previously agreed.   
  21.  The Client has no right to withhold payment for any reason whatsoever, part there off or change the invoiced amount and agrees that any extension of time given for payment shall only be valid if reduced to writing and signed by the Client and a duly authorized representative of H.A. Electrical Tech (pty) ltd.   
  22.  The Client is not entitled to set off any amounts due to the Client by H.A. Electrical Tech (pty) ltd against its indebtedness to H.A. Electrical Tech (pty) ltd.  
  23. All discounts shall be forfeited if payment in full is not made on the due date. 
  24.  The Client agrees that the amount due and payable to H.A. Electrical Tech (pty) ltd may be determined and proven by a certificate issued and signed by an independent auditor. Such certificate shall be binding and shall be prima facie proof of the indebtedness of the Client.  
  25. Any printout of computer evidence tendered by any party shall be admissible evidence and the parties shall not object to the admissibility of such evidence purely on grounds that such evidence is computer evidence or that the requirements of the Electronic  Communications and Transactions Act 2002 have not been met. 
  26.  The Client agrees that if an Invoice is not settled in full within the period as agreed upon in point 15 above H.A. Electrical Tech (pty) ltd will be entitled    
  27. to forward a letter of demand using a third party demanding full and final payment.  
  28. Outstanding accounts are subject to default listing on a national Credit Bureau database.  
  29. On payment of the outstanding debt the default listing will be adjusted in accordance with the provisions of Section 71A of the National Credit Act, No 34 of 2005.  
  30. H.A. Electrical Tech (pty) ltd reserves the right to provide a national Credit Bureau with  updated personal information.  
  31. The Client also consents that the H.A. Electrical Tech (pty) ltd may use a national Credit Bureau database for tracing, should the Client abscond 
  32.  The Client hereby agrees that should they default on payment, H.A. Electrical Tech (pty) ltd can make this information available to the industry and affiliated businesses.  
  1. The Client agrees that interest shall be payable to H.A. Electrical Tech (pty) ltd at the maximum legal interest rate as prescribed in terms of the National Credit Act on any amounts in arrears, and that interest shall be calculated daily and compounded monthly from the date of acceptance of H.A. Electrical Tech (pty) ltd invoice. 
  2. The Client shall be liable to H.A. Electrical Tech (pty) ltd for all legal expenses incurred by H.A. Electrical Tech (pty) ltd on the attorney-and-own client scale in the event of any default by the Client. 
  3. Any litigation regarding the breach, validity, or enforceability of this Agreement. The Client shall also be liable for any tracing, collection or valuation fees incurred as well as for any costs including stamp duties, for any form of security that the H.A. Electrical Tech (pty) ltd may demand.  
  4. The Client shall pay five thousand Rand into court or furnish sufficient security in lieu of costs in any action instituted by or against the Client. 
  5. The Client agrees that H.A. Electrical Tech (pty) ltd will not be required to furnish security in terms of Rule 62 of the Rules of Court of the Magistrate’s Court or in terms of Rule 47 of the Supreme Court Act 59 of 1959 as amended.
  6. The Client expressly agrees that any debt owed to the H.A. Electrical Tech (pty) ltd by the Client shall become prescribed only after the passing of a period of ten years from the date the debt falls due.
  7. The Client irrevocably authorizes H.A. Electrical Tech (pty) ltd to enter its premises to repossess any products delivered, without a court order, and indemnifies H.A. Electrical Tech (pty) ltd completely against any damage whatsoever, relating to the removal of repossessed products.  
  8. The Client is not entitled to sell or dispose of any products or materials unpaid for without the prior written consent of H.A. Electrical Tech (pty) ltd. The Client shall not allow the products or materials to become encumbered in any manner prior to the full payment thereof and shall advise third parties of the rights of the H.A. Electrical Tech (pty) ltd in the products.  
  9. All quotations will remain valid for a period of 30 (thirty) days from the date of the quotation, or until the day of issue of any new pricelist, whichever occurs first, or unless otherwise specified in writing by H.A. Electrical Tech (pty) ltd.  
  10. Delivery and performance times quoted are estimates and are not binding on H.A. Electrical Tech (pty) ltd.  
  11. All quotations are subject to the availability of input goods or services and subject to correction of good faith errors by H.A. Electrical Tech (pty) ltd, and the prices are subject to any increase in the cost price, including currency fluctuations. 
  12.  If any products supplied to the Client are of a generic nature and have become the property of the Client by operation of law (confusion or commix Tio), the Client shall be obliged on notice of cancellation of the Agreement to transfer the same quantity of materials in ownership to H.A. Electrical Tech (pty) ltd.  
  13. In the event of the Client disputing the amount of the cost increase in point 11 above, the said amount may be certified by an independent auditor and such certificate shall be final and binding on the Client.  
  14. Notwithstanding the provisions of Clause 1 above, all orders or contracts of sale, or agreed variations thereto, whether oral or in writing, shall be binding and subject to this Agreement and may not be cancelled by the Client.  
  15. It is the responsibility of the Client to determine that the materials or services quoted on are suitable for the purposes of its intended use. H.A. Electrical Tech (pty) ltd gives no warranty, express or implied, concerning the suitability of any products or materials supplied by the Client for any purpose whatsoever.  
  16. H.A. Electrical Tech (pty) ltd reserves the right, at its sole discretion, to provide alternative products and/or materials at the prevailing prices to those ordered by the Client, should those products have been superseded, replaced, or otherwise become unavailable.
  17. Liability under Clause is restricted to the repair or replacement of faulty products or services, or granting of a discount, at the sole discretion of the H.A. Electrical Tech (pty) ltd. 
  18. The “client” and/or appointed Contractor acknowledges and accepts liability for any loss, damage, theft and/or negligence caused by another Sub Contractor which results in H.A. Electrical tech (pty) ltd to suffer financial loss, the replacement of such damage or stolen materials will be at the “client” and/or Contractor’s own costs. 
  19. Compliance
  20. H.A. Electrical undertakes that all electrical works which the “client” has appointed H.A. Electrical tech (pty) ltd to carry out, will be overseen by a qualified Electrician who has the necessary qualifications, thus ensuring that all electrical works are done within the Electrical Standards and Regulations.         
  21. Waiver/Indemnity · 
  22. The Client shall indemnify and hold free and harmless H.A. Electrical tech (pty) Ltd, its Directors, Members, Consultants, Labour Practitioners and employees from and against all costs, claims, losses, liabilities or damages (direct, indirect, consequential, or otherwise including reasonable attorney’s fees) and other related expenses) howsoever arising from or in connection with the performance of H.A. Electrical tech (pty) ltd whilst rendering electrical works under this agreement and/or as agreed upon.  
  23. Both parties agree that by making payment into H.A. Electrical tech (pty) ltd business account and/or instructs H.A. Electrical Tech (pty) ltd to proceed with electrical works before H.A. Electrical Tech (pty) ltd has given the "client" a quote, the “client” has read and accepts the terms and conditions of H.A. Electrical tech (pty) ltd and fully understand the contents thereof .       
  24. The invalidity of any part of this Agreement shall not affect the validity of any other part. In the Agreement any reference to natural persons includes legal persons and vice versa and references to any gender includes references to the other gender and vice versa.
  25. The Client hereby consents that H.A. Electrical Tech (pty) ltd shall have the right to institute any legal action in either the Magistrate’s Court or the High Court at its sole discretion.   
  26. This Agreement and its interpretation are subject to South African law and the Client consents to the exclusive jurisdiction of the South African Courts referred to in Clause 74  
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