CyberDyne (Pty) Ltd. - Account Registration

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Terms and Conditions

1. The customer agrees that (a) this contract represents the entire agreement between the Customer and CyberDyne Systems S.A. (Proprietary) Limited (hereinafter called “CyberDyne”) and that no alterations or additions to this contract may be effected unless agreed to by both parties, reduced to writing and signed by the customer and a duly authorised representative of CyberDyne.
2. The Customer hereby acknowledges that he/she has read and understood each term of this agreement and accepts them as binding.
3. The Customer warrants that the signatory on the reverse side has been duly authorised to contract on its behalf.
4. In the event that payment to CyberDyne has been made in the form of a direct bank deposit or transfer (EFT), goods will only be released for collection / delivery purposes once CyberDyne’s bankers
have confirmed that the funds are available as cash and cleared.
5. The granting of credit, will be determined by management. CyberDyne reserves the right at its sole discretion to terminate Customer credit facilities for any reason whatsoever at any time without prior
notice to the Customer.
6. The Customer Agrees that interest shall be payable on any monies due to CyberDyne at 2% (two percent) above the prime rate of interest charged by CyberDyne’s bankers from time to time, from due
date to date of payment.
7. Ownership of all goods supplied remains vested in CyberDyne until payment in full.
8. The Customer has no right to withhold payment for any reason whatsoever.
9. CyberDyne will not be liable for any loss of profit or any damage, direct or indirect, consequential or otherwise sustained by the Customer and whether or not caused by the negligence of CyberDyne, its
sub-contractors, its agents or employees.
10. The price of all goods supplied by CyberDyne excludes packaging and forwarding costs. Under no circumstances will goods be released for forwarding purposes until all shipping and packaging costs
are settled in full.
11. The return of goods for credit will be accepted solely at the discretion of CyberDyne and then only if the goods are returned within seven (7) calendar days of purchase and the goods are returned in their
original, undamaged packaging and are not defective in any manner whatsoever. In the event of CyberDyne agreeing to pass a credit, the amount to be credited to the Customer will be the CURRENT
PRICE as per the day of return OR the ORIGINAL PRICE PAID – whichever is the lesser of the two. CyberDyne reserves the right to levy handling charges (minimum ten (10) percent) depending on the
condition of the returned goods. Credit Card purchases will automatically attract a 5% handling fee if credited.
12. Products are not guaranteed against failure as a result of power surges, acts of GOD such as lightning, physical damage, including, but not limited to dents, scratches, missing components, bent or broken
connecting pins and burn marks. CyberDyne reserves the right to thoroughly examine any product returned prior to rendering warranty service and in particular those products returned with burn marks,
including but not limited to UPS, Power Supply, Modem & CPU products to verify if the units malfunction is a result of a power surge/lightning strike or in the case of CPU’s, operation without a thermal
device or Overclocking.
13. Payment of the full purchase price of the goods shall be effected prior to delivery, unless credit terms have been granted in writing by CyberDyne, in which event payment shall be effected within such
relevant period allowed.
14. Orders not collected from our premises within seven (7) calendar days of the order being placed will automatically be cancelled and returned to inventory. Orders that are to be shipped to Customers, not
paid for within forty eight (48) hours of the order being confirmed with CyberDyne, will also be automatically cancelled.
15. To be valid, guarantee claims must be supported by the original Tax Invoice and the undamaged packaging of the goods. All guarantees are immediately null and void should any equipment be tampered
with or should the seals on the equipment be broken by anyone other than CyberDyne. Under no circumstances will CyberDyne be liable for damage arising from misuse or abuse of the goods.
16. Goods supplied in component format are only covered by the original factory warranty. No labour warranty applies to product supplied in component format. Product returned in semi/fully assembled format,
originally supplied in component format will incur labour charges at CyberDyne’s prevailing rate. To avoid labour charges should product need to be returned, please return the goods in the same format
as was originally supplied.
17. Liability under clause 15 & 16 is restricted to the cost of repair or replacement of faulty goods or services or granting of a credit at the sole discretion of CyberDyne. It is the duty of the customer to return
any defective goods to the premises of CyberDyne at the Customer’s own cost.
18. Defective items returned under RMA via courier or postal services to CyberDyne will only be accepted if a legible fault report is included and a valid CyberDyne issued RMA number is quoted.
19. Removal of the CyberDyne marked warranty sticker will immediately render the product warranty null and void.
20. The Customer hereby agrees that any item handed in for repair may be sold by CyberDyne to defray the cost of such repairs should the item remain uncollected within thirty (30) days of the Customer
being notified that the repair has been completed.
21. All quotes will only be valid if in writing and duly signed by CyberDyne and will remain valid for a period of seven (7) days from the date of the quote.
22. In the event that between the date of product costing and acceptance of the order, increases occur in the cost to CyberDyne of the goods or of material, custom or import duties, value added or similar
taxes or other levies of any type, road or rail transportation rates, postage, labour costs, any variation in rates of exchange, insurance, or any other increase in the cost of the goods, material, commodities
or services beyond CyberDyne’s control, the order prices shall be increased accordingly without notice. A written statement by a director of CyberDyne shall be conclusive proof of any such increase and
shall be final and binding upon the Customer.
23. The Customer agrees to the standard rates of CyberDyne for any goods or services rendered, which rates may be obtained on request. Rates are subject to change without prior notice.
24. The risk of damage or destruction or theft of goods passes to the Customer on delivery of the goods.
25. For the purpose of all or any proceedings herein, the Customer consents to the jurisdiction of the Magistrate’s Court having jurisdiction under Section 28 of the Magistrate’s Court Act of 1944, as amended,
notwithstanding that the amount in dispute exceeds the jurisdiction of such Court. Notwithstanding the aforegoing, CyberDyne shall have the right, at its sole option and discretion to:
(a) institute proceedings in any other competent Court which might otherwise have jurisdiction; alternatively
(b) at its sole and absolute discretion submit the matter to arbitration by giving the Customer ten (10) days written notice of its election to do so, in which event the matter shall be determined before an
Arbitrator appointed by the Chairman of the Johannesburg Bar Council whose decision shall be final and binding upon the parties.
26. Should the Customer fail to make payment to CyberDyne on due date or fail to honour any of its obligations in terms hereof on due date, or should a judgment be granted against the Customer or should
the Customer’s estate be liquidated/sequestrated/placed under judicial management, provisionally or finally, or should the Customer propose an offer of compromise or offer of composition to its creditors,
or if in the case of the Customer being a close corporation or company, should its member/s or shareholder’s wind-up the Customer, whether provisionally or finally, CyberDyne shall be entitled, without
prejudice to its other rights in terms thereof or at law to:
(a) terminate this contract without notice whereupon CyberDyne shall not be obliged to deliver any further goods to the Customer and the Customer shall be obliged forthwith, without notice, to make
payment to CyberDyne for all goods already delivered to the Customer pursuant hereto or, in the discretion of CyberDyne to return such goods to CyberDyne; or
(b) obtain payment from the Customer of the full amount owing by the Customer to CyberDyne in terms hereof and from whatsoever other causes arising notwithstanding that the due date for payment
thereof would not otherwise have arrived, in which event CyberDyne shall be entitled to withhold delivery of the goods subject to payment of all such amounts having been made; and
(c) in either of such events mentioned in (a) and (b) CyberDyne shall incur no liability to the Customer for damages and the Customer shall be liable to CyberDyne for such damage as CyberDyne may
have suffered by reason of the Customer’s breach and/or the exercise of CyberDyne’s rights aforesaid.
27. In the event of CyberDyne instructing its Attorneys to recover money or goods from the Customer, the Customer agrees to be liable for and shall pay to CyberDyne and/or its Attorneys, all legal costs
incurred by CyberDyne on the Attorney and own client scale, including Attorneys charges in respect of collection commission and any company search, deeds office search and tracing agent’s charges
which may be incurred.
28. The Customer hereby chooses as its domicilium citandi et executandi their physical address reflected on the face hereof. All notices and processes arising out of or in connection with this agreement may
be served on them at this address. The Customer is obliged to notify CyberDyne in writing of any change of their address within seven (7) days of such change of address, whereafter such new address
shall become the Customer’s domicilium.

I have read, understood and accepted your Standard Terms and Conditions.