Terms and Conditions

PRO SALES BROADCAST (PTY) LTD
STANDARD ONLINE TERMS & CONDITIONS OF SALE

1. DEFINITIONS
1.1. “Company” means Pro Sales Broadcast (Pty) Ltd trading as Pro Sales Broadcast , or its successor;
1.2. “Customer/s” means the party who or which purchases the Products from the
Company, and includes the Customer’s representatives, successors and
permitted assigns, and shall also include, where applicable, any user of the
Website;
1.3. “CPA” means the Consumer Protection Act, 68 of 2008;
1.4. “Contract” means any contract or agreement arising out of the acceptance of
any offer, whether that contract arises out of an offer made by the Company and
accepted by the Customer, or an offer made by the Customer and accepted by
the Company, and includes the terms and conditions of any agreement between
the parties regarding installation, if applicable;
1.5. “ECTA” means the Electronic Communications and Transaction Act 2 of 2002;
1.6. “Products” means the products sold to the Customer by the
Company which form the subject matter of the Contract, including but not
limited to broadcast accessories and film consumables;
1.7. “Website” means <INSERT WEBSITE ADDRESS>.

2. IMPORTANT NOTICES
2.1. This document contains the standard terms and conditions of sale on
which the Company sells the Products or provides the services to
Customers.
2.2. These terms and conditions shall be binding between the parties for all
current and future online sales of the Products, unless the parties have
signed new terms and conditions.
2.3. If the Customer is a consumer for the purposes of the “CPA”, then the
provisions of clauses 13.2.4 and 14.4 will not apply to the Customer for the
provision of the services or the sale of the Products to the Customer by the
Company.
2.4. Nothing in this agreement is intended to or must be understood to
unlawfully restrict, limit or avoid any rights or obligations, as the case may
be, created for either of the Customer or the Company in terms of the CPA.

3. INTRODUCTION
1. The Company (registration number: <insert registration number>) is in the
business of <insert business description>, and a representative of the Company
can be contacted at <insert physical address>, <insert email address> or <insert
telefax>.
2. The Website is run by the Company.

4. GENERAL
4.1. These standard online terms and conditions form the entire agreement between
the parties. No other terms or conditions, whether express, tacit or implied shall
apply to a Contract irrespective o f t h e c i r c u m s t a n c e s u n d e r which
t h e Contract a r o s e . No alteration or variation of these terms and
conditions shall be of any force or effect unless and until recorded in writing
and approved by the Company. All provisions and the various clauses of this
contract are, notwithstanding the manner in which they have been grouped
together or linked grammatically, severable from each other. Any provision or
clause of this contract which becomes unenforceable in any jurisdiction,
whether due to voidness, invalidity, illegality, unlawfulness or for any other
reason whatsoever, shall, in such jurisdiction only and only to the extent that it is
so unenforceable, be treated as not forming part of the contract and the
remaining provisions and clauses of this contract shall remain of full force
and effect.
4.2. These standard online terms and conditions of sale may be periodically modified
and/or amended by the Company at any time and in their sole discretion, and it is
the Customer’s responsibility to ensure that they are familiar with the updated and/
or amended terms. The Customer’s continued use of this Website signifies the
Customer’s acceptance hereof.

5. PURCHASE PRICE
5.1. Prices of the Products are displayed with each Product on the Website and may
be withdrawn and/or altered by the Company at any time.
5.2. All prices quoted on the Website exclude VAT, charges for installation of the
Products, surcharges and delivery, unless otherwise stated therein.
5.3. Where a Product is offered on discount or at a particular price the Company will
not be held liable where a sale cannot be concluded because such discount or
particular price can no longer be offered to the Customer as the purchase price of
the Product has increased, for whatsoever reason, between the period of adding a
Product to a shopping trolley and the Customer attending to the checkout and
payment of the Product.

6. ACCEPTANCE OF CONTRACT
6.1. Any Product selected by the Customer may either be placed in a shopping trolley
or added to a Customer’s wishlist. Placing Products in either a shopping trolley or
wishlist does not constitute a contract of sale between the parties and the
Company cannot be held liable for any reason whatsoever if the Product is not
available when the Customer wishes to checkout and complete the purchase
process. The Company furthermore reserves the right to unilaterally remove a
Product from a Customer’s shopping trolley and/or wishlist should the selected
Product no longer be available or in stock.
6.2. A contract shall come into existence and effect if and when a credit card
authorisation is received from the issuing bank alternatively a deposit received into
the Company’s nominated bank account resulting from an electronic funds transfer
within 5 (five) days from the completion of the checkout process.
6.3. The Customer’s order or acceptance of a price quoted on the Website is
binding on the Customer and in the event that the Customer cancels the order
or accepted quote, the Company may charge the Customer a reasonable
cancelation fee, taking into account expenses incurred by the Company and
commitments made by the Company.
6.4. Notwithstanding what is contained in clause 6.3, the Customer may not
cancel an order or accepted quote where that order relates to Products that
the Company has been expressly or implicitly required or expected to procure,
create or alter specifically to satisfy the Customer’s requirements.
6.5. The Customer acknowledges that it is aware that the Company’s sales persons,
where applicable, have no authority to vary these standard terms or conditions
of online sale and the Company assumes no liability and shall not be bound by
any statements, warranties or representations made by such sales persons save
as expressly stated in writing and signed by a manager or director of the
Company, duly authorised.
6.6. The Company may cancel any orders made by the Customer, in part or in full,
without reason and shall be liable only to refund to the Customer monies already
paid in respect to the cancelled Product.
6.7. While the Company makes every effort to ensure that the information and stock
listing on their Website it correct and accurate the Company will not be held liable
for any inaccuracies and will endeavour to inform the Customer of any delays or
Products out of stock.

 

7. PRODUCT AVAILABILITY
7.1. The stock quantities of each individual Product on offer for sale on the Website are
limited.
7.2. The Company endeavours to take all reasonable steps to remove a Product from
the Website or indicate on the Website accordingly that the specific Product is out
of stock.
7.3. Should a Product be sold to the Customer that is out of stock, the Company will be
liable to refund the Customer where the Company is unable to fulfil the order of the
Product at the advertised purchase price. The Company shall inform the Customer
of any change in the delivery date where a Product is out of stock but the order is
able to be fulfilled as aforementioned.

8. PAYMENT
8.1. Payment of the purchase price of the Products, including VAT and any other
applicable costs, shall be made to the Company, without deduction or set-off, upon
order of the Products by the Customer and upon checkout on the Website.
8.2. The Products shall not be collected from or delivered to the Customer without full
payment of the purchase price having been made by the Customer to the
Company, and the checkout purchase process being completed.
8.3. Ownership in the Products shall not vest in the Customer and shall remain with the
Company until such time as the full purchase price, including all and any additional
and applicable costs have been paid by the Customer to the Company.
8.4. Payment may be made via:
8.4.1. Visa, Mastercard, Diners or American Express credit cards or debit cards in
accordance with clause 8.7; or
8.4.2. made by bank transfer into the Company’s nominated bank account, the details of
which will be provided upon the request of the Customer.

8.5. Should the Customer request to make payment by bank transfer then such
payment shall be reflected in the bank account of the Company within 5 (five) days
of the online checkout purchase process having been completed. Should the
purchase price not reflect in the Company’s nominated bank account as
aforementioned then the Company may sell the Product to a third party in order to
defray costs and the Customer shall have no claim whatsoever against the
Company in such circumstances. This shall not release the Customer from liability
and/or damages in respect thereof, as the case may be.
8.6. Should the Customer fail to make any payment on due date then all amounts
owing by the Customer to the Company from whatsoever cause will immediately
become due and payable by the Customer and the Customer shall immediately
forfeit all discounts of whatsoever nature which may have been expressly
granted to it by the Company.
8.7. Credit card transactions will be acquired for the Company via Paygate (Pty) Ltd
(“Paygate”) who are the approved payment gateway for Standard Bank of South
Africa Limited. Paygate uses the strictest form of encryption, namely Secure
Socket Layer 3 (“SSL3”) and no credit card details are stored on the Website. The
Customer may visit Paygate’s website at www.paygate.co.za to view their security
certificate and security policy.
8.8. The Customer’s personal details will be stored by the Company separately from
the Customer’s credit card details which are entered by the Customer on the
Paygate secure website.
8.9. The Company’s outlet country at the time of presenting payment options to the
credit card holder is South Africa and the transaction currency is South African
Rand.

9. DELIVERY OF THE PRODUCTS
9.1. Delivery of the Product shall take place at the address specified by the Customer
on the Website and the Customer shall be deemed to have accepted the Product
upon their delivery to such address. The Customer shall make all necessary
arrangements to take delivery for the Product whenever they are tendered for
delivery.
9.2. The Customer undertakes to notify the Company forthwith in writing of any change
in address timeously.
9.3. The Product may be collected directly from the Company if agreed to in writing
between the parties.
9.4. Deliveries take place during normal business hours from Monday to Friday, unless
otherwise agreed between the parties, and all deliveries will be subject to a
delivery fee calculated according to the delivery address of the Customer. This
delivery fee will be communicated to the Customer at the time of placing the order
for the Product and will be paid for by the Customer at the time of completing the
checkout process and making payment for the Product. Additional delivery fees
will be charged to the Customer in instances where delivery is impossible due to
inaccessibility and/or failure to adhere to appointment time.
9.5. The Customer agrees that the signature of the Customer, any agent, contractor,
sub-contractor or employee of the Customer on the Company’s official trip sheet /
delivery note / invoice / waybill, or the delivery note of any authorised independent
carrier will constitute delivery of the Product purchased. Delivery shall furthermore
be deemed to have taken place against proof of posting if the Product is posted to
the Customer or delivery to the South African transport services or road carriers if
the Products are railed or transported by the Company to the Customer in this
manner. The post office / South African transport service / road carrier shall act as
an agent of the Customer.
9.6. The Customer acknowledges that the delivery dates given by the Company in
advance are estimated. The Company will use its best endeavours to ensure
that delivery is completed as soon as is reasonably possible after the estimated
delivery date. Notwithstanding the aforegoing, the Company shall not be liable
for failure to perform or delay in performance hereunder resulting from any
cause beyond the Company’s control, fire, labour difficulties, transportation
difficulties, interruptions in power supply (including but not limited to what may
be termed “load shedding” or “black-outs”) and delays in usual sources of
supply, major changes in economic conditions, breakdown of machinery or any
cause beyond the Company’s control, or whether caused by negligence or
otherwise.
9.7. If Products, when ordered together, have various delivery dates then the date of
the Product which is latest in time shall be the estimated date of delivery of all the
Products specified in the order, unless the Customer requests part delivery of
certain Products, subject to additional delivery fees.
9.8. If the Company is unable to deliver the Product to the Customer for reasons
beyond its control, then the Company shall be entitled to place the Product in
storage until such time as delivery may be affected and the Customer shall be
liable for any expense associated therewith, including, without limitation, storage
costs.
9.9. Subject to a quote or written agreement between the parties providing to the
contrary, risk in and to the Products shall pass to the Customer upon delivery,
regardless of whether or not the Company has agreed to effect installation of
the Products.
9.10. The Customer shall immediately upon receipt of the Products from the Company
be allowed to inspect the Products and the Customer must inform the
Company of any errors by way of written notice, to be received by the
Company within 10 (ten) days of receipt of the Products by the Customer.
Should the Customer fail to notify the Company of any claim the Customer
may have in terms hereof within the specified 10 (ten) day period such failure
shall constitute a complete waiver of any such claim.
9.11. Any of the Products delivered to the Customer in error will only be considered
for return by the Company provided that such Products are undamaged, have
not been tampered with in any way and are not defaced in any way.
9.12. If the Customer, due to some fault of its own, cannot accept or should it
request the Company in writing to suspend or delay delivery of the Products, the
Company reserves the right to claim any additional costs, including storage
costs, involved from the Customer.