Terms and Conditions
Standard Terms And Conditions Of Service
1. Definitions
1.1. “this Agreement” means these Standard Terms and Conditions of Sale as read with the Company’s service contract;
1.2. “the Company” means AIEQ Systems (PTY) Ltd, including its associated and subsidiary companies, successors-in-title and assigns;
1.3. “the Customer” means the party indicated on the service contract, alternatively the party to whom the Company is providing the Service;
1.4. “the Service” means the service provided by the Company to the Customer at the latter’s specific instance and request;
1.5. “Service contract” means the Company’s written hard copy service contract that may exist in addition to these standard terms and conditions.
2. This Agreement
This Agreement shall govern the provision of Services by the Company to the Customer and will take precedence over any other terms and conditions which may be contained elsewhere. No variation to this Agreement will be valid unless recorded in writing in a single document and signed by both parties. The existence of this Agreement in electronic format only shall not deviate for any reason whatsoever from the validity of the terms and conditions contained herein.
3. Changes To This Agreement
The company shall have the right at any time to change or modify the terms and conditions of this agreement, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on AIEQ Systems (PTY) Ltd, or by electronic or conventional mail, or by any other means by which User obtains notice thereof.
Any use of AIEQ Systems (PTY) Ltd by User after such notice shall be deemed to constitute acceptance by User of such changes, modifications or additions.
4. Credit Facilities
4.1. The Customer acknowledges that the granting of any credit or credit facilities to it by the Company is in the sole discretion of the Company.
4.2. The Company reserves the right to suspend or withdraw the Customer’s credit facilities at any time and acknowledges that the Company can call for payment of the full outstanding balance in such circumstances.
4.3. The Company also reserves the right to amend or alter existing terms of credit between the Customer and itself.
5. Orders For Services
5.1. The Company shall be entitled to insist on a written order being received from the Customer from time to time in the Company’s discretion.
5.2. Any order received by the Company, whether orally, e-mailed or in writing, shall constitute an irrevocable offer to purchase the Services on the terms and conditions pertaining to each transaction.
5.3. In the event of the customer not entering into a fixed term service contract with the company (either for 6, 12 or more months), this agreement may be terminated by one party giving the other two calendar month’s written notice.
5.4 By accepting the quote or making a payment in relation to the quote or invoice, the client acknowledges and explicitly agrees to abide by the terms and conditions stipulated therein. This acceptance constitutes a legally binding agreement between the client and the provider, with all terms and conditions outlined in the quote or invoice being fully enforceable
6. Customer’s Compliance
6.1. The Customer acknowledges that it is imperative for it to comply with all prevailing laws and regulations relating to the Service.
6.2. The Customer acknowledges that should it, for any reason whatsoever, have been the cause, either directly or indirectly, of a breach of the laws and regulations pertaining to the utilisation by the Customer of the Service, the Company shall have the right to recover whatever damages it may suffer directly from the Customer.
6.3. The Customer is responsible for all use of The Customer Account (under any screen name or password) and for ensuring that all use of The Customer’s Account complies fully with the provisions of this Agreement. The Customer shall be responsible for protecting the confidentiality of The Customer password(s), if any.
7. Prices
7.1. The Company’s prices will be set out on its quotations either in writing or verbally given to Customers.
7.2. The Company reserves the right to change the prices of the Service from time to time in its discretion.
7.3. The Company reserves the right to vary any quoted price by adding thereto increased costs which need to be levied due to circumstances beyond the Company’s control, for example fluctuations in the exchange rate of the Rand.
7.4. Some packages offered by The Company may change from time to time to accommodate industry standard changes. The details of these packages are laid out in the Purchasing Terms and Conditions.
8. Payment
8.1. The Customer shall effect payment for the Services to the Company strictly within the period specified by the Company in its invoice and/or statement.
8.2. The Customer will be liable to pay the Company interest should any sum be paid late.
8.3. Such interest will be levied at the prime lending rate charged from time to time by First National Bank plus 2% (two percent).
8.4. The Customer shall not be entitled, for any cause whatsoever, to withhold, deduct from or defer any amount due by it to the Company.
8.5. Should the customer fail to pay the company any sum as invoiced within the time specified per invoice, the customer will be in breach of this agreement, which may result in suspension, termination or fines being levied against the customer’s account.
8.6. Overage Charges: In the event that the customer or partner exceeds the agreed-upon consumption limits specified in the base agreements for software licenses or services, whether calculated per gigabyte (GB), per unit, or per workload, such excess usage shall be subject to separate invoicing within the month in question, distinct from the previously agreed-upon amount. The client hereby agrees to promptly settle any additional invoices for oversusage.
9. Delivery Of Service
9.1. The Company undertakes to take all necessary reasonable steps to ensure the provision of the Service to the Customer expeditiously and continuously.
9.2. However the Company points out that due to the nature of the Service, interruptions and delays in the provision thereof can and do occur and any such delay or failure to provide the Service will not constitute a breach of these terms and conditions on the part of the Company. The Customer will be liable to effect payment thereof regardless.
9.3. The Customer shall be responsible for obtaining and maintaining all telephone, computer hardware, software and other equipment needed for access to and use of AIEQ Systems (PTY) Ltd and all charges related thereto.
10. Ownership And Risk
10.1. The Customer acknowledges that ownership in and to all of the intellectual property which is provided to the Customer in providing the Service is owned by the Company.
10.2. The Company is entitled to take all reasonable steps to protect such intellectual property against infringement even if this involves jeopardising the provision of the Service to the Customer.
11. Warranties
11.1. The Company does not warrant that the Service will provide the Customer with the exact form of performance the Customer may have required.
11.2. The Customer acknowledges again due to the nature of the Service that the capacities and scope of the Service might fall short of the Customer’s requirements but same shall not give rise to the Customer having any right to withhold payment.
12. Non-Transferability
12.1. Notwithstanding that the Company is providing the Service to the Customer, the latter shall not be entitled to transfer or otherwise deal in the Service with third parties.
12.2. The Customer shall not attempt to copy, replicate or otherwise take advantage of the Service to the benefit of third parties.
13. Confidential Information
The parties acknowledge that during the provision of the Service, confidential information may be exchanged between them and each of them acknowledge the existence of such confidential information and undertake to keep same confidential.
14. Limitation Of Liability
The Company will not be liable for any loss or damage of any nature and howsoever arising which may be suffered by the Customer as a result of or in connection with the utilisation of the Service by the Customer, whether indirect, consequential, delictual or otherwise.
15. Breach
If the Customer breaches any provision of this Agreement (including the Spam Policy, tampering, Acceptable Use Policy, and all Legal documentation relating to the use of AIEQ Systems (PTY) Ltd) the Company shall be entitled to terminate the Agreement and to suspend the provision of the Service with immediate effect.
16. Force Majeure
The Company will not be liable to the Customer for failing to perform any of its obligations in terms of this Agreement as a result of an act of God or any cause beyond its control.
17. Legal Provisions
17.1. This Agreement and all transactions between the Customer and the Company shall be governed by and construed in accordance with the laws and regulations of the Republic of South Africa.
17.2. The South African Courts will have exclusive jurisdiction to adjudicate any dispute arising from or related to this Agreement.
17.3. The Company shall, at its option, be entitled to institute action in the Magistrate’s Court notwithstanding that the amount of its claim exceeds the jurisdiction of such Court. This provision shall not preclude the Company from instituting action against the Customer in any other competent Court with jurisdiction.
17.4. A certificate issued by any manager or director of the Company, whose authority, appointment and signature it shall not be necessary to prove, that purports to certify any indebtedness of the Customer to the Company, provision of the Services to the Customer, or any other fact shall constitute prima facie proof of such indebtedness or delivery or the Company’s ownership or any other fact.
17.5. The Customer shall be liable for the Company’s legal fees in the event of the Company enforcing or defending its rights hereunder on an attorney and own client scale, including Counsel’s fees on brief, tracing agent’s fees and collection charges.
17.6. The Service may be accessed throughout South Africa and overseas. AIEQ Systems (PTY) Ltd makes no representations that the Services comply with the laws (including intellectual property laws) of any country outside South Africa. If you access the Services from outside South Africa, you do so at your own risk and are responsible for complying with the laws in the place where you access the site.
18. Domicilium
The Customer chooses its physical address as set out in the account information supplied during the online registration process on the website as its domicilium citandi et executandi for all purposes under this Agreement. The Customer may change its domicilium by furnishing the Company with 7 (seven) days written notice of its new physical address.
19. General
19.1. This Agreement constitutes the entire agreement between the parties. No party shall be entitled to rely upon any term, warranty, guarantee, condition or representation, unless it is contained herein.
19.2. No amendment of this Agreement and extension of time, waiver or relaxation of any of the provisions of this Agreement shall be binding, unless recorded in a single document signed by both of the parties.
19.3. No relaxation or indulgence shall prejudice or be deemed to be a waiver of any of the Company’s rights hereunder.
19.4. Each provision of this Agreement is severable, the one from the other. If any provision is found to be defective, unlawful or unenforceable for any reason, the remaining provisions shall continue to be of full force and effect.
19.5. The rule of construction that this Agreement be interpreted against the party responsible for drafting this document shall not apply.
19.6. Provisions in this Agreement that by their very nature are intended to survive the termination, cancellation or completion of a sale shall survive such termination, cancellation or completion.
Address
345 on Main, 345 Main Avenue, Ferndale, Randburg, 2194
za-sales@aieq-systems.com
accounts@aieq-systems.com
support@aieq-systems.com
Phone
(+27) 011 613 7778
Monday – Thursday: 8am – 5pm
Friday: 8am – 4pm
Saturday: 8am – 9pm (Email Support Only / Best Effort)
Sunday: 9am – 5pm (Email Support Only / Best Effort)
STANDARD TERMS AND CONDITIONS OF SALE
1. General
1.1. These Terms and Conditions shall apply to every quotation, order and agreement AIEQ Systems (PTY) Ltd(“the Company”) and you, “the Customer”, and shall also apply to any products supplied to the Customer by third parties engaged by the Company.
1.2. The Company reserves the right to amend Terms and Conditions as necessary.
1.3. Any reference by the Customer to its own purchasing terms, or other terms and conditions, shall not be accepted by the Company and shall not be incorporated by reference into these Terms and Conditions.
1.4. These Terms and Conditions are governed by the laws of the Republic of South Africa.
1.5. If any provision of these Terms and Conditions is rendered void, illegal or unenforceable in any respect under any law it shall be severable from these Terms and Conditions, and the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
1.6. Any indulgence of extension of time granted by the Company to the Customer shall not be construed as a waiver or variation of any of the Company’s rights or remedies.
2. Quotations
2.1. All prices quoted by the Company exclude Value Added Tax.
2.2. Any quotation by the Company is valid and open for acceptance for a period of 7 (seven) days from the date of the quotation, unless the Company agrees otherwise in writing.
2.3. Any quotation provided by the Company may be affected if there is any change to:
2.3.1. the quantities of products to be ordered;
2.3.2. ruling exchange rates, any duties and surcharges levied by the relevant authorities, and applicable transport costs and clearing agent charges applicable as at the date of the quotation;
2.3.3. supplier pricing applicable as at the date of the quotation.
2.3.4. The Company accordingly reserves the right to revise the prices charged for certain products in the event that any of the factors listed above changes between the date of the quotation and the date on which the Purchase Order is received from the Customer. The Customer will be notified in writing of such changes.
2.4. If a quotation is provided in connection with any products noted as existing stock on hand, such quote is subject to the condition that such products have not been sold before the order is confirmed by the Customer.
3. Acceptance of Quotations/Placing of Orders
3.1. The Customer may accept a quotation and place an order, by returning an authorised official Purchase Order document to the Company.
3.2. The placing of any order regarding any products or services offered by the Company shall be deemed to constitute acceptance of these Terms and Conditions.
4. Credit Facilities
The Company may, at its sole discretion, provide credit facilities to certain of its Customers. Provided that the Customer meets the Company’s credit requirements and conditions, the Invoiced Amount shall be payable by the Customer within 7 (seven) days from the date of statement.
5. Carriage
Unless otherwise specified, prices quoted are Ex Works Johannesburg. All other transport cost by rail, road or air are for the Customer’s account.
6. Payment – Account-holders
6.1. On delivery of the goods, the Company will issue an invoice to the Customer for all amounts owing in terms of the order (“the Invoiced Amount”).
6.2. Subject to the provisions of paragraph 4, payment of the Invoiced Amount must be received by the Company in full within 7 (seven) days of the date of the statement, either in cash, or by means of an electronic funds transfer, free of any deductions, bank charges and set-off.
6.3. The Company reserves the right to request deposit of 50% from the Customer of the Purchase Order Amount at the time of placing the order where the order is in respect of any products:
6.3.1. to be specially imported; or
6.3.2. which are subject to the Customer’s specific requirements; or
6.3.3. which do not ordinarily comprise part of the Company’s product offering.
6.4. The Customer is to provide proof of payment of any Invoiced Amount or deposit to the Company.
6.5. In the event that any amount is not paid on the due date for such payment, the Company shall be entitled, without prejudice to any other rights it may have against the Customer, to levy interest on such overdue and/or outstanding amounts (at the highest applicable rate allowed by law). Interest shall be calculated from the due date of payment until the actual date on which payment is received.
6.6. Any payments received from a Customer shall be applied to the Customer’s indebtedness with the Company in the Company’s sole discretion.
7. Payment – Non Account-holders
7.1. The Customer shall pay a deposit of 100% of the Pro-Forma Invoiced Amount at the time of placing the order.
7.2. No order shall be placed with the supplier by the Company prior to payment of the Pro-Forma Invoiced Amount being received in full.
8. Penalties and Damages
8.1. In the event that a Customer cancels a Purchase Order on a date after the Company has placed an order with a third party supplier, then the Company shall be entitled to:
8.1.1. retain any deposit paid by the Customer; or
8.1.2. charge the Customer costs that may have been incurred by the Company as a result of any cancelled order, including an administration fee up to 7.5% of value of order,
8.1.3. whichever is the greater.
8.2. In the event that the Customer purports to cancel an order which was placed in relation to any product or equipment to be specifically manufactured or modified to the Customer’s specifications, the Company shall be entitled to refuse to return any amounts paid in connection with such order, and no credit shall be granted on the return of such product.
9. Delivery and Risk
9.1. The quotation provided by the Company may include an estimated delivery date. The period specified for delivery on the Company’s quotation shall commence from final settlement of specifications or final approval by the Customer of a sample, if relevant, or payment of the deposit and not from the date of acceptance of an order, tender or contract.
9.2. Delivery times provided to the Customer are of an indicative nature only. Accordingly, the Company shall not be liable for any delays in circumstances where it has not expressly guaranteed a delivery time or date. The Customer shall not be entitled to terminate these Terms and Conditions or cancel any order, nor shall the Company be liable to the Customer for any loss or damage arising from a delay in delivery of any order.
9.3. The Company cannot always guarantee the availability of products.
9.4. Delivery is free of charge to main centres only and shall be made to the street level at the address provided by the Customer and excludes any off-loading of the products purchased from the delivery vehicle, positioning and set-up unless otherwise agreed between the Company and the Customer in writing. The Customer shall provide, at its own cost, the necessary labour, equipment or facilities required for the off-loading of products from the delivery vehicle and placement thereof at the premises of the Customer.
9.5. Damage or Loss in transit:
9.5.1. The Company shall accept responsibility for any damages or shortages in or loss of products in transit only where it delivers the goods, and provided that the Customer reports such damage, shortage or loss in writing within 3 (three) days of the delivery date.
9.5.2. The risk in respect of products purchased passes to the Customer when the order is collected from the Company’s warehouse by the Customer or by a third party nominated by the Customer. The Customer shall take out the appropriate insurance cover in respect of said products in transit
10. Additional Services
All quotations exclude the Company’s charges with regard to the installation, commissioning, calibration and validation of equipment, unless specifically specified on the quotation and associated invoice.
11. Ownership
11.1. Notwithstanding delivery of any product, the ownership of all products sold remains vested in the Company until the Invoiced Amount has been paid in full.
11.2. Where identical goods not bearing serial numbers are sold under different invoices and then on-sold by the Customer, same shall be deemed to have been on sold on a ‘first in – first out’ basis
12. End Use
The Customer is solely responsible for confirming the suitability of any product for the use contemplated by the Customer
13. Tolerances
All products supplied by the Company, will be manufactured within limits and tolerances which are reasonable in the trade and meet any regulatory standards which may be applicable in law. If any special accuracy with regard to limits and tolerances is required, the Customer must state, in writing, the required maximum and minimum limits.
14. Warranties
14.1. The Company will use its best endeavours to ensure that goods are supplied in working order and compliant with applicable specifications.
14.2. Unless the Customer has specifically informed the Company of the intended use of the product, the Company does not warrant that the Products purchased by the Customer will be fit for the intended purpose. In any event, where the Customer has ordered any product or equipment which requires particular calibration or modifications required to fit such purpose, the Company shall not provide any warranty for same, and the Customer shall be obliged to rely on the manufacturer’s warranty, if any.
14.3. The Company warrants that any product supplied by it shall be free from defects in workmanship which may arise during a period of 1 (one) year, determined from the date on which the product is invoiced (“Warranty Period”), subject to the following provisions of this paragraph
14.
14.4. The liability of the Company shall be limited to the replacement or repair of the product or any part thereof in order to eliminate any defect in workmanship or materials, which defects the Company shall have been notified in writing by the Customer within 48 (forty eight) hours after the defect arises (which notice shall specify the alleged defect), provided that the Company shall have been given a reasonable opportunity of inspecting any alleged defect and provided further that:
14.4.1. the products have been subject to normal use in a manner which is consistent with the specification, functionality and service standards described in the relevant product description;
14.4.2. reasonable care has been taken of the product/equipment, and it has only been subjected to reasonable wear and tear;
14.4.3. the products have been correctly stored, in accordance with the regulatory requirements, or manufacturer’s instructions;
14.4.4. the fault has not been caused or contributed to by wilfully or negligently caused damage, or any accident, or being in environmental conditions harmful to the product, or by third party software or hardware, which has not been supplied by the Company and/or the relevant manufacturer;
14.4.5. the part which develops the fault has not been previously modified or repaired by any third party;
14.4.6. any equipment is operated or maintained in a manner which is consistent with the Company’s or the manufacturers operating instructions; and
14.4.7. any equipment is operated by persons suitably trained to use same.
14.5. The Company’s obligation to repair or replace under paragraph 14.4 above does not apply to:
14.5.1. consumable components;
14.5.2. parts which are not critical to the product’s proper function, or
14.5.3. cosmetic features of the product.
14.6. The Customer shall provide the Company with a copy of the original invoice for the product, and prepay all freight charges to return any products to the Company. All claims must be accompanied by full particulars, including operating conditions, if applicable. 14.7. It is recommended that specific equipment supplied by the Company be installed and commissioned by the Company’s technical personnel. Should this option not be accepted by the Customer, the correct operation of that equipment cannot be guaranteed. In this case, the warranty set out in this paragraph could be void and the Company will not be liable for any malfunctioning and/or damage to said equipment, or any other part of the laboratory to which the equipment is connected.
14.8. Save for the aforementioned warranties, the Company gives no further warranties of whatsoever nature in relation to the products or equipment sold and/or the services provided in terms of these Terms and Conditions.
15. Indemnities
15.1. Save as expressly set out herein, the Company shall under no circumstances whatsoever be liable to the Customer, including, without limitation, as a result of or in connection with the Company’s negligent (including grossly negligent) acts or omissions or those of its employees, agents or designees or other persons for whom in law it may be liable (in whose favour this constitutes a contract or undertaking for their benefit), for any indirect, incidental, special or consequential loss or damage of any kind whatsoever or howsoever caused (whether arising under contract, delict or otherwise and whether the loss was actually foreseen or reasonably foreseeable), sustained by the Customer, any other recipient of the products, or any other person arising from or as a result of any sale concluded in terms of these Terms and Conditions, the delivery, non-delivery, incorrect, erroneous or late delivery, the use, operation, possession or consumption of the products or equipment.
15.2. The Customer hereby agrees that it will indemnify the Company and hold the Company harmless and fully indemnified from and against any loss or damage suffered or liability incurred, including without limitation in respect of any claim or demand by any third party by reason of any act or omission on the part of the Customer or that of any employee, agent or representative acting on its behalf in connection with orders placed in terms of these Terms and Conditions and/or in relation to receipt of products or equipment supplied by the Company pursuant to any such order.
16. Returns
16.1. Goods may only be returned for credit if authorised in writing by the Company.
16.2. The Company will only consider accepting products for credit if notified by the Customer in writing within 7 (seven) days after date of invoice.
16.3. Save for goods returned due to defects or issues in workmanship, the Company shall be entitled, at its discretion, to charge a minimum handling charge of 15% (fifteen percent) of the quoted price of a product returned to the Company for credit.
16.4. Save for goods returned due to defects or issues in workmanship, all costs associated with returning such products to the Company shall be for the account of the Customer.
16.5 Any and all software product licenses issued by the Company or OEM cannot be returned and will need to be paid in full by the Customer.
17. Responsibility
It shall be the Customer’s sole responsibility to be familiar with regulations that might concern the installation, storage, use or disposal of the products or operation of the equipment ordered. The Company shall not be held responsible for any penalties or restrictions from the contravention of any regulatory obligation.
18. Cession or assignment
Neither Party shall be entitled to cede, assign or delegate any of its rights and/or obligations which it may have in terms of these Terms and Conditions to any third party, without the prior written consent of the other Party.
19. Limitation of Liability
19.1. Save as for any liability in terms of paragraph 14, and notwithstanding any of the other provisions of these Terms and Conditions, the Company shall not be liable to the Customer or any third party for any claim for loss, expense or damages (including indirect damages, special damages or consequential damages or loss of profits), injury or death to any persons of whatsoever nature and howsoever arising against the Company or its employees (whether in terms of the Consumer Protection Act, No 68 of 2008 or otherwise).
19.2. The Customer hereby indemnifies and holds the Company harmless against any claim made by any third party for loss, damage, injury or death as a result of or in connection with the installation, storage, use or disposal of the products, or operation of any equipment once same has been delivered to the Customer.
20. Failure to Perform
20.1. Should the Company fail to perform any of its obligations in terms of these Terms and Conditions as a result of:
20.1.1. an inability to secure labour, materials or supplies despite having taken all reasonable steps to procure same;
20.1.2. any act of God, war, strike, lock-out, digital attack or other labour dispute, fire, flood or legislation; or
20.1.3. any other cause beyond the control of the Company,
20.1.4. then notwithstanding anything to the contrary contained or implied in these Terms and Conditions, the Customer shall not be entitled to terminate these Terms and Conditions nor shall it have any claim of whatsoever nature against the Company.
20.2. If, in these circumstances, the Company has already partly performed its obligations, or can only partly perform its obligations, it shall be entitled to payment for the part already invoiced and delivered, or the part which can be invoiced and delivered, and the Customer shall be obliged to pay such invoices as if it were a separate contract.
21. The AIEQ Systems (PTY) Ltd Brand
21.1. Nothing contained in this Agreement shall be construed as granting to the Customer any license or other right with respect to the AIEQ Systems (PTY) Ltd brand.
21.2. The Customer acknowledges that the AIEQ Systems (PTY) Ltd brand shall remain the sole and exclusive property of the Company, and the Customer shall in no way dispute the Company’s right thereto and shall not in any way make use of the AIEQ Systems (PTY) Ltd brand without the prior written consent of the Company in each instance.
21.3. The Customer hereby undertakes to and in favour of the Company not to do anything or omit to do anything which may negatively affect the reputation and credibility of the AIEQ Systems (PTY) Ltd brand and/or the goodwill of the Company.
22. Breach and Termination
In the event that the Customer breaches any of the terms and conditions contained in these Terms and Conditions, and fails to make good the specified default after having been given 7 (seven) days’ written notice of same and/or fails to pay an amount due and payable by it to the Company, and/or suffers any civil judgement taken or entered against it, and/or causes a notice of surrender of his estate to be published in terms of the Insolvency Act No. 24 of 1936 (as amended), and/or suffers its estate being placed under provisional or final sequestration, liquidation or business rescue proceedings, then the full amount of the Customer’s indebtedness to the Company shall immediately become due, owing and payable and the Company shall be entitled without prejudice to any other rights that it may have, either in terms hereof or in law to:
22.1. suspend performance of any of its obligations, (including the suspension of further delivery to the Customer) under these Terms and Conditions or any other agreement until such time as payment is received and/or the breach in question is remedied; and/or
22.2. claim damages and/or enforce payment in full of the balance of the Invoiced Amount then outstanding together with any accrued interest and all other costs payable; and/or
22.3. cancel these Terms and Conditions.
23. Settlement of disputes
Save for any dispute which relates to the failure by the Customer to pay an invoice issued by the Company, any dispute or difference arising from any order placed by a Customer shall be determined by submitting the dispute to the Managing Director of each of the Company and the Customer for resolution, and failing resolution, by means of mediation. In the event that a mediated outcome is not achieved within 14 (fourteen) days, the dispute shall be referred to arbitration and the Arbitration Act of 1965 shall apply. The parties shall agree on the identity of a mediator or an arbitrator (as the case may be) within 5 (five) days of the dispute being submitted to mediation or arbitration, and failing agreement between them, the mediator/arbitrator shall be appointed by the President for the time-being of the South African Law Society.
24. Certificate Of Indebtedness
The Customer hereby agrees and acknowledges that for all or any purposes whatsoever, including the purpose of any action by the Company against the Customer, either for provisional sentence, summary judgement or otherwise, a certificate signed by a director of the Company (whose authority it shall not be necessary to prove) certifying or purporting to certify that an amount is owing by the Customer to the Company, shall be sufficient and satisfactory prima facie proof of the correctness of the amount or amounts and facts therein contained
25. Legal Proceedings and Jurisdiction
25.1. If it becomes necessary for the Company to institute legal proceedings against the Customer in order to enforce any of its rights, either in terms of these Terms and Conditions or at common law, the Customer shall be liable to pay all legal costs, including collection commission and tracing fees incurred by the Company, on the attorney and own Customer scale.
25.2. Notwithstanding the amount of its claim, the Company shall be entitled but not obliged to institute action against the Customer in any Magistrates Court the Republic of South Africa and the Customer shall be deemed hereby to have consented to such jurisdiction.
26. Domicilium
26.1 Any notices to be given to either party shall be in writing.
26.2 Any notices to be given to the Customer shall be delivered by hand, electronic mail, sent by fax or by pre-paid registered post, to the Customer at the address supplied to the Company for the purposes of any quotation offered by the Company. Any notices to be given to the Company shall be delivered by hand or sent by pre-paid registered post to the Company at our registered office which is AIEQ Systems (PTY) Ltd Offices 345 Main Avenue, Ferndale, Randburg 2194