These Conditions apply to each order that Deasil accepts from a client for the supply of goods or services, without prejudice, E&OE. The client’s acceptance of goods and services from Deasil means that the client accepts these conditions. No variation by the client of these conditions will be valid unless Deasil’s authorized representative gives you written confirmation that the variation is accepted. Deasil may make changes to these conditions from time to time. If we do, we will notify the client in writing before they take effect. The client’s acceptance of further goods and services and/or payment of further instalments due after the date we notify you of a change is deemed acceptance of those changes. Pricing provided in the documentation, proposals, and services is to be finalized and confirmed through an audit of the client’s asset base.
No consumables e.g. toners, fuser units, scanner and print heads, or drums are included in service proposals, quotes and contract pricing. Contract pricing will be reviewed on an annual basis in order to comply with the client’s governance requirements. Copyright is included in the documentation, proposals, and contracts. All hardware supplied to the client remains the property of Deasil until fully paid for by the client. All prices on documentation, proposals and quotes are estimates made based on the amount of information received from the client and are subject to change should the content or specification from the client change. Urgent work that occurs outside office hours will be charged as overtime. No work will continue until each step/ segment is signed and accepted by the client. Please reply on any e-mail to serve as confirmation for any work to continue.
The client agrees to pay in full the amount specified on any invoice rendered by Deasil for goods and/or services supplied to the client within 7 days of the date of invoice (unless agreed otherwise in writing). All Hosting related payments must be received before the 1st of the month or the service will be suspended. Where we make individual deliveries of goods or deliveries in instalments, you may be invoiced separately for each delivery in which case, you agree to pay each invoice according to its terms. If you purchase a product through us that is supplied or manufactured by another company, you will be required to pay our cost of the importation of the product and we may charge a delivery fee for delivering the product to your address. The importation cost will be included in the product price on the invoice for the goods. The delivery fee may be listed separately on the invoice or included in the product price. If we have to convert the price or the charge for the cost of importation from another currency, you agree that we have absolute discretion in relation to the exchange rate used to make the conversion. The client accepts that dates we supplied for delivery are our best estimate, and are given in good faith and may be subject to change without notice. We will deliver goods ordered to the address supplied on your order form or to an alternate address that we agree to in writing. You agree that delivery will be complete when the goods are delivered to your nominated address. Deasil will take no responsibility for any dates of delivery of information needed from the client is not received on time.
The risk in any goods that you order from us will pass to you on delivery irrespective of when payment is completed. After final delivery of any support and/or installations a signed confirmation of acceptance from the Client is needed. If any payment is contested in any way, payment is late or not done at all, Deasil reserves the right to remove any hardware, supplied by Deasil, from the premises of the client. We can immediately cancel your subscription to a product at any time by giving you written notice. We may cancel or suspend delivery of any ordered product in the event of any delay or non-performance due directly or indirectly to wars, terrorism, strikes, lockouts, delays or defaults of manufacturers or suppliers, an act of God, or any other cause beyond our reasonable control. If you default in performing your obligations under these conditions and we incur expenses in enforcing our rights under these conditions (for example and without limitation, expenses incurred by us in recovering any monies owed by you to us), you must pay those expenses to us on demand (including all legal costs on a full indemnity basis). A copy of our Privacy Policy can be viewed on the Internet at www.deasil.co.za/privacy. Prices indicated in documentation, proposals, quotes and invoices are exclusive of VAT @ 15% unless specified otherwise. If the amount of VAT paid or payable by us on a sale made to you differs from the amount of VAT you have paid to us for the goods or services sold, then the amount of VAT paid by you will be adjusted either by further payment by you to us or repayment to you by us of the amount of the adjustment.
In relation to any VAT paid by a party under these conditions, including any adjustment, the payee will provide the payer with a tax invoice. Without prejudice to our other rights at law, we may cease the supply of goods or services to the client immediately by giving notice in writing if you breach any material term of these conditions. Under no circumstances (including but not limited to any act or omission on our part) will we be liable for any loss or damages (including, without limitation, indirect, incidental, special or consequential or punitive damages and damages for loss of profits) whatsoever which result from any use, or any inability to use, our goods or services. To the fullest extent permitted by law, our liability for breach of any implied warranty or condition which cannot be excluded is limited at our option to supply of the good or service ordered by you again or paying for their resupply. Deasil will provide, in good faith, the products and services as described and will use best efforts to minimize disruption to the purchaser’s business operation. Deasil shall not be liable for any losses or damages arising out of services rendered, including, but not limited to, the following: Lost profits, lost revenues, and any other losses resulting from the implementation of the items listed in this agreement, Software failure as a result of customer modification. No action or proceeding against Deasil may be initiated more than 12 months after the cause of the action.