STANDARD TERMS AND CONDITIONS
 

APPLICABLE TO:
   • Radio Electronic (Pty) Ltd – supplier of hardware and technical services.
   • Blue Telecommunications (Pty) Ltd – subsidiary of Radio Electronic (PTY) Ltd and licensed telecommunications service provider under CRAN.
 

1. DEFINITIONS
   1.1. "Radio Electronic" refers to Radio Electronic (Pty) Ltd.
   1.2. "Blue Telecommunications" refers to Blue Telecommunications (Pty) Ltd.
   1.3. "The Company" refers to either or both of the above entities, as applicable to the goods or services provided.
   1.4. "The Customer" means the person, firm, company, partnership or association purchasing from The Company.
   1.5. "Products" means hardware and physical equipment supplied.
   1.6. "Services" means telecommunications services, airtime, bandwidth, and other value-added services.
 

2. SCOPE AND VARIATION
   These Terms apply to all transactions with either or both Companies.
  No variations or contrary stipulations shall be binding unless agreed in writing by both parties. Waivers must also be in writing.
 

3. ORDERING
   3.1. Orders must be placed in writing using the Customer’s official order form. Telephonic orders are accepted only once the printed Purchase order is received.
   3.2. The Customer shall be prevented from denying the validity of an order, even if signed by an unauthorised person.
 

4. OWNERSHIP & RISK
   4.1. Ownership of Products remains with The Company until full payment is received.
   4.2. Risk passes to the Customer upon collection by the carrier or delivery, whichever occurs first.
 

5. PAYMENT TERMS
   5.1. Standard terms are prepaid, C.O.D., or 30 days net from date of statement, subject to credit approval.
   5.2. Customers shall bear all transaction, deposit, and intermediary banking charges. Only net amounts received will be credited.
   5.3. Interest of 2% per month (24% per annum) will be charged on overdue accounts, subject to applicable law.
 

6. DEPOSITS
   6.1. Cash customers: 50% deposit required for special order or large volume items.
   6.2. Approved account customers: 30% deposit required for orders over N$500,000; 50% for orders over N$1,000,000.
 

7. DELIVERY & ACCEPTANCE
   7.1. Delivery times are estimates only. The Company is not liable for delays.
   7.2. Refusal or failure to accept delivery renders the Customer liable for any resulting loss or damage. A restocking fee of up to 10% may apply.
   7.3. Goods must be inspected on delivery. Defects must be reported in writing within five (5) days, or the delivery shall be deemed accepted in good condition.
 

8. EXCHANGE RATES (RADIO ELECTRONIC)
   Quoted prices may vary due to exchange rate fluctuations and will be reflected on the Customer’s account.
 

9. RETURNS & EXCLUSIONS
   9.1. No returns accepted after 7 days (Radio Electronic) or 14 days (Blue Telecommunications), unless pre-approved in writing.
   9.2. A 15% handling fee applies to all approved returns.
   9.3. Items must be returned in original packaging with all accessories.
   9.4. Special order items and digital/software products (e.g., charts, licenses) are non-returnable.
   9.5. Airtime and telecommunications services are non-refundable once provisioned or used.
 

10. WARRANTY
   10.1. All Products are covered by the manufacturer’s warranty.
   10.2. Claims will be passed to the manufacturer for review. Freight costs may be charged to the Customer.
   10.3. The Company will assist with claims but accepts no liability for delays or manufacturer decisions.
 

11. LIMITATION OF LIABILITY
   11.1. The Company shall not be liable for direct or consequential loss or damage due to any defect unless required by law.
   11.2. The Customer indemnifies The Company against third-party claims related to defects.
 

12. SUSPENSION OF DELIVERIES & SERVICES
   12.1. Services and deliveries may be suspended if any account is in arrears.
   12.2. The Company may suspend services if:
     • The credit limit is exceeded;
     • The Customer’s financial standing deteriorates;
     • The Customer is deemed no longer creditworthy;
     • The Customer fails to acknowledge these terms.
   12.3. Suspension of telecommunications services (Blue Telecommunications only) may also be carried out in accordance with the terms of the specific airtime contract signed with the     
   Customer. Notwithstanding such contractual provisions, Blue Telecommunications shall ensure that all suspension actions comply with the applicable regulations of CRAN, including the 
   requirement for reasonable notice, where applicable.
   12.4. If telecommunications services provided by Blue Telecommunications (Pty) Ltd are suspended or barred due to non-payment, the Customer shall be liable for a reconnection fee in 
   addition to the full settlement of all outstanding amounts due. Services will not be reactivated until both the reconnection fee and the full outstanding balance have been received in cleared
   funds by Blue Telecommunications (Pty) Ltd.
 

13. BREACH & TERMINATION
   13.1. In the event of breach, The Company may:
     • Cancel contracts without notice;
     • Demand immediate payment of all outstanding amounts;
     • Take legal action to recover monies or goods.
   13.2. Grounds include late payment, dishonoured instruments, insolvency, liquidation, acts of insolvency, or unsatisfied judgments.
 

14. LEGAL COSTS
   If legal proceedings are initiated, the Customer shall pay all costs on an attorney and own client scale, including collection commissions.
 

15. JURISDICTION & GOVERNING LAW
   15.1. This agreement is governed by the laws of the Republic of Namibia.
   15.2. Claims may be brought in any Magistrates Court with jurisdiction, even if the claim exceeds its monetary limits.
 

16. DOMICILIUM & CUSTOMER RESPONSIBILITIES
   16.1. The Customer's business address as listed in the credit application shall be the legal address for service.
   16.2. The Customer must inform The Company of any changes in contact details or ownership and update their credit application accordingly.
 

17. SANCTIONS COMPLIANCE
   The Company reserves the right to restrict or prohibit transactions with sanctioned countries, individuals, or entities. The Customer shall not export or re-export any goods or services to
   restricted destinations.
 

18. CREDIT BUREAU CHECKS
   18.1. By engaging with The Company, the Customer consents to credit checks.
   18.2. Credit data will be used only to assess creditworthiness and risk.
   18.3. All credit data will be handled confidentially in line with applicable privacy laws.
   18.4. Consent may be withdrawn but may affect service eligibility.
   18.5. The Company may report accounts in arrears over 60 days to the Credit Bureau.
   18.6. The Customer (whether a natural person or a business entity) acknowledges that The Company incurs administrative and operational costs in the ongoing management of the 
   Customer’s  account. These costs arise from activities such as credit risk assessment, account monitoring, correspondence, payment processing, and regulatory compliance, including
   obligations relating to credit reporting.
   18.7. To recover such reasonable costs, The Company may charge a Credit Administration and Account Management Fee.
   18.8. The Credit Administration and Account Management Fee shall be N$150.00 per month, applicable to Customers whose accounts have outstanding amounts older than 60 days.
   18.9. This fee will be charged monthly to the Customer’s account and shall remain applicable until the full outstanding balance is settled in full.
 

19. CRAN COMPLIANCE (BLUE TELECOMMUNICATIONS ONLY)
   Blue Telecommunications complies with all regulatory and licensing obligations imposed by CRAN, including those related to billing, service quality, and consumer protection.
 

20. LOAN/TEST EQUIPMENT
   20.1. Usage of Testing Equipment
     20.1.1. Test equipment provided by the Company shall be used solely for the purpose agreed upon.
     20.1.2. The receiving party is responsible for ensuring that the equipment is not tampered with, damaged or defaced in any way.
     20.1.3. Any damage resulting from misuse, negligence, or unauthorized modification of the equipment will be the responsibility of the receiving party and will result in repair or replacement 
     charges.
   20.2. Return of Equipment
     20.2.1. All testing equipment must be returned to the Company within the time frame specified in the agreement or within 7 days, whichever comes first.
     20.2.2. Equipment must be returned in the same condition as it was received.
     20.2.3. Late returns will be subject to additional daily rental fees of 5% of the equipment's value.
     20.2.4. If any equipment is lost or irreparably damaged, the full replacement cost will be invoiced to the receiving party.
   20.3. Invoicing and Charges
     20.3.1. Invoices for testing equipment usage will be issued based on the agreed rental rates, duration of use, and any applicable service or delivery fees.
     20.3.2. Additional charges will apply for:
          * Equipment returned late
          * Cleaning or servicing due to improper use
          * Repair or replacement due to damage or loss
 

21. QUOTATIONS
   21.1. Prices
     21.1.1. All prices quoted are valid only for current available stock at the time of quotation and are subject to prior sale.
     21.1.2. Items that require ordering are calculated based on the current foreign exchange rate (ROX). Any fluctuation in this rate at the time of importation will be reflected on the final invoice.
     21.1.3. USD-based quotations are subject to the prevailing local bank buying rate on the date of invoicing, which will also be reflected on the final invoice.
     21.1.4. Installation charges are not included, unless explicitly stated in the quotation.
   21.2. Delivery
     21.2.1. Delivery times for non-stock items will be communicated upon confirmation of order.
   21.3. Freight and Import Charges for special orders (non-stock items)
     21.3.1. Freight, import duties, and ad valorem charges are not included in the quoted prices.
     21.3.2. These costs will be calculated at the time of import and reflected on the final invoice.
   21.4. Payment Terms
     21.4.1. For approved account holders: 30 days from statement.
     21.4.2. For all other clients: cash in advance is required.
   21.5. Quotation Validity
     21.5.1. Quotations are valid for 7 days from the date of issue, unless otherwise stated.
     21.5.2. After this period, pricing and availability may be subject to change without notice.
   21.6. General
     21.6.1. All goods remain the property of the supplier until full payment has been received.
     21.6.2. By accepting our quotations, the client agrees to the above terms and conditions.
 

22. FORCE MAJEURE
   The Company shall not be liable for any failure or delay caused by circumstances beyond its control, including natural disasters, regulatory actions, supplier failures, or network disruptions.
 

23. SEVERABILITY
   If any clause is found to be unenforceable, the remainder shall remain in effect.
 

24. ENTIRE AGREEMENT
   These terms represent the full agreement between the parties and supersede any prior understandings or agreements.