standard terms & Conditions

APPLICABLE TO:

• Radio Electronic (Pty) Ltd – supplier of hardware and technical services.

1. DEFINITIONS

1.1 “Company” means Radio Electronic (Pty) Ltd.
1.2 “Customer” means the person, firm, company, partnership, trust or other legal entity purchasing Products or Services from the Company.
1.3 “Products” means hardware, equipment, components, parts, software licenses and physical goods supplied by the Company.
1.4 “Services” means installation, integration, commissioning, repairs, maintenance, technical support and related services.
1.5 “Order” means any written quotation acceptance, purchase order or instruction to supply Products or Services.

2. APPLICATION OF TERMS

2.1 These Terms apply to all transactions with the Company and supersede any terms proposed by the Customer.
2.2 No variation or waiver shall be binding unless reduced to writing and signed by a duly authorized director of the Company.
2.3 No employee or agent has authority to vary these Terms orally.

3. ORDERS

3.1 Orders must be placed in writing.
3.2 The Customer shall not deny the validity of any Order signed or submitted by any employee, agent or representative of the Customer.
3.3 Orders may not be cancelled without written consent and may be subject to cancellation charges.

4. QUOTATIONS & PRICING

4.1 Quotations are valid for seven (7) days unless otherwise stated.
4.2 Prices are subject to availability and prior sale.
4.3 Prices for imported goods are subject to exchange rate, freight, customs, ad valorem charges or supplier increases prior to invoicing, which shall be for the Customer’s account.
4.4 Installation and commissioning are excluded unless itemized.

5. PAYMENT TERMS

5.1 Standard terms are prepaid, C.O.D., or 30 days from statement for approved accounts.
5.2 Credit facilities may be withdrawn at any time.
5.3 Interest at 2% per month (24% per annum) may be charged on overdue amounts.
5.4 The Customer shall not withhold payment or apply set-off.
5.5 All banking charges are for the Customer’s account.
5.6 A certificate signed by any director or financial manager shall be prima facie proof of indebtedness.

6. DEPOSITS

6.1 Special order or imported items require a minimum 50% deposit.
6.2 Approved account customers shall pay 30% deposit for orders exceeding N$500,000 and 50% deposit for orders exceeding N$1,000,000.
6.3 Deposits on special or custom orders are non-refundable.

7. OWNERSHIP & RISK

7.1 Ownership remains with the Company until full payment is received.
7.2 Risk passes upon delivery, collection or handover to a carrier.
7.3 The Company may enter premises to recover unpaid Products.
7.4 Recovery shall not prejudice the Company’s right to claim damages.

8. DELIVERY & ACCEPTANCE

8.1 Delivery times are estimates only.
8.2 The Company is not liable for delays caused by suppliers or force majeure.
8.3 The Customer must inspect Products and report defects within five (5) days.
8.4 Failure to notify constitutes acceptance.

9. RETURNS & EXCLUSIONS

9.1 Returns require prior written approval.
9.2 Approved returns may attract a handling fee of up to 15%.
9.3 Special order, customized, imported and software Products are non-returnable.
9.4 Products must be returned in original packaging and condition.

10. WARRANTY

10.1 Products are covered solely by manufacturer warranties.
10.2 The Company shall assist with claims but accepts no liability for manufacturer decisions.
10.3 Freight and inspection costs may be for the Customer’s account unless confirmed as a manufacturing defect.

11. INSTALLATION & SITE RESPONSIBILITY

11.1 The Customer warrants authority for installation.
11.2 The Customer shall provide safe access and adequate infrastructure.
11.3 Delays due to site unpreparedness shall be for the Customer’s account.
11.4 Risk passes upon commissioning or handover.

12. SUSPENSION

12.1 Deliveries or Services may be suspended if accounts are in arrears.
12.2 Suspension does not prejudice recovery rights.
12.3 Reinstatement may require settlement of arrears and additional charges.

13. BREACH & TERMINATION

13.1 The Company may cancel contracts, demand immediate payment, recover Products and institute legal proceedings.
13.2 Grounds include late payment, dishonored instruments, insolvency or business rescue.

14. LIMITATION OF LIABILITY

14.1 The Company is not liable for indirect or consequential damages.
14.2 Liability is limited to the invoice value of Products or Services supplied.
14.3 The Customer indemnifies the Company against third-party claims arising from misuse or unauthorized modification.

15. LEGAL COSTS

The Customer shall be liable for attorney and own client costs including collection commissions and tracing fees.

16. CREDIT BUREAU & ADMINISTRATION FEES

16.1 The Customer consents to credit checks and reporting.
16.2 Accounts overdue by more than 60 days may be reported.
16.3 A Credit Administration and Account Management Fee of N$150 per month applies to accounts overdue by more than 60 days.
16.4 The fee remains applicable until settlement in full.

17. SANCTIONS COMPLIANCE

The Company may refuse transactions involving sanctioned entities or destinations.

18. FORCE MAJEURE

The Company is not liable for failure or delay caused by events beyond its control.

19. JURISDICTION & GOVERNING LAW

19.1 Governed by the laws of the Republic of Namibia.
19.2 Proceedings may be instituted in any Magistrate’s Court notwithstanding the monetary value involved.

20. SEVERABILITY

If any clause is unenforceable, the remainder remains in effect.

21. ENTIRE AGREEMENT

These Terms constitute the entire agreement relating to the supply of Products and Services by Radio Electronic (Pty) Ltd.