TERMS AND CONDITIONS OF SERVICE
These Standard Terms and Conditions govern the sale and / or use of Malbe Trading, (referred herein as “Seller”) and you (referred herein as “Buyer”) for the purchase or use of websites, services, information, products, parts, goods, deliverables and / or other materials (herein referred to as the "Product").
The Sellers’s sale of the Product is conditioned upon your acceptance of all Terms and Conditions contained herein.
The effective date of the parties' (Buyer & Seller) agreement (the "Effective Date") shall be the date that the Seller receives from the Buyer request / acceptance of offered Product, whereby these Standard Terms and Conditions will be deemed to be accepted by default.
EFFECT OF THESE TERMS AND CONDITIONS
Upon the Effective Date, all former understandings, former proposals and writings are hereby deemed to be superseded by these Terms and Conditions.
In case of conflict between these Terms and Conditions and the terms and conditions of any other document, including the Buyer’s purchase order and or trade terms and conditions, these Terms and Conditions shall govern.
The Product shall be in good working order and shall conform in all respects with the specifications and / or accepted industry standards agreed upon at time of purchase. In the event that the Seller is not the manufacturer of the Product, the Seller hereby assigns to the Buyer all of their rights under the applicable manufacturer's warranties with respect to the Product and such rights shall inure to the Buyer’s benefit as though the Buyer had purchased the Product directly from the manufacturer.
The Seller shall not be obligated to provide, nor be liable for, any other or additional remedy and the Seller’s sole obligation, at their sole discretion, shall be limited to making such repairs and replacements as the Seller deems necessary or proper to place the Product in good working order and within conformity.
The Seller makes no warranties as to your ability to re-sell, use, and obtain permits or licenses for any intended use of the Product. The Seller shall have no other liability to the Buyer in connection with the Product, whether claimed in contract, equity, tort (including negligence, gross negligence or strict liability) or otherwise, for or resulting from any Product provided or any errors or omissions.
DISCLAIMER OF CONSEQUENTIAL DAMAGES
Notwithstanding anything to the contrary herein, the Seller disclaims and shall not be liable for any special, incidental, indirect, or consequential damages (or equivalents thereof no matter how claimed, computed or characterised), arising out of or in connection with the Product, its subject or its performance or breach of performance by the Seller, regardless of whether any such liability shall be based upon breach of contract, tort (including negligence, gross negligence and strict liability), violation of law or otherwise and whether the claim is brought at law or in equity. The foregoing disclaimer shall be effective without regard to the Seller's performance or failure or delay of performance under any other term or condition. This disclaimer shall be enforceable whether or not any limitation of remedies described herein is deemed to have failed in its essential purpose.
VARIATION AND SEVERABILITY
No variation of any of the Terms and Conditions will be binding or effectual for any purpose unless expressed in writing and signed by both Parties hereto giving the same, and any such variation will be effective only in the specific instance and for the purpose given.
The Terms and Conditions shall be severable such that the invalidity or unenforceability of any portion or provision of the Terms and Conditions shall in no way affect the validity or enforceability of any other portion or provision. The balance of the Terms and Conditions shall be construed and enforced as if it did not contain such invalid or unenforceable portion or provision.
CONFIDENTIAL AND PROPRIETARY INFORMATION; OWNERSHIP
The Buyer agrees, as does the Seller, to adhere to normal confidentiality and secrecy standards and practices with respect to all information received from each other except information which (a) at the time of its disclosure is in the public domain, (b) after disclosure becomes part of the public domain by publication or otherwise through no fault of the party bound to keep such information confidential, (c) which either the Buyer or Seller can show was in its possession at the time of disclosure or received by such party after disclosure from the third party who did not require the Buyer or Seller to hold it in confidence and did not acquire it from the other party under an obligation of secrecy.
The administration and performance, and all the rights, obligations, liabilities and responsibilities of the parties hereto, shall be governed by and interpreted in accordance with the laws of the Republic of South Africa.