OUR WEBSITE USER AGREEMENT
Terms & Conditions
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Linvar Terms & Conditions
- General Terms and Conditions
- Please read the terms and conditions detailed below carefully, before ordering from Storage Direct. By ordering any products from Storage Direct and from this website you agree to be bound by these terms and conditions.
- The following terms and conditions apply to customers within South Africa
- Confirmed Orders
- Payment must be received before any products and goods will be issued for delivery
- Storage Direct uses the latest and most secure technology and software for all its transactions with its customers
- We will not be responsible if there are any losses incurred by customers whose
credit card is fraudulently used on our website or elsewhere.
- Ordering Process
- Once the order has been placed online, and payment has been successful, the order will be approved by Storage Direct within 48 hours, before the delivery process for any goods and products can commence.
- There may be instances that we are unable to deliver due to distance, size of the delivery or very remote farming and mining areas in which case we will contact you to discuss further.
- Delivery Charges
- These are provided to you at the time of the purchase being finalised.
- Two delivery options exist i.e. delivery from Storage Direct to you OR you collect
from Storage Direct warehouse.
- Product Availability
- Storage Direct will endeavour to ensure that all products being sold on their website are available and can be supplied to you in the specified delivery timeframes. However, we cannot be responsible in instances when stock is not available from our vendors. In these instances, we will communicate with you directly the various options, including offering you a full cash refund if so required.
- Cancellation of Orders
- Once and order has been placed and paid for, it cannot be cancelled.
- If an order has been added to a shopping cart and not yet paid for, it means that the order has not yet been finalised, and the order may be cancelled by removing items from the shopping cart.
- Errors in content and pricing
- Storage Direct has ensured to the best of their ability, that the content including product descriptions, specifications and prices are accurate. However, we cannot guarantee that all product descriptions and specifications are 100% accurate as we received this information from our vendors.
- All our products have a product description as well as an image. The images are for illustration purposes only and may vary slightly from the items in some instances. We will always try to ensure that the correct image is displayed for each product.
- In addition, we cannot guarantee stock availability
- We also cannot guarantee pricing. If you have purchased an item that is no longer in stock, or the price has changed, we will offer you a 100% cash refund.
- The cost of the product and delivery charges are provided at the time when the
order is processed on the website. Every attempt is made to ensure that the correct pricing has been provided, however we reserve the right to alter any information or prices at any time without prior notice. - As indicated, should the price of the product change after you have purchased and paid for the product, we will offer you the option of a full cash refund.
- Links to Third Party Websites
- The Storage Direct website may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites. We are not responsible for the content or availability of any such sites.
- Data Privacy
- Please see our Privacy terms and conditions
- Copyright
- All copyright, trademarks and all other intellectual property rights in the Storage Direct website and its content(including without limitation the website design, text, graphics and all software and source codes connected with the website) are owned by or licensed to Storage Direct or otherwise used by Storage Direct as permitted by law.
- In accessing the Storage Direct website you agree that you will access the content solely for viewing and purchasing requirements.
- None of the content may be downloaded, copied, modified, reproduced, transmitted, stored, sold or distributed without the prior written consent of Storage Direct.
- Changes to Terms and Conditions
- We reserve the right to review and update our terms and conditions, at any stage
- Warranties Terms and Conditions
- Standard warrantee period
- All products carry a six-month warrantee, unless otherwise stated
- All exception warrantee conditions are detailed at the time of purchase i.e. some products may carry longer warrantee periods, and we will state these at the time of purchase.
- Warranty coverage commences from the date of delivery
- Warrantee conditions
- All guidelines, recommendations and servicing requirements must be adhered to, in goods, where user manual have been provided.
- There must be no changes or modifications to the product.
- Exclusions-The following are excluded and not covered under any warrantees:
- Wear and tear of the product or goods
- Damage occurring, when user manual guidelines were not adhered to.
- Damage due to the misuse of the product/goods
- Damage due to fire, water or wind elements
- Products that have been modified
- Repaired products, and specifically not repaired by Storage Direct vendors.
- Process
- Please contact (telephone or email) Storage Direct immediately to report any defects.
- Include pictures and as much detail as possible
- Storage Direct will contact the vendor, who will be in contact with you to discuss further.
- Items will either be repaired or replaced
- All related delivery charges will be for the account of the customer
Standard Terms of Trade & Acceptance of Liability
- This document represents the entire agreement between the parties. No alleged amendment, addition, waiver or cancellation by agreement shall be of any effect unless reduced to writing and signed by both parties. This agreement will regulate all present and future transactions between the parties and will be applicable to all existing and future debts between the parties.
- These terms become final and binding once the customer places the first order and Linvar (Pty) Ltd (hereinafter referred to as “Linvar”) accepts same. The signatory hereto: (a) acknowledges that he/she, understands and accepts each term of this agreement, and (b) guarantees his/her authority to enter into a binding agreement on behalf of the customer.
- The signatory to the Credit Application & Acceptance of Liability as Co- Debtor form, hereby binds him/herself as surety and co-principal debtor in his/her personal capacity, jointly with and severally from the customer for all amounts which may now be or in future become due to Linvar by the customer, and agrees that these terms shall apply mutates mutandis to him/her. The signatory renounces the benefits of excussion and division.
- The customer acknowledges that Linvar made no representations regarding the goods and/or services or any of its qualities except as specifically set out in writing and signed on behalf of Linvar. The customer agrees that Linvar shall not be liable for any negligent or innocent misrepresentation made to the customer. It is the sole responsibility of the customer to determine the suitability of the goods and services according the intended use thereof and the customer indemnifies Linvar against any and all claims in this regard.
- All quotes: (a) will remain valid for a period of 30 (thirty) days from the date of the quote or until the date of issue of a new factory price list, whichever occurs first; and (b) are subject to the availability of the goods and services. The prices quoted exclude VAT and are subject to change in accordance with any increases in the cost price before dispatch of goods and commencement of services. Any independent auditor may certify such increase and such certificate shall be final and binding on the customer who shall be liable for such increase.
- The customer shall inspect all goods and services immediately upon receipt thereof and shall satisfy itself that these conform in all respects to the quality and quantity ordered and are free of any defects. All orders or variation to orders, whether oral or in writing, will be subject to these standard conditions and may not be cancelled.
- Linvar shall be entitled, in its sole discretion, to split the delivery of goods and performance of services into the separate quantities and deliver/render it on the different dates as it may decide. Linvar shall accordingly be entitled to invoice each such partial delivery/performance separately.
- Any delivery note (whether a copy of original) signed by the customer or a third party engaged to transport the goods shall be proof that delivery was made to the customer. All risks in and to the goods passes to the customer when the goods leave the business premises of Linvar and the customer undertakes to fully insure the goods whilst in transit and until fully paid for. Delivery, installation and performance times provided by Linvar are merely estimates and will not be binding on Linvar. The customer indemnifies Linvar against any and all claims in this regard.
- Should Linvar agree to engage a third party to transport goods, Linvar shall engage such third party for and on behalf of the customer and on the terms and conditions deemed fit by Linvar. The customer hereby indemnifies Linvar against any liabilities and all claims which may arise from such agreement with the transporting entity.
- New goods are guaranteed according to the manufacturer’s products specific warranties only and all other guarantees, whether statutory or by common law are hereby specifically excluded. Services carry no guarantee. Linvar’s liability is restricted to the cost of repair or replacement of faulty goods and/or services alternatively, at the sole discretion of Linvar, to granting of a credit. Linvar shall not be liable for any indirect or consequential damages or losses whatsoever and the customer indemnifies Linvar against all claims in this regard.
- The customer shall return any defective goods to the business premises of Linvar at the customer’s own cost and packed in the original packaging, within 7 (seven) days after date of delivery of such defective goods to the customer or its duly authorised agent.
- In the case of a 30 DAY customer, the customer shall pay the amount of Linvar’s tax invoice to Linvar within 30 (thirty) days of the issue of an invoice by Linvar. The customer shall have no right to withhold payment for any reason whatsoever and the customer shall not be entitled to set off any amount allegedly due to the customer by Linvar against the customer’s liability. Should the customer have any alleged counterclaim it shall only be entitled to raise and issue such claim after having made full payment of its indebtedness to Linvar. All CASH ON ORDER (COO) customers are required to pay upfront before the stock is delivered.
- All discounts allowed to the customer (if any) will be forfeited should full payment not be made by due date.
- The customer undertakes to inform Linvar in writing within 7 (seven) days of any change of its details including its directors, members, shareholders or owners or its physical or postal addresses and contact details.
- The customer agrees to make payment to Linvar of the standard rates and prices contained in the price lists for any goods and services rendered from time to time, which are available upon request.
- All orders are subject to cancellation by Linvar if: (a) it cannot timeously or at all execute same due to force majeure or due to any cause beyond the control of Linvar (including but not restricted to inability to secure labour, materials or supplies, or by reason of any act of God, war, civil disturbance, state of emergency, strikes, lockouts or other labour dispute, fire, flood, drought or legislation); or (b) the customer breaches any term of this agreement or attempts to compromise its debts or (c) any attempt is made to liquidate or sequestrate the customer or to surrender its state, or judgment is granted against the customer or any of its principals, or the customer applies for business rescue.
- The customer will have no claim against Linvar unless is has, within 3 (three) days from the date of delivery of the alleged defective goods or breach occurring (whichever takes place first), given Linvar 30 (thirty) days written notice by prepaid registered post to rectify such defect or breach.
- Under no circumstances will Linvar be liable for any consequential or indirect damages or losses or for any delictual liability of any nature whatsoever. Linvar shall not be liable for any damages arising from any misuse or abuse of goods.
- The customer agrees that the amount of its indebtedness toward Linvar may be determined and proven by a certificate issued and signed by any director of Linvar, whose appointment need not be proven, and which certificate shall be signed and shall be prima facie proof of the indebtedness of the customer toward Linvar.
- It is agreed that any printout of computer evidence tendered by Linvar shall be admissible evidence and the customer shall not be entitled to object to the admissibility thereof on the grounds that such evidence is computer evidence.
- The customer shall be liable to pay interest in terms of the Prescribed Rate of Interest Act a tempore morae, on all overdue amounts at the rate of 15,5% per annum calculated from date of default to date of final settlement payment.
- Should the customer not make full payment before or on the due date, Linvar will be entitled, without prejudice to any of its rights (including its right to cancel or claim specific performance without prior demand or notice), to take possession of any goods delivered to the customer and to retain possession of the goods pending finalisation of any dispute(s) between the parties. The customer agrees to be solely liable for all expenses incurred by Linvar to recover and retain such possession of the goods pending finalisation of the dispute(s).
- In the event of cancellation, Linvar may elect, without prejudice to other claims or rights it may have, to claim damages equal to the difference between the selling price of the goods and the value thereof at the time of repossession. The value thereof at the time of repossession may be calculated by any sworn valuator appointed by Linvar. Such valuation will be conclusive proof of the said value of the goods.
- The credit facilities of a customer may at the sole discretion of Linvar be terminated immediately without notice should Linvar at its sole discretion so decide or should any payment not be made in full and/or on the due date.
- The customer hereby irrevocably authorises Linvar to enter upon its premises to repossess any goods delivered and not paid for before or on the due date and indemnifies Linvar against any damages whatsoever relating to the removal of repossessed goods.
- Ownership of all goods supplied by Linvar remains vested in Linvar until such goods have been fully paid for, whether attached or not to other property. The customer shall not be entitled to sell or dispose of any goods until fully paid for nor to allow any third party possession thereof.
- In the event of any default by the customer and/or any legal action or application issued by Linvar based on this agreement or any transaction between the parties in terms hereof, the customer shall be liable for all Linvar’s legal expenses on the scale as between attorney and client, as well as for the costs of any tracing, collection, storage or valuation costs incurred.
- The customer, whether it be a company, close corporation, partnership or individual shall in the event of he/she/it instituting any action against Linvar, provide sufficient security to Linvar for the costs of such action, in such form, amount and fashion as may reasonably be required by Linvar. Should the customer fail to provide such security upon request, Linvar shall be entitled to apply for an order of court suspending any and all such litigation against Linvar by the customer pending provision of such security.
- The customer hereby irrevocably waives its rights to require Linvar to furnish security for the cost of any action or application issued by Linvar, whether it is in terms of the Magistrate’s Court Act, the Supreme Court Act or any other statutory or common law.
- The customer agrees that any indulgence granted by Linvar shall not constitute a waiver of any of the rights of Linvar in terms of this agreement.
- The customer hereby consents to the jurisdiction of the Magistrate’s Court for the purpose of any legal proceedings issued by Linvar, despite the fact that the amount of the claim may exceed the monetary jurisdiction of that court. Linvar may however institute action against the customer out of any competent court and in its sole discretion.
- The customer and signatory hereof choose their respective domicilium citandi et executandi at the physical address of the customer as set out in the Credit Application & Acceptance of Liability as Co-Debtor form, as completed by the signatory thereto.
- The invalidity of any part, clause or term of this document shall not affect the validity of the balance thereof.
- The customer and signatory agree that it/they will accept delivery of all formal correspondence by way of e-mail or pre-paid registered post to the respective e-mail and domicilium addresses as set out in the Credit Application & Acceptance of Liability as Co-Debtor form.
- The right and obligations of the customer and signatory and terms and conditions contained herein will be enforced in accordance with the applicable laws of the Republic of South-Africa.
- All goods destined for export will be paid in full to Linvar prior to collection by the customer or shipping agent on behalf of the customer. Special orders as per the Purchase Order instruction will be charged for in full and no returns and/or refunds will be done.
- Any drawings and/or technical specifications attached to orders or quotations remain the property of Linvar and may not be divulged to any third party without the explicit written consent of Linvar being obtained prior thereto.
- Linvar reserves its right to charge a consultancy fee of a minimum of R5000.00 or 10% of the value of the contract (whichever is the greater), in the event of any information being disclosed regarding the whole order.
- Linvar can supply engineer’s certificates at the request of the customer on condition that the customer will be held liable for, and make upfront payment of, all the costs in respect of the sourcing and delivery of such certificates.
- Equipment supplied by Linvar is guaranteed for 6 (six) months from date of delivery against defective material and poor workmanship only. The customer indemnifies Linvar against all claims for consequential damages and Linvar will not accept any liability in this regard. Linvar does not accept liability in respect of the strength, stability, performance, suitability or functionality of any goods, components, equipment or systems supplied by the customer for installation on, or associated with, equipment and systems supplied by Linvar and the customer indemnifies Linvar against all claims in this regard.
- Quotations for installations are done on the assumption that the customer guarantees Linvar free and unrestricted access to a clear and level floor surface for all installations. The customer further guarantees Linvar’s installation crew access to adequate lighting and power in order to effect the installation of equipment.
- The customer acknowledges and confirms that it is aware that the application for granting of all building regulations and/or fire and safety approval is mandatory before the installation of a mezzanine floor, racking systems, shelving or any other storage equipment is effected. The customer will be responsible to obtain the required approval and indemnifies Linvar against all claims, penalties and fines which may be incurred by Linvar should the customer omit to comply with the prescribed Laws in this regard.
Website Terms of Use
- Introduction: Use of this website and the services provided via it (“linvar.co.za”) are conditional upon you accepting the following terms and conditions. Unless otherwise specified, your acceptance of this User Agreement shall be indicated by your use of and/or registration with linvar.co.za. linvar.co.za is provided by Linvar at 15 Milkyway Avenue, Linbro Business Park, Linbro Park Sandton, and its suppliers (“we”/”our”/”us”).
- These terms and conditions and our Privacy Policy, (together the “User Agreement”) form our entire agreement with you in respect of non-chargeable use of linvar.co.za and supersede any prior agreement or arrangement with you in respect of linvar.co.za. If a company name is inserted in your registration request, then the User Agreement shall be between us and that company and accordingly unless the context otherwise requires, references to “you” and “your” in this User Agreement shall also be to that company. The purchase of [goods/services] from us is subject to our Terms and Conditions of Purchase. If there are any updates to this User Agreement or to the Terms and Conditions of Purchase, we will bring this to your attention on the home page of linvar.co.za.
- Availability of this website: We will endeavour to ensure that linvar.co.za is available 24 hours per day without any interruptions. However, we reserve the right to make linvar.co.za unavailable at any time or to restrict access to parts or all of linvar.co.za without notice. linvar.co.za is a general information service. We will endeavour not to make it misleading, but we cannot represent that the information accessible on or via linvar.co.za is accurate, not-misleading, complete or up to date.
- Use of this website: Use of this website is designed for your personal, non-commercial use and you must not use it in any other way without our consent. Except as permitted under applicable law, you must not use, copy, translate, publish, licence or sell linvar.co.za or any materials or information in linvar.co.za or the structure, overall style and program code of linvar.co.za without our consent. If you wish to make a request for consent, please contact info@linvar.co.za.
- Your Contributions: You agree to only use linvar.co.za for lawful purposes and that any information that you provide in connection with, or which forms part of, linvar.co.za will be, as far as you are aware, true and accurate and will not infringe any copyright or trade mark, or any right of privacy, publicity or personality or any other right, whether registered or unregistered, of any other nature or any person, or be obscene or libellous or blasphemous or defamatory and you agree to indemnify us against all claims, proceedings, damages, liabilities and costs, including legal costs arising out of your breach of this term. We cannot make any assurances about the information or contribution made by any other user and you should exercise caution before acting or otherwise relying upon any information you obtain via the linvar.co.za.
- Links: linvar.co.za includes links to other internet sites. Without limiting what we say elsewhere, we make no representations or warranties about those sites or their content, nor that the links work. If you wish to link to linvar.co.za you may only do so at linvar.co.za. Details of our linking arrangements may be obtained from info@linvar.co.za.
- Data Protection: It is your responsibility to ensure that that you give us an accurate and valid e-mail address and other contact details and tell us of any changes to them, however we cannot make any assurances about any other user you may meet using the linvar.co.za. Please see our Privacy Policy.
- Intellectual property: linvar.co.za, its style and structure, and the materials and information on are protected by copyright and other intellectual property rights, and may not be used by you except as expressly provided in this User Agreement. The authors of the documents on linvar.co.za assert their moral rights. linvar.co.za and Linvar are registered trade marks of Linvar.
- Our Liability: Since a substantial part of linvar.co.za is both free and available to all, it is a condition that your use of linvar.co.za is at your own risk. We shall not be liable to you or in breach of this User Agreement for any delay or failure to perform any obligation if the delay or failure is due to a cause beyond our reasonable control including, without limitation, the blocking or restricting of information to and/or from our network.
- Except as expressly provided in this User agreement, we disclaim any further representations, warranties, conditions or other terms, express or implied, by statute, collaterally or otherwise, including but not limited to implied warranties, conditions or other terms of satisfactory quality, fitness for a particular purpose or reasonable care and skill.
- Save as provided below, we disclaim all and will not be liable in contract, tort (including, without limitation, negligence) or otherwise arising in connection with this User Agreement or the linvar.co.za for: (i) consequential, indirect or special loss or damage; or (ii) any loss of goodwill or reputation; or (iii) any economic losses (including loss of revenues, profits, contracts, business or anticipated savings), in each case, even if we have been advised of the possibility of such loss or damage and howsoever incurred.
- Our maximum liability to you in contract, tort (including, without limitation, negligence) or otherwise arising in connection with this User Agreement or the linvar.co.za shall be limited. Notwithstanding any other provision of this User Agreement, we will be liable to you without limit for any death or personal injury caused by our negligence and to the extent that liability arises and for liability arising from statements made fraudulently by us.
- Small Print: Either of us may terminate this User Agreement at any time. You may not transfer any of your rights or delegate any of your obligations under this User Agreement without our prior written consent. If we fail to enforce any provision of this User Agreement, that failure will not preclude us from enforcing either that provision (or any similar provision) on a later occasion. Nothing in this User Agreement shall confer on any third party any benefit or the right to enforce any term of the User Agreement. This User Agreement is governed by South African law and any dispute connected with this agreement is subject to the exclusive jurisdiction of the South African courts. Nothing in this User Agreement affects your statutory rights as a consumer.
- Complaints: If you believe that your intellectual property or other rights are being infringed by the linvar.co.za, or if you are dissatisfied with linvar.co.za or any aspect of our service, in the first instance please contact info@linvar.co.za or on 0100 15 15 15
