REPAIRS TERMS & CONDITIONS

REPAIRS: TERMS & CONDITIONS

Any form of quotation howsoever made by ORMS PTY LTD (“the Company”) is, unless otherwise stated, subject to alteration or withdrawal by notice, in writing, to the Client until the quotation has been duly accepted by the Client, and payment of the quotation has been made. Quotations include only such equipment and work as are specified therein and shall be open for acceptance within 14 days from date of quotation. Should the 14 days period expire the quote become invalid and is subject to change by the Company.

The equipment is inspected and submitted to the manufacturer’s standard tests. Upon further inspection you may be re-quoted if further work is required to complete your repair. Additional tests, if required by the Client, shall be charged as extras. If any tests are to be carried out in the presence of the Client and the Client fails to attend after 7 days’ notice of the place, time and date, then the Company shall be entitled to carry out such tests in his absence, the Client being deemed to be present.

Full payment of a quotation (or further quotations) is required upon acceptance of quotation (or further quotation) to complete the necessary repairs. An upfront assessment fee will be charged upon booking in of the equipment, to cover inspection and related fees. If the Client does not accept the quotation and fails to collect the equipment within 30 days after expiry of the quotation, the equipment will be archived and sold after 6 months to defray expenses.

Repairs are usually completed within 5 to 14 days upon acceptance of quotation and dependent on availability of spare parts. NB: Some spare parts can take up to 8 weeks from source. You will be notified within approximately 7 working days of the progress of the repair. Times for dispatch and completion shall be extended by the requisite periods if delay is caused by, or due to, any cause or event beyond the control of the Company. Any time stipulated for delivery shall not be of the essence of the Contract. Times quoted for dispatch or completion represent best estimates only and are not binding on the Company. The Company will however make every reasonable endeavor to meet delivery times. No damages will be paid by the Company arising from late delivery.

The risk in equipment shall remain with the Client notwithstanding the fact that it shall be in the possession of the Company or a duly authorised third party. Repairs have a standard 3 month warranty from date of collection. The warranty is only valid for the work carried out. Unrelated repairs to the same item of equipment within the 3 month period will be quoted for. All repaired items of equipment and items book in as part of the repair, not collected within 6 months will be sold to defray expenses. The Company reserves the right to charge additional costs for storage if the Client fails to collect the equipment within 21 days of being notified it is ready for collection. The equipment will only be handed/delivered to the Client with appropriate documentation.

Unless specifically agreed otherwise, no condition is made or to be implied, nor is any warranty given or to be implied, as to the life or wear of the goods supplied, or that such goods shall be suitable for any particular purpose or for use under any specific conditions, notwithstanding that such purpose or conditions be known or made known to the Company.

The Company shall not be liable for any delay in performance due to any reason whatsoever beyond the control of the Company and also, but without thereby limiting the generality of the foregoing, war, invasion, act of foreign enemy, hostilities (whether war is declared or not), embargoes, acts of government or equivalent authority, civil war, rebellion, civil strife, force majeure, strikes and/or industrial disputes, pandemics or epidemics. Performance by the Company shall be deemed suspended during such delay and the time for completion shall be extended for a period corresponding to the effects of such delay.

The Company shall discuss with the Client ways of completing performance in circumstances where it is impossible to perform due to any of the events set out above. The Company may terminate the repair and in this event the Company shall refund to the Client the balance of the quoted price paid by the Client as is proportionate to the work done by the Company in, or towards, performance of the repair, up to the date of such cancellation.

Any products that fall within the period specified under a manufacturer’s warranty, excluding physical, liquid and water damages, shall be repaired in accordance with such warranty, which terms of warranty are provided to the Client when the Client purchases the equipment.

The Company shall not be liable for any loss, damage (whether direct, indirect, or consequential), death or injury of any kind howsoever arising from the repair of the equipment.

PERSONAL INFORMATION
By providing the Client’s personal information, the Client hereby authorises the Company, of 9 Roeland Square, Roeland Street, Cape Town, to process the Client’s personal information. “Personal Information” is defined in the Protection of Personal Information Act of 2013 (“POPIA”), and includes, amongst other information, the Client’s name, contact numbers, email address, identity number, and residential and postal address. ‘‘Processing’’ means any operation or activity or any set of operations, whether or not by automatic means, concerning personal information, including;

  • to the Client’s payment instructions;
  • for warranty purposes;
  • statistical, research or historical analysis;
  • to develop and improve products and services;
  • to update the Client and the Company’s records;
  • to identify which of the Company’s products and services might interest the Client;
  • to identify and prevent fraud, money laundering and other criminal activities;
  • for market research.
The Company will use reasonable efforts in order to ensure that any personal information in their possession or processed on their behalf is kept confidential, stored in a secure manner, and processed in terms of POPIA, for the purposes the Client has authorised, and only for the period that the Company will require it.

The Client acknowledges that personal information may be transferred cross-border to countries, which do not necessarily have data-protection laws similar to South Africa, for verification or storage purposes. In any cross-border t ransfer of personal information the recipient will be notified of the need to protect the confidentiality of the personal information.

The Company may share your personal information with third parties involved in the process of providing the services you request. We have trusted relationships with these carefully selected third parties who perform services on our behalf. All service providers are bound by contract to maintain the confidentiality and security of your personal information and are restricted in their use thereof as per these terms and conditions.

The Client is entitled to request access to his/her personal information at a prescribed fee and to request that inaccurate, irrelevant, excessive, outdated, incomplete, misleading, or unlawfully obtained information be corrected.

The Client unconditionally agrees to indemnify the Company acting in good faith in taking reasonable steps to process the Client’s personal information lawfully, against any liability that may result from the processing of the Client’s personal information. This includes unintentional disclosures of such personal information to, or access by unauthorised persons, and/or any reliance which may inadvertently be placed on inaccurate, misleading, or outdated personal information, provided to the Company by the Client or by a third party in respect of the Client.

Should the Client have a complaint about the processing of his/her personal information, which the Company is unable to resolve, the Client may contact the Information Regulator by sending an email to: inforeg@justice.gov.za.