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Welcome to Hyper Power International!

Terms & Conditions

 

THIS IS IMPORTANT DOCUMENT WHICH LIMITS YOUR RIGHTS – PLEASE READ IT CAREFULLY

 

All orders are accepted by HYPER POWER INTERNATIONAL (HPI) subject to the Conditions of Sale set out below:

 

1. General

 

All orders for products and services are accepted by HPI an external company registered in South Africa under registration number 2008/036782/23 are subject to these terms and conditions of sale. No other terms will apply to the supply of products or services by HPI unless agreed in writing by an authorised signatory of HPI or expressly stated otherwise in these terms and conditions of sale. HPI (www.hyper-power.net) may at any time modify these terms and conditions of sale and all orders will be subject to the terms and conditions of sale in force at the time of placing the order. Updated terms and conditions of sale will be published on the www.hyper-power.net (''Website”), and each time the Customer places an order, it will be deemed to have accepted the amended terms and conditions of sale.

 

All descriptions of the products and services contained in the HPI catalogue or otherwise communicated to the Customer are approximate only and shall not form any part of the contract between HPI and the Customer. HPI shall not be liable to the Customer for any errors or omissions in its catalogue. The advertising of products and services in the HPI catalogue is not an offer capable of acceptance; it merely constitutes an invitation by HPI for the Customer to make an offer to purchase products and services.

 

The HPI catalogue is intended for use by business customers and not by consumers or private individuals. Notwithstanding the foregoing, nothing in these terms and conditions of sale shall affect the statutory rights of a Customer who deals as a consumer.

 

2. Prices

 

The prices of the products and services are as set out on the Website at the date of submission of the Customer's order. Products which are not stocked by HPI will be sold at the prices set out in the relevant quotation supplied by HPI. HPI reserves the right to change prices without prior notice at any time.

 

3. Ordering

 

HPI reserves the right to decline to trade with any person. In addition, HPI may decline to accept any order, whether or not payment has been received, by giving notice of non-acceptance to the Customer by telephone, facsimile or e-mail. Orders are deemed to have been accepted by HPI unless HPI declines such order within 10 days of receipt.

 

HPI executes orders to the Customer's requirements, and does not substitute one product for another unless requested by the Customer, or unless the product has been superseded by the latest version. To the extent that orders cannot be fulfilled completely from stock, the unfulfilled balance will (at the Customer's option) either be put on back order to be fulfilled when HPI next has available stock, or be cancelled.

 

The Customer must submit orders using the HPI stock numbers and the priced units used in the HPI catalogue (most up-to-date prices are shown on the on-line catalogue on the Website) and must specify which delivery option is required. Minimum order multiples apply where indicated in the catalogue and on the Website. If the Customer confirms telephone, fax or internet orders, the confirmation must be marked 'CONFIRMATION ONLY' to avoid duplication. If the Customer orders the wrong product or number of products, or duplicates orders, the provisions of clause 12 will apply.

 

HPI permits the placement of forward orders (i.e. ordering a specific quantity of products for delivery over a specified period). Forward orders may be placed over a maximum period of 12 months, and may be for a maximum of 12 deliveries within that period.

 

4. Delivery

 

HPI will arrange delivery according to the customer’s preference when online order was placed. The Customer's delivery options, and the prices for them, are set out on the Website. Delivery will be made to the Customer's address specified in clause 22, unless otherwise agreed in writing between the parties.

 

Times and dates for delivery quoted in the HPI catalogue or on the Website or by HPI's employees are approximate only and HPI shall not be liable for the consequences of any delay in delivery. Time for delivery shall not be of the essence.

 

HPI will send the tracking number to the customer within 24 hours of the pickup of the goods.  If any delivery is late, the Customer must contact the courier company, accompanied with his tracking number and endeavour to ascertain if the product has been delivered or the expected delivery time of the product to the Customer.  

 

The signature of any agent, contractor, sub-contractor or employee of the Customer on HPI's official delivery note, invoice or waybill or that of any authorised independent carrier will constitute prima facie evidence of delivery of the products reflected thereon.

 

5. Inspection, Transit Delays and Non-delivery

 

The Customer must inspect the products as soon as is reasonably possible after delivery and shall, within 1 day of the date of delivery or, in the case of clause iv, the due date for delivery, give notice to HPI in detail of:

 

i. Any defect in the product that is apparent on reasonable examination. In this case HPI shall, at HPI's discretion, replace the products or refund the purchase price. In any event the Customer must refuse parcels delivered to it in a damaged condition;

 

ii. Any shortfall in products delivered. In this case HPI shall, at its discretion, deliver the undelivered products or refund the price of the undelivered products;

 

iii. Any delivery of products not in accordance with the order. In this case HPI shall, at HPI's discretion, replace the products or refund the purchase price;

 

iv. Any non-delivery (not sent by courier) of the products. In this case HPI shall send the undelivered products or refund the price of the undelivered products.

 

If the Customer fails to give any such notice, the products shall be conclusively presumed to be, in all respects, in accordance with the order and free from apparent defects, and the Customer shall be deemed to have accepted the products accordingly.

 

The remedies set out above are the Customer's exclusive remedies for non-delivery, or short delivery of products, or for apparent defects in the products or delivery of products not in accordance with the order. HPI shall not be liable for any losses, consequential or otherwise, or for costs (including legal costs), expenses, liabilities, injuries, loss of profits, business or economic loss, depletion of goodwill, damages, claims, demands, proceedings, judgments or otherwise arising from these circumstances.

 

6. Payment

 

If HPI has not granted credit to the Customer, payment terms are cash or credit card with order.

 

If credit has been granted, the Customer shall pay the price of the product or service within 30 days from statement. Credit facilities may be withdrawn by HPI at any time without prior notice to the Customer and HPI reserves the right, in its sole and absolute discretion, to alter the credit facilities or to review the extent, nature and duration of such facilities without being obliged to furnish reasons to the Customer.

 

All payments must be made without any set-off, deduction or counterclaim.

 

If any sum is not paid on the due date for payment then, without prejudice to any other right or remedy:

 

i. All sums then outstanding from the Customer will immediately become due and payable notwithstanding that such sums would not otherwise be due until a later date, and

 

ii. HPI may apply a compensation charge as an estimate of administrative and other wasted costs incurred by HPI to the Customer of R500 for outstanding sums up to R9 999; R900 for outstanding sums between R10 000 and R100 000 and R1 300 for outstanding sums of R100 001 or more; and

 

iii. HPI may also charge the Customer interest from the due date until payment is made in full (both before and after any judgement) on the amount unpaid at a rate of 2% above the prime overdraft rate published by ABSA Bank SA from time to time.

 

A certificate signed by any director or manager of HPI showing the amount due and owing by the Customer to HPI at any given time shall be prima facie evidence of the facts stated therein for the purposes of all legal proceedings against the Customer for the recovery of the said amount including for the purposes of summary judgment or provisional sentence.

 

7. Passing of Risk and Property

 

Risk of loss of or damage to the products shall pass to the Customer on delivery. Ownership of the products supplied shall not pass to the Customer until full payment of the purchase price has been received by HPI (in cash or cleared funds). If the Customer is late in paying any sum to HPI, then HPI shall be entitled to the immediate return of all products in respect of which ownership has not passed to the Customer. The Customer authorises HPI and its agents to recover the products, and to enter any premises of the Customer for that purpose. Demand for or recovery of the products by HPI shall not of itself discharge either the Customer's liability to pay the whole of the price and take delivery of the products or HPI's right to sue for the whole of the price.

 

8. Product and Availability Information

 

HPI reserves the right, without prior notice, to discontinue any product or to make design changes as part of its continuous programme of product improvement, or to assist product availability, and such changes may take place during the life of any HPI catalogue.

 

Unless otherwise confirmed, nothing in any HPI catalogue is to be taken as a representation of the source of origin, manufacture, or production of the products or any part of them.

 

9. Warranty

 

For products purchased from HPI: HPI warrants that if any product is defective, it will replace or repair the product or refund the purchase price. This warranty is subject to a claim being made in writing to HPI within 12 months of the original date of despatch, or such other longer period as may be indicated by HPI for specific products from time to time in writing.

 

For calibration services purchased from HPI (as referred to in clause 13): HPI warrants that if any service is defective, it will, at its option, either re-provide the service or supply to the Customer free of charge a substitute product in place of the defectively serviced product. This warranty is subject to a claim being made in writing to HPI within 3 months of the date of service, or such other period as may be indicated by HPI from time to time in writing.

 

These warranties shall not apply to any defect which arises from improper use, abuse, failure to follow the product instructions, or any repair or modification made without the consent of HPI. The Customer must return or dispose of the products, or make them available for collection by HPI, in accordance with HPI's instructions and suitably packaged.

 

The Customer must contact HPI to notify HPI of the return of any products prior to returning any products and obtain a returns number, which is to be quoted on all paperwork. Returned products must be accompanied by an advice note stating the original invoice number in respect of the products or services and the nature of any claimed defect. Where the Customer returns products otherwise than in accordance with these warranty provisions, HPI may refuse such products and return them to the Customer at the cost of the Customer.

 

Any products which are replaced by HPI shall become the property of HPI. Title to replacement products shall pass to the Customer on delivery, and the period of the replacement product's warranty shall be the unexpired period of the defective product's warranty.

 

The remedies set out above shall be HPI's sole liability and the Customer's sole remedy for any breach of warranty.

 

The Customer shall have no remedy in respect of any untrue statement made to it upon which it relied in ordering products and/or services (unless such untrue statement was made knowing that it was untrue) other than any remedy it may have set out expressly in these terms and conditions of sale. Save as expressly provided in these terms and conditions of sale, all other warranties, whether express, implied or tacit (whether statutory or otherwise) are excluded to the fullest extent permitted by law (including, without limitation, the implied terms of satisfactory quality, fitness for purpose and provision of services with reasonable care and skill). HPI will not be liable to the Customer for any loss, damage or liability of any kind whatsoever which arises out of the breach of implied warranties, terms or conditions (statutory or otherwise) or breach of any other duty of any kind imposed on HPI by operation of law. The Customer acknowledges that it is responsible for ensuring that the products and services it orders are fit for the purposes for which it intends to use them.

 

10. Limitations of Use

 

Products sold by HPI are not recommended or authorised for use in life support, surgical implantation, nuclear or aircraft applications or for any use or application in which the failure of a single component could cause substantial harm to persons or property.

 

11. Limitations and exclusions of liability

 

HPI shall not be liable for damage, losses (whether direct, indirect or consequential), expenses, liabilities, injuries, loss of profits, business or economic loss, depletion of goodwill, costs (including legal costs), claims, demands, proceedings, judgments or otherwise resulting from the failure to give advice or information or the giving of incorrect advice or information (including through the HPI technical helpline) whether or not due to its negligence or that of its employees, agents or sub-contractors.

 

HPI shall not be liable for economic loss, loss of revenue, loss of profits or expected future business, damage to reputation or goodwill, loss of any order or contract or any consequential or indirect loss or damage, all as may result from, or be connected with: (i) any express or implied terms of the contract between HPI and the Customer, or of any order accepted by HPI; (ii) any duty of any kind imposed on HPI by law arising out of or in relation to the contract between HPI and the Customer or order; (iii) any defect in the products or services; (iv) intellectual property rights infringement; or (v) any other loss whatsoever arising out of these terms and conditions of sale.

 

If, notwithstanding any other provisions in these terms and conditions of sale including without limitation clauses 9, 10 and 11, any liability attaches to HPI, HPI's liability to the Customer arising out of or in connection with these terms and conditions of sale or any order whether in contract, depict or otherwise in respect of one or more of (i) any express or implied terms of the contract between HPI and the Customer, or of any order accepted by HPI ; (ii) any duty of any kind imposed on HPI by law arising out of or in relation to the contract between HPI and the Customer or the order; (iii) any defect in the products or services; (iv) intellectual property rights infringement; or (v) any other loss whatsoever arising out of these terms and conditions of sale shall be limited in the aggregate to R100,000 or the total value of the order, whichever is greater.

 

Nothing in these terms and conditions of sale (including without limitation this clause 11 shall exclude or limit the liability of HPI for death or personal injury caused by the negligence of HPI or its employees, agents or sub-contractors, or for fraud.

 

12. Cancellations and Returns

 

The Customer may not cancel orders once accepted by HPI. HPI may, at its discretion and in writing, allow an order to be cancelled subject to HPI recovering from the Customer the costs incurred by HPI. In the event of cancellation of part of any order only, HPI may invoice the Customer any difference in selling price per unit applicable to the quantity actually despatched up to the time of cancellation compared to the quantity ordered.

 

The customers may only return products to HPI, and receive a credit or refund, on the following conditions:

 

i. The Customer must contact HPI prior to the return of any products and obtain the prior consent of HPI and obtain a returns number (to be quoted on all returned paperwork);

 

ii. Return must be made within 30 days of the date of delivery (as stated on the delivery documentation). Products must be returned to HPI in their original condition and packaging and in a condition which will enable them to be immediately fit for re-sale. Products must be returned to HPI adequately packed and despatched freight prepaid, clearly labelled to:, using the address label available on the Website;

 

iii. The Customer must follow any specific instructions which appear in the HPI catalogue or with any product regarding its return to HPI;

 

iv. The Customer must quote the invoice details or the HPI reference number on the HPI Customer Returns Form from the original despatch note, otherwise any credit given for the returned products will be based upon the lowest sales price; and

 

v. For products returned due to Customer error or no longer required and returned in accordance with i – iii above a handling charge may apply. Details of the handling charges are set out on the Website.

 

Where the Customer returns products to HPI not in accordance with i-iii above (for example, after 30-days from the date of despatch or in an unfit state) HPI will refuse delivery and return the products at the Customer's expense or may apply a handling charge which relates to the actual cost of reprocessing. Details of the handling charges are set out on the Website.

 

This returns policy excludes software, calibrated products, and production packaging products, non-catalogue products, extended range products, DVDs, videotapes, books, software, outsourced products and specially manufactured products. These products may not be returned except in terms of clause 9.

 

In addition, HPI will not accept returned ESD sensitive devices where the integrity of the original HPI.  ESD shielding packaging has been compromised e.g. the bag has been opened and resealed or multiple bags have been stapled together.

 

Products returned to HPI are at the Customer's cost and the Customer's risk. HPI accepts no responsibility for any loss of or damage to products in transit from Customer to HPI or for any items received by HPI with them.

 

13. Calibration services

 

The calibration service is offered only in relation to certain products. The calibration service is outsourced by HPI to an authorised contractor. The charge for the calibration service will be quoted at the time of order.

 

The calibration service is only available at the time of ordering the product in question, and not at a later date.

 

The products shall be tested for compliance with the published specification at appropriate points, using working standards which are periodically verified and which are traceable to South African national standards. A certificate shall be issued in accordance with the conditions of the accreditation granted by the South African National Accreditation System and each certificate shall be valid for a period of one year after the date of issue.

 

14. Force Majeure

 

A force majeure event is any event beyond the reasonable control of HPI (including strikes, traffic congestion, the downtime of any external line, or HPI's inability to procure services, materials or articles required for the performance of the contract except at enhanced prices). If HPI is prevented or restricted from carrying out all or any of its obligations under these terms and conditions of sale by reason of any force majeure event, then HPI shall be relieved of its obligations during the period that such event continues, and shall not be liable for any delay and/or failure in the performance of its obligations during such period. If the force majeure event continues for a period longer than fourteen days, HPI may cancel the affected order or cancel the whole or any part of these terms and conditions of sale, without any liability to the Customer.

 

15. Compliance with laws, instructions and warnings

 

The Customer must, at all times:

 

(i) comply with all relevant laws, regulations and standards relating to the products, including but not limited to the loading, storage, stacking, handling and use thereof;

 

(ii) Comply with the instructions provided by HPI in relation to the products and the handling and use thereof;

 

(iii) Take proper notice of the warnings provided by HPI in relation to any hazards associated with the products or the handling or use thereof;

 

(iv) To the extent applicable, communicate the items listed in (i) to (iii) above to all persons to whom the Customer supplies the goods; and

 

(v) ensure that the persons referred to in (iv) above undertake to communicate the items listed in (i) to (iii) above to all persons to whom they supply the goods, and so on down the supply chain until the goods reach the end user.

 

If the Customer exports the products:

 

(i) the Customer shall comply with all applicable export controls and shall comply with any applicable HPI policy in force from time to time (if there is any conflict between the two, the export controls shall prevail); and

 

(ii) it is the Customer’s sole responsibility to ensure that it complies with all laws and regulations applicable to exports.

 

As far as the law allows, the Customer hereby indemnifies HPI against all actions, claims, costs, demands and expenses incurred or suffered by HPI arising out of the breach by the Customer of this clause 15.

 

16. Business rescue

 

If the Customer is a company, it must notify HPI in writing within 2 days of the occurrence of the following events:

 

(i) When its board of directors becomes aware that the Customer is Financially Distressed;

 

(ii) When its board of directors contemplates, considers, discusses or agrees to the Business Rescue of the Customer proposes to do any of the things referred to in this clause 16; or

 

(iii) When it becomes aware of any person proposing to take, or taking, any step to apply to court for the Business Rescue of the Customer.

 

The written notice must set out the full details of the Financial Distress or the actual or proposed activity contemplated in (ii) and/or (iii) above, as the case may be.

 

'Business Rescue' bears the meaning assigned to it in section 128(1)(b) of the Companies Act, 71 of 2008, and 'Financially Distressed' bears the meaning assigned to it in section 128(1)(f) of that Act.

 

17. Breach

 

If the Customer breaches any obligation owed by it to HPI whether under these terms and conditions of sale or otherwise and fails to remedy such breach (if such breach is capable of remedy) within 7 days of receipt of written notice from HPI requiring it to do so, HPI shall be entitled, without prejudice to any other remedies to which it may in law be entitled, to:

 

(i) Claim immediate payment of all amounts payable by the Customer to HPI notwithstanding that such sum would not otherwise be due until a later date;

 

(ii) Suspend performance of any obligation owed by it and to claim any additional costs and expenses incurred by it as a result thereof;

 

(iii) Cancel the contract; and/or

 

(iv) To retain, as a penalty, all amounts paid by the Customer or alternatively to claim such damages as it may have suffered.

 

The Customer shall be liable to pay all expenses and legal costs, including attorney and client costs and collection commission, which HPI may incur in taking any steps pursuant to any breach of these terms and conditions of sale by the Customer.

 

In addition to any and all other legal remedies available to HPI in law, HPI may immediately cancel this contract or any other contract between the parties with no notice to the Customer if the Customer:

 

(i) Delivers a written notice referred to in (i) of clause 16 to HPI;

 

(ii) Becomes Financially Distressed, or any person undertakes or proposes any activity contemplated in (ii) or (iii) of clause 16;

 

(iii) Is liquidated (provisionally or finally, voluntarily or compulsorily);

 

(iv) Effects a general compromise or any other arrangement with its creditors; and/or

 

(v) Suffers any judgment to be granted against it and fails to meet the judgment, or take steps to set it aside or rescind it, within 30 days of it being granted.

 

18. Intellectual property rights

 

The Customer acknowledges that HPI is the owner or licensor of the intellectual property rights in the HPI website, HPI catalogues, the catalogue content and the stock numbers, and that their whole or partial reproduction without HPI's prior written consent is prohibited.

 

19. Anti-corruption

 

The Customer shall (and shall procure that persons associated with it or other persons who are providing goods or services in connection with this agreement shall) strictly comply at all times with all applicable laws, statutes and regulations relating to anti-bribery and anti-corruption, including, but not limited to, the Prevention and Combating of Corrupt Activities Act 2004, the Prevention of Organised Crime Act 1998, the Financial Intelligence Centre Act 2001 and the United Kingdom's Bribery Act 2010 (the Relevant Requirements) and shall:

 

(i) not (directly or indirectly) induce any employee, agent or subcontractor of HPI to make any concession to or confer any benefit on the Customer, refrain or withhold from doing any act, in return for any gift, money, or other inducement;

 

(ii) Not do or omit to do any act that will cause or lead HPI to be in breach of any of the Relevant Requirements;

 

(iii) Promptly report to HPI any request or demand for any undue financial or other advantage of any kind received by Customer in connection with the performance of this agreement; and

 

(iv) have and maintain in place throughout the term of this agreement its own policies and procedures, including, but not limited to, adequate procedures to ensure compliance with the Relevant Requirements and shall promptly supply copies of or provide access to such policies on request from HPI.

 

The Customer is informed that HPI employees are not permitted to:

 

(i) accept gifts of more than token value, loans, excessive entertainment or other substantial favours from any company or individual that does business with HPI or seeks to do so; or

 

(ii) Solicit gifts or other favours from any company or individual that does business with HPI, or seeks to do so.

 

Entertainment is acceptable only if it has a justifiable business purpose and is of a reasonable nature.

Financial restrictions on gifts and entertainment are contained in HPI’s Anti-Bribery Policy and further details are available on request.

Any breach of this clause 19 shall be a material breach of this agreement which is incapable of remedy.

 

20. Personal information

 

HPI will collect and process personal information of the Customer and its employees and other representatives. To 'process' includes to collect, get, receive, record, organise, collate, store, update, change, retrieve, read, process, transfer, use and share.

The types of personal information that HPI may collect and process includes information that HPI may gain access to or receive from the Customer and its representatives (such as directors, officers, employees, contractors and suppliers) during the course of doing business or interacting with the Customer and its representatives

 

This may include information relating to the Customer, its directors, officers, employees, contractors and/or suppliers, which identifies the Customer and those representatives, and includes but is not limited to: name; identity number; physical address; postal address; telephone number; company registration number; VAT/GST number; records of telephone or other correspondence; information concerning non-compliance with these Terms and Conditions of Sale; financial information; credit information and credit records; and information relating to financial history (all personal information of the Customer and its representatives is called 'Personal Information' or 'Customer's Personal Information').

 

HPI will collect the Customer's Personal Information in several ways, including when the Customer or its representatives send correspondence, give information over the telephone, register to make use of the services on the Website, complete or provide an order, purchases goods, makes use of the services, submits payment details, or browses the Website.

The Customer consents to the processing of the Personal Information by HPI (including any affiliate company, agent or contractor authorised by HPI to process Personal Information) for the purposes of:

(i) Performing obligations arising from, or related to, these Terms and Conditions of Sale, or to the manufacturing and delivery of goods or services;

 

(ii) Exercising rights and remedies of HPI arising from, or related to, these Terms and Conditions of Sale, or to the manufacturing and delivery of goods or services;

 

(iii) Obtaining credit references from third parties to determine the Customer's credit rating, or providing the Customer's credit information to third parties for the determination of the Customer's credit rating;

 

(iv) Issuing and delivering payment instructions to a bank for collection of money from a specified bank account;

 

(v) Complying with laws authorising or requiring such processing, including but not limited to the Regulation of Interception of Communications and Provisions of Communication-Related Information Act, 70 of 2002, and the Financial Intelligence Centre Act, 38 of 2001;

 

(vi)  Facilitating the supply of products and/or the provision of services;

 

(vii) Its legitimate business purposes; and/or

 

(viii) Performing any other act allowed or required by law

 

HPI will disclose Personal Information to third parties (such as suppliers or service providers) where this is reasonable or necessary to perform the processing or actions referred to above.

As part of processing the Personal Information for the purposes described above, HPI may transfer the Customer's Personal Information to its affiliates, agents or carefully selected service providers associated with or contracted by HPI (e.g. credit reference agencies, mailing houses and call centres). HPI's affiliates, agents or service providers may be located outside of the Republic of South Africa and may not have data protection legislation with the levels of protection comparable to the legislation of South Africa. Where HPI transfers the Customer's Personal Information outside of the Republic of South Africa, HPI undertakes to comply with all applicable laws relating to the international transfer of Personal Information. The Customer consents to HPI transferring Personal Information to HPI's affiliates, agents or service providers outside of the Republic of South Africa for the purposes stated above.

The Customer has the right:

(i) of access to and the right to rectify the Personal Information collected;

 

(ii) to object at any time to the processing of Personal Information; and

 

(iii) to lodge a complaint with the regulatory authorities pursuant to any applicable data protection legislation.

 

While the supply of the Customer's Personal Information to HPI is voluntary, a consequence of failing to provide the Personal Information is that HPI may be unable to supply products or services to the Customer or properly perform it obligations.

The Customer agrees, for and on behalf of itself and its representatives, that HPI does not need to comply with any obligations in section 18(1) of the Protection of Personal Information Act, 2013 ('POPI'), to the extent that HPI has failed to do so. This section of POPI requires HPI to notify the Customer and its representatives of various things related to the Personal Information, unless the Customer or the Customer's representatives have agreed otherwise. HPI has, however, endeavoured to make such notifications in these Terms and Conditions of Sale.

The Customer warrants and undertakes that it:

(i) has the right and the authority of its representatives to allow HPI to collect and process the Personal Information in the way set out in these Terms and Conditions; and

 

(ii) Will make its representatives aware of the contents of this clause 20.

 

HPI may send to the Customer and its employees details of other products and services offered by its group that HPI believes may interest the Customer. If the Customer or its employees do not want to receive details of these offers then they should contact the HPI Marketing Department either in writing at PO Box 55944 Wierdapark, 0149, by telephone on +27 12 751 0630 or by e-mail at: sales@hyperdyno.com.

The Customer agrees that HPI may disclose the name of the Customer to certain HPI suppliers for market research and commission purposes.

 

21. Law and Jurisdiction

 

The contract between HPI and the Customer based on these terms and conditions of sale as applicable to each Customer order shall be governed by and interpreted in accordance with the laws of the Republic of South Africa and the Customer submits to the non-exclusive jurisdiction of the High Court (Gauteng Local Division, Johannesburg).

 

22. Domicilia

 

The Customer nominates as its domicilium citandi et executandi the following physical address for the service upon it of process, and the following physical address, fax number and e-mail address for the service upon it of all notices, in connection with these terms and conditions of sale as he has specified and registered on this web site.

 

HPI nominates the following address as its domicilium citandi et executandi for the service upon it of all process, and the following physical address, fax number and e-mail address for the service upon it of all notices, in connection with these terms and conditions of sale:

 

79 Erasmus ave, Raslouw, Centurion, South Africa

 

Fax: +27 86 402 9873

 

E-mail: sales@hyperdyno.com

 

The notice shall be deemed to have been duly given:

 

(i) 5 Business Days after posting, if posted by registered post (airmail, if available) to the Party's address;

 

(ii) on delivery, if delivered to the Party's physical address between 08h30 and 17h00 on a Business Day (or on the first Business Day after that if delivered outside such hours);

 

(iii) on despatch, if sent to the Party's then fax number or e-mail address between 08h30 and 17h00 on a Business Day (or on the first Business Day after that if despatched outside such hours);

 

Unless the addressor is aware, at the time the notice would otherwise be deemed to have been given, that the notice is unlikely to have been received by the addressee through no act or omission of the addressee.

 

A party may change that Party's address, fax number or e-mail address for this purpose to another physical address in the Republic of South Africa by notice in writing to the other Party, such change to be effective only on and with effect from the 7th day after the giving of such notice.

 

Notwithstanding anything to the contrary herein contained, a written notice or communication actually received by a party shall be an adequate written notice or communication to that Party notwithstanding that it was not sent to or delivered at that Party's chosen address.

 

23. Miscellaneous

 

Each provision of these terms and conditions of sale, and each part of any such provision, is separate and severable from the others. To the extent that any provision in these terms and conditions of sale, or any part of such provision ('Severed Provision or Part') is, becomes or is declared by a court of competent jurisdiction or other competent authority to be unlawful, invalid or unenforceable for any reason or in any jurisdiction, then it will, to the extent that it is unlawful, invalid or unenforceable, be severed from these terms and conditions of sale and treated as if it had not been written (i.e. pro non script), without invalidating or affecting the enforceability of the remainder of such provision or the remainder of these terms and conditions of sale.

 

The use of any expression covering a process available under South African law shall, if the Customer is subject to the law of any other jurisdiction, be interpreted in relation to the Customer as including any equivalent or analogous proceeding under the law of such other jurisdiction.

 

The rule of construction that if general words or terms are used in association with specific words or terms which are a species of a particular genus or class, the meaning of the general words or terms shall be restricted to that same class (i.e. the eiusdem generis rule) shall not apply, and whenever the word "including" is used followed by specific examples, such examples shall not be interpreted so as to limit the meaning of any word or term to the same genus or class as the examples given.

 

No contract varying, adding to, deleting from or cancelling these terms and conditions of sale, and no waiver of any right under these terms and conditions of sale, shall be effective unless reduced to writing and signed by or on behalf of the parties.

 

The grant of any indulgence, extension of time or relaxation of any provision by a party under these terms and conditions of sale shall not constitute a waiver of any right by the grantor or prevent or adversely affect the exercise by the grantor of any existing or future right of the grantor.

 

A party may not cede any or all of that party's rights or delegate any or all of that party's obligations under these terms and conditions of sale without the prior written consent of the other party.

 

These terms and conditions of sale are governed and interpreted in accordance with the laws of the Republic of South Africa and for this purpose the parties consent to the non-exclusive jurisdiction of the South Gauteng High Court, Johannesburg.

 

24. Consumer Protection Act

 

Nothing in these terms and conditions of sale:

 

(i) Limits or exempts HPI from any liability (including liability for any loss directly or indirectly attributable to HPI' gross negligence or that of any person acting for, or controlled by, HPI) to the extent that the law does not allow this; or

 

(ii) Requires the Customer to assume risk or liability for this kind of loss to the extent that the law does not allow this.

 

If these terms and conditions of sale, and/or any products and/or services provided under these terms and conditions of sale, is regulated by the Consumer Protection Act, 68 of 2008, as amended, it is not intended that any provision of these terms and conditions of sale contravenes any provision of that Act. Therefore, all provisions of these terms and conditions of sale must be treated as being qualified, to the extent necessary, to ensure compliance with the provisions of that Act.

 

Annexe A Additional terms and conditions for export customers

 

The terms contained in this annexe are in addition to those contained in the standard terms and conditions of sale to which this annexe is attached. In the event of any conflict between the standard terms and conditions of sale and this annexe, the provisions of this annexe shall prevail.

 

1. Ordering

 

All orders must be submitted to HPI in writing by post, fax or e-mail and such orders must include full instructions regarding transportation (including mode of carriage) and the country of final destination.

 

2. Price

 

All prices exclude:

(i) Packaging;

(ii) Transportation

(iii) VAT (if applicable)

 

(iv) all other duties, taxes, dues, levies or charges imposed in connection with the products by the South African authorities and/or the authorities in any country to which the products are to be transported; and

(v) the fees of any Chamber of Commerce and/or any consular fees of the country to which the products are to be transported, for which the Customer is solely responsible.

 

3. Payment

 

Payment terms are cash or direct deposit with order, bank draft or bank guaranteed cheque drawn on a South African bank with order, or (subject to HPI' prior written approval) confirmed irrevocable letter of credit, credit card or direct EFT.

In instances of payment by confirmed irrevocable letter of credit, same must:

(i) be subject to the Uniform Customs and Practice for Documentary Credits (1993 Revision ICC Publication No. 500) as amended;

(ii) be irrevocable and opened or confirmed by a recognised South African bank to HPI' sole satisfaction;

(iii) be expressed to be payable at sight in Rands;

(iv) be expressed to allow part shipment;

(v) be expressed to have a validity period of not less than 60 days from date of opening or confirmation;

(vi) state that all costs and commissions are for the Customer's account;

(vii) conform in all respects to the tender and quotation of HPI including with regard to the description of the products, price and delivery terms; and

(viii) state the origin of the products to be "various".

 

4. Delivery

 

Unless otherwise agreed upon in writing between the parties, delivery shall be from Hyper Power International, 79 Erasmus ave, Raslouw, Centurion, South Africa). Where the parties agree that the Customer takes responsibility for transportation of the products, delivery shall be in accordance with THE COURIER GUY.

 

If the Customer does not collect the Products or give HPI adequate instructions regarding transportation of the Products from HPI' premises, then HPI may, without prejudice to any of its other rights or remedies:

 

(i) arrange transportation of the Products to the Customer's domicilium citandi et executandi by whatever means it thinks most appropriate at the Customer's risk and expense; or

 

(ii) Arrange storage of the Products at the Customer's risk and expense; or

 

(iii) By notice in writing, treat the agreement between the parties as repudiated by the Customer.

 

Additional Information on Services - May 2015

 

The following options are available to the Customer. HPI' current terms and conditions of sale shall also apply. These options and their terms and prices are subject to change. Whilst HPI will try to maintain the prices quoted below, HPI reserves the right to change them without prior notice at any time.

 

The information relates specifically and only to the South African market. Full terms and conditions for export markets are available on request.

 

1. Ordering

 

NEXT DAY DELIVERY (SOUTH AFRICA ONLY):

 

HPI reserves the right to apply an additional charge of R95 for all offline orders.

 

HPI aims, but does not guarantee to deliver products the next working day when available from local stock. Stock not held locally will be available within 4 – 12 working days from date of order unless an extended lead time applies.

 

No deliveries will be made on Saturdays, Sundays or public holidays unless it is specifically arranged and the relevant surcharges are agreed to. Delivery times are approximate only.

 

 

Online delivery charge including VAT: R150    0-15 kg (Domestic Road freight (ECO)

Rate per extra kg: R8.50 per kg.

 

Offline delivery charge including VAT: R150 + R95 = R245

Rate per extra kg: R8.50 per kg.

 

Next day major and metropolitan city delivery - Monday - Friday

 

Next working day by 17.00 pm

 

 

2.2 DANGEROUS GOODS:

 

Products classified as hazardous / dangerous, including batteries with special transport requirements, will be delivered within 3 – 5 working days subject to local stock availability. Charges as per section 2.1 apply.

 

2.3 TRADE COUNTER COLLECTION:

 

Locally stocked products are available for collection from the HPI Trade Counter in Centurion between 08:00 and 17:00 on weekdays. When collecting from the HPI Trade Counter an official purchase order and proof of identity must be presented.

 

2.4 EXTENDED RANGE PRODUCTS:

 

All orders containing Extended Range products are subject to additional shipping and handling charges quoted at the time of the order. HPI aims to deliver Extended Range orders in 14 - 16 days, subject to stock availability.

 

2.5 FORWARD ORDERS:

 

Forward Orders are limited to a 12 month period from the date of the order and to a maximum of 12 deliveries within the 12 month period.

 

2.6 EXPORT ORDERS AND COLLECTIONS:

 

All goods purchased and collected for export will be subject to international export regulation as well as the relevant South African legislation.

 

Export delivery and contract terms will be agreed at the time of the order being placed.

 

3. Methods of Payment

 

HPI offers an HPI account to qualifying customers on 30 day terms as the preferred transaction method. HPI account payment can be made by electronic fund transfer (EFT) or  credit card

 

Online payment may be made by credit card. Cash can be accepted at the HPI Trade Counter.

 

4. Returns / handling charges

 

The handling charge for returns which are made in accordance with the returns policy set out in HPI' current terms and conditions of sale is 20% of the invoice value or a minimum of R100. Returns not made in accordance with the HPI returns policy will only be accepted at HPI's discretion and subject to reprocessing costs as indicated in our general terms and conditions.

 

5. Calibration

 

CALIBRATION OF NEW INSTRUMENTS:

 

HPI will arrange the calibration of new products to the required standard on request. Such calibrated products are despatched in 10 days from the date of the order subject to stock availability. The price of calibration is quoted on request as well as the lead time that can be expected for the calibration service to be completed. Calibrated products are not available for immediate collection from the HPI Trade Counter.

 

Re-calibration and repair of products will be referred to a local repair and calibration service provider.

 

Re-calibration and repair of products will be referred to a local repair and calibration service provider.

 

HPI accepts no liability if it fails for any reason to advise the Customer of any due calibration. HPI further accepts no liability related to referring the request to a 3rd party calibration and repair centre.

 

Send all enquiries about repair or calibration to sales@hyperdyno.com or call +27127510630 and ask for repair and calibration assistance.

 

6. Quality Conformance

 

A statement of quality conformance is provided for all Products, on the delivery note. Where these fall within the scope of HPI' certification to 2008/036782/23, the statement will be in accordance with the conditions of registration. The statement does not provide batch or lot traceability.

 

Registered office: HPI (Hyper Power International), 79Erasmus ave, Raslouw, Centurion, South Africa, 0157, Tel: +27127510630, Registered No.  2008/036782/23