N.A. MANUFACTURING (PTY) Ltd. Terms and Conditions and Warranties
These terms and conditions regulate the business relationship between you and us. By using our Website in any way, or by buying from us, you agree to be bound by them. No person under the age of 18 years may purchase goods. We look forward to seeing you again when you are over 18.
We are: NA MANUFACTURING (Pty) Ltd.
Our address is: 12 Theuns Mulder street, Brits, North West Province.
You are: A visitor to our website, and should you purchase an item(s) a customer.
The Terms and Conditions:
1. Definitions in this agreement:
Means any person or business contracted by us to carry goods from us to you.
Means any content in any form published on our website by us.
Means any of the goods we offer for sale on our website.
Means any website of ours, and includes all web pages controlled by us.
Means display, exhibit, publish, distribute, transmit, and/or disclose information, content and/or material on to Our Website, and the phrases “Posted” and “Posting” shall be interpreted accordingly.
In this agreement unless the context otherwise requires:
2.1. A reference to a person is a reference to one or more individuals, whether or not formally in partnership, or to a corporation, government body, or other association or organisation.
2.2. These terms and conditions apply to all supplies of goods by us to any customer. They prevail over any terms proposed by you.
2.3. Any agreement by any party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing.
2.4. Except where stated otherwise, any obligation of any person arising from this agreement may be performed by any other person.
2.5. In this agreement references to a party include references to a person to whom those rights and obligations are transferred or pass as a result of a merger, division, reconstruction or other re-organisation involving that party.
2.6. The headings to the paragraphs and schedules (if any) to this agreement do not affect the interpretation.
2.7. A reference to an act or regulation includes new law of substantially the same intent as that act or regulation.
2.8. In any indemnity, a reference to costs or expenses shall be construed as including the estimated cost of management time of the indemnified party, such cost calculated R100.00 per hour.
2.9. These terms and conditions apply in any event to you as a buyer or prospective buyer of our goods and so far as the context allows, to you as a visitor to our website.
2.10. This agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.
3. Our Contract with you:
3.1. This agreement contains the entire agreement between the parties and supersedes all previous agreements and understandings between the parties.
3.2. Each party acknowledges that, in entering into this agreement, he does not rely on any representation, warranty, information or document or other term not forming part of this agreement.
3.3. If you use our website in any way and make an order on behalf of another person you warrant that you have full authority to do so and you accept personal responsibility for every act or omission by you.
3.4. We do not guarantee that goods advertised on our website are available. We may change these terms from time to time. The terms that apply to you are those posted here on Our Website on the day you order goods.
3.5. The price of goods may be changed by us at any time. We will never change a price so as to affect the price charged to you at the time when you buy those goods.
3.6. If in future, you buy goods from us under any arrangement which does not involve your payment via Our Website; these terms still apply so far as they can be applied.
3.7. We do not sell the goods in all countries. We may refuse to deliver the goods if you live in a county we do not serve.
4. Acceptance of your order:
4.1. Your order is an offer to buy from us. Nothing said or done by us is an acceptance or an order until we confirm acceptance in writing, referring to the order.
4.2. Your order is an offer to buy from us. We shall accept your order by mail confirmation. That is when our contract is made. Our message will also confirm details of your purchase and tell you when we shall despatch your order.
4.3. If we do not have all of the goods you have ordered in stock, we will offer you alternatives. If this happens you may:
4.3.1 Accept the alternatives we offer.
4.3.2 Cancel all or part of your order.
5. Price and Payment:
5.1. The price payable for the Goods that you order is clearly set out on Our Website.
5.2. It is possible that the price may have increased from that posted on Our Website. If that happens, we will not despatch the Goods until you have confirmed that you wish to buy at the new price.
5.3. Prices include value added Tax (“VAT”).
5.4. Bank charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than Rand will be borne by you.
5.5. If, by mistake, we have under-priced our Goods, we will not be liable to supply those Goods to you at the stated price, provided that we notify you before we dispatch it to you.
5.6. The price of the Goods does include the delivery charge.
5.7. If we owe you money (for this or any other reason) we will credit your credit or debit card as soon as reasonably practicable, but in any event no later than 15 (fifteen) days from the date when we established that repayment is due.
6. Security of your bank information (Credit Card)
We take care to make Our Website safe for you to use.
6.1. Card payments are not processed through pages controlled by us.
We use an online payment service provider by PayGate, who will encrypt you card or bank account details in a secure environment.
7. If you buy as a Consumer.
This paragraph applies if and only if, you are a consumer as defined in the Electronic Communications and Transaction Act 2002.
7.1. As required by the law, details of our after-sales service and guarantees, if any, are given in Our Website terms and conditions (Annexure A) or in catalogues.
7.2. You may return your order at any time before the expiry of 7 days from the date you receive the goods, not including the day you received it, and as long as we receive the goods within 15 days of you receiving it.
7.3. You are required to return the goods by courier (of your choice) to the address as stipulated at the top of this contract.
7.4. You are responsible for the cost of returning the goods. We have no obligation to refund to you, your cost of re-packing and returning the goods.
7.5. If the goods you return show any sign of damage (or loss due to your packing) then we shall be entitled to deduct the cost from your refund amount.
7.6. In the event of cancellation of an order by you in compliance with these terms, we will refund any money due to you in accordance with 5.7
7.7. To assist us in identifying your goods on receipt to us, we ask you to provide telephone numbers / contact details, and the waybill tracking number, as a return reference, to be placed below our address on the returns label.
7.8. This paragraph does not affect your rights in the event that the goods are faulty.
8. Delivery and Pick up:
8.1. Goods are delivered within 7 working days from the day your payment has reflected on our bank statement.
8.2. Deliveries will be made by a courier to the address stipulated in your order. You must ensure that someone is present to accept the delivery.
8.3. If we are not able to deliver your goods within the period as stipulated in 8.1, will you be notified by e-mail, to arrange another date for delivery.
8.4. We may deliver the goods in instalments if they are not all available at the same time for delivery.
8.5. Goods are sent at our risk until signed for by you or by any other person at the address you have given to us.
8.6. All goods must be signed for on delivery by an adult aged 18 years or older. If no one of that age is at the address when the delivery is attempted, the goods may be retained by the courier company. When your goods arrive, it is important that you check immediately the condition and quantity. If your goods have been damaged during transit, you must refuse the delivery and immediately contact us so that we may dispatch a replacement quickly and minimise your inconvenience.
8.7. Signing off the receipt for the goods as “unchecked” or “not checked” or similar is not acceptable.
8.8. Goods are sent by courier. We will send you a message by email to confirm/notify you on the despatch of you order and the waybill details.
8.9. If we agree with you to deliver on a particular day or at a particular time, we will do our best to comply. But no time given is to be treated as contractual. We are not liable to you for any expense or inconvenience you might incur on account of delayed delivery or non-delivery.
8.10. Time for delivery specified on the order, if any, is an estimate only.
8.11. We are happy for you to pick up goods from our warehouse, provided you make an appointment in advance and payment has been confirmed and cleared by our bank.
8.12. If you want to collect goods from our premises then:
8.12.1 We will not be able to assist you in loading of the purchased goods.
8.12.2 Goods are at your own risk form the moment the goods are loaded by you or the appointed courier company acting on your behalf, from our warehouse.
8.12.3 You agree that you are responsible for everything that happens after you take possession of the goods, both on and off our premises, including damage to property or injury to a person of any sort.
9. Foreign taxes and duties:
9.1. If you are not in South Africa, you have to take full responsibility for, and acknowledgement of, the Laws and legalities of your country with regard to your purchases.
9.2. You are responsible when purchasing goods, to comply and adhere to all the legal requirements, on importing the purchased goods. This entails the declaration of the goods, as well as all the import regulations and payment of all import duties and taxes of any kind levied in your own country.
10. Liability for subsequent defects:
10.1. We will repair or replace goods which fail to comply with the provisions of the Consumer Protection Act 2008 or which show a defect. If you claim that the item is defective, the following conditions apply:
10.1.1. The defect must be reported to us in writing within four weeks of becoming apparent.
10.1.2. The defect results only from faulty design or manufacture.
10.1.3. You have returned the defective Goods or parts to us if we have so requested.
10.2. If we agree that we are liable, we will refund the cost of return carriage and will repair or replace the goods free of charge.
10.3. If we repair or replace the goods, you have no additional claim against us either under this agreement of by statute of common law, in respect of the defect.
11. Good Returned:
These provisions apply in the event that you return any goods to us for any reason:
11.1. We do not accept returns unless there was a defect in the goods at the time of purchase, or we have agreed in correspondence that you may return them.
11.2. Before you return the goods to us, please carefully re-read the instructions and check that you have assembled it correctly and complied/followed all the instructions.
11.3. The goods must be returned to us, as soon as any defect is discovered, NOT LATER than 4 weeks since purchase.
11.4. So far as possible, goods should be returned:
11.4.1. With both goods and all packaging as far as possible in their original condition.
11.4.2. Securely wrapped.
11.4.3. Including our delivery slip.
11.4.4. At your risk and cost.
11.5. You must inform us by email message to firstname.lastname@example.org that you intend to return the Goods, specifying exactly what goods, and when purchased, and giving full details of the defect or other reason for return. We will contact you per same email, and issue a return note. If you send goods to us without a return note, we may not be able to identify the consignment to enable us to attend to your complaint.
11.6. In returning faulty Goods, please enclose with the goods a note clearly stating the fault and when it happens or happened.
11.7. If we agree that the goods are faulty, we will:
11.7.1. Refund the cost of the return carriage.
11.7.2. Repair, replace or refund the Goods as we choose or see fit.
12.1. The law differs from one country to another. This paragraph applies so far as the applicable law allows.
12.2. All the conditions, warranties or other terms implied by the law of any country other than the law of South Africa, are excluded from this agreement to the extent permitted by law.
12.3. We may make improvements or changes to our website, the content, or to any of the goods, at any time and without any notice.
12.4. You are advised that the contents may include technical inaccuracies or typographical errors. This is inevitable in any website. We would be grateful if you bring any such errors to our immediate attention.
12.5. We give no warranty and make no representation, express or implied, as to:
12.5.1 The quality of the Goods.
12.5.2 Any implied warranty or condition as to merchantability or fitness of the Goods for a particular purpose.
12.5.3 The correspondence of the goods with any description.
12.5.4 The adequacy or appropriateness of the goods for your purpose.
12.5.5 The truth of any content on our Website.
12.5.6 Non-infringement of any right.
12.6. We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data, or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with the use of our website or the purchase of our goods.
12.7. Except in the case of liability for personal injury or death, our liability under this contract is limited, to the maximum extent permitted by law, to the value of the goods you have purchased.
13. Your Account with NA Manufacturing (Pty) Ltd.
13.1. You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the goods you purchase.
13.2. If you use our website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised individual / entities from using your account.
13.3. You agree to accept responsibility for all activities that occur under your account or password. You should inform us immediately if you believe a individuals / entity has accessed your account without your authority and made adjustments to any aspect of your account, i.e. login details, password or data without your knowledge or consent.
14. Restrictions on what you may post on / to our website.
You agree that you will not use or allow anyone else to use Our Website to post contents which is or may be:
14.1. Malicious or defamatory.
14.2. Consist on commercial audio, video or music files.
14.3. Be illegal, obscene, offensive, threatening or violent.
14.4. Be sexually explicit or pornographic.
14.5. Be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person.
14.6. Give the impression that it emanates from us or that you are connected with us or that we have endorsed your business/company/products.
14.7. Solicit passwords or personal information from anyone.
14.8. Be used to sell any goods or services or for any other commercial use.
14.9. Include anything other than words (i.e. you will not include any symbols or photographs) except for a photograph of yourself in your profile in such place as we designate.
14.10. Link to any of the material specified above, in this paragraph.
14.11. Send age-inappropriate communications or content to anyone.
15. Your Posting: required content.
In connection with the restrictions set out below, we may refuse or edit or remove a posting which does not comply with these terms.
15.1. Hyperlinks, other than those specifically authorised by us.
15.2. Keywords or words repeated, which are irrelevant to the content posted.
15.3. The name, logo or trademark of any organisation other than yours.
15.4. Inaccurate, false, or misleading information.
16. How we handle your content.
16.2. If you post content to any public area of our website it becomes available in the public domain. We have no control who sees it or what anyone does with it.
16.3. Even if access to your text is behind a user registration it remains effectively in the public domain because someone has only to register and log in, to access it.
You should therefore avoid posting unnecessary confidential information.
16.4. We need the freedom to be able to publicise our services and your own use of such services. You now irrevocably grant us the right and licence to edit, copy, publish, distribute, translate and otherwise use any content that you place on our website, in Public domains and in any medium. You represent and warrant that you are authorised to grant all such rights.
16.5. We will use that licence only for commercial purposes of the business of our website and will stop using it after a commercially reasonable period of time.
16.6. You agree to waive of your right to be identified as the author and your right to object to derogatory treatment of your work as provided in the Copyright Act 1978.
16.7. You now irrevocably authorise us to publish feedback, comments and rating about your activity through our website, even though it may be defamatory or critical.
16.8. Posting content of any sort does not change your ownership of the copyright in it. We have no claim over it and we will not protect your rights for you.
16.9 You understand that you are personally responsible for your breach or someone else’s intellectual property rights, defamation, or any law, which may occur as a result of any content having been posted by you.
16.10. You accept all risk and responsibility for determining whether any content is in the public domain and not confidential.
16.11. Please notify us immediately of any security breach or unauthorised use of your account.
16.12. We do not solicit ideas or text for improvement of our goods, but if you do send to us material of any sort, you are deemed to have granted us a licence to use it.
17. Removal of offensive content:
17.1. For the avoidance of doubt, this paragraph is addressed to any person who comes on our website for any purpose.
17.2. We are under no obligation to monitor or record the activity of any customer for any purpose, nor do we assume any responsibility to monitor or police Internet – related activities. However, we may do so without notice to you and without asking your permission.
17.3. If you are offended by any content, the following procedure applies:
17.3.1 Your claim or complaint must be submitted to us in the form available on our website, or contain the same information as that requested in our form on our website. It must be sent to us by email.
17.3.2 We shall remove the offending content as soon as we are reasonably able.
17.3.3 After we receive notice of a claim or complaint, we shall investigate so far as we alone decide.
17.4. We may re-instate the content about which you have complained or not, depending on the outcome of our investigation and findings.
17.5. In respect of any complaint made by you or any person on your behalf, whether using our form of complaint or not, you now irrevocably grant to us a licence to publish the complaint and all ensuing correspondence and communication.
17.6. You now agree that if any complaint is made by you frivolously or vexatious you will repay us the cost or our investigation including any legal fees we acquired during this process.
18. Security of Our Website:
If you violate Our Website, we shall take legal action against you.
You now agree that you will not, and will not allow any other person to:
18.1. Modify, copy or cause damage or unintended effect to any portion of our website, or any software used within it.
18.2. Link to our website in any way that would cause the appearance or presentation of the site to be different from what would be seen by a user who accessed the site by URL into a standard browser.
18.3. Download any part of our website, without our express written consent.
18.4. Collect or use any product listings, descriptions, or prices.
18.5. Collect or use any information obtained from or about our website or the context except as intended by this agreement.
18.6. Aggregate, copy or duplicate in any manner any of the content or information available from our website, other than as permitted by this agreement or as is reasonably necessary for your use of our website.
18.7. Share with a third party any login credentials or our website.
18.8. Despite the above terms, we now grant a licence to you to:
18.8.1 Create a hyperlink to our website for the purpose of promoting an interest common to both of us. You cannot do this without specific permission. This licence is conditional upon you not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.
18.8.2. You may copy the text of any page for your personal use in connection with the purpose of our website.
You indemnify us against all costs, claims and expense arising directly or indirectly from:
19.1. Your failure to comply with the law of any country.
19.2. Your breach of this agreement.
19.3. Any act, neglect or default by any agent, employee, licensee or customer of yours.
19.4. A contractual claim arising from your use of the goods.
19.5. A breach of the intellectual property rights of any person.
20. Intellectual Property:
20.1. We will defend the intellectual property rights in connection with our goods and our website, including copyright in the content whether provided by us or by any other content provider (including copyright in: text, graphics, logos, icons, images, audio clips, digital downloads, data and software)
20.2. Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the content, in whole or in part.
20.3. You may not use our name or logos or trademarks or any other content on any website or yours or that of any other person.
20.4. Subject to the other terms of this agreement, you may download or copy content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any content.
21. Miscellaneous matters:
21.1. When we communicate with you, we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.
21.2. Where we provide goods without specific charge to you, then it is deemed to be provided free of charge, and not to be associated with any other Goods for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of those goods.
21.3. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any affect any other of these terms.
21.5. The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
21.6. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
21.7. Any communication to be served on either party by the other shall be delivered by hand or sent by first class post or recorded delivery or by email.
It shall be deemed to have been delivered:
If delivered by hand: on the day of delivery.
If sent by post to the correct address: within 72 hours of posting.
If sent by email to the address from which the receiving party has last sent an email: within 24 hours if no notice of non-receipt has been received by the sender.
21.8. In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.
21.9. This agreement does not give any right to any third party.
21.10. Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond his reasonable control.
21.11. In the event of any conflict between any term of this agreement and the provisions of the memorandum of incorporation of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
21.12. The validity, construction and performance of this agreement shall be governed by the laws of the Republic of South Africa.
All goods listed below are intended for domestic use only. Any goods used for communal / commercial / industrial purposes shall nullify any claims against the warranty under all circumstances.
Any modifications / tampering of whatsoever nature shall nullify all claims against the warranty under all circumstances.
Failure to follow the assembly instructions will nullify any claims against the warranty under all circumstances.
The warranty is against faulty workmanship and or materials, and excludes any “fair wear and tear”, any use other than the intended use, abuse of any sort including shock and overloading.
Proof of payment must be retained to validate the date of purchase in case of a warranty claim.
Budget Pole Powder Coated – BWP/001: 3 yrs.
Budget Pole Galvanised – BWP/002: 3 yrs.
Rota-dry Queen Galvanised – WP/020-1: 10 yrs.
Rota-fold Queen Galvanised – WP/020-2: 10 yrs.
Rota-dry King Galvanised – WP/021-1: 10 yrs.
Rota-fold King Galvanised – WP/021-2: 10 yrs.
Rota-dry Diamond Anodised – WP/031: 10 yrs.
Rota-dry Master Galvanised – WP/022: 10 yrs.
Balcony Fold-down Mini Powder Coated – BFD/001-1: 3 yrs.
Balcony Fold-down Maxi Powder Coated – BFD/002-1: 3 yrs.
Balcony Fold-down Mini Galvanised – BFD/001-2: 3 yrs.
Balcony Fold-down Maxi Galvanised – BDF/002-2: 3 yrs.
Fold-away Value Galvanised – WR/010-1: 10 yrs.
Fold-away Deluxe Galvanised – WR/011-1: 10 yrs.
Fold-away Ultimate Powder Coated – WR/022: 10 yrs.
Fold-away Ultimate Galvanised – WR/022-1: 10 yrs.
Fold-away Supreme Powder Coated – WR/023: 10 yrs.
Fold-away Supreme Galvanised – WR/023-1: 10 yrs.
Fold-away Narrow Powder Coated – WR/024: 10 yrs.
Fold-away Narrow Galvanised – WR/024-1: 10 yrs.
Fold-away Narrow Aluminium – WR/024-2: 10 yrs.
Retract-a-line 3 x 5 – WL/001: 10 yrs.
Retract-a-line 5 x 8 – WL/002: 10 yrs.
Retract-a-line Indoor – WL/003: 3 yrs.
Bell Line – WL/004: 3 yrs.
All replacement lines supplied with the products / by us do not carry any guarantee of whatever nature.
In addition to the warranty conditions mentioned above, will the warranty on the Auto Rewind Hose Reels be declared nil and void if the product has been tampered with in anyway whatsoever, including attempts to self-repair.
AUTO REWIND HOSE REELS
10m Auto Rewind Hose Reel – NW-10S: 3 yrs.
15m Auto Rewind Hose Reel – NW-15S: 3 yrs.
20m Auto Rewind Hose Reel – NW-20S: 3 yrs.
30m Auto Rewind Hose Reel – NW-30S: 3 yrs.
Wall Mounting Bracket – NW-WB: 3 yrs.
All Planters supplied by us do not carry any guarantee of whatever nature.