Service Terms & Conditions

Introduction.

Bahati IT Group Trading cc trading as BahatiGroup, BahatiSupport, BahatiCreative, BahatiCloud (Herein referred to as “BahatiGroup”) provides on-site/remote computer and server maintenance, support, cloud SaaS services and consulting services. (Herein referred to as “The Services”) The Services provided to the customer, are subject to the following terms and conditions. By confirming a booking, the customer accepts these Terms and Conditions.

Working Hours.

BahatiGroup’s normal working hours are Monday through Friday, 08:00 to 17:00 and Saturdays, 08:00 to 14:00. In some cases, subject to previous arrangements being made, The Services will be provided out of the normal working hours. These will include Saturday after 14:00 and or Sunday and a latest working time of 22:00. An overtime fee will be charged for these additional working hours. Weeknights and Saturdays will be charged at one and a half times the normal hourly rate. (As well as travel reimbursement.) Sundays will be charged at double the normal hourly rate. (As well as travel reimbursement.) The BahatiGroup engineer will remain at the customer’s premises for the entire time that is needed for the BahatiGroup technician to resolve the problem.

Cancellation/Prevention.

• BahatiGroup must be notified of any appointment cancellations, by no later than 2 hours, prior to the appointment. BahatiGroup reserves the right to invoice any customer when cancellation occurs, less than two hours prior to the appointment.
• If the BahatiGroup engineer or consultant offers a solution that the customer does not wish to use, the customer will be charged for the time spent on site up to this point.
• If the BahatiGroup technician is prevented from resolving a problem because the customer does not possess the appropriate software disks, drivers or product serial numbers, the customer will be charged for the time spent up to that point.
• If the technician diagnoses a fault with a customer’s Internet Service Provider, even when the Internet Service Provider denies any fault, the customer will be charged the standard rates for the time spent on site.

Payment.

The customer will pay BahatiGroup the amount invoiced by the BahatiGroup technician and or products supplied. This amount is due to BahatiGroup from the time the invoice is first given or sent to the customer via email. BahatiGroup will attend to the Customer’s premises for the agreed period, by the customer, prior to or at the commencement of the appointment. BahatiGroup will endeavour to diagnose and or remedy the problem(s) described by the customer, at the commencement of the appointment. If the problems have not been remedied at the end of the first hour of BahatiGroup Support Ninja attendance, BahatiGroup will discuss with the customer the options available. The customer may ask BahatiGroup to continue working on the problem(s), or make a further appointment.

The customer may terminate the appointment at any time. On termination, the customer will pay BahatiGroup the amount incurred in respect of additional time, if any, beyond the first hour’s attendance. 

Payment is to be made in cash or Electronic Fund Transfer. (provided the BahatiGroup technician is supplied with a printed copy of the completed transfer.) Credit card payment is accepted via PayFast Services on request, however, BahatiGroup only accepts certain credit cards and extra charges may apply for credit card payments. Please enquire when booking your job which cards can be used. In the event of a default or dishonoured non-payment, BahatiGroup will charge interest at the rate of 1.5 percent per month. The interest will be charged from the date of the invoice up to and including the date payment is made in full. 

Liabilities.

BhatiGroup accepts no liability in respect of any problem(s) it is not able to remedy due to any matter beyond its control. Including, but not limited to, the age, specification or condition of the customer’s hardware and or software. As well as a customer’s failure to provide appropriate software disks, drivers, product serial numbers or any fault with the customer’s ISP or network.

The customer hereby confirms that a full back up of the customer’s hard-drive has been made prior to BahatiGroup commencing the Services. The customer further confirms that there is no legal restriction or impediment to BahatiGroup providing Services to the customer. BahatiGroup will give an option to backup the clients data on request if no backup has been made by the client, this will be charged for and all backups will only be kept for a period of 30 days and then destroyed.

BahatiGroup shall, under no circumstances, be liable, either in contract, wrongdoing or otherwise for any damage or injury caused to the customer, its employees, partners, agents or any third parties. Including, without limitation, any direct and or indirect or consequential damages, expenses, costs, profits, lost savings, earnings, interruption to business activity, lost or corrupted data or other liability arising out of or related to the Services provided by BahatiGroup or out of installation, de-installation, use of, or inability to use the customer’s computer equipment, hardware, software or peripherals. The customer will, upon demand, indemnify BahatiGroup in respect to loss, damage or injury arising from the provision of The Services. BahatiGroup has no liability to the Customer for data loss or damage incurred in any circumstances whatsoever.

Confidentiality.

BahatiGroup will maintain the confidentiality of the customer’s files and or data. BahatiGroup further undertakes not to provide any customer information to any third party, partner, ISP, save in the event that it is lawfully required to do so. BahatiGroup reserves the right to refuse the provision of The Services for any reason. Including, but not limited to, the presence of unlicensed or illegal software and or material of an obscene or pornographic nature on a customer’s computer. If, for such reason, BahatiGroup terminates The Services, the customer shall be liable for any charges incurred in respect to the time spent on site by the BahatiGroup technician.

BahatiGroup will sign a non-disclosure and or a confidentiality agreement with the client if it is applicable to the needs of the clients type of work or it is legally required to do so for commencement of The Services.

All the Services, drawings, floor plans, IP info, passwords, profile information, Client information that is sorted on our systems via a configuration and or scanned documents are protected via encryption and strong passwords as required by the POPPI act.

All Data that is backup by BahatiGroup will only be kept for 45 days and then it will be destroyed. 

Goods and Service provided by BahatiGroup.

BahatiGroup may make recommendations to the customer, or the customer may request that a product be provided by BahatiGroup, in order for BahatiGroup to perform The Services. All expressed or implied warranties, descriptions, representatives and conditions as to the quality or compatibility in respect of The Services, any item of software, hardware or peripheral provided by BahatiGroup, are expressly excluded. BahatiGroup has no liability as to the suitability of the performance of The Services. Nor of any product manufactured, sold or supplied by a third party and or partner, whether or not that product has been recommended to the customer by BahatiGroup. Any hardware, software or equipment provided to the customer by BahatiGroup shall remain the property of BahatiGroup until full payment is received.

Warranties

• The warranty is only valid for BahatiGroup’s Customers within its warranty period, which this may very from product to product.
• We do not warrant the suitability of goods. 
• Most products have a 12 month warranty from date of purchase (Unless otherwise specified or purchased above the standard warranty).
• The warranty will be void if the serial number or its warranty label is missing.
• The warranty will be void if items are written on or tampered with.
• BahatiGroup will replace or repair the items if a performance failure has occurred within the warranty period. Items that can be repaired by BahatiGroup or our suppliers will not be swapped out.
• The minimum waiting period for the replacement of warranty items is 48 hours after return. This may be extended due to the availability of stock from the Manufacturer or Supplier.
• A component will be declared void and out of warranty if goods are mishandled, struck by lightening or power surges.
• If a system is returned under warranty we cannot guarantee safety of any classified Data. It is the Customer’s responsibility to backup all Data including Application Programs prior to returning any system to BahatiGroup, BahatiGroup can make a backup on the clients behalf if requested to do so. This will only be kept for a maximum of thirty (30) days.
• Damage and defects which are in our opinion directly caused by incorrect or improper use, neglect, power surges, lightening damage, or mishandling by the customer are specifically excluded from any guarantee given or implied.
• In the event that a system or hardware is sent to us under warranty and it is discovered that the fault has arisen due to misuse, neglect, mishandling, incorrect or improper use, we may, at our discretion, charge for parts and/or labour.
• In the event that a system or hardware is sent to us under warranty and it is discovered that the system is functioning as intended, or that the fault has arisen as a result of a software issue, we may, at our discretion, charge for our labour.

Repairs

• Faulty goods must logged and be returned to BahatiGroup.
• Please back-up your data on your hard disk drive before sending the PC for Repairs. Our workshop will not be held liable for any loss of data. BahatiGroup can make a backup on the clients behalf if requested to do so. This will only be kept for a maximum of thirty (30) days.
• BahatiGroup will provide a quotation for repairs which must be approved by the customer prior to commencement of repair work.
• Rejection of quotation for repair may be charged at a flat rate of R180.00
• Workshop repairs carry a 90-day warranty on the repaired item, unless otherwise specified on specific components. The warranty period will commence from Invoice date.
• Any repairs that are not collected after 45 days will be disposed of without further notice.
• Any software configuration, installation or virus removal carried out and demonstrated to the Customer as working correctly is considered from that stage as completed task. If a similar fault occurs they will be treated as a new call and chargeable.
• BahatiGroup will only support Operating Systems and Application Software for which the Customer has valid licenses and the original CD/DVD or proof of purchase for licensing for SaaS on which the software was delivered physically or via email.
• If, during the course of an upgrade and/or repair, it is necessary to reinstall the computer’s software or operating system, the customer will need to supply BahatiGroup with original software installation disks and/or serial numbers and /or product keys. Failure to provide installation disk, serial numbers or product keys may make it impossible to install such software and/or operating systems.
• BahatiGroup reserves the right not to install, reinstall or test any software that we suspect may be pirated or obtained through any illegal means.
• New components installed as the result of a repair or an upgrade will have a one-year warranty from the date of their purchase (unless otherwise specified). No new or additional warranty is given or implied on existing components.
• BahatiGroup does not accept liabilities for any unforeseen hardware failure that occurs while a System or hardware components are in our possession.
• BahatiGroup may not be liable for any consequential loss or expenses, however caused, including incidental return costs. 

Returns

BahatiGroup Services does not issue cash refunds.

No credits will be issued on Printer Cartridges, Software licensing, SaaS licensing, Cloud licensing and any perishables.

A credit note for the full purchase price may be issued if returns take place within 48 hours provided goods are in their original packaging, including all manuals & software and are in a resalable condition.

Credit notes may be issued for goods returned after 48 hours from date of purchase but within 10 (ten) days. All goods returned are to be correctly packaged.

Specifically, goods must be returned in the packaging in which they were received, with all outer boxes and inner packaging intact. Items that are not correctly packaged will attract a minimum 15% handling charge.

Original invoices must be presented with all returns.

No credit will be issued at all if the return is more than 10 days after the purchase.

Return Visit and Complaints Policy

n the event of any dissatisfaction with The Service provided by BahatiGroup, the customer should immediately contact BahatiGroup on +27 (10) 025-2484 or email info@bahatigroup.com. BahatiGroup will make an appointment for a return visit by the designated technician. The technician will endeavour to rectify the problem. If the cause of the dissatisfaction was due to a matter beyond the control of BahatiGroup, the Customer shall pay for the additional time incurred at BahatiGroups’ normal rates. If the problem arose directly as a result of BahatiGroup previous attendance no further charge shall be made.

The following exclusions are not counted as ‘FixedFee’ and will be quoted and invoiced for separately.

Training sessions (planned, groups or anything that requires more than 10 minutes dedicated instruction in total);

New hardware or 3rd party software installations (if a new server, workstation, software rollout or IT system is required a pre-approved quote will be required before any work carried out) ;

Repeat faults as a direct result of end users ignoring recommendations provided by BahatiGroup;

Faults with 3rd party software which BahatiGroup is not able or authorized to work with;

General misuse by the Customer of the System, Hardware or Software;

Any projects which fall outside of normal maintenance and support, each such project to be quoted and approved by the Customer separately 

Fair Use Policy in terms of our FixedFee Remote and Telephonic Support contracts

Although we are able to provide FixedFee remote and telephonic support for each user at the Customer, there is a ‘fair use’ limit of 3 separate tickets per device, per calendar month for unrelated incidents. As an example, if we need to repair the same computer for an ongoing problem or a particular repair is expected to take a long time the support is unlimited (subject to all other conditions), but should a single computer suffer varied unrelated problems the support is limited to three single tickets within a month. This is because numerous unrelated problems on a device are symptomatic of hardware failure and BahatiGroup will make a recommendation to replace or repair subject to warranty terms.

Our Technicians are experienced in removing and dealing with Virus’, Malware and Spyware but given their very nature (and the varying causes of infection), we are unable to provide any extended warranty for onsite or offsite support. Our Technicians will typically perform all the necessary tests to diagnose and remove any infections as best as possible, causing as little disruption to you, your computer and your applications as possible but, given the repair options vary from “do nothing” to “wipe the computer”, the varying repairs can have equally varying results. Additionally, in some instances, Virus’ and Malware programmes are designed to cause as much havoc when removed as when in place, meaning the removal can often leave a computer in a more fragile state than when infected. In these instances, we will continue to provide any support as required but cannot be held responsible for damages caused as a result of any attempted repairs. All Customers should ensure they have a working, reliable backup of all their data and important information before requesting any support, resulting in potentially ‘aggressive’ repair solutions.

The following exclusions are not counted as ‘FixedFee’ and will be quoted and invoiced for separately

• Training sessions (planned, groups or anything that requires more than 10 minutes dedicated instruction in total);
• New hardware or 3rd party software installations (if a new server, workstation, software rollout or IT system is required a pre-approved quote will be required before any work carried out) ;
• Repeat faults as a direct result of end users ignoring recommendations provided by BahatiGroup;
• Faults with 3rd party software which BahatiGroup is not able or authorized to work with;
• General misuse by the Customer of the System, Hardware or Software;
• Any projects which fall outside of normal maintenance and support, each such project to be quoted and approved by the Customer separately

General Terms and Conditions of Trade

• The Customer agrees that (a) this Agreement represents the entire Agreement between the Customer and BahatiGroup and that any alterations or additions to this Agreement may not be effected unless agreed to by both parties, reduced to writing and signed by the Customer and a duly authorized representative of BahatiGroup; (b) this Agreement will govern all future contractual relationships between the parties, notwithstanding receipt or acknowledgement of the Customers own order form or conditions; (c) this Agreement is applicable to all existing debts between the parties; (d) this Agreement is final and binding and is not subject to any suspensive or resolutive conditions; (e) any conflicting terms, conditions or agreements without prejudice to any securities or guarantees held by BahatiGroup and (g) this Agreement applies to all employees and subcontractors of BahatiGroup.
• This Agreement, and any offers, orders or contracts of sale pursuant thereto, become binding only when accepted by BahatiGroup at its business address.
• The signatory hereby binds himself in his personal capacity as Shareholder (in the case of a company), Member (in the case of a close corporation) or Owner, Partner, or Proprietor, as co-principal debtor jointly and severally for the full amount due to BahatiGroup and agrees that this Agreement will apply in the same way to him.
• The Customer acknowledges that it does not rely on any representations made by BahatiGroup in regard to its products and services, or qualities thereof, leading up to this Agreement other than those contained in this Agreement. All specifications, price lists, performance figures, advertisements, brochures and other technical data furnished by BahatiGroup in respect of its products or services, whether orally or in writing will not form part of this Agreement in any way unless agreed to in writing by BahatiGroup.
• The Customer agrees that neither BahatiGroup nor any of its employees will be liable for any negligent or innocent misrepresentations made to the Customer.
• All quotations will remain valid for a period of 7 working days from the date of the quotation, our suppliers only give 24 hour quotations and we will try our best to keep the pricing the same with-in the 7 working days.
• Delivery and performance times quoted are estimates and are not binding on BahatiGroup.
• All quotations are subject to the availability of input goods or services and subject to correction of good faith errors by BahatiGroup, and the prices quoted are subject to any increase in the cost price, including currency fluctuations, to BahatiGroup before acceptance of the order.
• In the event of the Customer disputing the amount of the cost increase in Clause 8 above, the said amount may be certified by an independent auditor and such certificate shall be final and binding on the Customer.
• Notwithstanding the provisions of Clause 1 above, all orders or contracts of sale, or agreed variations thereto, whether oral or in writing, shall be binding and subject to this agreement and may not be cancelled by the Customer.
• It is the responsibility of the Customer to determine that the products or services ordered by it are suitable for the purposes of intended use. BahatiGroup gives no warranty, express or implied, concerning the suitability of the products supplied for any purpose whatsoever.
• BahatiGroup reserves the right, at its sole discretion, to provide alternative products at the prevailing prices to those ordered by the Customer, should those products have been superseded, replaced or otherwise become unavailable.
• Products are sold voetstoets with no warranty against latent defects. All other guarantees, including common law guarantees, are hereby specifically excluded.
• Liability under clause 23 is restricted to the repair or replacement of faulty products or services, or granting of a discount, at the sole discretion of BahatiGroup.
• BahatiGroup shall not be required to work to tolerances closer than those applicable to the materials obtained by it in the ordinary course of trade, or supplied to it by the Customer. BahatiGroup shall not be held liable for any variations in the standard, quality and performance of such materials.
• BahatiGroup shall not be liable for any defects resulting from it being required to expedite delivery ahead of the time needed for the proper production of the order.
• BahatiGroup shall not be held responsible for imperfections in the work due to defects in or the unsuitability of material or equipment not supplied by BahatiGroup. Extra costs incurred through the use of defective materials or equipment supplied shall be for the Customer’s account.
• The customer agrees to pay all costs resulting from any acts, omissions or requests of the Customer including disbursements, suspension of work, modifications of requirements, failure or delay in giving particular requisite to enable work to proceed on schedule, or requirements that work be completed earlier than previously agreed.
• Customer’s property and property supplied to BahatiGroup will be retained at the Customers risk.
• BahatiGroup shall not be liable for any damage arising from any misuse, abuse or neglect of products or services under any circumstances whatsoever.
• Any order is subject to cancellation by BahatiGroup due to Acts of God, or from any cause beyond the control of BahatiGroup, including ( without restricting this clause to these instances ): inability to secure labour, power, materials or supplies, or by reason of an Act of God, war, civil disturbance, riot, state of emergency, strike, lockout, or other labour disputes, fire, flood, drought or legislation.
• The completed product will be dispatched or must be collected by the Customer when ready and the Customer shall not refuse or delay to take delivery.
• BahatiGroup shall be entitled to invoice each delivery or performance separately when executed.
• The Customer agrees to establish, immediately upon delivery, that the products and services appearing on BahatiGroup’s delivery note, Tax Invoice or other documentation, correctly represents the products, or services, and prices agreed to and are free of defects.
• Where products or services are delivered prior to the issue of a Tax Invoice, the Customer agrees to immediately upon receipt of the Tax Invoice establish that it correctly represents the delivered products or services and prices agreed to.
• The Customer hereby confirms that the goods or services detailed on the Tax Invoice issued duly represents the goods or services ordered by the Customer at the prices agreed to by the Customer and, where delivery / performance has already taken place that the goods or services were inspected and that the Customer is satisfied that these conform in all respects to the quality and quantity ordered and are free from any defects.
• Any delivery note, invoice or waybill (copy or original) signed by the Customer or a third party engaged to transport the products, and held by BahatiGroup shall be conclusive proof that delivery was made to the Customer.
• The Customer shall return any defective moveable products to the premises of BahatiGroup at the Customers cost and packed in the original or suitable packaging or BahatiGroup can arrange for collection for a collection charge.
• Claims under this agreement shall only be valid if the Customer has within 3 days of the alleged breach or defect occurring, given BahatiGroup 30 days written notice by prepaid registered post to rectify any defect or breach of Agreement.
• To be valid, claims must be supported by the original Tax Invoice.
• If BahatiGroup agrees to engage a third party to transport products on the Customer’s behalf, it does so on terms deemed fit by BahatiGroup. The Customer indemnifies BahatiGroup against any claims arising from such agreement.
• The risk of damage to, or destruction or theft of its products shall pass to the Customer on delivery of any order placed in terms of this Agreement and the Customer undertakes to comprehensively insure the products until paid for in full. BahatiGroup may recover insurance premiums from the Customer for products insured on the Customer’s behalf.
• All products supplied by BahatiGroup remain the property of BahatiGroup until such products have been fully paid for whether such products are attached to other property or not.
• The Customer agrees that the amount contained in a Tax Invoice issued by BahatiGroup shall be due unconditionally (a) cash on order, or (b) if the Customer is a Credit Approved Customer, then within the granted credit period as specified on the Credit Application, or not later than the end of the month in which a Tax Invoice has been issued by BahatiGroup.
• The Customer agrees to pay the full amount on the Tax Invoice at the Business Address of BahatiGroup or at such other place that BahatiGroup may designate in writing.
• The risk of payment by by electronic funds transfer rests with the Customer.
• The Customer has no right to withhold payment for any reason whatsoever and agrees that any extension of time given for payment shall be valid only if reduced to writing and signed by the Customer and a duly authorized representative of BahatiGroup.
• The Customer is not entitled to set off any amounts due to the Customer by BahatiGroup against it’s indebtedness to BahatiGroup.
• All discounts shall be forfeited if payment in full is not made on the due date.
• The Customer agrees that the amount due and payable to BahatiGroup may be determined and proven by a certificate issued and signed by an independent auditor. Such certificate shall be binding and shall be prima facie proof of the indebtedness of the Customer.
• Any printout of computer evidence tendered by any party shall be admissible evidence and the parties shall not object to the admissibility of such evidence purely on grounds that such evidence is computer evidence or that the requirements of the Computer Evidence Act have not been met.
• The Customer agrees that if an account is not settled in full (a) against order; or (b) within the period agreed in clause 34 above in the case of a Credit Approved Customer, BahatiGroup is entitled to (i) forward a letter of demand using a third party demanding full and final payment.
• The Customer hereby gives his/ her consent for a credit check.
• Outstanding accounts are subject to default listing on a national credit bureau database.
• On payment of the outstanding debt the default listing will be adjusted to read “Paid Default” until legislation demands complete removal
• BahatiGroup reserves the right to provide a national credit bureau with updated personal information.
• The Customer also consents that BahatiGroup may use a national credit bureau database for tracing, should the Customer abscond.
• The Customer hereby agrees that should they default on payment, BahatiGroup can make this information available to the industry and affiliated businesses.
• A Credit approved Customer will forthwith lose this approval when payment is not made in accordance with the conditions of clause 34 and all amounts then outstanding shall immediately become due and payable.
• The Customer agrees that interest shall be payable to BahatiGroup at the maximum legal interest rate prescribed in terms of the Usury Act on any amounts in arrears, and that interest shall be calculated daily and compounded monthly from the date of acceptance of the order.
• The Customer shall be liable to BahatiGroup for all legal expenses incurred by BahatiGroup on the attorney-and-own client scale in the event of (a) any default by the Customer or (b) any litigation in regard to the breach, validity or enforceability of this agreement. The Customer shall also be liable for any tracing, collection or valuation fees incurred as well as for any costs including stamp duties, for any form of security that BahatiGroup may demand.
• The Customer shall pay five thousand Rand into court or furnish sufficient security in lieu of costs in any action instituted by or against the Customer.
• The Customer agrees that BahatiGroup will not be required to furnish security in terms of Rule 62 of the Rules of Court of the Magistrate’s Court or in terms of Rule 47 of the Supreme Court Act 59 of 1959 as amended.
• The Customer expressly agrees that any debt owed to BahatiGroup by the Customer shall become prescribed only after the passing of a period of ten years from the date the debt falls due.
• The Customer irrevocably authorizes BahatiGroup to enter its premises to repossess any products delivered, without court order, and indemnifies BahatiGroup completely against any damage whatsoever, relating to the removal of repossessed products.
• The Customer is not entitled to sell or dispose of any products unpaid for without the prior written consent of BahatiGroup. The Customer shall not allow the products to become encumbered in any manner prior to the full payment thereof and shall advise third parties of the rights of BahatiGroup in the products.
• Any item delivered to BahatiGroup shall serve as a pledge in favour of BahatiGroup for present and past debts and BahatiGroup shall be entitled to retain or realize such pledges as it deems expedient at the value as determined in clause 67. The sworn or realized value of pledged products will be offset against the Customer’s debts and any excess balance will be paid to the Customer.
• BahatiGroup is entitled to exercise a lien over any of the Customer’s property in its possession until all outstanding debts have been paid.
• The Customer hereby cedes and assigns unto and in favour of BahatiGroup all its rights, title, and interest in and to all debts which are now, or which may in the future, become owing to it by any third party or parties as security for the payment by it of all amounts which are now or may from time to time in the future, become owing by it to BahatiGroup from any cause of indebtedness however arising. The Customer agrees that on request by BahatiGroup, it shall be obliged to hand over to BahatiGroup all books of accounts, contracts, invoices and documents, and the like, which it may require for the purpose of ascertaining the amounts due to it and for the purposes of the recovery of payment.
• If any products supplied to the Customer are of a generic nature and have become the property of the Customer by operation of law (confusio or commixtio), the Customer shall be obliged on notice of cancellation of the agreement to transfer the same quantity of products in ownership to BahatiGroup.
• The Customer or any agent acting on its behalf, on whose behalf or at whose instance any services are rendered hereby indemnifies BahatiGroup and all of its employees against any liability which BahatiGroup may incur to any other person as a result of the production of any material produced.
• The customer agrees to the Standard Rates of BahatiGroup for any products supplied or services rendered, which rates may be obtained on request.
• Any document shall be deemed duly represented to and accepted by the Customer (i) within 3 days of prepaid registered mail to any of the Customer’s business or postal addresses or to the personal address of any director, member or owner of the Customer; or (ii) within 24 hours of being faxed to any of the Customer’s fax numbers, or any director, member’s or owner’s fax numbers; or (iii) within 24 hours of being e-mailed to any of the Customer’s e-mail addresses, or any director, member’s or owner’s e-mail addresses; or (iv) on being delivered by hand to the Customer or any director, member or owner of the Customer; or (v) within 48 hours if sent by overnight courier, and (vi) within 7 days of being sent by surface mail.
• Any order is subject to cancellation by BahatiGroup if the Customer breaches any term of this Agreement or makes any attempt of compromise, liquidation, sequestration, termination or if judgment is recorded against the Customer or any of its principals.
• The Customer agrees that BahatiGroup will be immediately and irrevocably released from any contractual damages and penalty obligations should any event in clause 21 or 64 occur.
• In the event of the Customer being in arrears with any payment or in breach of any term of this agreement, BahatiGroup is entitled to cancel all contracts with immediate effect.
• In the event of cancellation, the Customer shall be liable to pay (a) the difference between the selling price and the value of the products at the time of repossession and (b) all other costs incurred in the repossession of the products. The value of repossessed or retained pledged products shall be deemed to be the value placed on them by any sworn valuator after such repossession, and such valuation shall be conclusive proof of the value. If the products are not recovered for any reason whatsoever, the value shall be deemed to be nil.
• The Customer agrees that any indulgence whatsoever by BahatiGroup will not affect the terms of this agreement or any of the rights of BahatiGroup and any such indulgence shall not constitute a waiver by BahatiGroup in respect of any of its rights herein. BahatiGroup will not be stopped from exercising its rights in terms of this Agreement under any circumstances whatsoever.
• BahatiGroup shall not be liable for any consequential damages including loss of profit or for any delictual liability of any nature whatsoever.
• The Customer chooses its address for legal execution as its physical or business address or the physical address of any Director (in the case of a company), Member (in the case of a close corporation) or of the Owner(s) or Partner(s).
• The Customer undertakes to inform BahatiGroup in writing, within 7 days of any change of Director, Member, Shareholder, Owner or Partner or address, or 14 days prior to selling or alienating the Customer’s business. Failure to do so will constitute a material breach of this agreement.
• Upon receipt of such written notification, BahatiGroup reserves the right, at its sole discretion, to withdraw any credit facility advanced to the Customer.
• The invalidity of any part of this Agreement shall not affect the validity of any other part.
• In the agreement any reference to natural persons includes legal persons and vice versa and references to any gender includes references to the other gender and vice versa.
• The Customer hereby consents that BahatiGroup shall have the right to institute any legal action in either the Magistrate’s Court or the High Court at its sole discretion.
• This Agreement and its interpretation is subject to South African law and the Customer consents to the exclusive jurisdiction of the South African Courts referred to in clause 74.
• The Customer hereby consents that any items left with BahatiGroup will be sold after 45 days to defray costs.
• The Customer consents to receiving the BahatiGroup Customer Newsletter, which they have the option of unsubscribing from at any time.