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TERMS and CONDITIONS

 

1. Use of Site

 You may only use this site to browse the content, make legitimate purchases and shall not use this site for any other purposes, including without limitation, to make any speculative, false or fraudulent purchase. This site and the content provided in this site may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed. 'Deep-linking', 'embedding' or using analogous technology is strictly prohibited. Unauthorized use of this site and/or the materials contained on this site may violate applicable copyright, trademark or other intellectual property laws or other laws.

 

2. Disclaimer of Warranty

The contents of this site are provided "as is" without warranty of any kind, either expressed or implied, including but not limited to warranties of merchantability, fitness for a purpose and non-infringement. The owner of this site, the authors of these contents and in general anybody connected to this site in any way, from now on collectively called "Providers", assume no responsibility for errors or omissions in these contents.

The Providers further do not warrant, guarantee or make any representation regarding the safety, reliability, accuracy, correctness or completeness of these contents. The Providers shall not be liable for any direct, indirect, general, special, incidental or consequential damages (including -without limitation- data loss, lost revenues and lost profit) which may result from the inability to use or the correct or incorrect use, abuse, or misuse of these contents, even if the Providers have been informed of the possibilities of such damages. The Providers cannot assume any obligation or responsibility.

The use of these contents is forbidden in those places where the law does not allow this disclaimer to take full effect.

 

3. Our Rights

 We reserve the right to:

  1. Modify or withdraw, temporarily or permanently, the Website (or any part of) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or
  2. Change these Conditions from time to time and your continued use of the Website (or any part of) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.
  3. We will use our reasonable endeavors to maintain the Website. The Website is subject to change from time to time. You will not be eligible for any compensation because you cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website due to circumstances beyond our control.

 

4. Privacy Policy

 We are committed to protecting your privacy. This privacy policy applies to all the web pages related to this website. For the purpose of this clause, "personal information" shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from:

http://www.polity.org.za/attachment.php?aa_id=3569

 All the information gathered in the online forms on the website is used to personally identify users that subscribe to this service. The information will not be used for anything other than which is stated in the Terms & Conditions of use for this service. None of the information will be sold or made available to anyone.

 The Site may collect certain information about your visit, such as the name of the Internet service provider and the Internet Protocol (IP) address through which you access the Internet; the date and time you access the Site; the pages that you access while at the Site and the Internet address of the Web site from which you linked directly to our site. This information is used to help improve the Site, analyze trends, and administer the Site.

 We may need to change this policy from time to time in order to address new issues and reflect changes on our site. We will post those changes here so that you will always know what information we gather, how we might use that information, and whether we will disclose that information to anyone. Please refer back to this policy regularly. If you have any questions or concerns about our privacy policy, please send us an E-mail.

 By using this website, you signify your acceptance of our Privacy Policy. If you do not agree to this policy, please do not use our site. Your continued use of the website following the posting of changes to these terms will mean that you accept those changes.

 

5. Cookie/Tracking Technology

 The Site may use cookie and tracking technology depending on the features offered. Cookie and tracking technology are useful for gathering information such as browser type and operating system, tracking the number of visitors to the Site, and understanding how visitors use the Site. Cookies can also help customize the Site for visitors. Personal information cannot be collected via cookies and other tracking technology; however, if you previously provided personally identifiable information, cookies may be tied to such information. Aggregate cookie and tracking information may be shared with third parties.

 

6. Third Party Links

 In an attempt to provide increased value to our Users, we may provide links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.

 

7. Contract

These terms and conditions of sale of goods (“Contract”) apply to all goods supplied via www.farsouthnet.co.za (“Website”) or directly by Far South Networks (Pty) Ltd, Far South Networks herein (“Far South Networks”) whose registered office is at Unit 2, Bridge House, 49 Bell Crescent, Westlake Business Park, Westlake, Cape Town, South Africa.

 All references to “Customer” to refer to the person or juristic person who the products are marketed or supplied to by Far South Networks, including Dealers and Retail Customers.

This Contract will come into force between the Customer and Far South Networks for the sale of any goods when Far South Networks has – received the Customer’s order (“Order”) for the goods (“Goods”); and accepted the Order by issuing the Customer with a proforma invoice (“Proforma Invoice”) or in the case where no Proforma Invoice is issued, a tax invoice (“Tax Invoice”). Once the above requirements have been met, there is a legally binding contract between the parties.

Far South Networks reserves the right to vary or amend the terms of this Contract from time to time with regards to future sales. The Customer may request a free copy of the latest Contract from Far South Networks.

 

8. Dealer and Retail Customers

  1. Customers who have applied and been accepted as registered dealers for Far South Networks (“Dealers”) will receive dealer prices.
  2. All Customers who are not Dealers are considered to be retail Customers (“Retail Customers”) and retail prices will apply.

 

9. Placing of orders and Product availability

  1. Order processing will not begin until we receive a confirmed order and/or full account payment.
  2. Lead time is dependent on stock availability. Our average manufacturing time is 5 working days plus freight transit time to the dispatch destination/s.
  3. Every effort is made to effect shipment of your order timeously however unforeseen circumstances may cause delays. Should we be faced with such an occurrence Far South Networks will contact you via email and provide a revised shipping schedule.
  4. In the event that Goods are not collected within 1 (one) week of placement of the Order, Far South Networks reserves the right to cancel the Order.
  5. In the event that the Customer cancels the Order for Special Order Goods or Order for large quantities at any time after acceptance thereof by Far South Networks, Far South Networks shall be entitled to charge the Customer a reasonable penalty fee in accordance with the Consumer Protection Act. The penalty fee payable will be 20% (twenty per cent) of the order value.

  

10. Granting and Withdrawal of Credit

  1. Far South Networks will only consider credit applications from Dealers.
  2. Far South Networks decision to grant credit to the Dealer and the nature and extent thereof is at the sole discretion of Far South Networks.
  3. In order to assess whether credit will be granted, the Dealer consents to a credit check to be conducted by Far South Networks through credit bureaux.
  4. Far South Networks reserves the right to withdraw, increase or decrease any credit granted at any time.
  5. A Dealer with approved credit facilities as aforesaid hereby undertakes to ensure that any credit limit approved by Far South Networks is never exceeded. Accordingly the Dealer hereby agrees and undertakes to promptly make whatsoever payments are necessary to ensure that any such credit limit is never exceeded. No Orders of the Dealer will be executed by Far South Networks while any such credit limit is exceeded or any payment is overdue beyond the payment period set out above.
  6. Where credit facilities of the Dealer have been withdrawn by Far South Networks, the Dealer agrees to make payment on a COD basis. Far South Networks may decline execution of orders until the account is settled in full or at Far South Networks discretion.

 

11. Delivery Policy

  1. Any delivery note (copy or original) (“Delivery Note”) signed by the Customer and/or its authorised representative and/or its nominated agent and held by Far South Networks, shall be prima facie proof that delivery was made to the Customer.
  2. The Customer must inspect the Goods on receipt and be satisfied that the Goods conform in all respects to the quality and quantity ordered and are free from any defects.
  3. In the event of the Customer choosing to engage its own third party to transport the Goods, the Customer indemnifies Far South Networks against any claims of any nature whatsoever that may arise therefrom.
  4. Far South Networks is entitled to engage a third party on its behalf to transport Goods purchased by the Customer to the delivery address stipulated by the Customer.
  5. A delivery date is only an estimate as to when the Goods will be delivered, Far South Networks does not guarantee that the Goods will be dispatched or delivered on any particular date and time, and the Customer shall have no claim against Far South Networks in respect of any loss occasioned by any reasonable delay in dispatch or delivery of any Goods ordered, nor may the Customer cancel any Order by reason of such delay.
  6. Far South Networks reserves the right to charge delivery services.
  7. Occasionally packages are returned to us undeliverable. Should this event take place every attempt will be made to contact you to make arrangements for re-shipment.
  8. Far South Networks reserves the right to charge for re-shipment of packages, when non delivery was not as a result of Far South Networks indiscretion.

 

12. Ownership and Risk

  1. Far South Networks takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods
  2. All risk in and to all Goods sold by Far South Networks to the Customer shall pass to the Customer on delivery thereof.

 

13. Return of Goods

  1. If the Goods do not match what was ordered, the Customer is requested to notify Far South Networks as soon as possible after delivery and the Goods must be returned to Far South Networks within 10 (ten) business days after delivery.
  2. If the Goods are returned because they did not match what was ordered and the Goods are not in their original condition and repackaged in their original packaging, Far South Networks may be entitled in terms of the Consumer Protection Act to charge a reasonable amount for use of the Goods during the time they were in the Customer’s possession, any consumption or depletion of the Goods, or for necessary restoration costs to render the Goods fit for re-stocking.

 

14. Return of defective Goods

  1. All Goods sold have a 1 (one) year warranty against defects. The Customer must keep their proof of purchase to verify the date of purchase. Please note that, in terms of the Consumer Protection Act, this warranty may fall away if the Goods have been altered contrary to instructions or after leaving the control of Far South Networks.
  2. If the Goods are returned within 1 (one) year of purchase, and has been proven to be defective by a Far South Networks technician, Far South Networks, at its election, shall either replace, repair or refund the Goods.
  3. Any Goods damaged due to power surges, black outs or lightning will not be serviced under warranty.
  4. The Customer hereby agrees that any item under warranty returned for a repair may be sold by Far South Networks to defray the cost of such repair if the item remains uncollected for a period of 30 (thirty) days after the repairs have been completed.
  5. Should the unit be suspected faulty, the Customer shall log a case with Far South Networks support desk. Refer to XCT Support Guide (FSN-XCTSupportGuide.pdf) for details.
  6. The Com.X Certified Technician (XCT) and Far South Networks support technician shall confirm any and all faults. If fault is resolved the unit shall remain with the customer.
  7. Before returning any Product to Far South Networks for repair, the Customer shall request an RMA number from Far South Networks in writing or phone call by providing the following information in respect of the allegedly defective Product:
      • Serial Number,
      • Model Number,
      • Invoice Number,
      • Detailed description of the defect.
  8. Upon receipt of the RMA number, the Customer must package the returned Product in an appropriate manner, similar or identical to the packaging in which it was originally shipped, and ship it, prepaid by the Customer, to the Manufacturing Facility. No returned Product will be repaired by Far South Networks without an RMA number.
  9. The Far South Networks fault report shall be completed by the Customer and must accompany the unit or emailed to Far South Networks.
  10. Where the Product is in warranty, Far South Networks shall repair and deliver to the Customer at Far South Networks expense.
  11. Where the Product is out of warranty, Far South Networks shall furnish the Customer with a quotation for the cost of repair. Far South Networks shall not commence with the repair of the Product until such time as the Customer has accepted the quotation and provided a valid purchase order or for COD clients settled. When repairs are completed, Far South Networks shall make the Product available for collection to the Customer at the Customer's cost and risk.
  12.  Should the Customer not accept the quotation or, in the case where no defects are found in a Product under warranty or otherwise, Far South Networks reserves the right to charge a reasonable market related engineering and administration free to the Customer. In this case, Far South Networks shall make the Product available for collection to the Customer at the Customer's cost and risk.

  

15. Return of unwanted Goods

  1. Far South Networks reserves the right to charge a handling fee of up to 15% (fifteen per cent) of the value of the returned Goods in the event that a Customer cancels an Order and Far South Networks accepts the return of unwanted Goods. Far South Networks will only entertain such requests if made within 10 (ten) business days of delivery of the Goods.
  2. Far South Networks recommends that you use a courier company for all returns as they offer shipment tracking. Should you choose to use a carrier that does not offer a tracking facility and the goods are lost then no refund or return will be considered.

 

16. Payment and Pricing

  1. The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction Currency is South African Rand (ZAR).
  2. Far South Networks endeavours to offer you competitive prices on current products; your total order price will include the price of the purchase plus any applicable sales tax and shipping charges (on the day of shipping).
  3.  All product prices are exclusive of Value Added Tax (“VAT”) and delivery charges.
  4. The images of the Goods on the Website are for illustrative purposes only and may differ from the actual Goods.
  5. The prices of the Goods are as per the Far South Networks prices at the time of the Order or quotation (“Quotation”), however prices that are linked to the Rand - US Dollar exchange rate and are subject to change until date of Proforma Invoice or Tax Invoice, whichever is issued first.
  6. The price payable by the Customer will be the price as at the date of the Tax Invoice, this price may differ to the price on the Website or Quotation due to the fluctuation in the exchange rate of the Rand.
  7. Far South Networks reserves the right to change pricing at any time without prior notice.
  8. We accept Visa, MasterCard, Diners or American Express credit cards or by bank transfer into the Far South Networks bank account, the details of which will be provided on request. If you do not have a credit card, simply log off and return to the site at a later time to complete your order. All of your order details will be saved online under in the Your Account section available for use whenever you’re ready.
  9. Credit card transactions will be acquired for Far South Networks via PayGate (Pty) Ltd who are the approved payment gateway for Standard Bank of South Africa. PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no credit card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.
  10. Customer details will be stored by Far South Networks separately from card details which are entered by the client on PayGate’s secure site. For more detail on PayGate refer to www.paygate.co.za

 

17. Monitoring

We have the right, but not the obligation, to monitor any activity and content associated with the Website. We may investigate any reported violation of these Conditions or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the Website).

 

18. Law

The Conditions will be exclusively governed by and construed in accordance with the laws of South Africa whose Courts will have exclusive jurisdiction in any dispute, save that we have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions.

 

19. Dispute Resolution

  1. Any dispute arising from this Agreement (“the Dispute”) shall be finally settled according to the following procedure:
  2. The Parties shall first utilise their reasonable  efforts to attempt to settle the Dispute amicably between them by negotiation.  This entails that the one Party invites the other in writing to a meeting to attempt to resolve the Dispute within thirty (30) days from the date of written invitation;
  3. Should such negotiations referred to in 1.1 fail to resolve the Dispute, the Parties irrevocably agree that the Dispute shall be referred to administered mediation upon the terms set by the Arbitration Foundation of South Africa (“AFSA”);
  4. Should the mediation fail to resolve the Dispute, the Parties irrevocably agree that the Dispute shall be finally settled by arbitration in accordance with the rules of AFSA before a single arbitrator appointed in accordance with those rules, with the venue of such arbitration being in Cape Town;
  5. Should the Parties fail to agree to appoint an arbitrator within 5 Business Days after arbitration has been demanded, the arbitrator shall be nominated at the request of any Party to the dispute by the AFSA.
  6. The arbitrator:
    1. Shall have regard to the desire of the Parties to dispose of such dispute expeditiously, economically and confidentially;
    2. Shall be obliged to provide written reasons for his decision; and
    3. Shall make an award in respect of the costs of the arbitration having regard to the substantial success of each Party in the outcome of the proceeding.
    4. The Parties irrevocably agree that the decision in the arbitration proceedings:
    5. Shall be final and binding on the Parties;
    6. Shall be carried into effect;
    7. May be made an order of any court of competent jurisdiction.

 

20. Updating of these Terms and Conditions

 We reserve the right to change, modify, add to or remove from portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to this Website. It is the User’s obligation to periodically check these Terms and Conditions at the Website for changes or updates. The User’s continued use of this Website following the posting of changes or updates will be considered notice of the User’s acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.

 

21. Consent

 I understand that all the designs and trademarks are registered to Far South Networks and hereby accept the terms and conditions. I undertake not to copy/duplicate the trademarks and designs directly or indirectly in anyway and understand the legal implications thereof. Should I be found to be in violation of this agreement I understand that I will be held liable for all legal costs incurred by Far South Networks for any civil action or any legal action deemed necessary against me.

 

22. Company Information

 This website is run by a private company based in South Africa trading as Far South Networks and with registration number 2008/005323/07 and Michael Walton and Grant Broomhall (Director’s)

 

23. Contact Details

 Far South Networks (Pty) Ltd
Unit 2, Bridge House
49 Bell Crescent
Westlake Business Park
Westlake, 7945

info@farsouthnet.com
Main number: 021 700 8260
Fax: 021 700 8277

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