MEMORANDUM OF AGREEMENT
The memorandum of agreement must be read separately and/or in conjunction with the Standard Terms and Conditions and all and any quotes, installations, site surveys, reports etc. All sections of the Memorandum of Agreement form part of all and any of the above, unless stated otherwise in writing. The company (Aerial & Satellite Excellence, Magadgets, Make Ready, Educated Risk) has the right to update and change this memorandum of agreement at any time without notice. It is the customer’s responsibility to keep him/herself informed.
1 APPOINTMENT
The customer (any entity/s or person/s doing business with the company) hereby employs the company to provide equipment and/or services to the customer, upon the terms and conditions outlined in this agreement.
2 RECORDED
2.1 The company shall effect the work as commissioned by the customer subject to the terms and conditions prescribed herein.
2.2 Acceptance by the company of the work shall constitute the terms of this agreement.
3 CUSTOMER ACCEPTANCE
3.1 The customer acknowledges that by the company’s acceptance of this instruction (booking, sale, contracts), that:
3.1.1 He shall be liable for the specified amount charged by the company, inclusive of any required material used by the company;
3.1.2 The company rightly assumes that he understands and accepts all costs to be incurred by him.
3.1.3 The company has free access into or onto the customer’s property/premises to remove any equipment not paid for in full without making good. The customer consents to the removal of the said equipment by the company without raising any defences whatsoever.
3.1.4 The company shall in its sole discretion apply such material as the company may require as reasonably necessary to execute the work.
4 OWNERSHIP
4.1 Ownership of the Equipment/Goods shall at all times remain vested in the company until the customer has fulfilled all its obligations in terms of this agreement, and the customer shall not be entitled to sell, encumber, pledge, alienate or part with possession of the Equipment. The risk of these goods shall remain vested in the customer.
4.2 Upon termination of this agreement as a result of the customer’s breach of this agreement for any reason whatsoever, the customer shall return the Equipment to the company in the same working order as with installation. In breach of the above the customer accepts the costs, charges and responsibility for ensuring the equipment is in the same good and working order as on installation. Only an authorised agent agreed to by the company in writing in the warranty period will do any repairs to the equipment within a reasonable time.
4.3 The company shall be entitled, without prejudice, to any other rights that it may have in terms hereof or at law, to cancel the contract forthwith without notice to the customer. In such an event, the company may claim the goods not yet paid for by the customer.
4.4 Goods may not be returned for credit or refund unless prior approval has been obtained from the company. The company reserves the right to allow a percentage credit only. In any event, a handling, and repackaging charge of up to 25 % may be levied.
4.5 Callout fees and Labour charges are non-refundable and no credit or refund can be passed.
4.6 Cable and other material ordered or cut to size is non-refundable and no credit or refund can be passed.
4.7 Electronic equipment can not be returned or refunded including TVs, DStv Decoders, Routers, Streama and other similar devices.
5 THE CUSTOMER SHALL
5.1 use the equipment/goods for the purpose for which it was intended and carefully and properly and shall not interfere or tamper with it or allow anyone other than a current employee or representative of the company to do so;
5.2 keep the equipment at the address where it was first installed/delivered unless written permission has been obtained from ASE to move it elsewhere in the warranty period;
5.3 notify the company immediately if any attachment or execution is levied upon the client or any of its members/shareholders at the premises where the equipment is installed if there is any amount still due and payable to the company;
5.4 permit the company’s agents, employees or representatives to enter the premises where the equipment is installed at all reasonable times and on reasonable notice to inspect the equipment and to carry out necessary maintenance and repairs if necessary in the warranty period or to remove the equipment upon the termination of this agreement as a result of the customer’s breach of this agreement for whatever reason.
5.5 allows another company or person to work on the system.
6 WARRANTY
6.1.1 The company guarantees its labour for a period of 3 months (unless stated otherwise) from the installation date
6.1.2 Only faulty material (supplied/installed by the company) or problems directly related to the company’s labour during installation shall be covered by this warranty.
6.2 This warranty excludes any cost of any additional material and/or Labour required to execute the installation properly.
6.3 All substituted material which is replaced or rectified within the said 3-month period, will only be warranted for the balance of the warranty period.
6.4 Any damage caused as a result of load shedding, lightning and/or power surges, to material and/or electronic equipment is excluded under this warranty, as well as the labour to rectify said damage.
6.5 The company is in no circumstances in a position to advise a customer if the installation is in a so-called “Lightning belt” and therefore the customer may not hold ASE or its agent responsible for damage suffered as a result of an installation without the necessary lightning protection.
6.6 This warranty becomes null and void if the customer and/or any other person including any other company, other than a current employee of the company, acting on an official instruction from the company; tamper with the system in any manner.
6.7 All equipment, including electronic equipment (e.g. but not limited to receivers, transmitters, decoders, alarms, energisers, gate motors, garage motors, CCTV cameras, security beams, recorders, LNB, antennas, dishes, cable, routers, electrical and electronic equipment etc.) is guaranteed by the supplier/manufacturer and as per the supplier/manufacturers warranty policy. All charges levied by the supplier/manufacturer to repair and/or replace said equipment will be for the customer’s account.
6.8 The company will charge their standard call-out and labour fee, if and where applicable, to test, collect and/or deliver and re-install any such equipment.
The company does not accept liability for any damage, theft, fire, and/or loss, to or of the customer’s premises, property and/or personal effects.
6.9 The company does not accept any responsibility whatsoever, for the degradation of the system, or any part thereof, which may occur, whether caused naturally or purposely, or by an Act of God.
6.10 The Company shall under no circumstances, be held responsible for ensuring that the work undertaken conforms, to complex or estate rules and regulations, any law/s, by-law/s and/or Municipal Regulation/s.
7 BREACH OF THIS AGREEMENT BY THE CUSTOMER:
7.1 Default in punctual payment of any instalment or any other amount failing due; or
7.2 Fail to observe and perform any other of the terms, conditions and/or its obligations under this agreement; or
7.3 Commit an act of insolvency or, being a natural person, surrender his estate or die; or
7.4 Suffer any default judgment against it to remain unsatisfied for seven days or if rescission is refused within 14 days of any default judgment; or
7.5 Be sequestrated or placed under judicial management or be wound up, whether provisionally or finally; or
7.6 Abandon the Equipment; or
7.8 Compromise with its creditors or attempt to do so; or
7.9 Have made any inaccurate statement or representation in connection with this agreement, including a credit application for credit facilities or regarding its financial affairs; or
7.10 Do or suffer to be done anything which might prejudice the rights of the Company hereunder, or
7.11 Allow the equipment/goods to be seized under any legal process issued against the customer; or
7.12 Apply for assistance in terms of the Credit Act.
7.13 then, and upon happening of any one or more of these events while any amount is still outstanding to the company whether due and payable or not, the company shall be entitled in its election and without prejudice to any other rights to:-
a) Claim immediate payment of all amounts in arrears or payable in terms hereof present or future irrespective of whether or not such amounts are due on that date which amounts shall immediately become due and payable; or
b) Cancel this agreement, repossess the equipment, retain all payments already made in terms hereof by the customer and claim as liquidated damages, payment of the difference between the full balance outstanding in respect of all other amounts payable in terms hereof.
7.14 Whenever it is necessary in terms of this agreement to determine the value of the equipment, such value shall at the expense of the customer be determined by an appraiser appointed by the company, whose valuation shall be final and binding on the customer.
7.15 The full balance outstanding shall include all costs incurred by the company including the costs of repossession, valuation of the equipment, legal costs on the scale as between attorney and own client and collection commission.
8 CESSION
8.1 The client shall not cede any of its rights nor delegate any of its obligations under this Agreement without the prior written consent of the company nor shall the client be entitled to relinquish possession of or sublet the equipment if the company is the owner of the equipment.
8.2 The company may cede any or all its rights in terms hereof and/or transfer its ownership of the equipment, the subject matter of the Agreement, to any third party without prior notice to the customer. The customer agrees and undertakes that on receiving notice of any such cession and transfer it will hold the goods on behalf of the cessionary and transferee.
9 GENERAL
9.1 The customer shall not be entitled for any reason whatsoever to withhold or delay payment (or any monies) due to the company in terms of this Agreement because of the equipment or any part thereof being in a defective condition or in a state of disrepair before the company has the opportunity to rectify the aforesaid problem during a period of thirty days in the warranty period.
9.2 Should the company cancel this Agreement and the customer dispute its right to do so and retain possession of the equipment pending the determination of that dispute then the customer shall continue to make all payments in terms of this Agreement on the due date thereof into the trust account of the company attorney of record and the acceptance by the company of those payments shall be without prejudice to and shall not in any manner whatever effect the right of the company to cancel this Agreement or any of its other rights.
9.3 A certificate under the hand of an accountant nominated by the company as to the amount due to be paid by the client at any time shall be final and binding on the parties hereto.
9.4 An extension of time or other indulgence granted by the company to the customer shall not be constructed as a waiver of any of the company’s rights hereunder and shall not in any way prevent the company from enforcing such rights.
9.5 This Agreement in conjunction with the Terms and Conditions is the sole record of the Agreement between the parties, the company shall not be responsible for any undertaking representations or warranties unless in writing and signed by the company.
9.6 The company shall not be liable for any loss, damages or injury (actual or consequential) which may be suffered by the customer or any other person arising out of any cause whatsoever relating to this agreement including before, during and after the installation. The customer hereby indemnifies the company against any claims arising from any cause whatsoever which may be raised by the customer and/or any other person against the company arising out of the use of the equipment.
9.7 The company shall be entitled to appropriate any payments made by the client to any amount owed by the client to the company whether in terms hereof or otherwise.
9.8 Should any monies due to the company by the client in terms of this Agreement not be paid timelessly or at all, then the company shall be entitled, without prejudice to any of its rights under this Agreement to charge interest on the amount due and outstanding by the customer at the maximum legal rate permissible from time to time as outlined in the applicable Legislation in substitution therefore calculated from the time of the default.
9.9 The company is not responsible for any warranty, terms and conditions, product and agreement of a sale, or contract between the customer and any other 3rd party.
9.10 if the customer wants any Equipment and Systems to be upgraded or changed the customer will still be responsible for the cost of the original system.
10 PAYMENT TERMS
10.1 The customer accepts and understands that all work undertaken by the company is strictly C.O.D.
10.2 The company charges a call-out fee. This fee is payable even if the customer doesn’t accept our quotation or even if we do not do any or minimum work at the premises.
10.3 Corporate customers must prearrange for payment to be on-site before the call-out.
10.4 The company does not do work on behalf of other service providers. Any claims that the customer might have against other service providers must be handled directly between the customer and that service provider.
10.5 The only acceptable method of payment is Cash, Credit Card (Visa and Master only) and EFT immediate payment into the company account.
The company does not accept third-party credit card payments. Proof of identification is essential.
10.6 If proof of payment can’t be provided before the work commences, or during/before completion of the “work, sale,” the equipment will be removed till proof of payment is received.
