Terms of Service and Conditions of Sale for eCommerce

Terms of Service for DCC Technologies (Pty) Ltd, or “DCC“ or “The Company”
Effective Date: September 12, 2024

Introduction

DCC Technologies (Pty) Ltd, or DCC ("we," "us," or "our") provides an online platform for purchasing products through our website engage.dcctech.com ("the Site"). These Terms of Service ("Terms") govern your use of the Site and our services. By using the Site, you agree to be bound by these Terms. If you do not accept these Terms, please do not use the Site.

1. DEFINITIONS

1.1. “This Agreement” means this Terms of Service and Conditions of Sale;
1.2. “The Company” means DCC TECHNOLOGIES (PTY) LTD, registration number 2019/431561/07, including but not limited to any of its associated and subsidiary companies as well as any companies in which it holds any shares or interest, whether located within South Africa or elsewhere, their successors in title and assigns;
1.2. “Credit Agreement” means a credit agreement entered into between the Customer and the Company
1.3. “The Customer” means the party or entity or its affiliates or subsidiaries, that uses this website or is a purchaser of the Goods supplied by the Company;
1.4. “Effective date” means the date upon which this Agreement becomes effective, being the date upon which the customer first purchases Goods from the Company;
1.5. “The Goods” means the Goods supplied by the Company to the Customer.

2. THIS AGREEMENT

2.1. This Agreement shall govern the supply of Goods and/or the rendering of services by the Company to the Customer, through the DCC Engage website (“engage.dcctech.com” or “this website”).
2.2. When the Customer places an order with the Company, the Customer will be deemed to have knowledge of and have accepted the provisions of this Agreement.
2.3. The Customer acknowledges that it does not rely on any representations made by the Company regarding the goods and services or any of its qualities leading up to this Agreement other than those contained in this Agreement. Any recommendation, formula, advice, dimension, weight, specifications, price list, performance figure, advertisement, brochure and other technical data furnished by the Company in respect of the goods or services orally or in writing is approximate and for information only and will not form part of the Agreement in any way unless agreed to in writing by the Company.
2.4. The Customer warrants that neither the Company nor any of its employees will be liable under any circumstances whatsoever for any loss or damage arising out of the use by the Customer of any misrepresentation, material or information referred to above whether furnished negligently or innocently.
2.5. The Customer warrants that it will not sell goods to any prohibited countries like Cuba, Iran, North Korea, Syria and Crimea Region of Ukraine. This list can be increased from time to time.
2.6. The Customer warrants that it will not sell goods listed to the end users listed on https://www.trade.gov/data-visualization/cslsearch, and search for South Africa or any other country which may be exported to.
2.7. The Customer warrants that it will not sell goods to the end-users involved in, Nuclear Technology, Missile Technology, Chemical or Biological Weapons, Maritime Nuclear Propulsion, Military or Weapons of Mass Destruction.
2.8. The Customer warrants that they will not accept any bribes or gifts to place orders with the Company and if any is offered to them, to report the incident to either the Financial Controller or the Managing Director of the Company.
2.9. The Customer warrants that they will refrain from any bribery, whether monetary or non-monetary to the end-users for the attainment of any orders.
2.10. The Customer warrants that they do not have any ties with any person/s within the Government departments, in so far to be able to influence the awarding of any tenders to the Customer.

3. THE GOODS

3.1. It is the sole responsibility of the Customer to determine that the goods or services ordered are suitable for the purposes of intended use. The Customer agrees to the Standard Rates of the Company for any goods or services rendered, which rates may be obtained on request.
3.2. The Customer agrees to pay all costs resulting from any acts or omissions by the Customer including suspension of work, modification of requirements, failure or delay in giving particular requisite to enable work to proceed on schedule or requirements that work be completed earlier than agreed.
3.3. The Company reserves the right at its sole discretion to provide alternative goods at the prevailing prices to those ordered by the Customer should such goods be unavailable, superseded, replaced or their manufacture terminated.
3.4. The Customer acknowledges that all prices quoted on the website are dependent on the prevailing rate of exchange applicable to the date and time of adding items to the shopping cart. Any potential fluctuation in the rate of exchange before check-out might affect the quotation price.
3.5. All quotations or prices of items in the shopping cart before checkout are subject to the availability of the goods or services and subject to correction of good faith errors by the Company and the prices quoted are subject to any increases in the cost price, including currency fluctuations, of the Company before confirmation of purchase.
3.6. The Customer hereby confirms that the goods or services on the Tax Invoice issued duly represent 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.
3.7 All estimated delivery dates for stock items, or “estimated times of arrival” (ETAs) for non-stock items, or items where DCC is short-stocked, are provided to the Customer using the information available to DCC from its vendors. DCC will use its best efforts to deliver according to the ETAs provided. DCC cannot be held liable for any changes or amendments to the delivery dates or ETAs provided. The Customer hereby holds DCC harmless for any damages or losses suffered due to a change in delivery date or ETA.
3.8. All orders or agreed variations to orders, whether oral or in writing, shall be binding and subject to these standard conditions of the agreement and may not be cancelled.
3.9. Repair times and repair costs given are merely estimates and are not binding on the Company. The Company shall not be liable for any loss or damage of whatsoever nature which the Customer may suffer because of any unforeseen costs and/or delayed repairs.
3.10. Any item handed in for repair may be sold by the Company to defray the cost of such repairs if the item remains uncollected within 30 days of the repairs being completed.
3.11. All goods taken on a demonstration basis by the Customer are deemed sold if not returned within 14 days of issue in the original condition, in the original packaging and with all accessories and manuals intact.
3.12. The Customer acknowledges all copyrights and shall not duplicate copyrighted material and that each infringement attempt shall immediately render the full prevailing price payable to the Company.
3.13. The Customer shall indemnify the Company against any claims, costs and expenses arising out of the infringement of copyright, patent, trademark or design supplied by the Customer.
3.14. New goods are guaranteed according to the Manufacturer's product specific warranties only and all other guarantees including common law guarantees are hereby specifically excluded. Services are guaranteed for a period of 3 months against faulty workmanship and parts are guaranteed according to the Manufacturer's product specific warranties. This notwithstanding, the Company reserves the right to alter, amend or change any Manufacturer's product specific warranties as applicable and undertakes to inform the Customer of any and all such alterations, amendments or changes upon the sale of the goods.
3.15. Liability under Clause 3.14 is restricted to the cost of repair or replacement of faulty goods or services or granting of a credit at the sole discretion of the Company.
3.16. No claim under this Agreement shall arise unless the Customer has, within 2 days of the alleged breach or defect occurring, given the Company 30 days written notice to rectify any defect or breach of Agreement.
3.17. The Customer shall return any defective moveable goods to the premises of the Company at the Customer's own cost and packed in the original or suitable packaging and all risks for the duration of repair remain with the Customer.
3.18. Any goods returned by the Customer to the Company for credit 2 days after the date of delivery shall be subject to a handling fee of 10 % of the invoice amount applicable to the returned goods. Credit shall only be considered if the goods are returned within 7 days of the invoice date provided that such returned goods are not defective in any way, are in their original saleable condition and packaging supplied by the Company and are accompanied by the original invoice. Should the Customer comply with these provisions, credit will be passed at the Company’s current price for the goods, or the original purchase price whichever amount is the lesser.
3.19. The Company shall not accept the return of any software if the packaging or any seals of the software has been opened or tampered with in any way.
3.20. All guarantees are immediately null, and void should any goods be tampered with or should the seals on goods be broken by anyone other than the Company or should the goods be operated or stored outside the Manufacturer's specifications.
3.21. Under no circumstances shall the Company be liable for any consequential damages including loss of profits or for any delictual liability of any nature whatsoever.
3.22. Under no circumstances shall the Company be liable for any damage arising from any misuse, abuse or neglect of the goods or services.

4. DELIVERY OF GOODS

4.1. The date of delivery of the Goods will be deemed to be the date when the Goods are delivered to the Customer’s nominated delivery address or the date on which the Company notifies the Customer that the Goods are available for collection. Any third party who accepts delivery or who collects the Goods from the Company will be deemed to be the Customer’s agent and it shall not be necessary for the Company to prove the authority of such person, who shall be deemed to have been duly authorized for such purpose.
4.2. The Customer warrants that the signatory to any tax invoice, delivery note or any other documentation of the Company made out in the name of the Customer is duly authorized to bind the Customer in relation to the transaction and shall be accepted as proof of such indebtedness or delivery or such other fact and are in accordance with the quality and quantity reflected thereon, unless the Customer proves otherwise, and that the goods are received in good order.
4.3. The Company will endeavour to deliver the goods to the Customer within a reasonable period. The Customer shall not be entitled to cancel any order by reason of any delay (delivery, installation, commencement and performance times quoted are merely estimates and are not binding on the Company) and the Company shall not be liable for any damages for failure to timeously effect delivery of the Goods for any reason.
4.4. Where the Customer has opted to collect the goods purchased, it is the responsibility of the Customer to arrange the collection themselves or to contract with a suitable courier service to collect the goods on the Customer’s behalf. If the Company, however, agrees to engage a third party to transport the goods, the Company is hereby authorized, in its sole discretion, to engage a third party on the Customer's behalf and on the terms deemed fit by the Company.
4.5. The Customer indemnifies the Company against any claims that may arise from such agreement in clause 4.4 against the Company.
4.6. Delivery of the goods or services to the Customer shall take place at the address specified by the customer on completion of the order.

5. PAYMENT

5.1. If the Company has granted the Customer credit facilities, payment must be as per the terms granted by the Company to the Customer in the Credit Agreement.
5.2 In the absence of any specific agreement between the Company and the Customer as to the payment terms agreed upon and written confirmation thereof from the Company to the Customer, the payment terms shall be as defined on the checkout page of this website.
5.3. The Customer carries any risk associated with or arising from the method elected to affect payment to the Company.

6. RISK AND OWNERSHIP

6.1. Risk in the Goods will pass to the Customer on the date of delivery but ownership in the Goods shall remain vested in the Company until the full purchase price for such Goods is paid to the Company. If the Customer delays or fails to accept delivery of the Goods to be delivered at its nominated address, the risk in such Goods shall pass to the Customer as soon as the Company attempts to deliver same to the Customer.
6.2. While any amount is owed by the Customer to the Company in respect of any Goods, the Customer shall be obliged to keep the Goods concerned free of any lien, hypothec, encumbrance and/or attachment.
6.3. The Customer shall take all such steps as may be necessary to notify interested third parties and inform the owner / landlord of the premises at which the Goods are kept of the Company’s ownership of such Goods.
6.4. If any goods 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 retransfer the same quantity of goods in ownership to the Company.

7. LEGAL PROVISIONS

7.1. This Agreement and all transactions between the Customer and the Company shall be governed by and decided upon in accordance with the laws of the Republic of South Africa.

8. CONSENT TO DISCLOSURE AND USE OF INFORMATION (POPI ACT)

8.1 By making use of this website, you agree to the storage and handling of data by the Company in accordance with this Agreement and read in conjunction with the Company’s Privacy Policy, at https://engage.dcctech.com/privacy-policy as amended from time to time.

9. INTELLECTUAL PROPERTY

9.1. Ownership: All content on the Website, including text, images, and logos, is the property of DCC Technologies (Pty) Ltd or its licensors.
9.2. Use Restrictions: You may not reproduce, modify, distribute, or otherwise use any content from the Website without our prior written consent

10. DISCLAIMER

10.1 The website and all content are provided on an "as is" and "as available" basis, without warranties of any kind, either express or implied. We disclaim all warranties, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.  

11. LIMITATION OF LIABILITY

11.1. In no event shall we be liable for any indirect, incidental, special, consequential, or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if we have been advised of the possibility of such damages), arising out of or in connection with the use or inability to use the website.

12. CHANGES TO TERMS

12.1 We reserve the right to update these Terms at any time. Changes will be effective immediately upon posting on the Site.

13. CONTACT DETAILS

13.1 If you have any questions or concerns about these Terms, please contact us at engage@dcctech.com or +27 11 201 8927.

14. ACCEPTANCE

14.1 Although the provisions of this agreement are self-explanatory, the Customer warrants that he/she/it has read and understands ALL the provisions contained herein.
14.2 By clicking "Accept" on the registration form or by using the Site, you acknowledge that you have read, understood, and agreed to these Terms.