PLEASE NOTE: These product or service specific terms and conditions must always be read together with our General Terms and Conditions, which will always apply to your use of this product or service.
1.1 Unless the context clearly indicates the contrary, any term defined in the General Terms when used herein, shall bear the same meaning as defined in the General Terms.
1.2 Unless the context clearly indicates to the contrary, the following words bear the meanings ascribed thereto-
1.2.1 "Equipment" means any router, computer, laptop, printer, switches, gateway, server, security device, telecommunications equipment and/or any other equipment selected by Customer in the Application Form to be the subject of the Equipment Purchase and shall include any relevant software, hardware, cables, connectors, racks, programmes, interfaces, associated media, printed materials, and/or on-line or electronic documentation accompanying it;
1.2.2 "Equipment Purchase" means the sale of Equipment to Customer by MWEB in accordance with Customer's selections as indicated by Customer in the Application Form under such heading or description.
2. SALE OF EQUIPMENT
2.1 MWEB sells the Equipment to Customer at the price set forth in the Application Form and/or any addendum thereto.
2.2 Ownership in the Equipment supplied shall pass to Customer upon payment of the full purchase price inclusive of VAT (and all applicable taxes, rates or governmental levies, if any) and any other charges levied by MWEB in terms of the Agreement. Risk in the Equipment shall pass to Customer upon delivery of the Equipment at Customer's premises or collection of the Equipment at MWEB's offices by Customer or his/her/its employee, representative or carrier agent, whichever is applicable.
2.3 Customer shall upon submission of the duly signed Application Form and/or any addendum thereto not be entitled to withdraw and/or cancel the order without MWEB's prior written approval. Notwithstanding the aforesaid, the provisions of this clause are subject to Customer's termination rights detailed in the General Terms.
3.1 Customer shall pay to MWEB in advance the full amount set out in the Application Form and/or any addendum thereto, which amount is reflected to be exclusive of value added tax ("VAT") on such form plus VAT within 7 (seven) days of submission of the signed Application Form and/or any addendum thereto, without deduction or set-off of any amount of whatsoever nature or for whatsoever reason. Such amount shall be deposited into MWEB's account set out in the Application Form and/or any addendum thereto, unless specifically otherwise advised in writing by MWEB.
3.2 All applicable taxes, rates or governmental levies, if any, and VAT shall be for the account of Customer.
4. DELIVERY AND COLLECTION OF EQUIPMENT
Unless otherwise agreed by the Parties in writing, Customer will collect the Equipment at MWEB's offices situated at MWEB 100 Fairway Close, Parow, 7500, Greenacres Office Park, Cnr Barry Hertzog/Rustenburg and Victory Roads, Victory Park, within 7 (seven) days of payment or such other period as the Parties may agree in writing, on business days and during business hours. Upon collection of any Equipment, MWEB's representative and Customer, (including his/her/its employees, representative or carrier agent) will inspect the Equipment in order to determine if such Equipment is free from damages, (including but not limited to damages to the packaging material, labels, writing directly on the packaging, re-taping and/or shrink-wrapping). A signed collection note shall constitute prima facie proof that the Equipment has been collected and received by Customer in good condition, whether signed by Customer, his/her/its employee, representative or carrier agent.
4.2 Delivery and Installation (If requested)
4.2.1 Should the Agreement include delivery of the Equipment, MWEB or its agents will deliver the Equipment to Customer's premises at Customer's cost. A signed delivery note by Customer (including his/her/its employee, representative, carrier, agent or nominee) shall constitute prima facie proof that the Equipment was delivered to and received by Customer in good condition.
4.2.2 Should the Agreement include installation and/or set-up and/or configuration of the Equipment MWEB and/or its agents shall attend to it during business hours and the relevant service fees shall be applicable. Customer shall allow MWEB or its agents, all reasonable access to its premises for the purposes of the installation and/or set-up and/or configuration of the Equipment. A signed confirmation by Customer (including his/her/its employee, representative, carrier, agent or nominee) that installation and/or set-up and/or configuration, whichever is/are applicable, of the Equipment was done shall constitute prima facie proof of that it was done according to specification and agreement.
4.2.3 MWEB shall use its reasonable endeavours to comply with the agreed delivery and/or installation and/or set-up and/or configuration date/s, whichever is/are applicable, but Customer shall not be entitled to cancel this Agreement or refuse to accept delivery, installation, set-up and/or configuration because of MWEB's failure to do so on such date/s.
4.2.4 Customer shall not be able to hold MWEB or its agents liable under any circumstances, for any loss, damage, costs, expense or injury, including without limitation direct, indirect, incidental, special, punitive or consequential loss, loss of profit, loss of anticipated savings, loss of goodwill, loss of revenue, loss of customers or clients caused or arising in any manner whatsoever from the delivery and/or installation and/or set-up and/or configuration of the Equipment or failure to do so on the agreed date/s.
5. VENDOR'S/MANUFACTURER'S WARRANTIES
5.1 The Customer agrees, that the Equipment is sold on the condition that the vendor's/ manufacturer's/supplier's limited warranties apply. MWEB does not warrant workmanship, performance, suitability or compatibility of the Equipment. The Customer must familiarise him/ her/it with the scope and cover of such limited warranty, which includes provisions relating to the does not cover damages caused by a failure to adhere to the vendor's/manufacture's/supplier's instructions and/or use by an unqualified person.
5.2 Customer shall be responsible to deliver and collect the defective Equipment to and from the vendor's/manufacturer's/supplier's offices at Customer's own expense and risk, (including risk while the Equipment is in possession of the vendor/manufacturer during repairs).
6. SUPPORT SERVICES
Except if specifically agreed in terms of the Agreement nothing places any obligation on MWEB with regard to the maintenance and support of the Equipment and any such services shall only be rendered by MWEB to Customer if an agreement for support and maintenance is entered into between the Parties.
7. LICENSING AND INTELLECTUAL PROPERTY RIGHTS
7.1 Where applicable, MWEB grants to Customer a non-transferable, personal, non-exclusive sub-license to use any software provided with the Equipment and shall use such software solely on and in conjunction with the Equipment on the terms and conditions as provided by the vendor/manufacturer/ supplier of the Equipment and/or MWEB, whichever is applicable. Customer shall not copy, translate, modify, adapt, decompile, disassemble or reverse engineer the software or convert the whole or any part of the software from object code into source code.
7.2 MWEB will not be responsible for the licensing of any software unless such software forms part of the Equipment or is specified in the Application Form.
7.3 All rights, title and interest in and to all intellectual property relating to any Equipment owned by the any Party/ vendor/ manufacturer/ and/or supplier shall at all times remain the sole property of such persons.
7.4 Customer warrants that the use of the Equipment shall not infringe any intellectual property rights of any third party.