STANDARD TERMS AND CONDITIONS OF SALE

INTRODUCTION 

I/We (hereinafter below referred to as “the customer”) undertake to be bound by all the terms and
conditions as contained herein, which I/We warrant that we have read and understood and consider
the same to be binding on me/us, NeTrec (Pty) (hereinafter below referred to as “NeTrec”).

OWNERSHIP AND RISK
1. The risk in and to any goods purchased from NeTrec shall pass to and vest in the customer from
the time the goods are signed for and/or, immediately upon delivery to the customer or to the
address nominated by the customer for delivery as set out on the reverse side of this document.
In the case of delivery by any other party including delivery by freight, liability for the goods
passes to the customer at the time the goods leave NeTrec. The customer further acknowledges
that unless it notifies NeTrec within 7 days of delivery in writing of any defect, it acknowledges that
the goods were delivered in good condition.
2. Ownership in all goods purchased by the customer shall remain vested in NeTrec until all
amounts due and owing have been paid in full and NeTrec may retake possession of any goods
in which ownership has not passed or for which payment is overdue.

DELIVERY
3. Delivery shall be effected at the customer’s nominated address, which address is recorded
hereunder.
4. The customer acknowledges that he/she may inspect the goods that are to be delivered to
him/her in terms of this agreement. The customer further acknowledges that should he/she fail to
inspect the goods, signature of the delivery note or waybill from courier accompanying the goods
constitutes an acknowledgment by the customer that the goods have been delivered, inspected,
and received by the customer in good condition.
5. In the event of NeTrec being unable to effect a delivery to the customer at the address nominated
due to any fault of the customer, the customer shall be liable to pay all reasonable costs
occasioned in connection with the attempted delivery.
6. The delivery dates agreed to are given in good faith and all reasonable effort will be made to
comply with them. In the event that delivery cannot take place at the agreed time, the customer
and NeTrec shall agree to a reasonable extended time period.
7. In the event that delivery does not take place at the agreed time and location the customer shall
have the option to accept the goods at an alternative location to be agreed upon or to terminate
the agreement. The customer acknowledges that should delivery not take place as agreed due to
any of his actions, then NeTrec shall have the right to enforce the terms of this agreement.
8. In the event of the customer failing to take immediate delivery of the goods purchased, the goods
will be stored by NeTrec for a maximum period of two weeks from the date which appears on the
invoice / cash slip whereafter storage will be charged at the rate of 1% of the value of the goods
invoiced for every day. NeTrec reserves the right to resell the goods in order to defray costs,
should the goods not be collected from NeTrec within 120 days of purchase.

EXCLUSION OF LOSS, LIABILITY AND WARRANTIES
9. NeTrec shall not be liable for any loss or damage by reason of the non-delivery of goods or for
any delay in executing delivery caused by force majeure, acts of God, war, riots, civil commotion,
strikes, lock outs, restrictions by Government and without in any way being limited by the
aforegoing generally by any other cause beyond the control of the company.
10. NeTrec shall not be liable to the customer or any third party for any damages suffered by the
customer or any third party whether general, special, incidental or consequential damages of any
nature whatsoever arising out of the use of any of the goods purchased or any defects thereto
where the said defect causing damage did not exist in the goods at the time it was supplied by
NeTrec to the customer.

11. The customer warrants and represents that it hereby idemnifies NeTrec against all liability and
any claims whatsover by any person whatsoever for:
11.1. Any loss or damages arising from loss of market or attributable to delay in forwarding or in
transit or failure to carry out fully or in part thereof any instructions given to it for any other
consequential loss howsoever arising.
11.2. All legal costs arising out of any dispute in terms of this agreement will be determined and
claimed on the scale as between attorney and own client.
12. The customer agrees that any equipment sold to them carries a warranty against defective
components and manufacturing for a period of twelve months after delivery and that such
warranty is valid only if the customer has properly operated, maintained and serviced the
equipment. The customer agrees that NeTrec's liability shall be strictly limited to the replacement
or repair of any equipment at NeTrec's discretion for any goods or equipment returned after six
months from the date of delivery.
13. The customer acknowledges and understands that after delivery, the goods shall have left the
control of NeTrec, and that he/she shall be responsible for the unpacking of and
connection/installation of the goods. The customer acknowledges that it is his/her further
responsibility to ensure that a fully qualified and fully trained technician must be used in order to
install the goods to ensure their effective operation. Failure by the customer to ensure the
installation of the goods, as instructed by NeTrec, by a fully trained and qualified technician, may
result in the failure of the goods, injury, loss or damages to the customer.
Accordingly, and in this event, NeTrec accepts no responsibility for any loss or damages that
might arise by reason of death or personal injury to any person engaged in the installation or
use of the goods thereafter and subject to the provisions of the Consumer Protection Act 68 of
2008.
14. All manufacturers standard warranty terms and conditions will apply, notwithstanding the fact that
any goods or components purchased may purport to include certain limited warranties as given by
the manufacturer of such goods or components.
15. In the event of the customer requiring NeTrec to collect any goods, the customer shall be liable for
the reasonable costs associated to such collection.

PAYMENT AND PRICING
16. Payment terms are strictly C.O.D (cash on delivery)/upfront payment for all goods purchased.
17. All prices are subject to change by NeTrec should there be any legitimate error made by any
Employee, agent, servant of NeTrec in relation to any price quoted to the customer, the customer
shall be notified of any price changes.
18. NeTrec accepts payment by way of cash, credit card, debit card, and electronic funds
transfers/deposits into NeTrec's nominated bank account.

SERVICING AND REPAIRS
19. The NETREC repairs team is adequately equipped to handle the full range of NETREC products.
The combination of experience and qualified technicians provides the added comfort of reliable
efficient customer service. An organised repairs process flow and tracking allows for follow-up
and progress on all repairs.

NETREC PRODUCT WARRANTY
20. NETREC (PTY) LTD has a one year warranty for all products as sold by NETREC, from date of
sale, or other period if so stated.
21. Warranty for goods purchased from NETREC that are manufactured and or distributed by local
third party suppliers also carries a one year warranty in accordance the warranty policies of each
specific supplier.
22. Product sold, that have been deemed to be damaged due to vandalism, incorrect installation and
application, “acts of God” etc. will be repaired or replaced at the cost of the customer.

23. All goods that are deemed to be “faulty new” or “Defective On Arrival” must be returned to
NETREC within 10 (ten) days from the date of purchase for a technical evaluation before they will
be serviced, repaired or swapped.
24. NETREC will provide sales and technical product support for all products as sold by NETREC.
25. It remains the responsibility of the installer / customer to make sure that he/she is adequately
trained in the security product use, application and installation and that all products are used and
installed according to the installation instructions and specification as provided with the product.

GOODS RETURN / EXCHANGE POLICY
26. GENERAL TERMS & CONDITIONS
26.1. No exchange, credit or refund will be done without the original invoice being supplied.
26.2. All manufacturers standard warranty terms & conditions will apply.
26.3. NETREC reserves the right to exchange, credit or repair faulty items returned.
26.4. NETREC reserves the right to refuse to exchange, pass a credit or refund on any goods
being returned without fair or good reason.
26.5. Goods returned for credit or refund must be in original condition and packaging. No
exceptions will be considered.
26.6. Good returned after 10 (ten) days will be subject to a 10 % handling charge.
26.7. Goods returned after 30 (thirty) days will not be accepted back for credit, exchange or
refund.
26.8. Specially ordered items (buy outs) will not be exchanged, credited or refunded.
26.9. All electronic goods will be tested before any exchange, credit or refund will be issued.
26.10. NETREC will not be held liable for any loss, damage or any other claim due to incorrect
installation of any product.
26.11. It is the responsibility of the person purchasing the products to ensure that the person
doing the installation has adequate technical knowledge on the products being purchased.
26.12. Accessories and consumables are not guaranteed.
26.13. Any damage caused by abuse, unauthorised modifications, incorrect installation, insect
infestation, liquid, lightning / power surges, “acts of God” or tampering will not be covered
by the warranty.
26.14. Transport & freight charges on returned goods will be for the customer’s account and will
not be covered by NETREC.

27. FAULTY ITEMS RETURNED WITHIN 7 DAYS OF PURCHASE (D.O.A Dead On Arrival)
27.1. No exchange, credit or refund will be done without the original invoice being supplied.
27.2. Faulty items must be returned in original packaging.
27.3. Any modifications, cut wires or visual damage will invalidate an exchange, credit or refund.
27.4. Any costs incurred by NETREC from the supplier in respect to the exchange will be
forwarded onto the client.
27.5. All electronic goods will be tested before any exchange, credit or refund will be issued.
27.6. NETREC reserves the right to exchange, credit, refund or repair faulty items returned.

28. FAULTY ITEMS RETURNED AFTER 10 DAYS OF PURCHASE
28.1. Faulty items returned after 10 (ten) days of purchase will be attended to on a repair return
basis, which may include the use of original suppliers and their repair services.
28.2. Original invoices must be supplied with any faulty items in order to validate the warranty.
28.3. NETREC reserves the right to repair or replace, with a service exchange unit, any faulty
items sent in for repair.
28.4. NETREC reserves the right to refuse a warranty claim if the damage is caused by any
factors beyond the specification or performance levels of the product.
28.5. A repair or exchange of a product within the warranty period will not extend the duration of
the original warranty period.
28.6. NETREC will offer a repair warranty equal to that of the supplier in the event of external
repairs.
28.7. Repairs conducted by NETREC’s repair department will carry a 3 month warranty on that
specific repair. Any other faults occurring will be treated as a separate repair.
28.8. Repaired items will not be returned to the client until any incurred payment has been
received.
28.9. Repairs not collected in 2 months will be sold to defray costs.
28.10. NETREC will charge a handling fee on a unit sent for repair that is found.

RETURNS AND REFUNDS
All and any returns and/or refunds shall be determined strictly with the terms and conditions as
contained herein.
29. No exchange, credit or refund will be done without the original invoice being presented to NeTrec.
30. Goods returned for credit or refund must be returned in the original condition and original
packaging and are to returned within 10 days of delivery. All goods returned that are repackaged
in the original packaging are subject to a reasonable handling fee in respect of any consumption
or depletion thereof. The customer acknowledges that the right to return the goods shall be limited
to NeTrec's discretion, in the event that the goods are partially or entirely disassembled,
physically altered, permanently installed, affixed, attached, joined or added to, blended or
combined with, or embedded within, other goods or property.
31. It is further agreed that no goods will be accepted for return/exchange and/or refund by NeTrec
after the lapse of six months days from date of purchase.
32. All electronic goods will be tested before any exchange, credit or refund will be issued.
33. NeTrec will not be held liable for any loss or costs incurred due to the failure of a product once
installed or for any damages suffered by the customer or a third party due the malfunction of
products purchased where the product has been materially altered or has been used contrary to
any instructions given by NeTrec.
34. Any damage caused by abuse, misuse, unauthorized modifications, incorrect installation, insect
infestation, liquid ingress, lightning, power surges, any acts of God or force majeure or tampering
will not be covered by NeTrec.
35. All faulty goods returned within six months of purchase by the consumer will be refunded,
replaced or repaired at the customer’s election (subject to point 32, 33, 34, 35, 36 and 37).
36. NeTrec reserves the right to refuse any warranty claim if the damage is caused by any factors
beyond the specifications or performance levels of the product.
37. A repair or exchange of a product within the warranty period will carry a further warranty period of
three months, such repair, however will not extend the duration of the original warranty period.
38. In the event that external repairs are necessary, NeTrec will offer a warranty of repair for an
equivalent period to that of the supplier.
39. Repairs conducted by NeTrec's repair department will carry a 3 month warranty on that specific
repair. Any other faults occurring will be treated as a separate repair.
40. Repaired items will not be released to the customer until any payment due in respect thereof has
been received.
41. NeTrec reserves its rights to charge a handling fee of up to 10% of invoice value on any items that
are received for repair that are found to be free of fault or defect, or where reports beyond that of
the job card are requested.
42. NeTrec reserves its rights to sell/resell all repaired goods which are not collected within 120 days
of repair, in order to defray costs.
43. In the event that NeTrec does not have stock of goods which have been purchased, then NeTrec
shall procure the same or similar goods from an alternative source at the same price subject to
the customer’s consent. NeTrec shall not be liable for shortage of stock in circumstances that are
beyond the control of NeTrec.

SHIPPING
44. Please do not send the product back to the manufacturer. It must be sent to the following
Address: 161C Ring Road, Duncanville, Vereeniging, 1939
45. You will be responsible for paying for your own shipping costs for returning your item.
46. Shipping costs are non-refundable! If you receive a refund, the cost of return shipping will be
deducted from your refund.
47. Depending on where you live, the time it may take for your exchanged product to reach you, may
vary.
48. If you are shipping high value items please consider using a traceable shipping service or
purchasing shipping insurance.
49. Please see, we cannot guarantee that we will receive your returned item.

DEFAULT AND BREACH
50. If the customer fails to perform any of its obligations when due, NeTrec may decline to accept
further orders or make further deliveries to the customer or may revoke and/or withdraw and/or
suspend and/or cancel and/or close the customer’s account at any time and any future purchases
shall beon terms and conditions as determined by NeTrec in its absolute and sole discretion.
51. Should the customer default in making payment of any overdue amounts owing, NeTrec shall be
entitled, but not compelled, to forthwith demand that the whole amount outstanding on the
account be paid, notwithstanding that a portion of the amount would not be owing in accordance
with the agreed terms of payment.
52. In the event of NeTrec having to institute any legal proceedings against the customer for breach,
repudiation, specific performance or for any other reason whatsoever in terms hereof, the
customer undertakes and agrees to pay the company’s legal costs on scale as between Attorney
and own Client, including collection commission, tracing charges and any other charges incurred
by NeTrec in enforcing its rights in terms hereof.
53. Any dispute arising in terms of this agreement may be referred to arbitration in accordance with
the rules of the Arbitration Foundation of South Africa or to the Consumer Commission which may
have jurisdiction in terms of this agreement, or directly to a court having the requisite jurisdiction.

GENERAL
54. The customer chooses domicilium citandi et executandi (“chosen address for service of all
correspondence, notices and legal process”) at the address set out by the customer on the face
and/or reverse side hereof. The customer agrees to notify NeTrec in writing with seven (7) days of
any change of address.
55. It is agreed that these standard terms and conditions of sale shall be governed by the laws of the
Republic of South Africa.
56. No addition to, variation or cancellation of these standard terms and conditions of sale shall be of
any force or effect unless contained in writing and signed by or on behalf of both parties. In
particular, the customer agrees that any term or condition which may on any order, written or
verbal and which is at variance with the terms of 4 this agreement, shall be of no force or effect
unless incorporated in a document signed by a director of NeTrec and the customer and which
has been prepared specifically for the purpose of varying the terms of these conditions.
57. The customer hereby consents in terms of Section 45 of the Magistrates court Act No 1944, as
amended, to the jurisdiction of the Magistrates Court in respect of any action instituted against the
customer by the company. It shall nevertheless be entirely within the discretion of NeTrec as to
whether to proceed against the customer in such court or any other court of competent
jurisdiction.
58. Any relaxation or indulgence which NeTrec may show or allow to the customer shall operate only
in respect of the issue in which it was given and shall in no way constitute a novation or waiver or
estoppel against or by NeTrec or in any way prejudice NeTrec in respect of its rights against the
customer.
59. No terms, warranties or representations other than:
59.1. Those expressly contained in this document; or
59.2. Reduced to writing and signed on behalf of both NeTrec and the customer; or
59.3. Incorporated in NeTrec's standard terms and conditions of sale from time to time will be of
any force or effect as between the parties. The customer acknowledges that it has not relied
on any warranties or representations made by NeTrec in influencing its decision to contract
with NeTrec.