Space Age Technologies

Financial Terms and Conditions

1. Space Age Technologies (SPACE AGE TECHNOLOGIES) standard rates for any goods sold or services rendered can be obtained on request. All quotes remain valid for a period of seven days. Prices are subject to exchange fluctuations and supplier price changes.

2. The Client agrees that interest shall be payable on any monies due to SPACE AGE TECHNOLOGIES at the maximum legal interest rate prescribed in terms of the Usury Act, from the date they fall due. In case of late payment, interest shall be calculated from the date of order.

2.1 The Client undertakes to pay to SPACE AGE TECHNOLOGIES, the contract fee, monthly in advance. This payment should be made via debit order and Space Age Technologies will provide the Company with the necessary documentation. The debit order payment shall be effected on the 1st of the month following the date of the invoice.

2.2 Hardware and Software (incl. Licence agreements) purchased by the Company from SPACE AGE TECHNOLOGIES is payable on order. Price fluctuations will be for the account of the Client.

2.3 All services rendered by SPACE AGE TECHNOLOGIES to the Company, over and above the services covered by the Support Contract, are chargeable at the current standard SPACE AGE TECHNOLOGIES rates as are applicable at the date such additional services are rendered and are payable 14 days from date of invoice for contract clients and COD for non contract clients.

2.4 SPACE AGE TECHNOLOGIES shall have the right to suspend the account and services/performance due by SPACE AGE TECHNOLOGIES owing to breach of payment terms and conditions. This will include suspension of Server Agreements and/or any other agreements/services in place. The account will be reinstated and services resumed once full settlement is received.

2.5 The Client shall not be entitled to withhold payment of any amount due to SPACE AGE TECHNOLOGIES for any reason whatsoever and shall not be entitled to set off amounts due to SPACE AGE TECHNOLOGIES against amounts or services that may be owed by SPACE AGE TECHNOLOGIES to the Client.

3. SPACE AGE TECHNOLOGIES reserves the right to amend rates and fees structures and undertakes to communicate with the Company within reasonable time frames in this regard.

4. Any delivery note or invoice (copy of original) signed by the Client and held by SPACE AGE TECHNOLOGIES shall be conclusive proof that the delivery was made to the Client.

5. All orders, whether oral or in writing, will be binding and subject to these standard conditions of agreement. A 15% penalty on the original selling price will be levied upon cancellation of an order by the Client. Any order is subject to cancellation by SPACE AGE TECHNOLOGIES due to any cause beyond the control of SPACE AGE TECHNOLOGIES, including (without restricting this clause to these instances): inability to secure labour, power, materials or supplies, or by reason of an act of God, war, civil disturbances, riot, state of emergency, strike, lockout, or other labour disputes, fire, flood, drought or legislation.

6. All goods supplied by SPACE AGE TECHNOLOGIES remain the property of SPACE AGE TECHNOLOGIES until such goods have been fully paid for. The Client is not entitled to sell or dispose of any goods, unpaid for without the prior written consent of SPACE AGE TECHNOLOGIES.

7. All risk in and to the products shall pass to the Client upon delivery thereof to a representative of the Client.

8. Goods may be returned only with the prior consent and at the sole discretion of SPACE AGE TECHNOLOGIES. All returns, within five days from date of invoice, will be subject to a 10% penalty on the original selling price, there after no credit will be waged.

9. No credit will be extended for goods returned without all driver disks and other contents, original packaging and/or with damaged packing.

10. Systems and loose components carry a carry-in warranty from date of purchase for the period as stated on the invoice. Warranty excludes consumables such as Stiffy disks, CDs, ink cartridges, printer, toners etc.

10.1 Warranty excludes damage as a result of power failures, lightning, or any other damages caused by the Client.

10.2 In the event of goods that are defective, the rights of the Client are limited to the factory guarantee of the goods supplied. As such no software configuration, installation and data is covered; other limitations may apply as well.

10.3 Hardware components are covered by manufacture warranty.

10.4 We specifically disclaim any and all warranties, express or implied, including but not limited to any implied warranties or with regard to any licensed products.

10.5 To be valid, guarantee claims must be supported by the original Tax Invoice and the undamaged packaging of the goods.

10.6 All guarantees are immediately null and void should any equipment be tampered with, serial numbers damaged or removed or should the seals on equipment be broken by anyone other than SPACE AGE TECHNOLOGIES.

10.7 All warranties and conditions not expressly provided for herein below are hereby excluded. Under no circumstances will SPACE AGE TECHNOLOGIES be liable for consequential damages.

11. Under no circumstances will SPACE AGE TECHNOLOGIES be liable for damage arising from misuse or abuse of the goods. Liability under this clause is restricted to the cost of the repair or replacement of faulty goods or services or granting of a credit at the sole discretion of Space Age Technologies. It is the duty of the Client to return any defective goods to the premises of SPACE AGE TECHNOLOGIES at the Clients own expense.

12. The Client will be liable for a quote rejection fee at the sole discretion of SPACE AGE TECHNOLOGIES on repairs, should the Client decide not to accept a labour quote given by SPACE AGE TECHNOLOGIES.

13. SPACE AGE TECHNOLOGIES shall Endeavour as far as possible to ensure that a system is in working order, but shall not be held responsible for any loss of data whatsoever and the Client indemnifies SPACE AGE TECHNOLOGIES against any claim arising there from.

14. Any item handed in for repair may be sold by SPACE AGE TECHNOLOGIES to defray the cost of such repairs if the item remains uncollected within 30 days of the repair being completed.

15. SPACE AGE TECHNOLOGIES undertakes to receive information or data of a confidential or proprietary nature belonging to the Client that may be disclosed or otherwise become available to SPACE AGE TECHNOLOGIES pursuant to the rendering of services in the strictest confidence and not to copy, disclose or reproduce such information or data and to restrict the use of such information or data exclusively to the purposes contemplated by the parties.

16. For the purposes of all or any proceedings herein, the Client hereby consents to the jurisdiction of the Magistrate’s Court otherwise having jurisdiction under Section 28 of the Magistrate’s Court Act of 1944, as amended, notwithstanding that the amount in dispute exceeds the jurisdiction of such Court. Notwithstanding the foregoing, SPACE AGE TECHNOLOGIES shall have the right at its sole option and discretion to institute proceedings in any other competent Court, which might otherwise have jurisdiction. Should SPACE AGE TECHNOLOGIES refer any claim against the Client to its attorneys, the Client shall be liable for all legal charges incurred by SPACE AGE TECHNOLOGIES on an attorney and client basis, including tracing fees and shall further forthwith be liable for 10% (ten percent) collection charges on any amount claimed (not withstanding that such collection commission are only due upon payment of any amount to SPACE AGE TECHNOLOGIES or his attorney)

17. The parties hereby choose as their domicillia citandi et executandi the addresses set out on relevant documentation and agree that all notices and processes arising out of or in connection with this agreement of sale may be served on them at that address.

18. This agreement shall be deemed to have been made in the Republic of South Africa and the construction, validity and performance of this agreement shall be governed in all respects by the laws of the Republic of South Africa.