Legal identities

The “Company” means SGM New Energy (PTY)Ltd.

Overview

This website is operated by SGM New Energy (PTY)Ltd. Throughout the site, the terms “we”, “us” and “our” refer to SGM New Energy (PTY)Ltd. SGM New Energy (PTY)Ltd offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms and Conditions”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms and Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms and Conditions carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms and Conditions. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms and Conditions are considered an offer, acceptance is expressly limited to these Terms and Conditions.

Any new features or tools which are added to the current store shall also be subject to the Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Online Store Terms

By agreeing to these Terms and Conditions, you represent that you are at least the age of majority in your province of residence, or that you are the age of majority in your province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

General Conditions

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Accuracy, Completeness And Timeliness Of Information

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Modifications To The Service And Prices

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Products Or Services

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

Accuracy Of Billing And Account Information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms and Conditions.

Third-Party Links

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

User Comments, Feedback And Other Submissions

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Personal Information

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

Errors, Inaccuracies And Omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Prohibited Uses

In addition to other prohibitions as set forth in the Terms and Conditions, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Disclaimer Of Warranties; Limitation Of Liability

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall SGM New Energy (PTY)Ltd, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Terms & Conditions of Sale

ORDERS

Subject to any applicable law, in the event of any order being given to the Company on an order form reflecting the Purchaser’s name as the entity from which the order emanates, such order shall be deemed to have emanated from the purchaser, despite the fact that such order may have been given or signed by a person not authorised by the Purchaser and such order will be deemed to constitute valid order.

DELIVERY OF GOODS

2.1 The company will make every reasonable endeavour to ensure timeous delivery of the goods on the terms and conditions agreed between the purchaser and the Company however the company shall not be liable for late deliveries due to circumstances which are beyond the company’s control.

2.2 Signature by the Purchaser or by any representative of the Purchaser on the Company’s delivery note shall be regarded as acceptance by the Purchaser that the goods reflected in such delivery note have been properly and completely delivered.

RISK IN AND TO THE GOODS

The risk in and to the goods shall pass from the Company to the Purchaser on the date of delivery to the Purchaser (or its nominee), despite the fact that ownership will not pass to the Purchaser until full payment of the purchase price to the Company.

OWNERSHIP OF GOODS

Until such time as the Purchaser has paid the purchase price in full in respect of any purchase of goods, the ownership of all such goods shall remain with the Company. Subject to any applicable law, the Company shall in its sole discretion and without notice to the Purchaser be entitled to take possession of any such goods which have not been paid for and in respect of which payment is overdue in which event the Purchaser shall be entitled to a credit in respect of the goods so returned being the price at which the goods are sold or the value thereof as determined by the Company.

PRODUCT WARRANTY

1. Subject to any applicable law:
2. all goods purchased shall be regarded as having been sold as is without warranty against latent defects;
3. no liability shall arise on the part of the Company for any representation or warranty made or alleged to have been made in respect of goods sold by the Company to the Purchaser;
4. the Company’s liability in respect of any claim based on defective goods shall be limited to repairing or replacing such defective goods, at the discretion of the Company, during any applicable warranty period, provided that such defective goods are returned to the Company in their original state and at the Purchaser’s cost within the applicable warranty period. In circumstances where the goods are not manufactured by the Company, the Company’s liability shall in no circumstances extend beyond any corresponding liability of the manufacturer or supplier of such goods to the Company.
5. The lifespan of goods sold by the Company, which is indicated on the Company’s packaging from time to time, is an approximate estimate only and the warranty period relating to such goods shall be the applicable period for the purposes of any claim by the Purchaser.
6. All goods must be installed by a licensed installer according to the manufactures specifications.
7. A COC certificate must be issued for installation, failing, no warranty will be honoured. 
8. A proof of purchase together with a COC must be provided for all warranty claims.

FAILURE TO OBJECT TO ANY ITEM APPEARING ON THE COMPANY’S STATEMENT

If the Purchaser should fail to object to any items appearing on the Company’s statement of account within 10 (ten) days of date of dispatch of the statement of account, the account shall be deemed to be in order and correct in all respects.

PAYMENTS

7.1 The terms of payment are strictly 30 days from the date of the statement of account unless otherwise agreed in writing by the Company.

7.2 In the event of the Purchaser defaulting on payment of any amount that has become due, owing and payable, the full balance outstanding (whether due or not) will immediately become due and payable to the Company without notice to the Purchaser.

7.3 The Company does not appoint the Post Office or any other body as its agent for payments by post or otherwise. All payments shall either be made to the Company’s physical place of business from where the goods were ordered, or transferred directly to the Company’s nominated bank account. In the event of any payments being mislaid or lost in the post or elsewhere, the Purchaser shall still be and remain liable to the Company for payment.

7.4 The Purchaser may not withhold or defer payment for any reason whatsoever, including but not limited to any claim, of whatever nature that the Purchaser may have against the Company.

PROPOSAL TO RETURN NON-DEFECTIVE GOODS TO THE COMPANY

8.1 In circumstances where the Purchaser wishes to return non-defective goods to the Company for credit, the Company may, in its sole and absolute discretion (subject to applicable law), agree to the return of such goods subject to the goods being new, unused, in their original packaging and in a saleable condition. The Purchaser shall be obliged to furnish adequate written proof of having purchased the goods from the Company.

8.2 Subject to applicable law, the Company shall be entitled to a minimum 10% handling fee for any goods which are returned for credit.

8.3 Notwithstanding the prevailing price of the goods at the time that they are returned to the Company, the price reflected on the Purchaser’s proof of purchase shall be the price credited by the Company to the Purchaser for the return of the goods, less the handling fee.

INDEMNITIES

9.1 Subject to any applicable law, the Purchaser acknowledges that it will indemnify and hold the Company harmless against any liability in respect of the goods, including under the Occupational Health and Safety Act 85 of 1993 and the Mine Health and Safety Act 29 of 1996. Subject to any applicable law, specific reference to sections 10 and 21 of the respective legislation as it applies to product liability is disclaimed by the Company.

9.2 The Purchaser shall be obliged to and warrants that it will ensure that a qualified technician and/or electrician installs all goods purchased from the Company which require installation by such qualified persons. Should the Purchaser fail to comply with such obligation, the Purchaser indemnifies the Company from any liability arising from the purchase of the goods.

9.3 The Purchaser acknowledges that it does not rely in any manner on any representations and/or advice of the Company in its decision to purchase particular goods from the Company.

COSTS

All costs incurred in any action against the Purchaser, including costs on an attorney and own client scale and attorney’s collection commissions, will be paid by the Purchaser should the Company be successful in such action or proceeding. The Purchaser will reimburse the Company for all costs incurred in recovering any amount owing by the Purchaser to the Company, including but not limited to its legal costs incurred in proceeding against the Purchaser, howsoever those costs are incurred and whether they are incurred prior to the institution of action, after the entry of judgment or at any other time.

PROOF OF AMOUNT DUE, OWING AND UNPAID TO THE COMPANY

A certificate signed by the company secretary, any manager or any director of the Company reflecting the amount owing by the Purchaser to the Company in relation to the Purchaser’s dealings with the Company and the fact that such amount is due, owing and unpaid shall be prima facie (on the face of it) proof of such facts for the purpose of any action (whether by way of Provisional Sentence or otherwise), proof of debt on insolvency or for any purpose where the amount of such claim is required to be established and it shall rest entirely with the Purchaser to prove that such amount is not owing, due and/or unpaid.

CHANGE OF OWNERSHIP

The purchaser is to notify the Company, in writing, within 7 (seven) days of any change of ownership of the Purchaser. The Purchaser acknowledges that immediately upon any change of ownership of the Purchaser any outstanding amount, whether due or not, shall be deemed to be immediately payable by the Purchaser to the Company.

WINDING UP OF PURCHASER

Should the Purchaser at any time be wound up, whether provisionally or finally, (which liquidation or sequestration, whether provisional or not, shall be deemed to be a material breach by the Purchaser) or should steps be taken to place the Purchaser in business rescue or in the event of the Purchaser being an individual or partnership and having his/its estate sequestrated, whether provisionally or finally, any goods delivered by the Company to the Purchaser and in respect of which payment has not been made at the date of the winding up or sequestration (whether payment in respect thereof be due or not) shall immediately be returned to and recoverable by the Company, wherever such goods may be found.

CESSION OF COMPANY’S RIGHTS AND DELEGATION OF COMPANY’S OBLIGATIONS

The Company shall at any time be entitled to cede all or any of its rights against the Purchaser to any third party without notice to the Purchaser.

Indemnification

You agree to indemnify, defend and hold harmless SGM New Energy (PTY)Ltd and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Severability

In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.

Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms and Conditions are effective unless and until terminated by either you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.

These Terms and Conditions and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions).

Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.

Governing Law

These Terms and Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of South Africa.

Changes To Terms and Conditions

You can review the most current version of the Terms and Conditions at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.

Contact Information

Questions about the Terms and Conditions should be sent to us at info@sgmnewenergy.co.za.