TERMS AND CONDITIONS
Website Terms and Conditions of Use relating to MowerMan
These Terms and Conditions (“the Terms and Conditions”) govern your (“the User”) use of the Mower Man (“MowerMan”) website located at the domain name http://www.mowerman.co.za (“the Website”). By accessing and using the Website, the User agrees to be bound by the Terms and Conditions set out in this legal notice. The User may not access, display, use, download, and/or otherwise copy or distribute content obtained on the website for marketing and other purposes without the consent of MowerMan.
The Website (http://www.mowerman.co.za) sells goods online. The use of any equipment bought from this Website is at the purchaser’s risk. The purchaser/user indemnifies and holds MowerMan harmless against any loss, injury or damages which may be sustained as a result of using the equipment sold on the Website.
The private information required for executing the orders placed through the e-commerce facility, namely the User’s personal information and credit card details, delivery address and telephone numbers will be kept in the strictest confidence by MowerMan and not sold or made known to third parties. Only the necessary information, that is the delivery address and contact phone number will be made known to third parties delivering the product.
Orders Placed on-line with MowerMan, are subject to the terms and conditions of MowerMan
CONDITIONS OF SALE
1.1 Terms of payment are COD
1.2 For the sake of clarity an account is deemed to have been honoured by payment via EFT on www.mowerman.co.za, or by cleared funds having been received.
The remitting of cheques or other instruments by mail or other means does not constitute an account having been paid. Please note payment by cheque can take up to 10 days to clear.
1.4 MowerMan shall have retention of title to all goods for which payment has not been received in full by MowerMan.
2. Return of Goods
2.1 Unless specifically stated in writing MowerMan does not supply goods on a “Sale or Return” basis.
2.2 We will accept returns for complete products only (all contents & accessories are included) which are in a saleable condition however a 10% handling fee will be levied.
2.3 MowerMan does not accept goods for re-packing.
2.4 Goods manufactured or altered to Buyer's specific requirements may under no circumstances be refunded for reasons of unsuitability.
2.6 MowerMan will not be held liable for incorrect purchasing, we will endeavour to assist prior to purchase. In the event of the wrong product being purchased we are happy to exchange within 7 days at clients cost for shipment. In addition, a 10% fee will be levied for handling purposes.
3. Credit Notes and refunds
3.1 No refunds or credit notes shall be given. Only exchange of the same product or another product to the same value of purchase.
4.1 Unless otherwise stated in writing, all our products carry a manufacturer's warranty from date of purchase, against manufacturing defects in materials or workmanship. Manufacturers warranties may vary from supplier to supplier. Most of our products carry a minimum 1 Year Manufacturers warranty.
4.2 MowerMan will not accept any claim for any consequential losses arising out of a warranty claim.
4.3 Warranty claims will not be credited or taken back for cash refund.
4.4 The warranty does not cover error of assembly.
4.5 The warranty is invalidated if the supplied product is used in combination with non-approved products from a third party.
4.6 The Manufacturer reserves the right to inspect, repair or replace faulty or defective products. A reasonable amount of time must be allowed for this process. Claims are normally settled within a 21-day period from date of claim.
4.7 Should MowerMan or representative of be required to do a site visit for a Warranty claim validation check it will be chargeable at an agreed rate to the customer.
5.1 Prices will always be those ruling at date of dispatch, unless a specific fixed price quotation has been agreed by MowerMan when submitting a written quotation. Written quotations are valid for 30 days from date of quotation.
5.2 MowerMan will always endeavour to give as much notice as possible of any price increases but due to fluctuating costs of materials linked to local inflation and monetary foreign exchange rate fluctuations, prices may be subject to change without notice.
5.3 Imported products are more susceptible to price fluctuation and it is advisable to contact before placing a large order on an imported product.
Any change in exchange rate of more than 5% may result in a price revision. Forward cover against exchange rate fluctuation can be offered to the Buyer.
5.4 All prices quoted are Inclusive of Value Added Tax.
5.5 E. & O.E. (Errors and Omissions Excepted)
6.0 Collection of orders where payment has been received in full can take place during normal operational hours.
6.1 Delivery is via Courier, Economy Service, it takes 3 – 5 working days from payment received Unless otherwise stated. Large orders might exceed 5 working days, but not longer than 7 working days.
6.2 Delivery will only take place within the borders of South Africa, unless a collection is arranged by the customer from MowerMan.
6.2 All delivery dates are given in good faith, but any delay in delivery for any reason shall not constitute any breach of contract and no claims arising out of late delivery shall be considered.
6.2 Delivery times shall not be 'of the essence', unless a specific promise is given in writing stating that the delivery time quoted 'shall be of the essence' of the contract.
7.1 Unless otherwise stated, specifications generally will conform to that quoted in the company's latest catalogue, but we reserve the right to alter such specification without notice.
Supplementary catalogue pages as issued from time to time will be deemed to be part of the company's latest catalogue.
No responsibility is accepted for delay caused by war, force majeure, restraint or control by government, strikes, lockouts, disputes, accidents to works, plants or machinery or any other circumstances beyond control, which affect or interfere with the production or delivery of goods sold, and we reserve the right to cancel or suspend orders or deliveries on the occurrence of such eventualities.
9. Limitation of liability
The Website and all Content on the Website, including any current or future offer of products or services, are provided on an “as is” basis, and may include inaccuracies or typographical errors. The Owners make no warranty or representation as to the availability, accuracy or completeness of the Content. Neither MowerMan nor any holding company, affiliate or subsidiary of MowerMan, shall be held responsible for any direct or indirect special, consequential or other damage of any kind whatsoever suffered or incurred, related to the use of, or the inability to access or use the Content or the Website or any functionality thereof, or of any linked website, even if MowerMan is expressly advised thereof.
10. Updating of these Terms and Conditions
MowerMan reserves the right to change, modify, add to or remove from portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to this Website. It is the User’s obligation to periodically check these Terms and Conditions at the Website for changes or updates. The User’s continued use of this Website following the posting of changes or updates will be considered notice of the User’s acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.
11. Choice of Law
This Website is controlled, operated and administered by MowerMan from its offices within the Republic of South Africa. Access to the Website from territories or countries where the Content or purchase of the products sold on the Website is illegal and is prohibited. The User may not use this Website in violation of South African export laws and regulations. If the User accesses this Website from locations outside of South Africa, that User is responsible for compliance with all local laws. These Terms and Conditions shall be governed by the laws of the Republic of South Africa, and the User consents to the jurisdiction of the Western Cape High Court in the event of any dispute. If any of the provisions of these Terms and Conditions are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect. These Terms and Conditions constitute the entire agreement between MowerMan and the User with regard to the use of the Content and this Website.