Terms & Condition
Thank you for visiting the our web site. If you continue to browse and use this web site you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern our relationship with you in relation to this web site.
The use of this web site is subject to the following terms of use:
• The content of the pages of this web site is for your general information and use only. It is subject to change without notice.
• Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this web site for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
• Your use of any information or materials on this web site is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this web site meet your specific requirements.
• Inspection, site viewing of machinery has been done either by us directly or third party source prior to proximity of the machinery hence all advertised machinery exist.
• This web site contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
• All trademarks reproduced in this web site, which are not the property of, or licensed to the operator, are acknowledged on the web site.
• Unauthorized use of this web site may give rise to a claim for damages and/or be a criminal offense.
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General
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This sales order must be completed and before dispatch or collection of goods.
Items cannot be collected or delivered/ship until funds are cleared as agreed upon on the proforma invoice or contract documents.
You must decide before ordering if the goods are suitable for your needs.
If the customer cancels the proforma invoice or contract then any amount pre-paid will be refundable 30 days time from the day of cancellation prior to a written note send via email as attachment stating reason of cancellation inclusive of bank details for the refund. The refund charges shall be at buyer expense.
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If cancellation is done before collection of machinery by the transporter/shipping company then shipping cost shall not be deducted from total sum upon refund. If cancellation is done after shipping/transport company has already collected the machinery then shipping cost shall be deducted, re-stocking fee shall be deducted from total paid sum and the difference is what shall be refunded.
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At the point of the customer placing an order and/or the company’s acceptance of the order the customer agrees to these terms and conditions.
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Acceptance of delivery of the goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.
Please note that we reserve the right to cancel or refuse orders for items with an incorrect price or with any other incorrect information or in the event of goods no longer being available.
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In the event of the goods no longer being available an alternative will be offered of similar specification and condition - the customer is bound to accept or not the alternative. In the event of the company incurring costs that exceed any deposit paid the customer will be liable for both direct and in-direct costs incurred.
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No alterations to these terms and conditions will be accepted by the company.
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Items may not necessarily comply with the current HSE safety requirements and it is entirely the purchasers responsibility to ensure that any alterations or repairs necessary for compliance are carried out prior to putting them to use.
Before ordering your item should any customer require clarification on these terms and conditions they can request in writing to us, requests by telephone is unacceptable. Customers may wish to seek professional independent clarification.
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Warranty
All other warranties, conditions, or terms relating to fitness for purpose, merchantability or condition of the Goods, whether implied by Statute, common law or otherwise are excluded, and the Buyer is satisfied as to the suitability of the Goods for the Buyers’ purpose.
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Goods must be returned by the Buyer at the Buyers’ expense and must be insured during the return journey.
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Return of Goods should not exceed 45 days and complaint should be done with 48 hours of receiving goods via email as attachment.
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Where returned Goods are found to be damaged due to the Buyers’ fault the Buyer will be liable for the cost of remedying such damage.
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Brand new items will come with a standard manufacturers warranty. This warranty will be subject to proper use. Any mis-use or user orientated problems will void the manufacturer warranty. Second hand items will come with no warranty.
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Some used machinery will come with at least 6 months and at most 9 months warranty whereas others no warranty.
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No un-authorized person to carry out any work/repairs without prior arrangements made in writing with Alliance Machinery. Any work commenced without authorization will void any warranty.
Prices and Payments
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Our advertised prices do not include VAT / Tax and transportation. The price of the goods may be changed any notifcation. Please confirm the price before you order.
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We accept payment by Bank transfer TT/SWIFT, EFT, direct bank deposit.
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We remain owners of the goods you purchase until you have paid for all of them in full. We can retrieve and resell them if they are not paid for. This applies to all goods we supply to you and any money owing in respect of any transaction with you.
Transportation / Delivery / Shipping
We charge for all deliveries/shipping. We operate a standard working days delivery service for stock items (working days exclude weekends and bank holidays). Out of stock then we shall source for you at the earliest convenient. For large items standard delivery is to suitable hard standing area only. The customer must notify us in advance if they have any special delivery requirements - there will be an additional charge. Standing time will also be chargeable.
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If the goods do not arrive or are incomplete, are the wrong goods or are damaged when you open them, you must contact us immediately - no later than 48 hours of receipt.
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After delivery you are responsible for protecting the goods against loss, damage and servicing.
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If we handle the transportation of your machine, we handle minor servicing of the machine. We make sure that your machine is ready to start working immediately upon arrival at your port. We accept no if transportation is handle by you and you failed to service your machine before you start to use it.
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Delivery / shipping times refer to when the item is dispatched not ordered, a stock item that requires remedial work will not be classed as a stock item until work is completed as such out of stock delivery terms apply. Customers will be notified if stock items require remedial work.
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Cancellation & DSR’s
You cannot cancel an order once we have accepted it, unless this is agreed in writing by our authorised representative.
If the customer cancels the proforma invoice or contract then any amount pre-paid will be refundable 30 days time from the day of cancellation prior to reading note send via email as attachment stating reason of cancellation inclusive of bank details for the refund. The refund charges shall be at buyer expense.
To exercise any rights of cancellation, you must give written notice to the Supplier by hand, post or e-mail, giving details of the goods orders and (where appropriate) their delivery. Notification by phone is not sufficient.
If you exercise your right of cancellation after the goods have been delivered to you, you will be responsible for returning the goods to the Supplier at your own cost. The goods must be returned to the address shown on your invoice. You must take reasonable care to ensure the goods are not damaged in the meantime or in transit.
Once you have notified the Supplier that you are cancelling the proforma invoice / contract, the Supplier will re-credit you within 30 days from the return of the goods. This may cost more than the original delivery charge as return journeys cost more.
If cancellation is done before collection of machinery by the transport/shipping company then shipping cost shall not be deducted from total sum upon refund. If cancellation is done after shipping/transport company has already collected the machinery then shipping cost shall be deducted, 30% re-stocking fee shall be deducted from total paid sum and the difference is what shall be refunded.
Alliance Machinery are primarily resellers to business users and as such all transactions are processed in this framework. If any customer at any point claims they are a consumer it is their responsibility to confirm in writing prior to any payment being made and to retain a hard copy of any/all supporting documents otherwise all customers are entering into a business transaction.
Returns
It is your responsibility to check the goods on delivery. We may take goods back at our discretion if they are unused and in the condition they left our depot. There will be a handling charge of 30%. It is the buyers responsibility to return goods to our location and all costs involved will be the sole responsibility of the buyer within 10 days of the invoice date.
Guarantee and Liability
We are resellers to customers we exclude liability for claims regarding the quality or fitness for purpose of goods or otherwise which consumers can make. We do not accept any liability for indirect or consequential losses or loss of profits.
Force Majeure
The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God , strikes, lock outs, accidents, war ,fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source supply, and the Seller shall be entitled to a reasonable extension of its obligations.
Severance
If any terms or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these
Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
Changes to terms and conditions
The Seller shall be entitles to alter these Terms and Conditions at any time. The Seller retains the right to exit from these terms and conditions at any time.
Governing law and jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with the law of South Africa and the parties hereby submit to the exclusive jurisdiction of the South Africa courts.
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