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9. Delivery Terms and Conditions
3. Supplier’s remediation (Transport of products).
The supplier and/or dealer in the supplier’s products may decide whether defects/omissions may be repaired at the customer
site, at its own site, or at a designated workshop in accordance with the following guidelines.
a) The customer is obligated to place the product at the disposition of the repair technician. The supplier will defray the
expenses of the repairs. this applies for products that are located within the natural sales territory of the supplier or distribu-
tor! What is meant by natural sales territory is a distance between the supplier/dealer and customer by road of max. 20
km. If the distance is more than 20 km, and the dealer is the entity located closest to the customer, then the supplier will pay
the travel costs regardless. If this would bring about unreasonable costs or drawbacks, then the obligation to undertake the
remediation as mentioned above at no cost to the customer does not apply! Normally, this instance would be if the customer
is unable to be reached by normal means of communication, and/or if the customer does not live where there is a connection
to the mainland.
b) Repairs/Remediation at the workshop. If customers can bring in and fetch the product without signicant drawbacks, then
they must bring it in to the designated workshop for repairs, or ship the product, in such case at their own expense and risk.
If customers are unable to bring the product in to a specied workshop without unreasonable drawbacks and/or costs, then
such in the lack of any other agreement occur in the most reasonable manner, and be sent at the supplier’s expense and risk
to the specied workshop.
NOTE: THE PRODUCT MUST BE PROPERLY PACKAGED!
4. Supplier’s liability to pay compensation
Customers may under more detailed terms and conditions demand compensation for nancial losses pursuant to the rules of
the Sale of Goods Act. The Supplier is however in no instance liable for indirect losses (as mentioned in the Sale unable
Goods Act, section 67(2)). If damage is inicted on objects that have a direct or close interrelationship with the product’s
stipulated function or use, then the supplier is only liable to the extent such are consequences of rules of law that cannot be
deviated from. The same applies for liability for personal injuries. Damages and injuries of this nature shall in every
instance be handled between the supplier and customer.
5. What the supplier’s liability does not encompass
Customers have no ability to pursue claims against the supplier or dealer if defects/omissions, or any possible damages/
injuries, are a consequence of:
a) Installation that has not been performed in accordance with the electric utility’s provisions or is in violation of our installa-
tion instructions that are to be deemed to be requirements. The cold room bust in terms of its technical construction satisfy the
applicable requirements, including requirements for insulation, choice of materials and ventilation.
b) Actions in violation of the instructions for use, or other indefensible actions. (Lack of maintenance!)
c) Repairs or interventions performed by unauthorised persons, or use of nonoriginal parts.
d) Accidents or other circumstances after delivery to the customer that lie outside the control of the supplier/dealer, including
voltage uctuations beyond +/- 10 % of the rated voltage, lightning strikes, and electrical power outages.
e) Corrosion/deposits due to the surroundings.
f) Normal wear. (See point 1)
6. Disputes
Disputes that concern the application of these terms and conditions may, via the consumer council’s complaints mechanism,
be brought in for resolution by the industry’s complaints tribunal.
9.2. Business purchase
What is to be understood by business purchase is everything that is not a consumer purchase and which is used for exam-
ple in cafes, restaurants, snack bars, hotels, motels, companies, or other business-related activity. As well as use in schools,
institutions, rented rooms, preschools, athletics facilities, shared households, and housing cooperatives, plus instances where
the customer in full or in part receives payment for use of the device, or where it is included in a shared house, possibly a
leasing relationship. Or where the device is used to maintain a good that the customer sells. All these things are business pur-
chases. The period for ling claims and the warranty period is then 6 months. This applies for any losses that the deciency
might cause, for example such as operating losses, lost earnings and other consequential nancial losses. This limitation to
the supplier’s liability does not apply if it is guilty of acting with gross negligence.
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