TESK SOUTH AFRICA (“the Company”)

1. TRADING TERMS AND CONDITIONS
   
   

   1. Application of Conditions
      The Customer agrees that all goods supplied by the Company and/or services rendered by the Company are subject to the conditions contained herein and such other conditions, which may appear on the Tax or Commercial Invoice and/or Waybill of the Company.  No variation or alteration of such conditions shall be effective unless reduced to writing and signed by a duly authorised director or manager of the Company.  No indulgence granted by the Company shall constitute a waiver of any of the Company’s rights.
      
      
   2. Payment Terms
      
      1. Unless otherwise stated in writing by the Company, the Customer shall pay the amount reflected on the Tax or Commercial Invoice via bank transfer on order, or, if the Customer is a credit approved customer, within 30 (thirty) days from the end of the month in which a Tax or Commercial Invoice is issued by the Company to the Customer. The Company does not accept cash, cheque, or virtual currency payments.
         
      2. Interest on overdue accounts shall be charged at the prime rate per annum from the due date until the date of payment.
         
      3. The Customer is not entitled to set off any amount due by the Customer to the Company against any amount that the Customer contends is due by the Company to the Customer, without first having obtained the Company’s prior written consent.
         
      4. Payment will only be credited to the Customer’s account once the amount is cleared into the Company’s bank account.  Any payments made into an incorrect bank account will not discharge the Customer’s liability.
         
      5. The Customer agrees that the amount due and payable to the Company, including interest may be determined and proven by a Certificate issued and signed by a director of the Company, which Certificate shall be prima facie proof of the Customer’s indebtedness to the Company.
         
      6. Should the Customer have a valid reason to dispute an entry raised on the Tax or Commercial Invoice, it shall do so within 14 (fourteen) days of the date of the Company’s invoice to the Customer, failing which such entry shall be deemed to be correct and payable in terms of Clause 1.2.1 above.
         
         
   3. Orders
      All orders or variations to orders shall be in writing, and shall be binding on the Customer, and subject to these terms and conditions and the Customer shall be stopped from denying the validity of such order notwithstanding that it may have been given or signed by a person not authorised by the Customer.
      
      
   4. Quoted Prices
      All prices quoted by the Company are subject to any increase in the cost price, including increases pursuant to currency fluctuations occurring before dispatch of the goods by the Company to the Customer.
      
      
   5. Delivery
      
      1. In the case of the export of goods to customers outside the Republic of South Africa, delivery and risk shall be governed by the Incoterms specified on the Commercial invoice of the Company.
         
      2. In all other instances, unless otherwise agreed to in writing by the Company:
         
         1. Delivery to the customer takes place at the place of business of the customer, and prima facie proof of delivery to the Customer can be by means of an original/copy of:
            
            1. the Company’s delivery note signed by the Customer; or
               
            2. proof of delivery to any transporter if the goods are transported to the Customer by a third party.
               
      3. In the case of 1.5.2.1.2 above, the transporter is deemed to be the Customer’s agent and the Customer authorises the Company to engage such third party to transport the goods to the Customer on such terms as the Company deems fit. The Customer indemnifies the Company against any claims that may arise from such an agreement with the third-party transporter.
         
      4. All deliveries are subject to the availability of the goods and the Company shall be entitled, in its sole discretion, to split delivery of the goods ordered by the Customer in the quantities and on the dates, it decides and to invoice them separately to the Customer.
         
      5. Any date indicated by the Company for delivery of the goods shall be regarded as an estimated date of delivery and does not constitute a contractual obligation.  The Company shall not be liable for any loss or damage of whatsoever nature incurred or connection with any late, incorrect, partial or non-delivery.  The Company will make every endeavor to deliver timeously but the Customer shall not be entitled to cancel or repudiate this agreement or claim damages for consequential loss or otherwise or refuse to accept delivery or part delivery on the grounds of delay in the delivery of the order, or any part thereof, for any cause whatsoever.
         
      6. The Company shall have the right to cancel a Customer’s order where the Company is unable to supply and deliver the goods due to force majeure from any cause beyond the control of the Company, including, but not limited to, inability to secure labor, power, materials or supplies, or by reason of an act of God, or civil disturbance, riot, state of emergency, strike, lockout, labor disputes, fire, flood, drought or legislation.
         
         
   6. Risk
      Risk in the goods shall pass to the Customer on delivery of the goods to the Customer as defined in Clause 1.5, but ownership in the goods shall remain vested in the Company until the purchase price has been paid in full.  The Company reserves the right to inform the end-user or the owner of the premises in which the goods are situated of its claim to ownership.  The Customer undertakes to insure the goods until fully paid for.
      
      
   7. Jurisdiction
      
      1. Should the Customer be domiciled outside the Republic of South Africa, this Agreement, and all contracts of sale between the Customer and the Company shall be governed and interpreted in accordance with the laws of the Republic of South Africa and the South African Courts shall have sole jurisdiction in respect thereof.
         
      2. Should the Customer export the goods to foreign destinations outside of the Republic of South Africa; the Customer, or any third party shall not have any claim against TESK SOUTH AFRICA in respect of customs duties, transport of goods to and from foreign destinations or any other costs associated with exports of new goods and/or after-sales re-import and/or re-export of goods for warranty and/or repair and/or replacement purposes.
         
         
   8. Breach
      
      1. Should the Customer fail to make payment on due date in terms of Clause 1.2 hereof, or should the Customer commit any other breach of its obligations hereunder, then the Company shall have the option to either:
         
         1. Claim from the Customer all sums owing to the Company, whether then due and payable or not, which sums will then immediately become due and payable, the Customer forfeiting all discounts on the goods sold; or
            
         2. Without prejudice to any other remedy the Company may have in terms of these conditions, or by law, to cancel the contract with the Customer, retake possession of the goods supplied and not paid for and recover all amounts already due by the Customer as well as damages it may have suffered by reason of the Customer’s breach.  To give effect thereto, the Customer irrevocably authorizes the Company to enter its premises to repossess its goods supplied and not paid for.
            
      2. Subject to the provisions of Clause 1.8.1, if execution is levied upon the Customer’s assets or should the Customer make any offer of compromise with its creditors or commit any act of insolvency, or if it is a limited liability Company or Close Corporation, an application for the Customer’s liquidation is made, the Company shall have the right to forthwith terminate the contract with the Customer without prejudice to any claim and remedies the Company might have against the Customer for payment of the amounts already due prior to cancellation and damages suffered by the Company by virtue of the Customer’s breach.
         
         
   9. General
      
      1. In the event that the Company renders any services to the Customer, these terms and conditions shall also regulate the provision of such services by the Company to the Customer.
         
      2. In the event of it being necessary for the Company to instruct its attorneys as a result of any breach of these conditions by the Customer or to recover any amounts owing by the Customer to the Company, the Customer agrees to pay for all legal costs on the attorney and client scale inclusive of collection commission, tracing charges, validation fees and stamp duties on any form of security the Company may require from the Customer.
         
      3. In these terms and conditions, unless the context otherwise requires, words importing the masculine gender shall include the feminine gender and words importing to the singular shall include the plural and vice versa.
         
      4. The invalidity of any clause or part thereof of these terms and conditions will not affect the validity of the rest of the terms and conditions.
         
         
         

2. GUARANTEES, WARRANTEES, DAMAGED GOODS, AND INCORRECT DELIVERIES

   
   
   1. The Customer shall not have any claim against TESK SOUTH AFRICA for any loss or damage, howsoever incurred, arising out of or in connection with the Goods supplied or to be supplied by TESK SOUTH AFRICA to the Customer, and the Customer hereby indemnifies and holds TESK SOUTH AFRICA harmless against any claims of whatsoever nature which might be made against TESK SOUTH AFRICA by any third party, arising out of or in connection with the Goods supplied or to be supplied by TESK SOUTH AFRICA to the Customer.
      
   2. To be valid, any claims under the Manufacturer’s guarantee or for damaged goods or incorrect deliveries shall be supported by the original Commercial documents (where applicable).
      
   3. Subject to clause 2.1 above, claims in respect of incorrect deliveries or damaged goods will only be considered if made in writing within 5 (five) days of delivery of the goods, after which time the Customer shall be deemed to have received and accepted the goods in good order and in full compliance with the orders placed.
      
   4.  Any warranty as to quality or freedom from latent defects of the goods sold or fitness for any particular purpose or otherwise is hereby excluded.  The Company shall not be under any liability whether in contract, delict or otherwise, in respect of defects in goods delivered or for any injury, damage or loss resulting from such defects or from any misuse or abuse of the goods.
      
   5. The Company shall not be liable to the Customer for consequential losses, howsoever arising.
      
   6. All Tesk Pumps have a 1 (one) Year Warranty. The warranty period is measured from date of sale to the customer, or date of receipt by customer – both dates to be proven by commercial documentation (invoice, proof of delivery, etc.).
      
   7. The warranty excludes reinstallation costs of units after repair or replacement.
      
   8. All warranty claims must be submitted to and processed by TESK SOUTH AFRICA.
      
   9. The warranty only covers defects in material and workmanship and does not apply to any product that has been subject to negligence, misapplication, improper installation, or inappropriate maintenance.
      
   10. The Company reserves the right to void the warranty if it is determined that external conditions or the incorrect application of the product caused the equipment failure.
       
   11. Some examples of motor and/or pump and/or control failures that are not covered under this warranty policy include, but are not limited to: top feeding wells without a motor flow sleeve, water hammer, electrical surges, lightning, improper control settings causing up thrust, phase failures, continuous restarting of the pump in locked state, frequent restarting, products installed without appropriate protection, incorrect product installation, installation by non-professionals, failure to follow instruction manuals; damages due to wear, tear and/or corrosion.
       
   12. The Company reserves the right to warrant and replace only the defective part or assembly component.
       
   13. Warranty does not apply to items that may need to be replaced under normal wear: pump shaft; seals, capacitors, pressure switches.
       
   14. Under no circumstances should the product be dismantled without the written consent of TESK SOUTH AFRICA. If the unit is dismantled without the presence or permission of TESK SOUTH AFRICA, the warranty becomes null and void.
       
       

3. SERVICE CENTER TERMS AND CONDITIONS. 

   
   
   1. Strip and quote fees will apply to any items received at the Service Center.
      
   2. Strip and quote fees elapse upon approval of service quotation / warranty conditions met.
      
   3. Service Center quotations are valid for 30 (thirty) days.
      
   4. No items will be released until payment and/or formal order is received.
      
   5. Any items not authorised or collected within 30 (thirty) days from report/quotation date will be discarded as scrap and the customer will not have any claim against the Company for such items.
      
   6. The customer shall request faulty parts to be returned with repair, this is not standard practice of the Company.
      
   7. Service Center Reports are based on information received and inspection/analysis of items received.
      
   8. The Company does not provide any installation and/or on-site support services.
      
   9. All service and repair work executed in accordance with the Company’s standard operating procedures have a 3 (three) Month Warranty. The warranty period is measured from date of service and repair invoice.
      
      
      

4. BOREHOLE- AND VERTICAL PUMP INSTALLATION PRECAUTIONS.
   

   
   Further information about critical guidelines regarding the installation of our borehole- and vertical pumps and the associated warranty terms. At TESK SOUTH AFRICA, we take pride in offering high-quality borehole- and vertical pumps that are designed to deliver reliable and efficient performance. However, we have recently noticed an increasing number of cases where our pumps have been installed horizontally, contrary to the recommended installation guidelines provided by our company. We would like to emphasize that our borehole- and vertical pumps are specifically designed for vertical installation only. Installing the pump horizontally not only compromises its functionality but also poses significant risks to the pump's lifespan and overall performance. Therefore, we must inform you that any warranties provided by TESK SOUTH AFRICA will be voided in cases where the pump is not installed according to the recommended guidelines. To ensure optimal performance and longevity of your borehole- and/or vertical pump, please adhere to the following installation guidelines:
   
   
   1. Install the pump vertically: Our borehole- and vertical pumps are engineered to function optimally in a vertical position. This ensures proper water intake and efficient pumping operations.
      
   2. Secure the pump properly: Ensure that the pump is securely fastened and supported to prevent excessive vibrations and potential damage. Use recommended mounting brackets and hardware for secure installation.
      
   3. Provide adequate clearance: Allow for sufficient clearance around the pump to facilitate maintenance and prevent obstruction of the intake and discharge ports. We understand that mistakes can happen, and we are here to assist you in any way we can.
      
      

If you have already installed your borehole or vertical pump horizontally or have any concerns about your installation, please do not hesitate to contact our customer support team at 012 819 1202 / 082 819 3344. Our team of experts are available to address your queries and provide guidance on rectifying the situation. We highly value your satisfaction and want to ensure that you derive maximum benefit from our products. By following the recommended installation guidelines, you will not only safeguard your warranty coverage but also enjoy the optimal performance and longevity of your borehole and/or vertical pump. Thank you for your attention to this important matter.