Terms and Conditions of Sale
( Including Application form and electronic Banking Form)
1, Priorty of Terms and Conditions
All agreements for the sale and supply of products and services ("products") by Global Broadband Solutions (Proprietary) Limited ("Seller") to any person ("Buyer") are subject to the terms and conditions set forth herein. These terms and conditions shall prevail over any conflicting terms and conditions previously agreed to by the Seller and the Buyer. No term or condition stated in any order, solicitation or contract of the Buyer shall be binding on the Seller unless agreed in writing by the Seller.
2, Quotation, Prices and Taxes
Any price quoted in writing by the Seller for any of the products shall, unless otherwise agreed in writing by the Seller, be valid for a period of 30 days from the date of the quote. Quotations are available for other specific time periods upon request. Unless otherwise determined in writing by the Seller, the Seller's prices do not include sales, use, excise, import or value added tax, customs duty or any other tax, tariff or assessment which may arise from the sale or supply of the products or services quoted. Such amounts shall be added to the contract price in the event Seller becomes liable to pay or bear the burden thereof.
3, Teams of Payment
Unless otherwise agreed in writing, the purchase price for any products or services shall be payable against delivery of the products or activation of services in terms hereof. Seller reserves the right to require payment by irrevocable, confirmed letter of credit on any order Seller may deem necessary. Orders accepted on other terms shall be due in strict accordance with the terms quoted. Interest at 5% above the prime overdraft lending rate from time to time of First National Bank of Botswana, compounded monthly in arrears, shall accrue on the outstanding, unpaid balance on all amounts owing by the Buyer to the Seller from time to time. The Buyer shall pay all amounts owing to the Seller free of all withholding and set-off.
Ownership in and to all products sold by the Seller to the Buyer shall pass to the Buyer on the date on which the Buyer has paid the full purchase price thereof, notwithstanding that the products may have been sold to the Buyer on credit terms.
5, No Warranties
WITH RESPECT TO THE SERVICE TO BE PROVIDED HEREUNDER, RESELLER ACKNOWLEDGES THAT GBS MAKES ABSOLUTELY NO WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WARRANTY OF MERCHANTIABILITY OR FITNESS OF THIS SERVICE FOR A PARTICULAR PURPOSE. AS A RESULT, RESELLER AGREES THAT GBS SHALL NOT BE LIABLE TO RESELLER OR ANY OF ITS CUSTOMERS FOR ANY CLAIMS OR DAMAGES WHICH MAY BE SUFFERED BY RESELLER OR ITS CUSTOMERS, INCLUDING, BUT NOT LIMITED TO, LOSSES OR DAMAGES OF ANY AND EVERY NATURE, RESULTING FROM THE LOSS OF DATA, INABILITY TO ACCESS INTERNET, OR INABILITY TO TRANSMIT OR RECEIVE INFORMATION, CAUSED BY, OR RESULTING FROM, DELAYS, NONDELIVERIES, OR SERVICE INTERRUPTIONS WHETHER OR NOT CAUSED BY THE FAULT OR NEGLIGENCE OF GBS. Reseller hereby agrees to indemnify and hold harmless GBS from any and all claims of whatever nature brought by any of Reseller’s customers against GBS. Notwithstanding anything herein to the contrary, GBS shall not be liable for any claim brought by Reseller for any amounts in excess of the aggregate of the amounts paid by Reseller or Reseller’s customers during the 12 month period prior to the date the cause of action arose.
6, Limitation of Liability
Seller shall not be liable to Buyer for any loss and/or damage caused by the Seller to the Buyer directly or indirectly by any act or omission on the part of the Seller, its employees, agents and/or subcontractors, save in cases of gross negligence or willful default on the part of the Seller.
7, Governing Law
Any agreement arising from these terms and conditions is subject to the law of Botswana.
If the Buyer is placed under sequestration, liquidation or judicial management, whether provisional or final, or fails to pay any amount owing to the Seller on due date thereof, or fails to perform any of its other obligations to the Seller on due date thereof, then the Seller shall, without prejudice to such other rights as the Seller may have at law, be entitled to claim immediate payment of all amounts then owing to the Seller by the Buyer and/or to cancel any outstanding orders for products placed on the Seller by the Buyer and/or claim immediate possession of all unpaid products already delivered by the Seller to the Buyer.
In the event of the Seller instructing its attorneys to recover any money or products from the Buyer, then the Buyer shall be liable for all legal costs incurred by the Seller on the attorney and own client scale.
No failure by a party to enforce any provisions of these terms and conditions shall constitute a waiver of such provision or, in any way, affect a party's right to require the performance of such provision at any time in the future, nor will a waiver of a subsequent breach nullify the effectiveness of the provision itself.
No party will have any claim or cause of action arising from an undertaking or representation or warranty not included in these terms and conditions. No agreement to vary, add or cancel these terms and conditions will be of any force and effect unless reduced to writing and signed by or on behalf of the parties.
The Buyer shall not cede any of its rights under this agreement without the prior written consent of the Seller. Read and Approved