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RETURNING GOODS
Any goods purchased from Zen Dynamics can be returned for a refund
within 7 days of receipt of shipment. A handling fee of 15 percent
of the total order value will be charged. The customer will also
have to pay for the return shipping cost. These items must be in new
condition with original packaging and accessories.
If a product is defective or damaged, we will provide a replacement.
To expedite processing of your replacement, please contact our
Customer Service to arrange for the return of the product.
Zen Dynamics reserves the right to test 'dead on arrival' returns
and impose a customer fee equal to 15 percent of the product sales
price if the customer misrepresents the condition of the product.
Any returned product that is damaged through customer misuse, is
missing parts, or is in un-sellable condition due to customer
tampering will result in the non acceptance of this return.
We will also not issue refunds for the return of certain items,
including:
Any item that is returned more than 7 days after delivery. Any
product that has obvious signs of use. Any item that
has been opened (taken out of its plastic wrap). Any item that is
not in its original condition, is damaged, or is missing parts.
INSURANCE
By default the supplier does not take out
insurance for goods in transit but the customer shall have the
option to require Zen Dynamics, at the customers own expense, and prior to
despatch of the goods, to insure the goods in transit. Such
insurance may be taken with Courier insurers, for such amount and on
such terms as may be approved by the supplier. The insurance policy
shall record the interest of both the supplier and the customer. The
customer shall, if so required by the supplier, cede to the supplier
all its rights in terms of such insurance policy. The supplier shall
exercise the said option by giving the customer written notice that
it is doing so at any time prior to the receipt of the goods by the
supplier to the customer.
COSTS
The customer shall be liable for all costs incurred by the supplier
in the recovery of any amounts or the enforcement of any rights
which it has hereunder, including collection charges and costs on an
attorney and own client scale and costs of counsel as on brief
whether incurred prior to or during the institution of legal
proceedings or if judgment has been granted, in connection with the
satisfaction or enforcement of such judgment.
LAW AND JURISDICTION
This agreement shall be governed by and construed in accordance with
the laws of the Republic of South Africa and the parties hereby
submit to the non-exclusive jurisdiction of the courts.
RECEIPT OF DOCUMENTS, CHEQUES ETC.
No notices, cheques, cash or other documents sent to the supplier
through the post shall be deemed to have been received unless and
until actually received by the supplier.
EXEMPTION AND INDEMNITY
The customer shall have no claim of any nature whatsoever for
damages, a remission of the purchase price, cancellation or
otherwise, against the supplier, its servants, agents or others on
whose behalf the supplier would be liable, in respect of any loss or
damage sustained by the customer of any nature whatsoever or any
damage caused to the assets of the customer or assets kept on its
premises by any third parties or in regard to the customer’s
business or sustained by any of its customers, howsoever caused
including the negligent (including grossly negligent) acts or
omissions of the supplier, its servants, agents or others for whom
it may be liable in law. This constitutes also a stipulatio alteri
in favour of such person the benefits of which may be accepted by
them at any time.
INTEREST
The customer shall pay interest at the publicly quoted basic rate
per annum ruling from time to time at which The Standard Bank of
South Africa Limited lend on overdraft, which rate shall be proved
by was of a certificate signed by any employee of such bank,
compounded monthly in arrears on all amounts owing by the customer
to the supplier which have not been paid on the due date thereof,
reckoned from the due date thereof until date of payment. Such
interest shall be payable
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