1. Introduction

Welcome to Battery Pitstop! These Terms and Conditions govern your use of our website at https://batterypitstop.co.zaand any related services. By accessing or using our website, you agree to abide by these terms and conditions.

2. Products and Services

Battery Pitstop is a provider of lithium batteries, solar products, inverters, deep cycle batteries, and golf cart batteries. By using our website and purchasing our products, you agree to the following:

• You acknowledge that all products and services are provided “as is” and may be subject to availability.
• You agree to use our products and services for lawful and non-commercial purposes.

3. Orders and Payments

• When placing an order, you agree to provide accurate and complete information. We reserve the right to cancel or refuse orders at our discretion.
• Payment for products and services is processed securely through trusted payment processors. You agree to pay the full amount for any orders placed.

4. Shipping and Delivery

Shipping times and methods are outlined in our Shipping and Delivery Policy, which is incorporated by reference into these terms and conditions.

5. Returns and Refunds

We offer a return and refund policy, which is governed by our separate Return and Refund Policy available on our website.

6. Intellectual Property

All content on our website, including text, graphics, logos, images, and software, is the property of Battery Pitstop and is protected by copyright and other intellectual property laws.

7. Limitation of Liability

Battery Pitstop shall not be liable for any indirect, special, or consequential damages, including but not limited to loss of profits, arising from the use of our website or the purchase of our products and services.

8. Governing Law

These terms and conditions shall be governed by and construed in accordance with the laws of South Africa. Any disputes shall be subject to the exclusive jurisdiction of the courts of South Africa.

9. Changes to Terms and Conditions

Battery Pitstop reserves the right to amend or modify these terms and conditions at any time. Such changes will be effective immediately upon posting on our website. Your continued use of our website after any modifications indicates your acceptance of the updated terms.

10. Contact Information

If you have any questions or concerns regarding these terms and conditions, please contact us at:

• Email: mohammed@batterypitstop.co.za
• Address: 34 Russell Street, Benoni

Price and Payment

• Unless the Seller has agreed on the selling price of the Goods or the fees for the Services with the Buyer in writing, the price of the Goods or Services will be the Seller’s current price or current fees, where applicable, or the agreed price on the date that the Goods are delivered or the Services are rendered. All prices quoted are exclusive of Value Added Tax.
• The Seller will be entitled to draw up a separate invoice for each delivery of Goods that it makes to the Buyer or for each instance of the performance of Services.
• The Seller, at its discretion, may issue monthly billing statements in lieu of separate delivery invoices.
• The granting of terms of payment will be at the discretion of the Seller, as advised in writing. The terms of payment granted by the Seller will be from the date of invoice or statement.
• Payments by electronic transfer or cash are the only accepted means of payment.
• These payments will only be deemed to be received on notification that the wire transfer has been honored by the Buyer’s bank. Until the Seller receives such notification of payment, risk remains with the Buyer.
• The date of payment by the Buyer will be the date on which the Seller receives the payment electronically at the bank account detailed on the Seller’s invoice.
• The Seller may appropriate all payments made by the Buyer to such invoices or accounts, capital, interest, costs, or any other item of indebtedness of the Buyer to the Seller, as it may in its discretion decide, notwithstanding any attempt by the Buyer to make any allocation in respect of such payment.
• Should any amount not be paid by the Buyer on its due date, then all amounts in respect of all purchases will become due, owing, and payable irrespective of the dates when the Goods were purchased or the Services were rendered. The Buyer will be liable to pay compound interest in respect of such amounts unpaid as of the due date at a rate of prime interest charged by First National Bank Limited plus 3% per annum, compounded monthly, which will be levied on the unpaid amount from due date until the date of payment. Furthermore, in the event of the Buyer failing to pay any amount due on the due date, the Seller may suspend or cease performance of any of its obligations to the Buyer and will not be liable for any loss or damage that may be suffered by the Buyer as a result thereof.
• Any amounts owing to the Seller by the Purchaser at any time, the fact that it is due and payable, the rate of interest payable thereon, and the date from which interest is calculated will be proven by a certificate under the signature of any of the credit managers or financial managers of the Seller. It will not be necessary to prove the appointment of the person signing any such certificate. Such a certificate will be binding upon the Purchaser and be prima facie proof of the facts stated in the certificate. The certificate will be deemed to be a liquid document for the purpose of obtaining any judgment or order against the Purchaser.
• To the extent that the provisions of the Consumer Protection Act No 68 of 2008 (“CPA”) are applicable to this agreement, the LPS or agreed price and specifications that the Seller distributes from time to time serve as information only and do not constitute an offer to sell the Goods or Services at a particular price or fee.
• In the event of the Seller and the Buyer agreeing to payment terms other than cash before delivery, the Seller reserves the right to make such inquiries, from time to time, as it may deem necessary, to confirm the continuing financial status of the Buyer or any third party providing finance or security for the Buyer’s payment obligations to the Seller. The Buyer will cooperate with the Seller and/or procure the cooperation of any third party for this purpose. The Seller will be under no obligation to supply the Goods or render the Services until it is satisfied with the Buyer’s and/or the third party’s ability to pay. Notwithstanding the Seller’s satisfaction in this regard and the use of a third party’s name in any documentation relating to the Buyer’s order, the Buyer will in all instances remain liable for payment of the Goods.

Delivery

• The terms of delivery of the Goods will be specified by the Incoterm® 2010 (as amended from time to time).
• Whilst the Seller will endeavor to deliver the Goods or perform the Services on the dates that the Buyer specifies, the Seller will not be liable for any damages that the Buyer may suffer as a result of the failure by the Seller or its agent to deliver the Goods or perform the Services timeously for any reason.
• The Buyer warrants that the signatory to any documentation associated with the sale of Goods by the Seller or its transport agent or the performance of the Services made out in the name of the Buyer is duly authorized to bind the Buyer in relation to the sale or the performance of the Service and will also constitute prima facie proof of the proper delivery of the goods to the Buyer or performance of the Services.
• Should the Buyer fail to issue a notice in terms of clause 5.1, the Seller’s determination of the quantity of the Goods delivered to the Buyer shall be deemed as correct.

Warranty

• The Buyer warrants that it has complied with all statutory requirements and is in possession of all the necessary permits, authorizations, or any other official documents required for the purchase of the Goods or Services. The Buyer indemnifies and holds the Seller harmless from any loss or damage, direct or consequential, caused by or arising from a breach of the warranty contained in this clause.
• The Buyer warrants that it has been adequately warned by the Seller of the risks associated with handling, using, transporting, storing, and disposing of the Goods and that the Buyer is familiar with the Goods. The Buyer acknowledges its separate and independent knowledge of such risks, which are known in the Buyer’s industry. The Buyer will maintain compliance with all safety and health-related governmental requirements concerning the Goods or Services and will take all reasonable and practical steps to inform, warn, and familiarize its employees, agents, contractors, and customers with all hazards associated with the Goods or Services, including handling, shipment, storage, use, and disposal in respect of the Goods.
• The Seller warrants that the Goods or Services will comply with the Seller’s specification for the Goods or Services, but the Seller does not give any warranties in respect of the Goods or Services, including any warranties as to their merchantability or fitness for any purpose. All other warranties or conditions as to quality, description (statutory or otherwise) are specifically excluded unless the provisions of the CPA take precedence.
• The Seller will not be liable for breach of the warranty set out in clause 4.3 where the defects of the Goods have been caused by or the quality of the Goods or Services has been affected by the negligence or fault of the Buyer, the Buyer’s employees, or any third parties.
• The Buyer accepts that the Seller’s determination, unless proven to be erroneous, will be accepted as conclusive evidence of the quality of the Goods or Services delivered.
• The liability of the Seller for breach of the warranty in clause 4.3 (or for any other claim based on any defect in Goods or Services that the Seller supplies to the Buyer) will under no circumstances exceed the limits set out in clause 7.

Returns

• The Seller, in its sole discretion, may authorize the return of Goods. However, the Seller will not accept Goods that have been opened, tampered with, or are in a damaged or unsaleable condition.
• All authorized returns will be accompanied by a Return Authorization Form or a similar document, failing which the Seller will not be obliged to accept the return.
• The Buyer accepts that the Seller is not obliged to accept returns and that if the Seller elects to accept a return, the Buyer may be liable to pay the Seller a handling fee of up to 10% of the price of the returned Goods, depending on the condition of the Goods upon return and the reason for the return.

Contact Information For any queries or concerns regarding these terms and conditions, please contact us at:

• Email: mohammed@batterypitstop.co.za
• Address: 34 Russell Street, Benoni

These terms and conditions constitute the entire agreement between you and Battery Pitstop and govern your use of our website and services. By continuing to use our website, you acknowledge that you have read, understood, and agreed to be bound by these terms and conditions.