STANDARD TERMS AND CONIDTIONS
Introduction and Definitions
Terms of supply
Price and Payment
Value Added Tax (vat)
Rate of Exchange
Packing, Protection and Delivery of goods and/or services
Retention of Title
Quality and Specifications
Warranty and Defects Liability Period
Installation and Commissioning of Goods and/or services
Regulations and Health and Safety
Indusrial property rights copyrights
Parties Warranty on Adherence to anti-bribery and sanctions laws or policies
All business is undertaken in terms of the Company’s Standard Trading Terms and Conditions. A copy of the Company’s Standard Trading Terms and Conditions is available on request.
You hereby declare and confirm that you, as the person/entity/body/individual/company whose is providing information and hereinafter collectively referred to as the “client”, do hereby irrevocably agree and understand that any/all information supplied or given to the service provider, is done so in terms of the below terms and conditions and in terms of this agreement and consent declaration
In this Agreement, unless inconsistent with or otherwise indicated by the context –
1.1.1. “This Agreement” means the Agreement contained in this document;
1.1.2. “The Company/Service provider” means ParaMatic (Pty) Ltd (“Company”) and includes its affiliated, holding and subsidiary companies;
1.1.1. any information in respect of know-how, formulae, processes, systems, business methods, marketing methods, promotional plans, financial models, inventions, long-term plans and any other information of the client and the company in whatever form it may be;
1.1.2. all internal control systems of the client and the company;
1.1.3. details of the financial structure and any other financial, operational information of the client and the company; and
1.1.4. any arrangements between the client and the company and others with whom they have business arrangements of whatsoever nature, all of which the client and the company regards as secret and confidential.
1.1.1. information relating to the race, gender, sex, pregnancy, marital status, national, ethnic or social origin, colour, sexual orientation, age,
physical or mental health, well-being, disability, religion, conscience, belief, culture, language and birth of the person;
1.1.2. information relating to the education or the medical, financial, criminal or employment history of the person;
1.1.3. any identifying number, symbol, e-mail address, physical address, telephone number, location information, online identifier or other particular assignment to the person;
1.1.4. the biometric information of the person;
1.1.5. the personal opinions, views or preferences of the person;
1.1.6. correspondence sent by the person that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence;
1.1.7. the views or opinions of another individual about the person; and
1.1.8. the name of the person if it appears with other personal information relating to the person or if the disclosure of the name itself would reveal information about the person.
1.1.1. the collection, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation or use;
1.1.2. dissemination by means of transmission, distribution or making available in any other form; or
1.1.3. merging, linking, as well as restriction, degradation, erasure or destruction of information.
POPI” means the Protection of Personal Information Act adopted by the Republic of South Africa on 26 November 2013 and as amended from time to time.
WHEREAS IT IS AGREED THAT
All parties agree that they will comply with POPI regulations and process all the information and/or personal data in respect of the services being rendered in accordance with the said regulation and only for the purpose of providing the Services set out in the agreement to provide services. The Company, all the parties to this agreement, the Company’s employees and the Client’s employees and any subsequent party/parties to this agreement acknowledge and confirm that:
-all information of any party which may or may not be marked “confidential”, “restricted”, “proprietary” or with a similar designation;
-where applicable, any and all data and business information;
-where applicable the parties may have access to data and personal and business information regarding clients, employees, third parties and the like including personal information as defined in POPI regulations; and
–trade secrets, confidential knowledge, know-how, technical information, data or other proprietary information relating to the client/service provider or any third the party associated with this agreement and (including, without limitation, all products information, technical know-how, software programs, computer processing systems and techniques employed or used by either party to this agreement and/or their affiliates.
By signature hereunder, all parties irrevocably agree to abide by the terms and conditions as set out in this agreement as well as you irrevocably agree and acknowledge that all information provided, whether personal or otherwise, may be used and processed by the service provider and such use may include placing such information in the public domain.
Further, it is specifically agreed that the service provider will use its best endeavours and take all reasonable precautions to ensure that any information provided, is only used for the purposes it has been provided. It is agreed that such information may be placed in the public domain and by signature hereunder, all parties acknowledge that they have read all of the terms in this policy and that they understand and agree to be bound by the terms and conditions as set out in this agreement.
It is confirmed that by submitting information to the service provider, irrespective of how such information is submitted, you consent to the collection, collation, processing, and storing of such information and the use and disclosure of such information in accordance with this policy.
Where required, the Customer’s Certificate of Insurance Schedule is affected in the Scope of Works.
The Customer shall be entitled to terminate the Purchase Order, in whole or in part, at any time, by written notice to ParaMatic specifying the date of termination. On such date of termination, ParaMatic shall discontinue performance in terms of the Purchase Order, preserve any portion of the Goods and/or Services ready for delivery and hand over all such portions of the Goods and/or Services to the Customer, in accordance with the Engineer’s instructions. All portions of the Goods and/or Services so delivered to the Customer prior to the date of termination, or handed over to the Customer as contemplated herein, shall become the property of the Customer when paid for by the Customer.