Terms & Conditions
All warranties are standard manufacturer warranties, it is advised that the customers contact us before assuming manufacturer warranties. Some brands do struggle with parts locally due the popularity of the product and exponential growth in the local market. Please contact us on 012 753 3010 for more information on product brands, their warranties and repair turnaround times.
Terms & Conditions
IN STORE AND ONLINE TERMS AND CONDITIONS
- INTRODUCTION
- This website can be accessed at www.nerd.africa (the “Website”) and is owned and operated by Solar & Security Nerd (PTY) LTD (Proprietary) Limited (“Solar Nerd”, “Security Nerd”, “we”, “us” and “our”).
- These Website Terms and Conditions (“Terms and Conditions”) govern the ordering, sale and delivery of Goods, and the use of the Website.
- These Terms and Conditions are binding and enforceable against every person that accesses or uses this Website (“you”, “your” or “user”), including without limitation each user who purchases goods, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.
- The Website enables you to shop online for solar and backup power accessories (“products”).
- By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content
- You may only use this site to browse the content, make legitimate purchases and shall not use this site for any other purposes, including without limitation, to make any speculative, false or fraudulent purchase.
- Pictures are for illustrative purposes only and the product may vary in finishing, galvanized, nickle plated...
- PROCUCTS AND AVAILABILITY
1. The pictures displayed on the Website are for illustration purposes only. Although we do our best to post accurate pictures of the products, products may be a bit different from the picture. Only the item mentioned in the description is the item that is being displayed for purchasing.
2. Solar & Security Nerd will make all reasonable attempts to ensure that special offers are brought to an end when stock runs out. If it happens that we are unable to fulfil any order at the advertised price because stock is sold out, we will inform you via email and you will be entitled to a reimbursement for the rand value you have paid for such product..
- Registration and use of the website
- be used for personal use only; and
- not be disclosed by you to any third party.
- be used for personal use only; and
- Only registered users may order Goods on the Website.
- To register as a user, you must provide a unique username and password and provide certain information and personal details to Solar & Security Nerd. You will need to use your unique username and password to access the Website in order to purchase products.
- You agree and warrant that your username and password shall:
- For security purposes you agree to enter the correct username and password whenever ordering products, failing which you will be denied access.
- You agree that, once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorized or fraudulent, you will be liable for payment of such order, save where the order is cancelled by you in accordance with the Cooling off period policy or Refund Policy.
- You agree to notify us immediately upon becoming aware of or reasonably suspecting any unauthorized access to or use of your username and password and to take steps to mitigate any resultant loss or harm.
- By using the Website you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.
- You may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.
- BUYING ONLINE
1. The site allows you, the user, to place electronic orders ("order") for one or more products on offer as long as such product(s) is/are available and not sold out.
2. A purchasing contract ("sale") between you and Solar & Security Nerd only comes into effect once you have fully completed AND submitted the online order form for one or more products in your shopping cart (“cart") AND your payment has been authorized by Solar & Security Nerd (or has been received into our bank account).
3. The above is dependent on the product being available.
4. Prior to delivery or your collection of the product(s), you may cancel an order at any time provided you do so before receiving a dispatch or delivery notice. After delivery or your collection of the product(s), you may cancel the Sale only in accordance with the Cooling off Period Policy or Refunds Policy.
5. Products on our Website cannot be reserved to be bought at a later stage, and placing an item in your cart without completing the order does not amount to a “sale”.
6. This means that we may remove any product(s) from your cart before the sale actually takes place, in the event of the product going out of stock.
7. We cannot be held responsible if the product(s) you added to your cart have become unavailable when you try to complete the sale.
8. A tax invoice will be emailed to the email address on your Solar & Security Nerd profile. A delivery note will be included with your order – please note that no prices are visible on the delivery note.
9. Certain products may not be purchased for re-sale. Should we suspect that any Goods are being purchased for sale, we are entitled to cancel your order immediately without notice to you.
- CONCLUSION OF CONTRACT IN STORE
- The customer may place an order for goods orally or in writing, which order shall constitute the customer’s offer.
- Solar & Security Nerd shall be entitled to accept the customer’s order in whole or in part.
- Upon acceptance by Solar & Security Nerd of the customer’s order a contract of sale upon the terms set forth in these Conditions shall be deemed to have been concluded between the customer and Solar & Security Nerd in respect of the goods which Solar & Security Nerd has agreed to supply.
- Any order form delivered to Solar & Security Nerd which reflects the customer’s name shall be deemed to have emanated from the customer, and shall be binding on the customer, notwithstanding that such order may have been given or signed by a person not duly authorized by the customer.
- Each order that is accepted by Solar & Security Nerd shall constitute a separate and distinct contract of sale in respect of the goods forming the subject of such order.
- PAYMENT
- Visa, or
- MasterCard, or
- Diners or American Express credit cards, or
- EFT or Direct bank transfers into Solar & Security Nerd’s bank account, or
- Set Off.
- Visa, or
- We are committed to providing secure online payment facilities.
- The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR). All prices on the Website INCLUDE VAT.
- Payment can be made for product(s) via -
- Credit Card transactions will be acquired for Solar & Security Nerd via PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no credit card details are stored on the Website.
- Customer details will be stored by Solar & Security Nerd’s separately from card details which are entered by the client on PayGate’s secure site.
- Once you have selected your payment method and you accept these Terms and Conditions, you will be directed to a link to a secure site for payment of the applicable purchase price for the Goods.
- It is agreed that set-off shall operate automatically as a matter of law at the moment reciprocal debts between Solar & Security Nerd and the customer come into existence and independently of the will of the parties and it shall not be necessary for either Solar & Security Nerd or the customer to specifically raise set-off. Upon the operation of an automatic set-off aforementioned, the debts shall be mutually extinguished to the extent of the lesser debt.
- In the event of the customer having an existing credit account/application and which account is in arrears and the customer subsequently purchases goods on a cash basis, then under this particular circumstance, Solar & Security Nerd can appropriate and set off the cash payment received from the customer to the outstanding arrear account.
- The set-off will only apply to arrear accounts that are undisputed and where the Customer has explicitly or impliedly admitted liability and has even made a part payment towards the arrear account.
- PASSING OF RISK & OWNERSHIP
- Risk in the products will pass to you or your authorized representative on delivery to your nominated address. We will however retain ownership of the products until payment is received in full.
- These Terms and Conditions are in no way intended to deprive you, if you are a “consumer” contemplated under the Electronic Communications and Transactions Act 25 of 2002 (ECTA) of your right to cancel an agreement for the supply of goods within seven days after the date of the receipt of the goods, goods must be unopened and in original condition, subject to a handling fee / the reasonable cost of returning the goods, which will be off-set against the refunded purchase price. You are a consumer under ECTA if you are an individual who will use the goods you buy.
- A full record of your transactions on our system will be available instantly on your account.
- Delivery of goods
- Courier; or
- Delivery; or
- self-collection.
- Courier; or
- Solar & Security Nerd Company offers 2 (two) methods of delivery of certain products to you. You may elect delivery via:
- As user it is your responsibility to provide your correct shipping address from the outset as title and risk will pass to you once the order has left our premises.
- We will deliver the product(s) to you as soon as reasonably possible, but no later than 30 (thirty) days of receipt of your payment (“Delivery Period”). We will notify you if we are unable to deliver the product(s) during the Delivery Period. You may then, within 7 (seven) days of receiving such notification elect whether or not to cancel your order for the product(s). If you elect to cancel your order, we will reimburse you for the purchase price, see the Refund Policy.
- Our obligation to deliver a product to you is fulfilled when we deliver the product to the physical address nominated by you for delivery of the order. Solar & Security Nerd is not responsible for any loss or unauthorized use of a product, after it has delivered the product to the physical address nominated by you.
- Please ensure that you provide us with your daytime delivery details as products are typically delivered during working hours between 8:00 – 17:00. We do not deliver to PO Box addresses.
- Occasionally packages are returned to us undeliverable. Should this event take place every attempt will be made to contact you to make arrangements for re-shipment. You will be held liable for the fees associated with the re-shipment of your package.
- Please take note that that delivery option of a courier is not permissible for sun panels, rails for solar panels and/or roof structures and only delivery or self-collection is allowed.
- Solar & Security Nerd charges shipping and handling fees for every shipment, unless a special promotion or contract term provides otherwise; such cost includes the freight charged by the carrier, packaging, and handling.
- FITTING IS YOUR RESPONSIBILITY
- We only supply the product(s) to you. Installation is for your own account and your own risk.
- We do not and cannot accept any responsibility for any problems that occur during installation.
- If you bought a product which has to be installed we strongly recommend that you have it installed by an Installation Electrician (IE) and a Master Installation Electrician (MIE) that can issue a Certificate of Compliance on a solar installation who are registered with the Department of Labour. No other qualification other than an IE or MIE can qualify a person to so do.
- Warranty claims will be void if the installation is not done as per the installation manual.
- Errors
- We shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of products on the Website. However, should there be any errors of whatsoever nature on the Website (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to a transaction based on any error, save – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid, or otherwise as set out in the Refunds Policy.
- COOLING OFF PERIOD POLICY
- In terms of section 16(3) of the Consumer Protection Act, no 68 of 2008 (the CPA), as amended from time to time, the user has a cooling off period of 5 business days after the later of the date on which: the transaction or agreement was concluded or the goods that were the subject of the transaction were delivered to the user may rescind the agreement without a penalty fee. It is the responsibility of the user to advise Solar & Security Nerd in writing of your rescission. See clause 8.3 with regards to delivery of notices in order to comply with the prescribed period as aforesaid.
- In terms of section 16(4) of the CPA, as amended from time to time we must return any payment received from the user in terms of the transaction within 15 business days after:
- receiving notice of the rescission, if no goods had been delivered to the user in terms of the transaction; or
- receiving from the consumer any goods supplied in terms of the transaction; and
- REFUND POLICY
- All products sold by Solar & Security Nerd generally carry the applicable supplier or manufacturers warranties (if any).
- Solar & Security Nerd has no objection to repair, replace or refunding goods where it is legally required to do so under the provisions of the Consumer Protection Act (CPA) or the Electronic Communications and Transactions Act 25 of 2002 (ECTA).
- In terms of section 44 of the Electronic Communications and Transactions Act 25 of 2002 (ECTA) you have the right to cancel any electronic transaction for the supply of goods within seven days after the date of receipt of the goods, and, obtain a full refund for those goods within 30 days of the date of cancellation. Where the goods have already been shipped to you, you will be liable for the direct cost of returning the goods to us (which costs include a handling fee of up to 20%). Please note that in order to obtain a full refund, subject to any set-off:
- it is your responsibility to ensure that we receive written notice of cancellation within 7 days of your receipt of the goods;
- you must cancel the transaction by submitting a written request to info@nerd.africa.
- you will need to arrange the return of the goods to us and will be liable for the cost of returning the goods to us (which will be off-set against the refund of purchase price); and
- he goods must be in the original packaging and must not have been used or damaged.
- Please note that the 6 (six) month CPA warranty does not entitle you to return a product for no reason.
- Please further note that Solar & Security Nerd will not accept return or exchange goods in any circumstances other than those contemplated under the CPA or ECTA, unless Solar & Security Nerd within its discretion determines that faulty goods are covered by a particular supplier or manufacturer’s warranty.
- Should you wish to return an item bought from the Solar & Security Nerd’s website, see paragraph 12.3 above.
- Please note that:
- Products will need to be inspected and tested by the supplier (and are subject to our in-house inspection) before a replacement / refund will be offered;
- Products damaged due to inappropriate use or wear and tear will not be covered under this returns policy. Further, no credit will be issued on product(s) found to be obsolete, returned damaged, re-machined products or where there is obvious evidence that the product(s) were tampered with or altered. In such case, you will be notified of our findings;
- If the return is being made because of a factory error or defective material, depending on the outcome of our inspection, credit will be issued to cover the cost of the product(s) and the delivery charges;
- If our inspection and testing determines that the returned product(s) are not defective then a handling fee of 20% will be charged. Customers will be notified of this and asked how they want the product(s) couriered back to them in this instance. On the day the customer is notified, he/she will have fourteen days to inform us how they want the product(s) returned to them. In the event the customer does not respond to us within the fourteen days, we will discard the product(s) and no credit will be issued.
- If a refund has been authorised and processed, kindly allow up to two weeks for the money to reflect in your bank account.
- Please note that the onus is on you to ensure that the product you order is appropriate for its intended use and / or application.
- If the incorrect product has been delivered to you by mistake (i.e. it is not the product that you ordered), please do not remove the product from its original packaging, open or use the product in any way.
- Please promptly email info@nerd.africa to notify us so that we can resolve the mistake by arranging to collect the incorrect product from you and deliver the correct product to you, as quickly as possible.
- Please note that under no circumstances can we accept any responsibility or liability for late or delayed exchanges and / or returns.
- You acknowledge and accept that no returns will be considered of any cable which has been cut to the Customer’s specifications.
- WARRANTY POLICY
- Solar & Security Nerd hereby warrants to you, the original purchaser (“you” or “your”), that the products that you purchased which accompany a Limited Warranty (“Products”) by the manufacturer shall be free from defects in materials and workmanship under normal conditions. Solar & Security Nerd will confirm which products has limited warranties.
- Solar & Security Nerd will first repair then replace any Product determined to be defective and which has been returned, as set forth in section 12 above, to Solar & Security Nerd a Product may be replaced with a new or used product and/or current or prior revision. Where Solar & Security Nerd determines in its sole judgement that repair or replacement of such Product is not reasonable, Solar & Security Nerd will keep the non-conforming Product and refund to you the amount you paid for such Product. Returned Products shall be subject to the balance of the Warranty Period otherwise applicable. Any reconditioned parts used by Solar & Security Nerd shall be subject to all the same provisions as otherwise applicable to new parts.
- All inverters and batteries must be installed by a qualified electrical wire man or Master electrician with a valid registration with the Department of Labour. A valid electrical certificate of compliance (COC) must be issued once installed, specific to the installation of the backup or solar system. The installation must be compliant with SANS 10142 and ALL its parts. Any warranty claim submitted without installation photos, a valid COC and proof of a qualified wire man/master electrician installing the unit, can be rejected and will render the warranty claim null and void.
- The warranty does not cover damage resulting from:
1. Power surge
2. Under-voltage
3. Over-voltage
4. Lightning
5. Corrosion
6. Sea spray
7. Condensation
8. Water damage
9. Dust or any solid particles
10. Sand
11. Insects
12. Lizards
13. Excessive heat exposure
14. Weather damage
15. Negligence by the installer or homeowner
16. Incorrect installation
17. Inadequate protection device rating
18. Tampering (broken seal)
19. Dirty filters
20. Exceeding the maximum power rating, current or voltage for the input solar circuit, DC battery input, AC input and AC output.
The warranty will be void if the unit is:
- Not installed as per manufacturers specifications
- Not installed with a minimal 40kA surge protection unit for both live and neutral wires from the AC incoming supply
- Not installed with a minimal 40kA surge protection unit for both positive (LIVE) and negative (NEUTRAL) wires from the AC incoming supply
- Not protected by the calculated and required 2 pole breakers for the input and output of the inverter
- Not installed with a changeover switch
- The battery input must be protected by a rated fuse for both the negative and positive connections, within the calculated PSCC ratings.
- Tampered with (attempted to open the unit)
- Visible damage to the unit.
- Prior to returning any Products to Solar & Security Nerd for warranty service, you must first contact Solar & Security Nerd by telephone at (+27) 012 753 3010 to confirm that such Products are covered by this Limited Warranty. If such Products are so covered, you may will be requested to send Solar & Security Nerd a written warranty request which must be sent to info@nerd.africa, and you must include a true and correct copy of the original receipt showing the date of Product purchase by you, and a detailed, written description of any associated Product problems and COC. We recommend that customers take the last 4 digits of the invoice number and write it with a permanent marker on the side of the inverter/battery/solar panel, we can then reprint/recall the invoice from the system. (Eg Invoice number INV-SN0003970 the customer can add #3970 to the side of the product). Please note this invoice must contain the serial number of the product in question.
- Please note that you are responsible for all shipping charges incurred in returning an item for exchange or repair. If Solar & Security Nerd determines that any Product is not covered by this Limited Warranty, you must pay all parts, labour charges.
- Products not purchased though Solar & Security Nerd will be accepted for repair at Solar & Security Nerd’s sole discretion, you will be charged a handling fee of 25% to determine the fault and you will be liable to pay for all parts, shipment and labour charges. A written quotation will be provided to you and if you do not accept the charges and the handling fee is not paid the product will be retained for a period of 30 days whereafter the product will be discarded.
- Privacy policy
- Solar & Security Nerd shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, “personal information: shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://www.policy.org.za/attachment.php?aa_id=3569.
- We are entitled to use or disclose your personal information if such use or disclosure is required in order to comply with any applicable law, subpoena, order of court or legal process served on us, or to protect and defend our rights or property.
- We will not retain your personal information longer than the period for which it was originally needed, unless we are required by law to do so, or you consent to us retaining such information for a longer period.
- We undertake never to sell or make your personal information available to any third party other than as provided for in this policy, unless we are compelled to do so by law. In particular, in the event of a fraudulent online payment, we are entitled to disclose relevant personal information for criminal investigation purposes or in line with any other legal obligation for disclosure of the personal information which may be required of it.
- Whilst we will do all things reasonably necessary to protect your rights of privacy, we cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of your personal information, whilst in our possession, made by third parties who are not subject to our control, unless such disclosure is as a result of our gross negligence.
- If you disclose your personal information to a third party, such as an entity which operates a Website linked to this Website or anyone other than to us, WE SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, HOWSOEVER ARISING, SUFFERED BY YOU AS A RESULT OF THE DISCLOSURE OF SUCH INFORMATION TO THE THIRD PARTY. This is because we do not regulate or control how that third party uses your personal information. You should always ensure that you read the privacy policy of any third party.
- Ownership and copyright
- The contents of the Website, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in this Website (“Website Content”) are protected by law, including but not limited to copyright and trade mark law. The Website Content is the property of Solar & Security Nerd, its advertisers and/or sponsors and/or is licensed to Solar & Security Nerd.
- You will not acquire any right, title or interest in or to the Website or the Website Content.
- Any use, distribution or reproduction of the Website Content is prohibited unless expressly authorized in terms of these Terms and Conditions or otherwise provided for in law. To obtain permissions for the commercial use of any Website Content contact our Manager at 012 753 3010 or info@nerd.africa
- You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the Website. This Website and the content provided in this Website may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed. “Deep-linking”, embedding” or using analogous technology is stickily prohibited. Unauthorized use of this Website and/or the materials contained on this Website may violate applicable copyright, trademark or other intellectual property laws or other laws.
- Disclaimer
- When you visit the Solar & Security Nerd’s website, you consent to receive communication from Solar & Security Nerd electronically and agree that all agreements, notices, disclosures and other communication sent by Solar & Security Nerd satisfy any legal requirements, including but not limited to the requirement that such communications should be “in writing”.
- It is the responsibility and onus of the Customer to ensure that the products and goods are fit for the purpose for which you purchase them specifically in terms of description, price, quantity, measurements and sizes and are in excellent condition and free of any form of defects before you take delivery of the products/ goods.
- If you are not happy with the purchase of the products/goods, then please refer to Solar & Security Nerd’s return policy.
- It is important to take note that Solar & Security Nerd will not replace or refund you if the products/goods do not comply with the intended and particular purpose.
- Notwithstanding any other disclaimers contained elsewhere in these Terms and Conditions, Solar & Security Nerd makes no warranty or representation, whether express or implied, about the use of this Website, and the use is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website.
- Solar & Security Nerd disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in in connection with your access to or use of the Website.
- While Solar & Security Nerd will take reasonable measures to ensure that the content of the Website is accurate, complete and timely, Solar & Security Nerd makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website.
- If any such representations or warranties are made by Solar & Security Nerd representatives, Solar & Security Nerd shall not be bound thereby.
- FORCE MAJEURE EVENTS
- Solar & Security Nerd will not be liable to you or any other party for any delay or failure in performing its obligations (excluding payment obligations) in terms of these Terms and Conditions due to an event beyond its control.
- It is in Solar & Security Nerd’s sole, binding and final discretion as to what constitutes a force majeure.
- Force majeures shall include, but not be limited to the following events: an act of God, fire, flood, earthquake, war, hurricanes.
- Such events must occur to the extent that they render Solar & Security Nerd’s business as incapable of being run in totality.
- Availability and termination
- We will use reasonable endeavors to maintain the availability of the Website, except during scheduled maintenance periods, and are entitled to discontinue providing the Website or any part thereof with or without notice to you.
- Solar & Security Nerd may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that we will not be liable to you in the event that it chooses to suspend, modify or terminate this Website other than for processing any orders made by you prior to such time, to the extent possible.
- If you fail to comply with your obligations under these Terms and Conditions, including any incident involving payment of the price of an order for any product(s), this may (in our sole discretion with or without notice to you) lead to a suspension and/or termination of your access to the Website without any prejudice to any claims for damages or otherwise that we may have against you.
- We are entitled, for purposes of preventing suspected fraud and/or where it suspects that you are abusing the Website, to blacklist you on its database (including suspending or terminating your access to the Website), refuse to accept or process payment on any order, and/or to cancel any order concluded between you and us, in whole or in part, on notice to you. We shall only be liable to refund monies already paid by you (see our Refunds Policy in this regard), and accepts no other liability which may arise as a result of such blacklisting and/or refusal to process any order.
- At any time, you can choose to stop using the Website, with or without notice to Solar & Security Nerd.
- Governing law and jurisdiction
- This Website is governed by the laws of South Africa and these Terms and Conditions apply to users who are consumers for purposes of the CPA. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.
- APPLICATION OF THE NCA
- any provision of these Conditions which may be rendered unlawful by any applicable provisions of such Act shall be deemed to have been severed from these Conditions;
- these Conditions shall not exempt Solar & Security Nerd from any liability which may not lawfully be excluded in terms of such Act;
- these Conditions shall not be construed as depriving the customer of any right that the customer may have in terms of any applicable provisions of such Act which may not lawfully be excluded.
- You have a right to apply for credit, however we have a right to refuse to enter into this credit agreement on reasonable commercial grounds consistent with our customary risk management and underwriting practices;
- You have a right to be given reasons if credit is refused or if a lower credit limit is offered than what was applied for;
- You must record all details properly and failure to do so will not prejudice our right to recover any amount under this Agreement.
- any provision of these Conditions which may be rendered unlawful by any applicable provisions of such Act shall be deemed to have been severed from these Conditions;
- If any of the provisions of the National Credit Act are applicable in relation to any transactions between Solar & Security Nerd and the customer pursuant to these Conditions, then:
- Should the NCA apply to this Agreement, its application is limited in various respects. Your attention is drawn to the following general rights contained in the NCA for your protection which are briefly summarized as follows: –
- APPLICATION OF THE CPA
- Should the CPA be applicable to this Agreement, nothing in this Agreement is intended to or must be understood to unlawfully restrict, limit or avoid your rights or our obligations under sections 54, 55, and 56 of the CPA, which are admitted only to the minimum possible extent. Unless the contrary is stated elsewhere in this Agreement, you shall have no rights in respect of quality of service, safe & good quality goods or implied warranty of quality beyond those explicitly stated in the aforementioned sections.
- A transaction (as defined in the CPA) between us and you may or may not fall under the provisions of the CPA depending upon whether certain values applicable to you (“Threshold Values”) are below a certain value at the time the transaction is entered into.
- The Threshold Values are your asset value or annual turnover (or such other measurement as may be dictated by the CPA as amended from time to time), and the value against which they are measured is as determined by the Minister of Trade and Industry by publication in the Government Gazette from time to time.
- Our duties under a particular order may vary depending upon whether the transaction in question is subject to the CPA, and we will act upon the information you give to us in this regard. Consequently: (a) you warrant that any statement made to us in respect of your Threshold Values is accurate (b) If you claim that all the Threshold Values are below the relevant value, or otherwise that the CPA applies to the transaction in question, we may at our instance require you to provide us with financial statements as proof thereof. (c) If you misstate the Threshold Values in such a way that we consider for a period that the transaction is subject to the CPA when it is not, all provisions of this Agreement that do not apply to transactions subject to the CPA shall retroactively apply to the transaction in question, and you shall be liable for any damage we sustain resulting from such misstatement.
- This Agreement contains terms and conditions which appear in similar text style to this clause and which: (a) May limit our risk or liability or a third party; and/or (b) May create risk or liability for you; and/or (c) May compel you to indemnify us or a third party; and/or (d) Serves as an acknowledgement, by you, of a fact.
- Your attention is drawn to these terms and conditions because they are important and should be carefully noted.
- LEGAL CHARGES
- In the event of Solar & Security Nerd instructing its attorney to recover money or goods from the customer, the customer shall be liable for all costs incurred by us in the recovery of any monies here-under including collection charges, tracing agent’s fees and attorney and client costs, 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 any such judgment, as well as our reasonable administration charges incurred in attempting to collect the debt prior to handover to our attorney.
- Notices
- by hand will be deemed to have been received on the date of delivery;
- by prepaid registered post, will be deemed to have been received 10 days after the date of posting;
- by email will be deemed to have been on the date indicated in the “Read Receipt” notification. ALL EMAIL COMMUNICATIONS BETWEEN YOU AND US MUST MAKE USE OF THE “READ RECEIPT” FUNCTION to serve as proof that an email has been received.
- by hand will be deemed to have been received on the date of delivery;
- Solar & Security Nerd choose its domicilia citandi et executandi for all purposes of and in connection with this Agreement, whether in respect of court processes, notices, or other documents or communications of whatsoever nature, 768 6th Avenue, Wonderboom South, Pretoria, Gauteng. We may change this address from time to time by updating these Terms and Conditions.
- You hereby select the delivery address specified with your order as your legal address, but you may change it to any other physical address by giving us not less than 7 days’ notice in writing.
- Notices must be sent either by hand, prepaid registered post, telefax or email and must be in English. All notices sent -
- Information
- Full name: Solar & Security Nerd (PTY) LTD, a private company registered in South Africa with registration number 2014 / 168946 / 07
- Main business: business activities not restricted
- Physical address for receipt of legal service (also postal and street address): 768 – 6th Avenue, Wonderboom South, Pretoria.
- Phone number: +27 12 753 3010
- Official email address: info@nerd.africa
- Full name: Solar & Security Nerd (PTY) LTD, a private company registered in South Africa with registration number 2014 / 168946 / 07
- For the purposes of the Electronic Communications and Transactions Act, No. 25 of 2002, as amended from time to time (ECT Act), Solar & Security Nerd’s information is as follows, which should be read in conjunction with its product descriptions and other terms and conditions contained on the Website:
- General
- may limit the risk or liability of Solar & Security Nerd or a third party; and/or
- may create risk or liability for the user; and/or
- may compel the user to indemnify Solar & Security Nerd or a third party; and/or
- serves as an acknowledgement, by the user, of a fact.
- may limit the risk or liability of Solar & Security Nerd or a third party; and/or
- You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.
- Any failure on the part of you or Solar & Security Nerd to enforce any right in terms hereof shall not constitute a waiver of that right.
- If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
- No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.
- No indulgence, extension of time, relaxation or latitude which any party (the “grantor”) may show grant or allow to the other (the “grantee”) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.
- These Terms and Conditions contain the whole agreement between you and Solar & Security Nerd and no other warranty or undertaking is valid, unless contained in this document between the parties.
- These Terms and Conditions contain provisions that appear in similar text and style to this clause and which -
- Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.
- We try to answer all queries within 24 hours during business hours, but sometimes the load becomes too much and the time might increase to 48 hours. If you haven't heard from us within 48 hours you know we did not receive your query.
- SEVER-ABILITY OF PROVISIONS
- If a court finds that one or more rights or provisions in these Terms and Conditions is invalid, you agree that the remainder of the Terms and Conditions will be enforceable and that, to the extent permitted by law, the court will give effect to the intention behind the right or provision that has been declared invalid or unenforceable.
- UPDATING OF THESE TERMS AND CONDITIONS
- We reserve the right to change, modify, add to or remove from portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to this Website.
- It is the user’s obligation to periodically check these Terms and Conditions at the Website for changes or updates. The user’s continued use of this Website following the posting of changes or updates will be considered notice of the user’s acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.
- BATTERY USEAGE & CONDITIONS
All batteries must be used and installed to the manufacturers specifications. Batteries have many limiting factors whereby the user and/or installer need to adhere by. Exceeding battery limitations will reduce battery performance and shorten the lifespan thereof. At Solar & Security Nerd we recommend that the customer use a 24V battery with a 24V system, a 48v battery with a 48V system. Using 12V batteries in series to get to the desired system voltage will result in battery failure when the batteries are not balanced/equalized to the same voltage.
- Gel/Lead-Acid/AGM batteries do not have a BMS (Battery Management System), thus these batteries are not capable of limiting their discharge and charge rates, they also do not have the ability to balance/equalize. Gel/Lead-Acid/AGM batteries will be subject to a load test and crank test, should it pass this test it will be returned to the customer, without submitting them to the manufacturer for a warranty claim.
- All batteries will reduce in performance over time. Batteries may fail before the warranty date when they are used incorrectly. These batteries are not "power-stations" and loads must be reduced during load shedding and/or black-outs to correspond with the specified battery discharge allowable by the specific battery manufacturer.
- Should Load Shedding exceed Stage 2, it will alter the life span of your battery as the battery will not have sufficient time to fully charge before the next load shedding.