TERMS AND CONDITIONS

YOUR ATTENTION IS DRAWN TO THESE TERMS AND CONDITIONS AS THEY ARE IMPORTANT AND SHOULD BE CAREFULLY NOTED. USE OF OUR SERVICES IS SUBJECT TO THESE TERMS AND CONDITIONS MADE AVAILABLE IN OUR STORES. BY CONTINUING TO MAKE USE OF OUR SERVICES YOU AGREE TO ACCEPT, WITHOUT MODIFICATION, LIMITATION OR QUALIFICATION THESE TERMS AND CONDITIONS. WE (EZY SWITCHGEAR) RESERVE THE RIGHT TO UPDATE THE TERMS AND CONDITIONS AT ANY TIME WITHOUT NOTICE.

EFFECTIVE ON: 11 MAY 2021

INTRODUCTION

  1. This service is owned and provided by EBA SERVICES (PTY) LTD T/A EZY SWITCHGEAR a Proprietary Limited (hereinafter referred to as the ‘EZY SWITCHGEAR) and can be accessed by contacting us at www.ezyswitchgear.co.za or visiting our stores.
  2. These Terms and Conditions apply to Clients who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).These Terms and Conditions contain provisions that appear in similar text and style to this clause and which:
    2.1. may limit the risk or liability of EZY SWITCHGEAR; and/or
    2.2. may create risk or liability for the Client; and/or
    2.3. may compel the Client to indemnify EZY SWITCHGEAR; and/or
    2.4. serves as an acknowledgement, by the Client, of a fact.
  3. These Terms and Conditions apply to users of our Products and Services as described herein. Our services are made available subject to these Terms and Conditions as set out below, including, but not limited to policies, notices as well as any documents that are referred to in clauses set out in these Terms and Conditions.
  4. By making use of our services you agree to be bound by, and to comply with, these Terms and Conditions and any further Terms and Conditions that EZY SWITCHGEAR may prescribe from time to time. These Terms and Conditions may be changed in the future without notice and your continued use of our services signifies your acceptance of the updated and/or modified Terms and Conditions.
  5. By contracting our services you acknowledge that you have read, and agree to be bound by these Terms and Conditions.
  6. By agreeing to the terms of these Terms and Conditions you represent that you reached the age of majority in your state or province of residence, alternatively, that being a major in your state or province of residence you hereby consent to allow your dependents to use our products and services.
  7. For purposes of convenience clauses contained herein that are deemed to be important (clauses that may limit our responsibility or involve risk for you) will be in bold and/or italics and/or highlighted, as such, special attention is required for such clauses.
  8. This service is offered to you under the provision that you agree to use this our services only in line with these Terms and Conditions and any applicable laws, rules and regulations.
  9. These Terms and Conditions form an agreement between you and EZY SWITCHGEAR, it is therefore your prerogative to ensure that you understand all provisions contained herein.
  10. In terms of section 11 of the Electronic Communications and Transactions Act 25 of 2002 (‘ECTA’) and the common law of contracts, these Terms and Conditions are valid, binding and enforceable against all persons that access our services either through our website or one of our stores.
  11. Disclosures in terms of section 43 of the Electronic Communications and Transactions Act:The full name and legal status of the proprietor of these services is:
    EBA SERVICES (PTY) LTD T/A EZY SWITCHGEAR
    Registration number: 2014/104756/07

    The full address of the proprietor of these services is:
    www.ezyswitchgear.co.za

    The full address of the proprietor of these services is:
    Telephone number: Tel: 060 533 1267
    Email address: Sales@ezyswitchgear.co.za

    Physical address for receipt of legal service:
    904 Caledon Street, Daspoort, Pretoria, Gauteng

    Main business:
    EZY SWITCHGEAR is a Company with special focus on complex SF6 Switchgear. Our vast experience and service minded staff enables us to be formidable in rendering site services and completing projects.Our refurbishment factory specializes in repairs and refurbishment of ABB, Schneider, Siemens and T Good secondary switchgear (or more commonly called Ring Mail Units) such as the SafeRing/SafePlus and Rm6.

  12. Termination: the Company has the right to suspend or terminate your access to and use of the services at any time, for any reason, without notice to you. All licenses granted hereunder may also be terminated by the Company at any time. If you breach any of these Terms and Conditions, the rights granted hereunder shall automatically terminate.

INTERPRETATIONS AND DEFINITIONS

  1. The following words shall, unless the context otherwise requires, have the meanings hereinafter assigned to them:
    1.1. words signifying the singular number shall include the plural and vice versa;
    1.2. words signifying the masculine shall include the feminine;
    1.3. any words defined in the Electronic Communications and Transactions Act 25 of 2005 not defined hereunder shall bear the same meaning in these Terms and Conditions in relation to matters referred to herein;
    1.4. a reference to any Act shall include any amendment thereto or Act in substitution therefore;
    1.5. each term, power or authority herein shall be given the widest possible interpretation;
    1.6. the headings to the sections in these Terms and Conditions are for reference purposes only and shall not be taken into account in the interpretation of the provisions in these Terms and Conditions.
  2. The following words expressions and abbreviations shall have the meaning hereinafter assigned to them:
    2.1. ‘Client’ means the user of the EZY SWITCHGEAR products and/ or services;
    2.2. ‘Compay’ means EBA SERVICES (PTY) LTD T/A EZY SWITCHGEAR
    2.3. Content’ means any material, in whatever form, including but not limited to any information, posts, photographic shots, 3D conversions of photographic shots, 3D tour, video recordings, adaptations, logos, buttons, icons, software, trademarks, texts, graphics, software, music, sound, audio, photographs, videos, data, database, Intellectual Property, Confidential Information used by EZY SWITCHGEAR in the course of its trade;
    2.4. ‘Copyright’ means the Intellectual Property contained in the content which shall vest in all the content contained on this website, such content irrespective of the form in which it is displayed or presented remains the property EZY SWITCHGEAR;
    2.5. ‘Intellectual Property’ means any and all information, content, Copyright, graphics or otherwise contained in this website, irrespective of whatever form it takes;
    2.6. ‘territory’ means the whole world;
    2.7. ‘Terms and Conditions’ means this agreement between the user of EZY SWITCHGEAR’s services or visitors of our stores and the proprietor of the services provided;
    2.8. ‘Third Party Websites’ means any other website not belonging to EZY SWITCHGEAR;
    2.9. ‘Party’ singularly refers to a Client of EZY SWITCH GEAR; ‘Parties’ collectively refers to a user of the services and the proprietor of EZY SWITCHGEAR;
    2.10. ‘Privacy Policy’ means the manner in which the EZY SWITCHGEAR will administer the information acquired as a result of the use of its product and services;
    2.11. ‘Product’ means the products sold by EZY SWITCHGEAR as defined herein;
    2.12. ‘service’ means the service provided by EZY SWITCHGEAR as defined herein;
    2.13. ‘user’ means any person visiting our stores or using our website, also referred to as ‘you’ as the context may require;
    2.14. ‘website’ means the EZY SWITCHGEAR website, owned and operated by EZY SWITCHGEAR which can be accessed on www.ezyswitchgear.co.za; and
    2.15. ‘written notice’ means any notice sent to EZY SWITCHGEAR by a user of its services, addressed to EZY SWITCHGEAR through the details noted in paragraph 1.11 supra.

USE OF OUR SERVICES

  1. The purpose for which these Terms and Conditions is to provide information with regards to the services we provide, namely the repairs and refurbishment of ABB, Schneider, Siemens and T Good secondary switchgear (or more commonly called Ring Mail Units) such as the SafeRing/SafePlus and Rm6.
  2. The Client’s access to and use of our services is solely at the Client’s own risk.
  3. Our website may contain links to other websites. The fact that we link to a website is not an endorsement, authorization or representation of our affiliation with that third party. We do not exercise control over third party websites. These other websites may place their own cookies or other files on your computer, collect data or solicit personally identifiable information from you. Other sites follow different rules regarding the use or disclosure of the personally identifiable information you submit to them. We encourage you to read the privacy policies or statements of the other websites you visit.
  4. We reserve the right to claim damages from and/or institute criminal proceedings against a Client for misuse or infringement of any content belonging to EZY SWITCHGEAR.
  5. Use of our products and services does not confer any rights, licenses and/or permissions on the Client unless expressly set out in these Terms and Conditions.
  6. The Client hereby agrees not to use our products and services for any purpose that is unlawful, improper or prohibited by these Terms and Conditions or laws of the Republic of South Africa.
  7. A breach or violation of any of the terms of these Terms and Conditions will result in the immediate termination of the services being provided or to be provided to the Client.
  8. We reserve the right to refuse to provide our products and services to any persons, at any time or occasion which we may deem necessary.
  9. EZY SWITCHGEAR expressly reserves the right, in its sole and absolute discretion, to alter and/or amend any criteria or information set out in its Terms and Conditions and other policies without prior notice.
  10. Nothing in these Terms and Conditions shall be construed as an offer by EZY SWITCHGEAR to you, the Client, but merely an invitation to do business.

SERVICES, PRODUCT WARRANTY AND REPAIR POLICY

  1. Certain products and services and other services incidental thereto may be made available exclusively by EZY SWITCHGEAR, which may change from time to time.
  2. The Client acknowledges that the Service Providers’ Terms and Conditions of service shall govern the use of such platform or component as between EZY SWITCHGEAR and such Service Provider. The Parties further record and agree that EZY SWITCHGEAR shall, at any time during the term of this Agreement, be entitled to appoint and/or terminate the services of such Service Providers provided that such appointment and/or termination of Service Providers shall not be materially detrimental to EZY SWITCHGEAR’s performance of its obligations and/or compromise the service levels agreed to in terms of this Agreement.
  3. EZY SWITCHGEAR hereby agrees to ensure that the standard of the Products and Services it shall provide to the Client in terms of this Agreement shall be in accordance with relevant industry standards.

PRODUCT WARRANTY

  1. EZY SWITCHGEAR guarantees its equipment and completed projects against defects in materials and workmanship for a period of 12 (twelve) months from the date of delivery, all our equipment and completed projects undergo comprehensive testing and the report is signed off by a professional engineer. This Warranty however excludes flashes cause by cable terminations, cable boots, rodents, improper installation, cable terminations not properly secured by cable glands which exerts force on the bushings, over torquing the cable bolts on the bushing, any changes to the product including but not limited to any changes to mechanisms, opening closing and auxiliary coils additions or replacements.

RETURNS AND REPAIRS POLICY

  1. Purchases may be returned to EZY SWITCHGEAR’s workshop subject to submission of the original receipt, and that the product is in its original condition. In line with the CPA a handling fee of up to 15% of the value of the product may be charged when the product/packaging is not returned in its original purchase condition. Products will be inspected by a one of our professional staff only once approved by EZY SWITCHGEAR will the warranty for repairs or replacement apply.
  2. The Client is to ensure that the goods are properly packaged as not to sustain damages whilst in transit. Any abuse, tampering, incorrect installations, mismatching and damage due to natural disasters will not be covered under the above warranties.
  3. The Client will be entitled to one of the following options of as per the CPA, on election of EZY SWITCHGEAR (after goods have been inspected and assessed):
    3.1. Have such product repaired; or
    3.2. Have the product replaced; or
    3.3. Be refunded the price paid which shall be the maximum value of any claim whatsoever which the Client may have against EZY SWITCHGEAR;
    3.4. In the event that the product is found to be not faulty, the Client will be liable for all handling and shipping charges; for the collection and the re-delivery of the product to the Client. Furthermore, the Client will be liable if the goods are damaged or faulty as a result of misuse, abuse or negligence.

ACCURACY, COMPLETENESS AND TIMELINES OF INFORMATION

  1. We are not responsible if information made available on product labels and further third party source is not accurate, complete or current. The content and/or material on this provided in this process is for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information.
  2. Any reliance on the content and/or material on accessed in our stores or on our website is solely at the Client’s risk.
  3. Products and services may be accompanied by certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents about our products and services at any time. Notwithstanding the aforementioned, we are not under any obligation to update any information about our products and services.
  1. When a Client accesses our website or visits our stores and completes a contact form to request information or a quotation, or when the Client sends an email to us, and the Client does not explicitly request a non-electronic communication medium; the Client consents to receiving communications from us electronically and agrees that all agreements, notices, disclosures and other communications sent by us satisfy any legal requirements, including, but not limited to the requirement that such communications should be ‘in writing’.
  2. The Client acknowledges and accepts that the action to click on specified buttons on certain web forms on the website may constitute an expression of consent, agreement or other statement, as the case may be.
  1. No agreement shall be concluded merely by sending a data message to our email addresses. Valid agreements require an offer, acknowledgment of an offer and acceptance thereof from EZY SWITCHGEAR.
  2. No email message shall be deemed to have been received by EZY SWITCHGEAR until a response has been issued from EZY SWITCHGEAR. An automated response from EZY SWITCHGEAR shall not satisfy this requirement.

ELECTRONIC COMMUNICATIONS

AGREEMENTS IN TERMS OF SECTION 21 OF ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT

PERSONAL INFORMATION

  1. A Client’s submission of personal information to us is governed by our Privacy Policy which can be accessed at our offices.

DIRECT MARKETING

  1. Our Products and Services may be accompanied by advertisements for related services products and goods, which each Client shall have access to as a result of contacting us. Furthermore, Clients who have provided their personal information in view of receiving a service from EZY SWITCHGEAR, as such, expressly acknowledge and give consent in terms of Section 69(3) of the Protection of Personal Information Act 4 of 2013 to the Direct Marketing of similar products or services offered by EZY SWITCHGEAR.

COPYRIGHT

  1. Copyright © EZY SWITCHGEAR, 904 Caledon Street, Daspoort, Pretoria, Gauteng. All rights not expressly granted remain reserved.
  2. Copyright shall vest in all the content contained on the website, and accessed in our stores irrespective of the form in which it is displayed or presented. We retain its entire right, title and interest in and to the content.
  3. Notwithstanding any other provisions in these Terms and Conditions, the rights as it relates to the content related to our products and services remains reserved.
  4. Your attention is hereby drawn to the fact that Copyright Infringement is a criminal offence.
  1. All content included, including but not limited to the any information, posts, designs, logos, buttons, icons, software, Trade Marks, texts, graphics, software, music, sound, audio, photographs, videos, data, database, Intellectual Property, Confidential Information belonging to EZY SWITCHGEAR are protected by South African and International Intellectual Property Treaties.
  2. Any compilation, meaning; the collection, arrangement and assembly, of all content related to our products and services is the property of EZY SWITCHGEAR either as Proprietor or Licensee and is protected by South African and International Copyright and Intellectual Property laws.
  3. The Client will not, other than for his or her personal and non-commercial use, store on his or her computer, or any other device, print copies of extracts from our website, mirror or cache information provided on the website, on his or her own server, computer, mobile, device or any other storage facility of whatsoever nature; or copy, adapt modify or re-use the text or graphics from this website, without the prior written permission of us.
  4. Notwithstanding any other provisions in these Terms and Conditions, the Intellectual Property rights in so far as it relates to the content belonging to EZY SWITCHGEAR remain reserved.
  1. a parent or guardian becomes aware that his or her child has provided us with Personal Information without his/her consent, he or she should contact us at Sales@ezyswitchgear.co.za.
  2. We do not knowingly collect Personal Information from children under 18. If we become aware that a child under 18 has provided us with Personal Information, we will delete such information from our files.
  3. If you are under the age of 18, please do not submit any Personal Information to us. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce our Privacy Policy by instructing their children never to provide Personal Information via for the use of our products and services without their permission.
  1. In the event that, the Client commits a breach of these Terms and Conditions, the Party will request the other Party who committed the breach, by way of a written notice, to rectify the breach within a period of 7 (seven) days.
  2. If the Party in breach fails to rectify the breach within the time frame stipulated supra, the other party may terminate these Terms and Conditions, which constitutes an agreement, immediately.
  3. Nothing in these Terms and Conditions shall be interpreted to preclude any Party from instituting legal proceedings against the other Party who is in breach.
  4. The termination of these Terms and Conditions, for whatever reason, will not affect the rights of either the Client or the Company, which:
    4.1. May have accrued before the termination of these Terms and Conditions; and
    4.2. Specifically, or by their nature survives the termination of these Terms and Conditions.
  1. In the event of a dispute between the Client and any third party, we will not be involved in such dispute, unless we deem it necessary to protect its rights and interests.
  2. In the event of dispute between the Client and the Company, the Client must address the Company, in writing, and forward same to Sales@ezyswitchgear.co.za. The administrator will contact the party involved in an attempt to resolve the matter.

INTELLECTUAL PROPERTY RIGHTS

OUR POLICY TOWARDS CHILDREN

BREACH

DISPUTES

PRIVACY POLICY

  1. The provisions in these Terms and Conditions are in conjunction with the provisions as contained in the Privacy Policy, which can be found below.
  2. The Client undertakes to provide accurate and current information, and not to impersonate or misrepresent any person or entity.
  3. We agree not to use, without a Client’s express consent, a Client’s personal information for any purpose other than it was disclosed.
  4. Although we take every precaution to protect the private information of Clients, and attempts to ensure that all of employees, third party service providers or partners who may have access to such personal information adhere to the same standard of privacy, we take no responsibility for the breach, loss or misuse of such private information when in possession of such parties.
  5. We agree to return or destroy any and all personal information of a Consumer in its possession or control, on written request of such Consumer.
  6. We undertake not to retain any personal information for a period which may exceed the period for which such information was originally provided, unless it is required by law to do so.
  7. We undertake never to sell or make available the personal information of a Client to any third party other than as provided for in these Terms and Conditions, unless where required to do so by law.
  8. We shall not be liable for any loss or damage arising as a result of any disclosure of personal information to third parties by a Client directly.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

  1. Subject to the provisions of sections 43(5) and 43(6) of the Electronic Communications and Transactions Act, we shall not be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this website or the services provided from and through the website and in our stores. Furthermore, we make no representations or warranties, implied or otherwise, that, amongst others, the content available in our stores and on our website are free from errors or omissions or that the service will be uninterrupted and error free.
  2. We are not liable for any loss or damage the Client may suffer if a factor beyond its control arises and the Client cannot access our products and or services.
  3. In no case shall we, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the services or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
  4. No information or data provided to the Client shall constitute an offer to do business, but merely an invitation to consider the service provided by EZY SWITCHGEAR.
  1. Any failure or delay by us to exercise or enforce any right or provision will in no way constitute a waiver of such right or provision.
  2. In the event that any Term and Condition detailed herein is found unenforceable or invalid for any reason, such separate term(s) or condition(s) will be severable from the remaining Terms and Conditions. The remaining Terms and Conditions will remain enforceable and applicable.
  1. We expressly reserves the right, in its sole and absolute discretion, to do any of the following, at any time without prior notice:
    1.1. Change these Terms and Conditions. The Client can review the most current version of these Terms and Conditions at any time by accessing the ‘Terms and Conditions in one of our stores.
    1.2. Change the content and/or services we provide.
  1. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
  2. These Terms and Conditions are effective unless and until terminated by either you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our services.
  3. If in our sole judgement you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions, we also may terminate this agreement at any time without notice.
  4. Termination of this Agreement or any other agreements of EZY SWITCHGEAR, shall not be permitted on the basis of “Time is of the Essence” clauses.
  5. Any cancellations will be subject to a cancellation fee of 30% of the total order price, EZY SWITCHGEAR reserves the right to determine the extent and applicability of the cancellation fee upon submission of orders by the Client.
  1. These Terms and Conditions will be governed by and construed in accordance with the laws in force in the Republic of South Africa.
  2. Nothing in these Terms and Conditions limits either Parties right to approach a competent Court, tribunal or forum of competent jurisdiction in respect of any dispute arising in connection with this agreement and which cannot be settled on the basis described in these Terms and Conditions.
  1. Our Terms and Conditions have functionally worldwide, notwithstanding the aforementioned, we at no time make any representation, whether directly or indirectly, expressly or tacitly that any information we provide is appropriate for use outside of the Republic of South Africa. Any access to information which we provide, in any international regions where said access is illegal, is strictly prohibited.
  1. We will not be liable for costs incurred by Clients to obtain professional advice relating to these Terms and Conditions.

WAIVER AND SEVERABILITY

CHANGES AND AMENDMENTS

TERMINATION

GOVERNING LAW AND JURISDICTION

INTERNATIONAL USE

LEGAL COSTS

ENTIRE AGREEMENT

  1. These Terms and Conditions constitute the entire agreement between the Company and the Client in relation to your use of the use of our products and services, and supersede all prior agreements and understandings.

COPYRIGHT © EZY SWITCHGEAR 904 CALEDON STREET, DASPOORT, PERTORIA, GAUTENG. ALL RIGHTS NOT EXPRESSLY GRANTED REMAIN RESERVED

LAST UPDATED: 11 MAY 2021

REFURBISHMENT