These Terms and Conditions (“Agreement”) govern the sale of solar power equipment (“Products”) and the associated services by Erinite Energy (Pty) Ltd and any of its affiliate companies (“Seller”) to customers (“Buyers”) through the Seller’s website (“Website”) or through the Seller’s sales representatives and processes. By placing an order on the Website or to the Seller directly, the Buyer agrees to be bound by this Agreement. 

Product Information and Descriptions: a. The Seller strives to provide accurate and up-to-date information about the Products on the Website. However, the Seller does not warrant the accuracy, completeness, or reliability of any Product description or information. b. The Product images on the Website are for illustrative purposes only. The actual Product may vary slightly in appearance. c. The Seller reserves the right to modify or discontinue any Product without prior notice. 

Ordering and Pricing: a. The Buyer may place an order for Products through the Website or directly to the Seller. The Seller reserves the right to accept or reject any order. b. All prices displayed on the Website are in the designated currency and are subject to change without notice. c. The price for the installation services may change depending on the distance between the customer’s premise and the major metropolitan areas of South Africa. d. The Buyer is responsible for any taxes, duties, or customs fees associated with the purchase of the Products. 

Payment: a. The Seller accepts payment through the payment methods specified on the Website or the Seller’s quotation. b. The Buyer agrees to provide accurate and complete payment information. c. Payment must be made in full at the time of placing the order or in accordance with the Seller’s payment terms on the Seller’s quotation. 

Shipping and Delivery: a. The Seller will make reasonable efforts to ensure timely delivery of the Products. b. Shipping costs and estimated delivery times will be provided during the checkout process or order processing phase. c. The Seller is not responsible for any delays or damages caused during shipping or delivery. The Buyer should inspect the Products upon receipt and report any issues to the Seller within a reasonable time. 

Returns for portable items only: a. The Seller offers a return policy. b. The Buyer must contact the Seller within one year from date of installation and commissioning to initiate a return for a product which has been deemed defective. The product will be deemed defective after thorough testing. c. The Products must be returned in their original condition, unused, and in their original packaging. d. The Seller reserves the right to refuse returns if the Products are not returned in accordance with this return clause. 

Warranty: a. The Seller provides a warranty for the Products as specified on the Website or in the product documentation. b. The warranty period starts from the date of delivery. c. The warranty does not cover damage caused by improper use, installation, or maintenance of the Products. d. Faulty products that are installed permanently, fixed installations, will be repaired in accordance with the warranty conditions of our suppliers. 2 

Limitation of Liability: a. To the extent permitted by law, the Seller shall not be liable for any direct, indirect, incidental, consequential, or special damages arising out of or in connection with the sale, use, or performance of the Products. b. The Seller’s liability shall be limited to the purchase price of the Products. 

Intellectual Property: a. The Buyer acknowledges that all intellectual property rights, including copyrights and trademarks, related to the Products and the Website belong to the Seller or its licensors or suppliers. b. The Buyer shall not reproduce, modify, or distribute any copyrighted materials without prior written consent from the Seller. 

Governing Law and Jurisdiction: This Agreement shall be governed by and construed in accordance with the laws of South Africa. Any disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of South Africa. 

Severability: If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect. 

By placing an order on the Website or directly on the Seller, the Buyer acknowledges that they have read, understood, and agreed to be bound by these Terms and Conditions.