TERMS & CONDITIONS

 

The contents of this site are provided “as is” without warranty of any kind unless specified in writing in the form of an official quote or proposal. The owner of this site and anybody associated to this site in any way, from now on collectively called “Sellers”, assume no responsibility for errors or omissions in these contents. The Sellers further do not warrant, guarantee or make any representation regarding the safety, reliability, accuracy, correctness or completeness of these contents. The Sellers shall not be liable for any direct, indirect, general, special, incidental or consequential damages (including -without limitation – data loss, lost revenues and lost profit) which may result from the inability to use or the correct or incorrect use, abuse, or misuse of these contents, even if the Sellers have been informed of the possibilities of such damages. The Sellers cannot assume any obligation or responsibility. The use of these contents is forbidden in those places where the law does not allow this disclaimer to take full effect.

The Ukumbagold.co.za website may not be reproduced, duplicated, or exploited for any commercial purpose without written consent.


OUR RIGHTS

We reserve the right to:

Modify or withdraw, temporarily or permanently, the Website (or any part of) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or

Change these Conditions from time to time and your continued use of the Website, (or any part of) following such change, shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions, then you must immediately stop using the Website.

We will use our reasonable endeavours to maintain the Website. The Website is subject to change from time to time. You will not be eligible for any compensation because you cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website due to circumstances beyond our control.

All prices are subject to change without notice. All prices are subject to exchange rate fluctuation.

We offer products for sale, subject to them being in stock with our suppliers at the time of purchase. Being an online shop, we do not physically carry any stock. Feel free to confirm stock with us prior to making a purchase. If you do make a purchase and the item is not in stock, we reserve the right to cancel the order and refund you in full.

Errors and Omissions Expected. (E&OE)


PRIVACY POLICY & USE OF YOUR E-MAIL FOR OUR MARKETING MAILING LIST

The Ukumbagold.co.za Site may collect certain information about your visit, such as the name of the Internet Service Provider and the Internet Protocol (IP) address through which you access the Internet; the date and time you access the Site; the pages that you access while at the Site and the Internet address of the Website from which you linked directly to our site. This information is used to help improve the Site, analyse trends, and administer the Site.

By registering on ukumbagold.co.za/shop, you agree to be automatically subscribed to our marketing mailing list permitting us to send you newsletters and information about our website, events, promotions, etc. You will have the opportunity to UNSUBSCRIBE at any time, by clicking on the unsubscribe link contained within any of our communications.

Ukumbagold.co.za/shop will not sell, share, or rent your email address or any other personal information collected on this site. We will take all measurable steps to ensure that your details remain confidential at all times.

If you have any questions or concerns about our privacy policy or use of your e-mail for our marketing mailing list, please send us an E-mail. By using this website, you signify your acceptance of our Privacy Policy and use of your E-mail for our marketing mailing list.

PRODUCT AVAILABILITY AND DELIVERY POLICY

All products advertised on the Ukumba Gold Online Shop are guaranteed to be genuine and new. We source all products through the official South African distributors or manufacture ourselves.

Ukumbagold.co.za/shop is an online shop and does not physically hold stock of all the products listed. In most instances, the products are shipped directly from our South African suppliers. We are therefore unable to guarantee the availability of stock. We recommend contacting us to confirm the availability of stock prior to placing an order. We will only be liable for the delivery of products when the products are available. When products are no longer available after the conclusion of a sale, we will notify you and you will be entitled to either selected another product or choose to receive a refund in full.

DELIVERY CHARGES

The price of products advertised on the Ukumbagold.co.za Online Shop exclude delivery charges which are additional unless stated otherwise. Delivery charges will be presented to you during the checkout process and are applicable to deliveries to major centres. Deliveries to outlying areas, plots, hospitals, universities, shopping centres and other non-residential type properties may incur additional delivery charges. Delivery charges are therefore subject to change, and we reserve the right to requote you on delivery. Should the delivery costs change, we will inform you and you will have the choice to either pay the difference or cancel your order, in which case we will refund you in full.


UNDELIVERABLE PACKAGES

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.


ORDER PROCESSING

Order processing will not begin until we receive a confirmed order and full payment reflects in our bank account.

WARRANTY, RETURNS AND REFUNDS POLICY

All products are warranted to be new and free of defects at the time of shipping. All products are subject to the manufacturer’s terms and warranties.

In the unlikely event that a product should become faulty during the warranty period, the product may be returned in order to effect repair or replacement. If reporting the fault to us within 7 days of having received the product then we will cover the cost to have the faulty product collected and returned to you. If the fault occurs after 7 days of having received the product, then the costs to return the product and send it back to you will be for your account.

Prior to returning faulty products, you agree to contact us first so that we can provide you with the necessary details to effect the return.

The manufacturer or its official distributing agent will, at their sole discretion, determine if the repair or replacement can be honoured under the terms of the warranty. Their decision is final and no correspondence will be entered into.

Unwanted goods may be returned for a refund within 7 days from having received your order on the condition that all returned goods are returned unopened in their original packaging, along with all the original contents. All unwanted goods are subject to a 15% restocking fee. Delivery fees will not be refunded and the cost of returning the goods will be for your account.


Items with a manufacturing lead time


All orders placed with Ukumba Prospecting Equipment Pty Ltd for manufactured items are subject to acceptance by the Company. A non-refundable deposit, as specified in the quote/invoice, is required upon placing an order. This deposit secures the manufacturing process and materials for the order. Manufacturing will only start once payment is received and reflects in Ukumba Prospecting Equipment Pty Ltd's bank account.


Lead Times


Items that are specifically ordered and require a manufacturing lead time are non-cancellable and non-returnable. The lead time will be communicated to the customer at the time of order placement. If a customer wishes to cancel an order for items that are not subject to a manufacturing lead time, a cancellation request must be submitted in writing to the Company. Deposits paid for orders are non-refundable in the event of order cancellation. The Company provides a limited warranty for manufactured items against defects in materials and workmanship. The terms of the warranty are outlined in a separate warranty document and will be provided to the customer upon request.

PRICING AND PRODUCT INFORMATION

Ukumba Prospecting Equipment (PTY) LTD is VAT registered and all advertised prices include VAT.

While we strive to provide accurate product and pricing information, unintentional pricing or typographical errors may occur. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information (including, without limitation, images, information related to text, pricing, availability, product descriptions and package contents) at any time without notice (including after you submitted your order and confirmation was received). In the event that an item is listed at an incorrect price or with incorrect information, Ukumbagold.co.za/shop shall have the right, in its sole discretion, to refuse and cancel any orders. Cancelled orders already paid for will be refunded to you in full.

PAYMENT OPTIONS

Payment can be made by Electronic / Internet Banking Transfer (EFT), Credit Card, PayFast instant EFT. Sorry, no cheques. If selecting EFT as your payment option during checkout, our banking details will be e-mailed to you upon completion of the checkout process.

We request that you confirm stock availability prior to making payment.


EFT (ELECTRONIC FUND TRANSFER)

One of the most widely used ways of sending money online. Once you have added enough items to your shopping cart, proceed to Checkout and confirm your order. You will receive an e-mail confirmation of your order where Ukumbagold.co.za bank account details for payment will be provided. Your order will only be shipped once the funds reflect in our bank account as detailed below.

General Terms

The Buyer hereby holds Ukumba Prospecting Equipment harmless against any and all damage of any kind, caused by any means, relating to the relocation of goods, excluding instances of gross negligence on the part of Ukumba Prospecting Equipment. This includes the removal of repossessed items from the Buyer's premises or any other location where the goods are situated.


The Buyer shall not have any claims for damages, reduction of the purchase price, cancellation, or any other claims against Ukumba Prospecting Equipment, its employees, representatives, or other parties on whose behalf Ukumba Prospecting Equipment would be liable. This pertains to losses or damages suffered by the Buyer, any damages to the Buyer's assets or assets held on its premises by third parties, or damages incurred in relation to the Buyer's business. This includes damages caused by negligent acts or omissions (excluding gross negligence) by Ukumba Prospecting Equipment, its employees, representatives, or others for whom it would be legally liable. (The General Terms and Conditions established between Ukumba Prospecting Equipment and the buyer, as described in this clause, are for the benefit of Ukumba Prospecting Equipment's employees, representatives, or any other parties for whom Ukumba Prospecting Equipment is legally responsible.)


These General Terms and Conditions constitute the exclusive documentation of the terms agreed upon between the Parties regarding the subject matter herein. No Party shall be bound by any explicit or implicit terms, representations, warranties, promises, or similar matters not documented here. These General Terms and Conditions replace and supersede all prior commitments, agreements, or representations, whether oral or written, between the Parties concerning the subject matter herein. These General Terms and Conditions also replace and supersede all previous oral and written General Terms and Conditions between the parties.


No additions, modifications, mutual cancellations, or substitutions to these General Terms and Conditions, and no waiver of any rights arising from these General Terms and Conditions or from their violation or termination, shall be valid unless reduced to writing and signed by both Parties or their duly authorized representatives.


Should any provision or term of these General Terms and Conditions be deemed invalid, unenforceable, or illegal, such provision or term shall be separable, and the remaining provisions and terms of these General Terms and Conditions shall remain valid and effective, unless the invalidity, unenforceability, or illegality fundamentally affects these General Terms and Conditions.

No leeway, extension of time, or other leniency granted by one Party to the other Party for the performance of any obligation under these General Terms and Conditions, or for enforcing any rights derived from these General Terms and Conditions, shall be construed under any circumstances as implied consent by the granting Party. It shall not serve as a waiver or alteration of any of the granting Party's rights as outlined in or derived from these General Terms and Conditions, nor shall it prevent the granting Party from enforcing strict and punctual compliance with every provision and term herein, or prejudice the granting Party's rights against the other Party as stipulated in or derived from these General Terms and Conditions.

The Buyer shall refrain from actively recruiting Ukumba Prospecting Equipment's representatives to work for the Buyer or any of its entities, in any capacity, for a duration of 3 (three) years.

FORCE MAJEURE:

Subject to the subsequent clauses of this section, neither Party shall be held accountable to the other Party for the failure or delay in fulfilling any obligations under these General Terms and Conditions when such failure or delay is due to force majeure.

For the purpose of these General Terms and Conditions, force majeure refers to any circumstance beyond the reasonable control of the Party declaring force majeure (the "affected Party"). This includes but is not limited to war (declared or not), revolution, invasion, insurrection, riot, civil disturbance, mob action, sabotage, blockade, embargo, boycott, exercise of military or usurped authority, fire, explosion, theft, storm, flood, drought, adverse weather conditions, epidemic, quarantine, accidents, machinery or facility breakdown, strike, lockout, labor dispute, acts or orders of government, impositions, import or export restrictions or embargoes.

In case of force majeure, the affected Party shall promptly inform the other Party, and within 7 (seven) calendar days of such notice, the Parties shall engage in good-faith negotiations to identify alternative methods for fulfilling obligations under any order affected by force majeure. Additionally, Ukumba Prospecting Equipment shall continue providing, and the Buyer shall continue paying for, Goods and Services not impacted by the force majeure event.

Should either Party be incapable of fulfilling a substantial portion of its obligations under an order for more than 60 (sixty) calendar days due to force majeure circumstances, the other Party reserves the right, at its sole discretion, to promptly cancel the relevant order by providing written notice.

JURISDICTION AND APPLICABLE LAW:

These General Terms and Conditions are subject to and interpreted in accordance with the laws of the Republic of South Africa. Insofar as applicable, the Parties consent to the non-exclusive jurisdiction of the High Court of South Africa (South Gauteng) or any successor division thereof.

NOTICES AND CONTACT INFORMATION:

For all purposes outlined in these General Terms and Conditions, whether regarding legal processes, notices, or other documents or communications of any kind (including the exercise of any option), the Parties choose the following contact information as their domicile for service:


Ukumba Prospecting Equipment:

Physical Address: 54 Golden Drive, Morehill, Benoni, 1501. Email: sales@ukumbagold.co.za Phone: +27 78 159 8191


Buyer's Physical Address: As set out in the Pro forma Invoice/Invoice Email: As set out in the Pro forma Invoice/Invoice Phone: As set out in the Pro forma Invoice/Invoice

Any notice or communication required or permitted under these General Terms and Conditions is valid and effective only if in written form. Either Party has the right to change its chosen domicile for service by notifying the other Party in writing. Such changes become effective 7 (seven) business days from the deemed receipt of the notice by the other Party.