Standard Terms and Conditions of Sale of Equipment, Vouchers and Services
- Unless otherwise expressly stated, or as the context requires, the words and expressions listed below shall, when used in these Terms and Conditions, including this introduction, bear the meanings ascribed to them:
- “Contract” means collectively the Terms and Conditions and the Contract document. Such Contract shall be effective as soon as the Contract document is duly signed by the Customer and the TMI Dynamatics official;
- “Customer” means the party to which TMI Dynamatics undertakes to provide the Equipment and Vouchers and/or Services on the Terms and Conditions contained herein;
- “Equipment” means the simulators, electrical goods and vehicles provided to the Customer by TMI Dynamatics in accordance with these Terms and Conditions;
- “Vouchers” means the user access licences to the Products;
- “TMI Dynamatics” means TMI Consultancy (PTY) LTD (trading as TMI Dynamatics), a company with limited liability incorporated under the laws of the Republic of South Africa and having a company registration number 2012/035638/07 and Value Added Tax number 4910214776, with the following domicilium:
U19 Enterprise Building,
Mark Shuttleworth Street
Attn: Mr Thivash Moodley
Fax: 086 527 7628
- “Service/s” means all learner and driver training and related services of whatsoever nature provided by TMI Dynamatics to the Customer in accordance with these Terms and Conditions;
- “Service Charges” means the fees charged by TMI Dynamatics to the Customer for the provisions of the Services; and
- “Terms and Conditions” means these standard Terms and Conditions and all appendices annexed hereto.
- GENERAL STANDARD TERMS AND CONDITIONS
- PURCHASE PRICE AND PAYMENT
- Notwithstanding any other provision in the Contract, if, prior to the commencement of the provision of the Services and/or the delivery of the Equipment and Vouchers there is any increase of whatever nature in the costs to TMI Dynamatics in providing the Services and or supplying the Equipment and Vouchers, TMI Dynamatics shall be entitled to increase the Charges to cover such increases.
- In the event of any increase, TMI Dynamatics shall give the Customer fifteen (15) days notice of such increase and, in that event, the Customer may, by giving notice in writing to TMI Dynamatics within seven (7) days of the dispatch of such notice by TMI Dynamatics, cancel or terminate its order for the Services rendered and/or the Equipment and Vouchers, insofar as TMI Dynamatics has not commenced with the Services and the Customer has not taken delivery of the Equipment and Vouchers.
- Unless the Customer has given written notice within seven (7) days as provided for in 2.1.2 above, the Customer shall be deemed to have accepted the increases referred to.
- Should the Charges reflected on the Contract Document be incorrect due to a clerical error, then TMI Dynamatics shall have the right to rectify such an error.
- TMI Dynamatics shall issue tax invoices to the Customer that reflect the Charges in respect of the Services rendered.
- The Customer acknowledges that the terms of payment in respect of its contracts with TMI Dynamatics require a deposit payment and the balance strictly as per the dates specified in the Contract and no later than 10 days from date due.
- Special prices shall not be used in conjunction with or in addition to any other promotion. All pricing subject to change. TMI Dynamatics reserves the right to make adjustments.
- No claims by the Customer will be recognised unless submitted in writing and received by TMI Dynamatics within seven (7) days of the completion of the Services. Failure to communicate any such claim will constitute an acknowledgment that the Services rendered are in all respects of a level and nature satisfactory to the Customer.
- By signing the Contract, the Customer warrants and acknowledges that:
- The Customer is aware of the risk of learning to drive on the road and will ensure the Customer takes every precaution to protect TMI Dynamatics’ personnel and Equipment;
- The Customer accepts the conditions of this agreement and voluntarily assumes the risk inherent in taking part in the learner driver training programme and will together with the Customer’s heirs, executors and administrators hereby release TMI Dynamatics, its employees, subcontractors and representatives, from any duty or care towards the Customer, in connection with the Customer’s participation in TMI Dynamatics Training programmes, and from liability from all or any claims that could accrue to the Customer or the Customer’s heirs, executors and administrators arising out of the Customer’s participation in this programme or in any related activities irrespective of whether such claim or claims arose through the negligence of any person, or from any of the risks, dangers or hazards inherent in Learner Driver Training, or of any loss of, or damage to, any property from any cause whatsoever and the Customer further indemnifies and holds harmless associated persons against any claims howsoever the same may arise.
- The customer shall be liable for all or any damage to TMI Dynamatics’ property caused by the customer whilst participating in the Learner Driver Training service. TMI Dynamatics shall at its own discretion decide whether or not to repair the damages through an insurance company. Should TMI Dynamatics decide not to claim from insurance, the customer shall be liable for the repair cost to TMI Dynamatics to ensure TMI Dynamatics’ property is returned to its original condition prior to the damage;
- Claims in respect of any loss, including loss of profits, loss of savings or any other actual or consequential damages of whatever nature, arising from the provisions of the Services, use of the Equipment or otherwise, shall not be a ground for withholding payment of any amount due to TMI Dynamatics and shall not give the Customer any right of set-off against any payment due to TMI Dynamatics.
- TMI Dynamatics shall have the right forthwith to terminate the Services and to claim from the Customer immediate payment of any monies owed by the Customer even if not then due for payment and/or to cancel this contract under any of the following circumstances:
- if the Customer fails to pay any amount due to TMI Dynamatics on due date;
- if the Customer fails to fulfil any of its obligations in terms of this Contract;
- DISCLAIMER AND LIABILITIES
- The Customer indemnifies TMI Dynamatics against any steps, including any fine or penalty, being taken against it or TMI Dynamatics by any third party, including any Government, quasi-Government, or regulatory authority, to prevent the use of any equipment, goods or otherwise as a direct or indirect result of TMI Dynamatics rendering the Services and/or providing the Equipment, owing to their failure to comply with any and all rules, regulations and laws applicable to them.
- TMI Dynamatics does not give any warranty to the Customer with respect to Services rendered and/or the condition and functionality of the Equipment in terms of this Contract, save as may be expressly provided for elsewhere herein or in any Contract Document that may refer to or incorporate this Contract by reference and all warranties not expressly so given are hereby excluded.
- LEGAL COSTS
In the event of an attorney being instructed to collect any overdue amounts owed by the Customer or to take legal proceedings for the recovery of any amounts or otherwise arising out of this Contract or the cancellation thereof, the Customer shall pay all attorney and own client costs and collection charges incurred by TMI Dynamatics.
- PROVISIONS SPECIFIC TO SERVICES
- NATURE OF THE SERVICES
The nature and extent of the Services provided by TMI Dynamatics to the Customer shall be set out in the Contract Document.
- Each Service shall be deemed to be a separate Contract in respect of each request for Services made by the Customer to TMI Dynamatics.
- Whilst every effort will be made by TMI Dynamatics to provide the Services in accordance with the Contract Document:
- any failure to timeously render or complete a Service, and any failure to obtain the objective of the provision of such Service shall not affect the validity of this Contract ; and
- TMI Dynamatics does not guarantee the timeous provision or completion of the Services on any specific date.
- TMI Dynamatics shall have the right to cancel this Contract should its fulfilment be rendered impossible, impeded or frustrated by strike, lock out, civil commotion, war, act of God, force majeure, operation of law or regulations or order made by any statutory or other duly constituted authorities; and TMI Dynamatics shall not be liable for any damages; and the Customer shall not be entitled to cancel any request for Services as a result of TMI Dynamatics’ inability to provide such Services timeously.
- If any amount due and payable by the Customer to TMI Dynamatics is in arrear, TMI Dynamatics shall have the right, until such amount has been paid, to suspend Services being rendered under this and/or any other contract then in force between TMI Dynamatics and the Customer.
- Lessons not postponed 48 hours prior to the lesson start time shall be cancelled and the cost of the lesson shall not be forfeited. Only in the event of emergency supported by proof, i.e. Death, medical certificate, etc. Postponing of the lesson requires 48 hours’ written notification to ensure the lesson is not forfeited.
- ENTIRE CONTRACT
- This Contract constitutes the entire contract between the parties hereto. No alterations, amendments or variations to this contract shall be regarded as valid and binding unless reduced to writing and signed by the parties hereto.
- No relaxation or indulgence shown by any party to the other shall be regarded as a waiver of that party's rights as contained in this contract.
If any provision in these Terms and Conditions is held by a competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions shall remain of force and effect.