TERMS AND CONDITIONS
I, the customer, agree:
Rental: I agree to rent the products described above (the “Products") in accordance with these terms and conditions. I agree to pay the deposit and the monthly rental amounts in the amounts provided herein and in the quantities and terms provided in this Agreement. Should I not qualify for a rental payment plan, I understand that I can opt to pay the full amount in cash or make use of the Lay-by option available to me. Should I pay the full amount, I shall take ownership of the Products upon payment. The Lay-by option shall be subject to Clause 13 below.
Credit Report Authorisation: I hereby acknowledge and expressly accept that the Company, through its authorised officers, can conduct investigations on my credit history, access and assess my credit records and propensity to pay as well as on any other information of a similar nature that the Company deems appropriate. I consent to Company accessing relevant databases for the purposes of assessing this and to the Company providing information to such databases on my propensity to pay monies due to the Company. I understand the nature and scope of the information that shall be requested, the use of such information and that the Company can make periodic inquiries of my credit history, agreeing that this authorization is valid for a period of two years from the date of issue and in any case during the time that the parties maintain a legal relationship.
Deposit: I agree to pay the deposit or the full cash price indicated before the Product is activated.
Make Periodic Rental Payments: I agree to pay the scheduled periodic rental amounts as per the payment plan noted above. I agree to my Products being locked should I fail to make any due rental payments. I will assume possession of the product upon payment of the Deposit, but ownership is reserved to the Company. The sum of the deposit plus all the monthly rental amounts payable hereunder shall be referred the “Full Payment”.
Ownership: Notwithstanding any other provision of this agreement, the parties agree that the Company is the owner of the Product(s) and it shall remain the owner of the Product(s) for the duration of this agreement. I agree not to sell, let, loan, pledge or transfer the Product(s) under any circumstances.
Make Payments on Time: To keep and maintain the required monthly rental payments in respect of my account, until the Full Payment has been paid. This is NOT a product where you only pay when you use it. I acknowledge that I shall be in default under this agreement if I: (i) fail to pay the initial deposit; (ii) fail to make full payment of any required monthly rental amount by its due date; (iii) attempt to modify or allow others to modify the Products; or (iv) breach any other provision, obligation or statement mentioned herein. In case of any default, I acknowledge and agree that the Products and use and access thereto shall be locked, with the inherent consequences that this involves, such as the impossibility of partial or total use of the Products during the time and for so long as any default whatsoever continues. I further agree that if I fail to remedy my payment default immediately upon notification from the Company, THEN, the Company shall have the right to remove the Products from my possession and further claim damages from me including, as liquidated damages, payment of the Full Payment, which amount shall be immediately due and payable.
Use the Product as Instructed: To use the Product and its functions in accordance with the User Instructions provided to you, the Customer, and not to tamper or open the Product in any way or abuse the performance of the panel and USB ports or I understand I will forfeit the Warranty, and be in breach of this Agreement. I agree to keep the Products in good condition at all times.
Anti-Money Laundering: I confirm that the source of the funds used to perform my obligations hereunder shall at all times be legal. I shall at all times comply and with any and all anti-money laundering and/or applicable anti-corruption or bribery legislation or regulations.
Cancellation Rights: At any time during the term of this agreement, I understand that I may terminate this agreement by providing 30 days’ written notice to the Company, in which case, I agree and undertake to return all the Products to the Company in good condition (working with the accessories previously delivered) PROVIDED THAT, should I wish to return the Products if I no longer want them then I will forfeit all and any payments made at that point, in toto, and the Product itself. The intellectual property rights over the Product(s) and further the right to reactivate the Product for billing additional products with you, the customer, is reserved by the Company.
Risks: I assume the risk of: (i) the partial or total loss or deterioration of any Products, even in case of force majeure; (ii) in general, all risks, losses, theft, impairment, destruction or damages of the Product(s) for any reason whatsoever, whether partial or total; (iii) any events that occur whilst I am in arrears with any payment due. Should any of the above events arise, I shall not be released from the payment obligations hereunder and under other instruments derived herefrom, and shall be required to perform said obligations in the agreed manner, specifically, those relating to the full payment of the stated rent. In addition, I shall be liable to compensate the Company for the loss of or damage to the Product(s).
Term: The term of this Agreement shall continue so long as all the obligations set forth herein have been fulfilled.
Share Contact Information: The Company can contact me or my alternate contacts regarding my account. I agree the Company can use my payment data to evaluate my payment performance and/or report me to a Credit Bureau if I, the customer, default on any payment. I also agree that the Company can provide my detail to the logistics provider used to pack and deliver my product to ensure a successful delivery.
Lay-By: If I do not qualify for the rental agreement following the vetting process, I may opt to enter into a Lay-by arrangement with the Company. This Lay-by shall be subject to the following conditions: All the terms described herein shall apply mutatis mutandis to the Lay-by options unless in direct conflict with this clause 13. In which case, Clause 13 shall be applicable. You must pay the deposit and the monthly ‘rental’ amounts as set out above timeously and without delay. You understand and agree that you will not become the owner nor will you be placed in possession of the Products until you have paid the Full Payment. Once paid, you shall be permitted to take possession of the Products. We reserve the right to terminate the Lay-by should you fail to make any payment. You may also terminate the Lay-by by written notice to the Company any time prior to the final payment. In the event of termination of the Lay-by for any reason whatsoever, the Company shall, within a reasonable period, refund you all monies paid by you in terms of clause 13 prior to the date of such termination. The Company may exclude certain Products and promotions from the Lay-by option.
The Company agrees:
Activate the Product: To ensure the Product is activated once the deposit is received and whenever the customer makes an ongoing rental payment, keeping the account up to date.
Privacy: That in compliance with the provisions of the Protection of Personal Information Act, the Company hereby informs you that all its data obtained hereunder (the “Data”) shall be treated confidentially and shall be duly protected through the systems provided therefore and shall only be used in accordance with the Company privacy policy (“Privacy Policy”) which is accessible at https://www.kweizar.energy/privacy.The Company shall ensure that it takes the necessary actions so that the persons who have access to your personal data comply with the Privacy Policy, and the principles of personal data protection provided under law.
End Options: The parties agree that at the end of the Term of this agreement, provided the customer is up to date with all his/her/its obligations to the Company, he/she/it may choose one of the following end options: (a) Purchase the Products from the Company, at a fair market value determined by agreement between the parties. Failing agreement in this regard, the parties agree that the purchase price payable by you shall be an amount equal to the last monthly rental amount. The purchase price shall be payable on the last day of the Term; or (b) Return all the Products to the Company on the last day of the Term; or (c) Obtain from the Company one or more extensions of the Term of the agreement regarding the Products in which case any rental amounts must be agreed in writing by both parties. Any of the options mentioned above chosen by the customer must be notified in writing to the Company at least one month prior to the expiration of the Term, otherwise, it shall be understood that the customer, subject to final notice from the Company, agrees to purchase the Products in accordance with 3(a) above.
Theft cover: As a measure to protect the Product from theft it is locked every 30 days. A token is required to unlock it again, even if it was purchased cash. Terms & Conditions apply including the payment of the ongoing rental/token charge.
Repair and Replace in Warranty Period: Subject to all the other provisions of this agreement, if the Product (or part thereof stops working within two (2) years of purchase excluding the rechargeable radio, torch or USB adaptors or cables, the customer can report the Product failure to the Contact Number provided. If the first and second Line of Support cannot resolve the Product issues, the Company signed agent(s) will arrange the return of the Product (or part thereof) for replacement or repair. This warranty covers product failure from normal use and is void if the product has been tampered with, repaired, modified, damaged by water, abused or in case of fraud or theft. All components are covered under 2-year warranty except the radio and torch if applicable, which have a 1-year warranty. There is no warranty on the USB cable(s). Customers may return the product within seven (7) calendar days from date of purchase if they are not happy with the product, for a full refund, at their own cost.