TERMS AND CONDITIONS

Terms and Conditions of Sale

  1. All prices quoted are nett and exclude VAT at 14%.
  2. Prices/amounts, where applicable, are subject to change and are subject to exchange rate fluctuations.
  3. Stock must be returned unopened.  All returned stock will attract a 20% handling fee.  Stock returns are subject to IMMIX and the supplier's acceptance and terms and conditions.  Delivery will be subject to stock availability at the time of the order.
  4. Warranty as per the manufacturer.
  5. Any costs incurred by IMMIX in the execution of a sale/proposal will be for THE CUSTOMER'S account unless they were agreed beforehand in writing by IMMIX for IMMIX'S account.
  6. No work will be commenced by IMMIX without a quotation being provided to THE CUSTOMER from IMMIX and a written instruction to proceed in an agreed format being received by IMMIX from THE CUSTOMER.
  7. If IMMIX finds that the actual work is varying significantly from the estimate provided, IMMIX will notify THE CUSTOMER in writing.
  8. All project/support phases are subject to finalisation of the analysis and sign-off of specification documentation.
  9. Proposals are subject to the standard software development agreement used by IMMIX or as modified and agreed by both parties.
  10. Proposals are valid for 1 day.
  11. Documentation is strictly confidential to THE CUSTOMER.

  12. E&OE.

Intellectual Property Rights

  1. IMMIX acknowledges and agrees that the copyright in and ownership of all material made available to it by THE CUSTOMER from time-to-time, vests and shall remain vested exclusively in THE CUSTOMER.
  2. THE CUSTOMER acknowledges and agrees that the copyright in an ownership of all material made available to it by IMMIX from time-to-time, vests and shall remain vested exclusively in IMMIX.

  3. The copyright in any material prepared or created specifically for THE CUSTOMER by, on behalf of, or on instruction of IMMIX or any personnel of IMMIX, shall remain the property of IMMIX unless otherwise expressly agreed in writing by the parties.

Travel

  1. Any travel, accommodation (bed and breakfast - South African three star equivalent), material and incidental expenses reasonably and necessarily incurred by IMMIX in travelling to fulfil its obligations to THE CUSTOMER, are not included in the contract price and shall be paid by THE CUSTOMER as invoiced by IMMIX.  If requested by THE CUSTOMER, IMMIX shall obtain prior approval for travel, material and incidental expenses.
  2. An onvernight subsistence allowance of R200.00 per night, per consultant, will be charged for out-of-town assignments within the borders of South Africa.  For out-of-town assignments outside the borders of South Africa, an overnight subsistence allowance of US$50.00 per night, per consultant, will be charged.
  3. Travel charges are calculated based on the return distance from IMMIX offices to THE CUSTOMER.  Rate: R3.50 per kilometre.
  4. Delivery or collection charges for COD purchases from IMMIX will be charged at a flat rate of R250.00 within a 50km radium of our Rivonia offices.

Payment Terms

  1. Payment for IMMIX invoices are due as follows:
    1. Hardware and Software - payment is due within 7 (seven) calendar days of the invoice date.  IMMIX reserves ownership of Hardware and Software until pament has been received in full.  Failure to pay will result in the removal of the goods - any costs incurred will be for THE CUSTOMER'S account and will be invoiced accordingly.
    2. Consulting Services - IMMIX reserves the right, at its discretion, to invoice monthly or on completion of the work done.  Payment is due within 30 (thirty) calendar days of the invoice date.
  2. All payments shall be made on due date without deduction, sett off or demand and free of all bank charges or other expenses.  Unless stated to the contrary, all amounts stipulated shall be exclusive of Value Added Tax.
  3. Amounts not paid within the prescribed payment terms as set out above will be considered overdue and will attract interest at the prime rate from the date such invoice becomes overdue until the date of payment.
  4. All work is considered completed to an acceptable standard unless the Client disputes the work in writing to IMMIX within 10 (ten) calendar days following receipt of invoice for the work.