Terms and Conditions of Sale
- All prices quoted are nett and exclude Value Added Tax at 15%.
- Prices, where applicable, are subject to change and are subject to exchange rate fluctuations.
- Stock must be returned unopened. All returned stock will attract a 20% handling fee. Stock returns are subject to Decision Inc. Immix and the supplier’s acceptance and terms and conditions. Delivery will be subject to stock availability at the time of the order.
- Warranty as per the manufacturer.
- Any costs incurred by Decision Inc. Immix in the execution of a sale/proposal will be for The Customer’s account unless they were agreed beforehand in writing by Decision Inc. Immix for Decision Inc. Immix’s account.
- No work will be commenced by Decision Inc. Immix without a quotation being provided to The Customer from Decision Inc. Immix and a written instruction to proceed in an agreed format being received by Decision Inc. Immix from The Customer.
- If Decision Inc. Immix finds that the actual work is varying significantly from the estimate provided, Decision Inc. Immix will notify The Customer in writing.
- All project/support phases are subject to finalisation of the analysis and sign-off of specification documentation. Any implementation overruns, will be managed by the project team and extra charges raised accordingly.
- Proposals are subject to the standard software development agreement used by Decision Inc. Immix or as modified and agreed by both parties.
- Prices exclude incidental expenses like travel and accommodation where applicable.
- Proposals are valid for 7 days.
- Documentation is strictly confidential to The Customer.
- A ‘Shipping and Handling’ fee of USD50.00 will be charged in addition to all Microsoft Dynamics licences.
Intellectual Property Rights
- Decision Inc. 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.
- The Customer acknowledges and agrees that the copyright in and ownership of all material made available to it by Decision Inc. Immix from time-to-time, vests and shall remain vested exclusively in Decision Inc. Immix.
- The copyright in any material prepared or created specifically for The Customer by, on behalf of, or on instruction of Decision Inc. Immix or any personnel of Decision Inc. Immix, shall remain the property of Decision Inc. Immix unless otherwise expressly agreed in writing by the parties.
- Any travel, accommodation (bed and breakfast – South African three-star equivalent), material and incidental expenses reasonably and necessarily incurred by Decision Inc. 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 Decision Inc. Immix. If requested by The Customer, Decision Inc. Immix shall obtain prior approval for travel, material and incidental expenses.
- An overnight subsistence allowance of R300.00 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 orders of South Africa, an overnight subsistence allowance of USD75.00 per night, per consultant, will be charged.
- Travel charges are calculated based on the return distance from Decision Inc. Immix offices to The Customer. Rate: R6.00 per kilometre.
- Travel time is charged for at 50% of the prevailing consulting rate for travel outside Gauteng
- Delivery or collection charges for COD purchases from Decision Inc. Immix will be charged at a flat rate of R250.00 within a 50km radius the applicable Decision Inc. Immix delivery office.
- Payment for Decision Inc. Immix invoices are due as follows:
- Hardware and Software will be invoiced on delivery. Payment is due within 7 (seven) calendar days of the invoice date. Decision Inc. Immix reserves ownership of Hardware and Software until payment 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.
- Consulting Services will be invoiced monthly, on completion of the work done, or according to project milestones – as agreed with The Customer. Payment is due within 30 (thirty) calendar days of the invoice date.
- Decision Inc. Immix will invoice The Customer monthly in advance for all Maintenance Activities and/or Service Level Agreements. Payment is due within 30 (thirty) calendar days of the invoice date.
- All payments shall be made on due date without deduction, set 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.
- Amounts not paid within the prescribed payment terms as set out above will be considered overdue and will attract interest at the prime rate of interest from the date such invoice becomes overdue until the date of payment.
- All work is considered completed to an acceptable standard unless The Customer disputes the work in writing to Decision Inc. Immix within 10 (ten) calendar days following receipt of invoice for the work.
- All support hours will be recorded in DECISION INC. IMMIX timesheet system and, if requested by CLIENT, a monthly consumption sheet (hours spent on support) will be provided. This is a retainer-based support agreement and entitles CLIENT to the contracted number of hours per month. Should CLIENT in any given month require more hours than the contracted number, DECISION INC. IMMIX will endeavour to meet this requirement, but cannot guarantee that it will be able to.
- The standard service will be delivered on South African BUSINESS DAYS, the Service Hours being from 08h00 to 17h00.
- Extended hours, outside of the defined Service Hours, needs to be agreed in writing and will attract the following uplift fees:
- Weekdays and Saturdays 150%
- Sundays and South African Public Holidays 200%