TERMS & CONDITIONS OF SALE
1. PRICING & PAYMENT
1.1 All prices stated on the Authorised Order apply to the products and software listed and are payable in South African Rand, unless another currency is specified.
1.2 Price quotations include VAT unless issued to international clients. Quotations remain valid for 14 days from the date of issue.
1.3 Quotations exceeding R10 000 (excl. VAT) require a 50% deposit as order confirmation.
1.4 Unless otherwise agreed in writing, payment terms for complete products and software are Payment on Delivery.
1.5 Spare parts require full payment before delivery, unless otherwise agreed in writing.
1.6 AgriHawk may review and amend the Customer’s credit terms at any time and may require security or guarantees prior to delivery.
1.7 Any overdue amounts shall accrue interest at prime + 2%, capitalised monthly in arrears, from the due date until full payment is received.
2. DELIVERY
2.1 AgriHawk will use reasonable commercial efforts to deliver within the timeframe stated on the Authorised Order.
2.2 Delivery timelines commence once the required deposit (or full payment for spare parts) is received. Items not in stock will be placed on back-order. AgriHawk is not liable for damages arising from stock unavailability.
2.3 AgriHawk is dependent on third-party manufacturers and service providers and is not liable for delays caused by such parties.
2.4 Deliveries within South Africa are made CIP to the address on the Authorised Order.
2.5 Deliveries to customers outside South Africa are EXW Modimolle, with all freight, insurance, and related costs for the Customer’s account.
2.6 Risk passes to the Customer upon delivery. For software, only the physical media transfers—intellectual property does not.
2.7 Ownership remains with AgriHawk until full payment is received.
2.8 A signed delivery note or courier waybill constitutes conclusive proof of delivery and acceptance.
3. BINDING CONTRACT
3.1 Signing the Authorised Order constitutes acceptance of these Terms and Conditions and forms a binding contract.
3.2 Orders may not be cancelled without AgriHawk’s written consent.
3.3 Unauthorised cancellations result in forfeiture of the deposit.
3.4 Approved cancellations incur a 15% surcharge of the VAT-inclusive order value.
4. SUBSTITUTIONS & MODIFICATIONS
AgriHawk may substitute or modify items where such changes do not materially affect performance or specifications.
5. INSPECTION & ACCEPTANCE
5.1 AgriHawk will conduct appropriate pre-delivery testing and inspection.
5.2 The Customer must inspect products upon delivery and notify AgriHawk in writing within 5 working days of any non-conformance.
5.3 AgriHawk may repair, replace, or refund non-conforming items at its discretion.
5.4 No item may be returned or reworked without AgriHawk’s written authorisation.
6. WARRANTIES
6.1 Products are warranted to be free from defects in materials and workmanship for 1 year from delivery, subject to these terms.
6.2 Manufacturer-specific warranties apply where relevant.
6.3 No additional warranties apply unless expressly stated.
6.4 The Warranty excludes defects arising from misuse, incorrect installation, unauthorised repairs, or use with non-approved equipment. Claims must include written notice and a copy of the delivery note.
6.5 Warranty validity requires correct installation, configuration, maintenance, and use per the manufacturer’s specifications.
6.6 Remedies are limited to repair, replacement, or refund at AgriHawk’s discretion.
6.7 Software is governed by its respective Software Licence Agreement.
6.8 Warranty repairs operate on a carry-in basis; AgriHawk covers return courier costs only.
6.9 International warranty returns are shipped CIF, with all duties and taxes for the Customer’s account.
7. WARRANTY EXCLUSIONS
The Warranty does not apply to unauthorised modifications, integration with non-AgriHawk equipment, use outside intended specifications, damage caused by improper use, or infringement claims arising from Customer-initiated modifications.
8. INSTALLATION & TRAINING
8.1 The Customer must ensure a representative is available on the agreed delivery or training date.
8.2 Training is provided upon delivery or on a mutually agreed date.
8.3 Products are delivered by trained technicians using manufacturer-approved procedures.
8.4 Required testing and verification will be performed.
8.5–8.6 Non-conformance must be reported within 5 days or the product is deemed accepted.
8.7 Installation and training fees are payable immediately upon completion.
8.8 Additional services are billed on an ad-hoc basis.
9. SOFTWARE
9.1 The Customer receives a non-exclusive, non-transferable licence to use one copy of the software.
9.2 All embedded software is supplied under this licence unless otherwise agreed.
9.3 Software and documentation are delivered with the products.
10. INTELLECTUAL PROPERTY
10.1 All intellectual property rights remain with AgriHawk or its licensors.
10.2 The Customer may not copy, reverse-engineer, distribute, or disclose the software or related IP.
11. DEFAULT
AgriHawk may cancel an order immediately if the Customer becomes insolvent, fails to perform obligations, or breaches these terms. AgriHawk may reclaim unpaid products and claim damages.
12. ASSIGNMENT
The Customer may not assign rights or delegate obligations without AgriHawk’s written consent.
13. DISPUTES
13.1 Disputes shall be resolved by arbitration under AFSA rules.
13.2 Costs are awarded based on substantial success.
13.3 Arbitration decisions are final and enforceable.
13.4 Urgent interim relief may be sought from a South African court.
13.5 South African law governs these terms.
14. NOTICES
Notices are deemed delivered when personally served or five business days after dispatch via reputable courier. Parties may update notice addresses in writing.
15. FORCE MAJEURE & LIMITATION OF LIABILITY
15.1 AgriHawk is not liable for delays caused by events beyond its control.
15.2 AgriHawk’s total liability is limited to the amounts paid by the Customer. AgriHawk is not liable for indirect, consequential, punitive, or special damages, except where required by law in cases of personal injury.
16. INCONSISTENT TERMS
If inconsistencies arise, the Authorised Order prevails over these Terms, and handwritten amendments prevail over printed text.
17. INDEPENDENT CONTRACTORS
The parties act as independent contractors and may not bind each other to obligations.
18. NO INDULGENCE
Any indulgence granted does not constitute a waiver of rights.
19. SEVERABILITY
Invalid provisions do not affect the validity of the remaining terms.
20. REGULATIONS
The Customer is responsible for complying with SACAA regulations. AgriHawk is not liable for regulatory breaches by the Customer.