Cater Zone

Terms and Conditions

The following terms and conditions shall govern the sale by the entity CATERZONE (Pty) Ltd, ("CATERZONE" or "Seller"), named on the invoice that will be provided to Customer for products and associated services sold by CATERZONE, unless the Customer has signed a separate formal purchase agreement with CATERZONE By ordering products from the CATERZONE on-line store or directly from Caterzone or from an accredited Caterzone agent and/or by accepting delivery of the products described on the invoice, Customer agrees to be bound by and accepts these terms and conditions. CATERZONE reserves the right to change these terms and conditions at its sole discretion without prior written notice at any time.

OTHER DOCUMENTS DO NOT APPLY
These terms and conditions may not be supplemented, altered or modified by the use of any other document(s).Any attempt to modify, supplement or amend these terms and conditions will be null and void unless agreed to in writing by CATERZONE.

PAYMENT TERMS
Terms of payment shall be determined at the sole discretion of CATERZONE. Payment must be received by CATERZONE prior to CATERZONE accepting the Customer's order. Payment shall be made by bank guaranteed check, electronic transfer or some other pre-arranged method of payment acceptable to CATERZONE. All products remain the property of CATERZONE until payment has been received in full where alternative payment terms are agreed to by CATERZONE.

PRICES, SHIPPING AND HANDLING CHARGES AND TAXES
Prices invoiced do not include charges for shipping and handling, but will include VAT unless the products are being exported i.e. not being collected or delivered in the Republic of South Africa.

LIMITED WARRANTY
CATERZONE makes no warranties or representations as to the performance of products or as to service/s to buyer except as set forth in the manufacturer’s warranty/ies accompanying the products. Upon reasonable notice, CATERZONE reserves the right to change the warranty and service policy set forth in such warranties. The warranty accompanying the products is in lieu of all other warranties, express or implied, including, but not limited to, warranties of merchantability or fitness for a particular purpose. No affirmation of fact, including, but not limited to, statements regarding suitability for use or performance of the product shall be deemed to be a warranty of CATERZONE for any purpose. The liability of CATERZONE, if any, for damages relating to allegedly defective Products shall, under any legal or equitable theory, be limited to the actual price paid by the buyer for such products. In no event shall CATERZONE be liable for direct, indirect, special, or consequential damages, including without limitation including inability to trade and/or loss of profits, arising out of any allegedly defective product.
Any other provision or warranty accompanying the products to the contrary notwithstanding, the limited warranty does not cover the following:

1.	repair or replacement of Products damaged by accidents, tampering, transportation, hijacking, neglect, misuse, mishandling, alterations which may include, without limitation, any deviation from original design, installation or removal of features, or any other modification (unless approved by supplier in advance and in writing);
2.	repair or replacement of products damaged by unusual physical or electrical stress or use of the Products for purposes other than that for which they were designed or improper operation of the Products; or
3.	repair or replacement of Products damaged by rain, wind, hail, lightning, storms, floods, fires, earthquakes or other acts of God, vandalism or civil unrest or any act whatsoever beyond the control of CATERZONE.

PRODUCTS AVAILABILITY
Product availability may be limited. Products may not be available for immediate delivery. CATERZONE reserves the right, without liability or prior notice, to revise or cease to make available any or all products or to cancel any order. If there is any revision or cessation, CATERZONE may ship products which have the functionality and specifications of the products originally ordered.

EXCLUSION AND LIMITATION OF LIABILITY
FOR ANY BREACH OF THESE TERMS AND CONDITIONS, CATERZONE’S SOLE AND EXCLUSIVE MAXIMUM LIABILITY SHALL NOT IN ANY EVENT EXCEED THE TOTAL PRICE OF THE PRODUCTS ORDERED BY CUSTOMER.

IN NO EVENT SHALL CATERZONE BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGE FOR ANY BREACH OF THESE TERMS AND CONDITIONS, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF BUSINESS OR GOODWILL, LOSS OF USE EVEN IF CATERZONE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE OR ANY CLAIM BY ANY THIRD PARTY.

CATERZONE SHALL NOT BE LIABLE IF IT IS UNABLE TO PERFORM ANY OF ITS OBLIGATIONS CONTAINED IN THESE TERMS AND CONDITIONS DUE TO, DIRECTLY OR INDIRECTLY, THE FAILURE OF ANY MACHINE, SYSTEM OF AUTHORIZATION, DATA PROCESSING OR COMMUNICATION SYSTEM OR TRANSMISSION LINK OR ANY INDUSTRIAL DISPUTE, WAR, FLOOD, EXPLOSION, ACT OF GOD OR ANY OTHER EVENT BEYOND THE DIRECT CONTROL OF CATERZONE

GOVERNING LAW AND JURISDICTION
The sale of products shall be governed by the laws of the Republic South Africa.

EXPORT CONTROL
Products purchased or received under these terms and conditions shall be subject to export laws and regulations of the Republic of South Africa.

10.

HEADINGS
The headings of each of these terms and conditions are for convenience of reference only and shall not form part of these terms and conditions. Such headings shall be ignored in the interpretation or construction of any of these terms and conditions.

11.

RETURN POLICIES
Customer may only return the product in accordance with the return policy encompassed in the manufacturer’s warranty in effect on the date of the invoice and after prior written notification via facsimile or email to CATERZONE of the reasons for said return.

12.

PRODUCTS AND SERVICES
CATERZONE'S policy is one of on-going product/service update and revision. CATERZONE may revise and discontinue products and/or services at any time. 13. SERVICE AND SUPPORT CATERZONE endeavours to provide the best customer and technical support. For end-user customers, CATERZONE will attempt to resolve any problem involving CATERZONE products via telephone and/or email and in conjunction with the relevant manufacturer/supplier. CATERZONE will make on-site service available to customers in the Republic of South Africa in accordance with the then-current terms and conditions set by CATERZONE and/or the third-party service provider.

14.

NO ASSIGNMENT
Customer may not assign its rights or obligations under this Agreement without the express written consent of CATERZONE

15.

INVALIDITY OF PROVISIONS
If any provision or provisions of this Agreement shall be held to be invalid, illegal or unenforceable, such provision shall be enforced to the fullest extent permitted by applicable law, and the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

16.

TITLE
Title to products passes from CATERZONE to Customer on shipment from CATERZONE facility in the event of prior payment, and on receipt of the full amount outstanding where other payment terms have been agreed to.

17.

APPLICABLE LAWS; NOT FOR RESALE
Customer agrees to comply with all applicable laws and regulations of the Republic of South Africa. Customer agrees and represents that it is buying for its own internal use only, and not for resale.

18.

TRADEMARKS AND COPYRIGHT NOTICE
CATERZONE, the CATERZONE logo, and the CATERZONE products referred to herein are either the intellectual property or the registered trademarks of CATERZONE. The absence of a product name or logo on this web site does not constitute a waiver of any CATERZONE trademark or other intellectual property rights concerning that name or logo.