Terms and Conditions
TERMS AND CONDITIONS
DEFINITIONS AND INTERPRETATION
In terms of this Website and other policies referred to herein, unless the context otherwise indicates:
- ARB – means ARB Electrical Wholesalers (Pty) Ltd.
- “You “or “Customer” or “User”– means any person who visits, accesses or uses the website.
- “Products” or “goods” – means all the goods sold by ARB.
- A reference to a customer shall include that customer’s successors and lawful assigns.
- Words importing the masculine gender shall include the feminine and neuter genders and vice versa.
- The headings to the various clauses referred to in this Website are provided for convenience of reference only and are not to be taken into account in the interpretation thereof.
- A reference to natural persons shall include juristic persons, trusts and partnerships and vice versa.
- If there is a conflict between the words and numerals in the interpretation of a rule, the words shall prevail.
- When any number of days is prescribed in this website, the same shall be reckoned exclusively of the first and inclusively of the last day, unless the last day falls on a Saturday, Sunday or proclaimed public holiday in the Republic of South Africa, in which event the last day shall be the next succeeding day which is not a Saturday, Sunday or public holiday.
- This website is owned and operated by ARB Electrical Wholesalers (Pty) Ltd (Reg. No. 2004/012797/07).
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY
- We reserve our right to suspend our website or any part thereof or terminate your account at any time if we, in our sole discretion, determine that you are not using the website in compliance with these Terms and Conditions or if we believe the information provided by you is untrue, inaccurate or incomplete.
- GENERAL TERMS AND CONDITIONS FOR THE ARB WEBSITE:
- Your access to and use of the arb.co.za website is subject to the following Terms and Conditions and these Website Terms and Conditions govern the ordering, sale and delivery of products and goods, and the use of the Website.
- The products and services offered by or through the arb.co.za website and any sales concluded in respect thereof are also made available subject to the following Terms and Conditions.
- These Website Terms and Conditions govern the ordering, sale and delivery of products and Goods, and the use of the Website.
- PURCHASING PRODUCTS/GOODS
- This website allows you to browse, select and order products advertised on the site as long as such products are available and not sold out.
- You may update, edit or terminate your account at any time through the site.
- Product images may differ from images shown. E&OE.
- Any order placed through this site is an offer by you to purchase the particular product for the price notified (including the delivery and other charges) at the time you place the order.
- We may ask you to provide additional details or require you to confirm your details to enable us to process any orders placed through the site.
- You agree to provide us with current, complete and accurate details when asked to do so. We reserve the right to accept or reject your offer (in whole or in part) for any reason.
- Upon acceptance by ARB of your offer, a binding contract of sale upon the terms set forth in these Terms and Conditions shall be deemed to be concluded in respect of the goods that ARB has agreed to supply to you. Each order that is accepted by ARB shall constitute a separate and distinct contract of sale in respect of the goods forming the subject of such order. If we reject an order (or part thereof) placed through the site, then we will endeavour to notify you of that rejection at the time you place the order or within a reasonable time after you submit your order.
- Products on the site cannot be reserved to be bought at a later stage, and placing an item in your “wish list” or “basket” without completing the order does not amount to an order.
- The invoice for your purchase will be emailed to you at the email address you provide to us, which you have authorised us to send our invoice to. A copy of this invoice will be included in your parcel.
- We reserve the right to cancel or refuse to process any order made by you in the event of a breach of any of our Terms and Conditions, by giving written notice of our election to do so to you.
PASSING OF RISK & RESERVATION OF OWNERSHIP
- Risk in the products will pass to you or your authorised representative on delivery to your nominated address. We will however retain ownership of the products until payment is received in full.
- These Terms and Conditions are in no way intended to deprive you, if you are a “consumer” contemplated under the Electronic Communications and Transactions Act 25 of 2002 (ECTA) of your right to cancel an agreement for the supply of goods within seven days after the date of the receipt of the goods, subject to a handling fee / the reasonable cost of returning the goods, which will be off-set against the refunded purchase price. You are a consumer under ECTA if you are an individual who will use the goods you buy.
- A full record of your transactions on our website will be available instantly on your account.
AVAILABILITY OF PRODUCTS
- Please note that all products displayed on our website are subject to availability. We will inform you as soon as possible if any products or services ordered by you are not available. For more information, see our Returns Policy which forms part of these Terms and Conditions.
- We reserve the right to discontinue or change the specifications of our products from time to time without notice to you. However, the specifications of a particular product will not be changed after order confirmation and before delivery of that product to you.
- All prices shown on our website are quoted in South African Rands and are valid and effective only in the Republic of South Africa.
- Prices advertised online are exclusive to the ARB Online Store and may differ at other ARB Branches.
- Prices may fluctuate due to page caches, updates or sales ending.
- PAYMENT OPTIONS
ARB accepts payments made by Visa and Mastercard credit cards only. When you order online, funds equal to the total value of your order will be reserved against the card you are paying with during the checkout process.
By submitting your order and payment card details you warrant that you are authorised to make payment with the payment card and that there are sufficient funds available to pay for the order.
EFT secure is a streamlined version of a traditional EFT. It makes payment of a bank transfer a lot faster and easier by eliminating certain steps such as creating a beneficiary and entering a reference number or amount. EFT secure only requires you to log into your bank account and authenticate the payment through the banks one time pin or authentication methodology.
- Select EFT secure as your payment option during checkout
- Select your bank from the list presented
- Login to the EFT secure portal using your internet banking credentials
- Select your account to pay from
- The automated process will navigate and populate the relevant fields on your behalf in the background
- Your bank will require you to authorize the payment by means of SMS, USSD Push or In-App approval
- Once you have successfully authorized the transaction to your bank, the payment will be made to the Seller
- EFT secure sends us an immediate notification of your payment with your order number included as a reference. There is no need to send through a proof of payment.
We have partnered with instant EFT solution Ozow to bring you an additional and easier way of making payment via EFT.
Ozow is a seamless, hassle-free and instant method of settling your outstanding account, making the loading process quick and easy within seconds. It allows you to settle your account with us from any of your online bank accounts e.g. savings account, credit card account, cheque account, etc. All you need to use Ozow is an online bank account. The payment is made immediately, allowing us to process your payment faster.
- When you choose to pay with Ozow, you will be redirected to the Ozow payment flow.
- Select your brank from the six options available and log in using your internet banking details.
- Select an account to pay from. NB: This step will be skipped automatically if you on have one bank account linked with this banking profile
- Your bank will send you an OPT (One Time Pin) or a mobile authentication message to confirm payment.
Enter the OPT into the Ozow payment screen, or accept the authentication message and return to the Ozwo payment to complete payment.
This is different to Instant EFT. You will need to log onto your bank and load ARB Electrical Wholesalers as a payment beneficiary. Once payment has been completed you will need to send us the proof of payment. When you select this method of payment, please allow for time (1 – 3 Business days) to see that funds reflect in our account first before we start processing your order. To ensure we link your payment to your order, please forward us your proof of payment with your order number as reference via email to: email@example.com
Regrettably we do not accept cheques as payment. Please make use of our other payment options. For our Payment Security Policy, click here.
- ARB Electrical may without notice to you set-off any amounts owed by you against any liability or debt of yours owing to ARB arising from any cause whatsoever, whether or not such liability is liquidated or unliquidated, present or future, accrued or contingent.
- In the event of the customer having an existing credit account/application and which account is in arrears and the customer subsequently purchases goods on a cash basis or online via this website, then under this particular circumstance, ARB can appropriate and set off this payment received from the customer to the outstanding arrear account.
- The set-off will only apply to arrear accounts that are undisputed and where the Customer has explicitly or impliedly admitted liability and has even made a part payment towards the arrear account.
For our delivery terms, click here.
REFUNDS, RETURNS AND EXCHANGES
For our policy on refunds, returns and exchanges, click here.
AMENDMENTS TO TERMS AND CONDITIONS
We may periodically update or change our Terms and Conditions. It is your responsibility to check them from time to time as your continued use of our website means that you accept any updated or revised terms and conditions.
COPYRIGHT OF ARB CONTENT
- All content included on this website, such as text, graphics, logos, button icons, images, maps, databases and software, is the property of the Proprietor or its content suppliers (or the copyright holder where we have obtained their permission to use their material) and protected by South African and international copyright laws. Furthermore, the compilation (meaning the collection, arrangement, and assembly) of all content on this website is the exclusive property of the Proprietor and protected by South African and international copyright laws.
- Without derogating (taking away) from the above, we authorise you to view, copy, download to a local drive, print and distribute the content of this website, or parts thereof, provided that:
- Such content is used for information purposes only; and
- Such content is used for non-commercial purposes.
NO OTHER LICENCE OR RIGHT IS GRANTED.
- You are expressly prohibited from incorporating any of the material from this website in any other work, publication or website of your own or belonging to another person.
- Any reproduction of material from this website or portion of this website must include this entire clause “Copyright of ARB Electrical Wholesalers Content”.
LIABILITY DISCLAIMER AND LIMITATION OF LIABILITY
- We do not display the products or information regarding them on this site in a manner which is misleading, fraudulent or deceptive in any way. We also provide rights of return of products in our Returns Policy.
- However, the information and other content published on this website, including without limitation, text, graphics and links are provided on an “as is” basis. The proprietor makes no representations or warranties of any kind, express or implied, as to the operation of this website or the accuracy, correctness or completeness of the information and other content included on this site. Without limiting the generality of this disclaimer:
- The proprietor does not warrant that this website will be error free, or will meet any particular criteria of accuracy, completeness or reliability of information, performance or quality.
- Although the proprietor has taken reasonable measures to ensure the integrity of this website and its contents, no warranty, whether express or implied, is given that any files, downloads or applications available on this website are free of viruses, trojans, bombs, time-locks or any other data or code which has the ability to corrupt or affect the operation of your system.
- Apart from any express warranties on the products we supply, we give no warranty on the products sold over this website except those contemplated in section 55 of the consumer protection act, 2008 (CPA) and only if you are a “consumer” under the CPA.
Please pay special attention to the following:
- You acknowledge that your use of the products made available on this website is at your own risk. If you do not follow the instructions on the products you may be endangering your life and there is a possibility of injury, fires or electric shocks. The products must not be consumed as this could be harmful to your health.
- You acknowledge that some of the products must be installed by qualified electricians only.
- For your own safety, please carefully consider and follow the warnings or other instructions on the products.
- This all means that if you buy the products and try to install or otherwise use them, you do so on the basis that if you suffer any injury, harm or loss associated with the products you (and any third party) will have no claim against us (to the extent permissible in law). You will be responsible for paying for any harm or losses you or any third party suffers as a result of the products.
LIMITATION OF LIABILITY
- In no event shall the proprietor and its suppliers be liable for any direct, indirect, punitive, incidental, special, contingent or consequential damages whatsoever, however they may arise, out of or in any way connected with: the use of this website, the inability to use this website, the operational failure of this website, any information, data, products, and services obtained through this website, whether based on contract, delict, strict liability or otherwise, even if the proprietor and/or any of its suppliers has been advised of the possibility of damages. However, this limitation of liability will not apply where we are liable to give you a remedy for a problem product under section 56 of the CPA or are strictly liable for harm caused by a product under section 61 of the CPA, if you are a consumer protected under the CPA.
- The effect of the above disclaimer and limitation of liability is that you cannot sue us for loss or damages you may suffer or incur because of using this website or any products or because of any circumstance listed under the limitation of liability unless you have a valid claim under the CPA.
- ARB shall not be liable under any circumstances whatsoever for any loss or damages of any nature whatever, whether direct or indirect, consequential or otherwise, sustained as a result of any goods sold by ARB being defective or not conforming to the description thereof, or as a result of any other cause whatsoever, and ARB’s liability in respect of any goods sold by it shall be limited to that provided for in 18.5.
- In applying 1, the customers’ attention is expressly drawn to the following exclusions, inter alia:
- all determinations regarding the structural adequacy or load carrying capacity of any roof and/ or supporting structure to which solar applications or cable management systems are attached is the sole responsibility of the customer and/or third-party installer, as is determined in his or its sole discretion but not ARB;
- the attachment of solar panels, modules or other apparatus to roofs involves a complex, interdependent system of links, any one or more of which may fail if the maximum load strength is exceeded at any point in the system
- all load data provided to the Customer has been received by the manufacturer and relates only to load-to-failure testing done in respect to components manufactured by the manufacturer / supplier and not with respect to any other component of the complete system;
- the design of solar applications that fail to use the test data and other expert information available to the customer and the services of a qualified person, may be inadequate; and ARB cannot and does not provide any confirmation, opinion or warranty in these regards and any and all claims in respect to any act, error or omission regarding the foregoing matters are hereby waived and released by the customer who indemnifies ARB, in this regard.
- The customer acknowledges that-
- ARB is not the manufacturer of the goods;
- ARB does not warrant or represent that the goods are fi t for any particular purpose (whether or not that particular purpose is known to ARB), and the goods shall be regarded as having been sold voetstoots, and without warranty against latent defects therein:
- No liability whatsoever shall arise on the part of ARB for any representation or warranty made, or alleged to have been made, at any time in respect of any goods sold by ARB to the customer.
- In respect of any goods sold as sub-standard or as reject or as seconds, the customer shall have no claim of any nature whatsoever against ARB, and ARB shall not be liable to the customer in any way whatever for any defect, whether latent or patent, in such goods.
- If any goods (other than goods of the type described in 9.3) are latently, patently, or otherwise defective and a claim lies against ARB in respect of such goods, ARB may at its option decide either to –
- Replace the defective goods; or
- Cancel the sale and reimburse the customer in respect of the purchase price paid by the customer for such goods against return of the goods to ARB; or
- require the customer to accept the goods at a reduced purchase price to be agreed, provided that if the parties are able to agree on the amount of the reduction that question shall be submitted to be resolved by an independent suitably qualified expert, agreed upon between ARB and the customer, and failing such agreement, appointed by the President for the time being of the Association of Arbitrators, and that expert’s decision (acting as expert and not as arbitrator) shall be final and binding upon ARB and the customer; or cede to the customer all its rights in and to any manufacturer’s warranty in respect of the defective goods to enable the customer to recover directly from the manufacturer, if the relevant warranty does not preclude ARB from ceding its rights to a third party, provided that ARB does not warrant that any claim under the relevant warranty will be met by the manufacturer and ARB shall not be li able to the customer if for any reason the manufacturer fails to pay any claim made against it.
- Any decision of ARB in terms of 9.4 shall be notified to the customer in writing
- if so required by ARB the customer shall be obliged to re-deliver the defective goods to ARB at the customer’s own cost and expense.
- ARB shall not be liable under any circumstances whatever for any loss or damage of any nature whatever whether direct or indirect, consequential or otherwise, arising out of any contract with the customer and/or relating to any goods sold to the customer, ARB’s liability being limited to that provided for in 18.5. The customer accordingly indemnifies and holds ARB harmless against any claim that may be brought against ARB in consequence of any goods being defective and causing any damage whatsoever whether through accident, negligence, gross negligence, or any other cause.
DUTY TO SEEK PROFESSIONAL ADVICE
- Although reasonable steps have been taken to ensure the accuracy and completeness of the contents, data and information on this site, there may be instances where such information proves inaccurate or incomplete. Before placing any reliance on the data and information provided on this site please consult the Proprietor directly or approach your own professional advisors. You should take all reasonable steps to ensure and verify the accuracy of the contents, data and information obtained from this site. Without limiting the generality of this statement:
- This website could include technical, typographical or other inaccuracies and you are urged to contact your own professional advisors to confirm all information contained on this website prior to placing reliance on it. Changes are periodically made to the information on this website and these changes will be incorporated into new editions of this website.
These Terms and Conditions shall be governed by and interpreted in accordance with the laws of the Republic of South Africa. By using this website you consent to the exclusive jurisdiction of the High Court and/or Arbitration Forums of the Republic of South Africa in respect of any disputes arising in connection with this website and/or your use of it or any product obtained through it or information or other contents on it. The purpose of this clause is to make South African law apply and to give South African courts and Arbitration Forums jurisdiction if you are based outside of South Africa.
- DISPUTE RESOLUTION
- Should any dispute, disagreement of claim arise between the parties (you and ARB) on any matter arising out of these Terms and Conditions, the parties shall try to resolve the dispute by negotiation.
- This entails that one party invites the other in writing to a meeting and to attempt to resolve the dispute within thirty (30) days from date of the written invitation.
- If the dispute has not been resolved by such negotiation within thirty (30) days of the written invitation, then either party is at liberty to submit its dispute to mediation, or arbitration. Alternatively, either party has the right to pursue legal action or interdictory relief in a Court of law provided the nature of the dispute is within the ambit of adjudication in the Court of law, alternatively it is the correct forum to litigate his dispute.
- VIOLATION AND WAIVER
Should you violate these Terms and Conditions or any other rights of the Proprietor; we reserve the right to pursue any and all legal and equitable remedies against you and to take any steps necessary to protect our interests. If we fail to enforce any right or provision in these Terms and Conditions, you agree that this failure does not constitute a waiver of such right or provision or of any other rights or provisions in these Terms and Conditions.
SEVERABILITY OF PROVISIONS
If a court finds that one or more rights or provisions in these Terms and Conditions is invalid, you agree that the remainder of the Terms and Conditions will be enforceable and that, to the extent permitted by law, the court will give effect to the intention behind the right or provision that has been declared invalid or unenforceable.
ARB ELECTRICAL WHOLESALERS (ARB) CUSTOMER PORTAL
- THE CUSTOMER PORTAL- TERMS AND CONDITIONS
- ARB Electrical Wholesalers hereby grants its Customer a non-exclusive, non-transferable right and access to ARB Electrical Wholesalers Customer Portal.
- The terms and conditions as per ARB’s credit application concluded with the Customer together with the below-mentioned additional terms and conditions will apply when a Customer places an order through ARB’s operated website and Customer Portal.
- Unless otherwise specified, ARB intends the goods and services offered on the Customer Portal is only applicable for citizens of the Republic of South Africa and as such the terms set out below are governed by and interpreted according to the laws of the Republic of South Africa.
- By you ticking the “Terms & Conditions” box and by placing an order and paying for the order, alternatively receiving confirmation of the order via email and delivery has taken place, will form a legally binding agreement, even if the order was placed by an unauthorised employee of the Customer.
- ARB reserves the right to change the documents and/or other materials contained on this website from time to time without notice.
- The terms and conditions of this website and the customer portal is severable and divisible and separately enforceable as such and should any term or condition be void or found to be unenforceable at law, then the term will be severed and it shall not invalidate any of the remaining terms and conditions in respect of conclusion of the sale.
- The provisions of the following Acts protects your online purchase: Consumer Protection Act (CPA), Electronic Communications Act (ECTA) and Protection of Personal Information Act (POPI) and the National Credit Act (NCA) and thus, you will be required at all times to comply with the relevant provisions of the above Acts and any other applicable legislation.
- This Customer Portal is available as an additional benefit in favour of the Customer and as a convenience to the Customer to facilitate business transactions only and not for any other use.
- ACCESS TO THE CUSTOMER PORTAL AND SECURITY PROTOCOL TO BE ADHERED TO BY THE CUSTOMER
- Access to the ARB Customer Portal shall be approved through a User ID or other authentication mechanism provided by ARB Electrical Wholesalers to the Customer linked with the User ID.
- To facilitate this Customer Portal, you will be required to create a personalised account and you will be required to provide your personal information.
- ARB shall take all reasonable steps to protect the personal information of its Customers and for this particular purpose, “personal information/personal details”; shall be defined as contained and detailed in the Promotion of Access to the Information Act 2 of 2000 (PAIA) and the Protection of Personal Information Act 4 of 2013.(POPIA)
- The customer is required, to keep your account information confidential and safe and not to disclose your log in account information to any unauthorised third party.
- The customer is required to shall take all necessary and reasonable steps to maintain the security and integrity of all User IDs used in connection with accessing ARB’s Customer Portal.
- In order to ensure adequate security when accessing the Customer Portal, Customer understands and accepts that ARB Electrical Wholesalers may amend User ID’s periodically to prevent unauthorised access to ARB Electrical Wholesalers Portal and the Customer will appoint an employee to whom ARB Electrical Wholesalers may communicate any such amended IDs.
- Only the nominated and duly authorised representative of the customer (Super Admin), shall be responsible for setting up and keeping current all security and administration of Customer’s use of ARB Electrical Wholesalers Portal, including but not limited to:
- The responsibility falls on the company owner (Super Admin) in assigning and removing levels of permission for each user to ensure that users have access only to those aspects of the ARB Electrical Wholesalers Portal if such user has authority to act for Customer
- Ensuring users who should no longer have access are denied access to ARB Electrical Wholesalers Portal
- Ensuring spam folders are checked and ARB system generated emails are white listed to avoid emails being moved to junk folders.
- The customer has the responsibility to inform ARB Electrical Wholesalers if the Customer has any reason to believe that a User ID used in connection with accessing ARB Electrical Wholesalers Portal has or is likely to become known to someone not authorised to use it or is being or is expected to be used in an unauthorised way or has been compromised.
- ARB Electrical Wholesalers reserves the right to suspend User ID access to ARB Electrical Wholesalers Portal of Customer if at any time ARB Electrical Wholesalers reasonably considers, after consulting with Customer whenever practicable, that there has been or is likely to be a breach of security in respect of a User ID.
- ARB Electrical Wholesalers may issue replacement User IDs or cease suspension when ARB Electrical Wholesalers is satisfied that the breach of security or threat of breach of security is resolved.
- ARB Electrical Wholesalers will not be held liable or accountable for any damages, or expenses directly or indirectly, or loss sustained by its Customer because of such information becoming known to third parties, whether through the Customer’s actions or fraud, malware or phishing.
- ARB reserves the right to suspend any Customer account that has been compromised.
- PRODUCT DATA, STOCK AVAILABILITY AND PRICING
- Product data, stock availability and pricing are updated in 24hr-cycles. Information displayed may contain errors and omissions, for which ARB Electrical Wholesalers accepts no liability.
- Stock availability of manufactured items are subject to component availability.
- In the event of ARB Electrical Wholesalers being unable to fulfil any order placed by the Customer or unable to fulfil the full order at the advertised price due to stock unavailability, then the Customer will be notified and will be entitled to a refund of the amount paid for such stock or to the extent of the unavailability of the stock ordered.
- Any adjustments to the final pricing, is binding, and Customer assumes full responsibility for payment obligations arising out of modifications made on ARB Electrical Wholesalers Portal.
- All pricing displayed on the web is inclusive of the current South African VAT, in South African Rand, and are subject to price changes and may change with no warning or notification.
- All prices displayed exclude the cost of delivery.
- In respect of the delivery of the goods and the associated charges, please refer to ARB Electrical Wholesalers delivery policy, which link is above at paragraph 10.
- Where pricing on the website differs from the actual in-store pricing, the applicable price will be the lesser of the two prices, unless the lesser price is made in error and ARB Electrical Wholesalers has taken reasonable steps to rectify the error.
- If a mistake is made or ARB Electrical Wholesalers displays the incorrect price or image, then ARB Electrical Wholesalers reserves its rights to correct the incorrect price/image as soon as ARB Electrical Wholesalers are made aware of the incorrectly displayed price or image.
- The information given on the pages of this website is for your general information and use only. ARB Electrical Wholesalers reserves the right to, in conjunction with the above, change prices, stock availability, next shipment dates, and order availability and are subject to change without notice.
- Customer acknowledges that the documentation and information that accessible by Customer through ARB Electrical Wholesalers Portal shall be deemed to be classified as Confidential Information of ARB Electrical Wholesalers and, as such, disclosure and use of such documentation and information shall be governed by the terms of this Agreement relating to Confidential Information.
- As above, ARB Electrical Wholesalers does not provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
- INVOICES AND STATEMENTS
- Invoices and statements are available for download in ARB Electrical Wholesalers Portal.
- The non-receipt of an invoice by the Customer shall therefore not be considered as a valid reason for late or non-payment.
- The Customer is responsible to verify the accuracy of each invoice and advise ARB Electrical Wholesalers in writing and within a period of ten (10) days from date of invoice if the invoice is incorrect.
- CONTACT INFORMATION
Please contact ARB Electrical Wholesalers (firstname.lastname@example.org) if you have any queries, concerns, or login problems
CUSTOMER’S CONSUMER RIGHTS
You, as a customer, have the following consumer rights:
- Your right to equality in the consumer market and protection against discriminatory marketing practices
- Your right to privacy
- Your right to choose
- Your right to disclosure of information
- Your right to fair and responsible marketing
- Your right to fair and honest dealing
- Your right to fair, just and reasonable terms and conditions
- Your right to fair value, good quality and safety and
- Your right to accountability by suppliers
- When you visit the ARB Electrical Wholesalers website, you consent to receive communication from ARB Electrical Wholesalers electronically and agree that all agreements, notices, disclosures and other communication sent by ARB Electrical Wholesalers satisfy any legal requirements, including but not limited to the requirement that such communications should be “in writing”.
- It is the responsibility and onus of the Customer to ensure that the products and goods are fit for the purpose for which you purchase them specifically in terms of description, price, quantity, measurements and sizes and are in excellent condition and free of any form of defects before you take delivery of the products/ goods.
- If you are not happy with the purchase of the products/goods, then please refer to ARB Electrical Wholesalers’ return policy referred to in this Website.
- . It is important to take note that ARB Electrical Wholesalers will not replace or refund you if the products/goods do not comply with the intended and particular purpose.
- Notwithstanding any other disclaimers contained elsewhere in these Terms and Conditions, ARB Electrical Wholesalers makes no warranty or representation, whether express or implied, about the use of this Website, and the use is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website.
- ARB Electrical Wholesalers disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in in connection with your access to or use of the Website.
- While ARB Electrical Wholesalers will take reasonable measures to ensure that the content of the Website is accurate, complete and timely, ARB Electrical Wholesalers makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website.
- If any such representations or warranties are made by ARB Electrical Wholesalers representatives, ARB Electrical Wholesalers shall not be bound thereby.
FORCE MAJEURE EVENTS
- ARB Electrical Wholesalers will not be liable to you or any other party for any delay or failure in performing its obligations (excluding payment obligations) in terms of these Terms and Conditions due to an event beyond its control.
- It is in ARB’s sole, binding and final discretion as to what constitutes a force majeure.
- Force majeures shall include, but not be limited to the following events: an act of God, fire, flood, earthquake, war, hurricanes.
- Such events must occur to the extent that they render ARB’s business as incapable of being run in totality.
- These terms and conditions contain the entire agreement between the parties in regard to their subject matter.
- No variation or amendment of the agreement concluded between the parties or any term thereof will be binding or have any force and effect unless reduced to writing and signed by or on behalf of the parties.
COMPLIANCE WITH STATUTORY CONSUMER PROTECTION PROVISIONS
- ARB Electrical Wholesalers adheres to the provisions of Chapter VII of ECTA. Chapter VII of ECTA provides protection to consumers and the provisions of ECTA relevant to commercial transactions that may be effected on the ARB website (www.arb.co.za), as well as the information required to be disclosed to consumers in terms of ECTA, are provided for your reference.
- Disclosures in terms of section 43 of the Act: The following information is made available to you in compliance with Section 43 of the Act.
Full Name: ARB Electrical Wholesalers (Pty) Ltd
Registration Number: 2004/012797/07
Legal Status: In business
Directors: BG Burke (Chairman), JM Burke (Director), AYM Modise (Non Exec), Sizakele Xulu (Non Exec), Tshepo Tshotetsi (Non Exec)
Registered Office: 10 Mack Road, Prospecton, PO Box 26426, Isipingo Beach, 4115
Physical Address: 10 Mack Road, Prospecton, Durban
Telephone Number: 031 910 0200
Website Address: www.arb.co.za
E-Mail Address: email@example.com
Self-regulatory or accreditation body: none.
Address for service of all legal documents: 10 Mack Road, Prospecton, PO Box 26426, Isipingo Beach, 4115
Terms and conditions upon applicable on registration as an ARB Certified Solar Professionals initiative
The following terms and conditions shall govern this initiative and be binding between the parties herein.
- The Installer hereby confirms that they have read and understand the requirements set forth by ARB in the application form submitted for the participation in this initiative;
- The Installer hereby undertakes to ensure that compliance with the key performance indicators as set out in the application;
- The Installer has no authority to bind ARB to any negotiations and/or agreement entered into with any party whatsoever;
- It is expressly agreed that the Installer shall not make any representations and/or warranties that would lead to the assumption that ARB is a party to any agreement entered into between the Installer and any party whatsoever;
- The Installer hereby agrees to comply with all of the requirements set forth and acknowledges that failure to comply will result in removal from the programme;
- The installer shall be required to ensure that their conduct either by an act and/or omission does not bring disrepute to ARB. ARB reserves the right to claim for any and all damages suffered alternatively incurred either intentionally and/or negligently through an act or omission by the Installer;
- The Installer shall not be entitled to provide any warranty or guarantee to the customer other than that given by the OEM specific to the product/s purchased.
- All good purchased by the Installer shall be subject to our in-store terms and any other terms and conditions contained in our quotation. ARB reserves the right to change any of these terms and conditions without prior notice to the Installer.
DISCLAIMER ON USAGE OF THE ARB CERTIFIED SOLAR PROFESSIONALS NETWORK
By the utilisation of the ARB Certified Solar Professionals Network and requesting a quotation from one of our Certified Installers, the user agrees to the terms and conditions of such usage contained hereunder:
- The user hereby agrees and acknowledges that the Certified Solar Professionals Network is a value-added benefit to the user at no cost whatsoever;
- The purpose of Certified Solar Professionals Network is to assists the user in sourcing a reputable solar installer in accordance with the industry norms and standards;
- ARB will endeavour to assist the user to facilitate the enquiry for the purchase of a solar system in accordance with their requirements and/or preferences;
- Any and all goods purchased by the Installer for and on behalf of the user shall be purchased through ARB;
• Any goods purchased from ARB will be subject to the our in-store terms which can be found on https://arb.co.za/in-store-terms/. Such terms and conditions are to be used in conjunction with our solar terms and conditions;
- All solar related goods purchased from ARB are subject to the Manufacturer’s warranty. A copy which will be provided on request. Please note that the User’s first point of contact shall be the Certified Solar Professional and not ARB;
- Any and all arrangements alternatively purchases affected by the user through the Certified Solar Professional is solely governed by the negotiations and agreement reached between the user and the Certified Solar Professional;
- The user explicitly agrees that ARB is not a party to any agreement in any manner or form entered into between the Certified Solar Professional and the User;
- The User is aware that in the event of a dispute between the Certified Solar Professional and the User, ARB shall endeavour to assist with the mediation of any dispute however, shall in no way be liable to either party whatsoever.