Terms & Conditions
Description of good and services
Card acquiring and security
Customer details separate from card details
Merchant Outlet country and transaction currency
Buyer expressly agrees that Seller’s Invoice and these Terms and Conditions of Sale represent the complete agreement of the parties with respect to the sale of the product(s) listed on the Invoice and no different or additional terms or conditions in Buyer’s purchase order or in any other prior or subsequent communications in any way adding to, modifying or otherwise changing these Terms and Conditions of Sale shall be binding upon Seller.
Acceptance of orders
Seller may accept buyer’s offer to purchase and shall be bound to supply the applicable Goods in accordance with these terms and conditions either by execution of the acknowledgment copy of the order, or acceptable electronic transmission, delivery of the Goods to CAI or by any other statement, act or course of conduct which constitutes acceptance under applicable law.
Unless otherwise indicated on the face of the invoice, all prices are quoted as is. Buyer is responsible for any tax or government charges imposed upon the sale or transfer of the Product. Buyer shall not have any right to set off any amounts due hereunder against any amounts which may become payable to Seller under any other agreement.
Subject to availability and receipt of payment, requests will be processed within 2 days and delivery confirmed by way of email. All worksheets are sold in a digital format and the buyer has access to download said products immediately after the transaction is completed and payment has been confirmed.
Tutoring, either face-to-face or online, will commence at exactly the agreed upon time and any late commencement will not warrant an extension of time. Should a tutoring session commence late due to the fault of Shaati Education, all efforts shall be made to reschedule the session at a time that suit both parties.
Unless otherwise agrees in writing signed by an officer of the Seller, all delivery dates for physical items are estimates. Seller shall use its reasonable efforts to deliver all products within the time specified; however, in no case shall Seller be liable for any expense, loss or damage whatsoever suffered by Buyer as a result of the Seller’s failure to deliver products by the specified date.
Transportation and risk of loss
The method and route of shipment are at Seller’s discretion unless Buyer timely supplies explicit instructions otherwise. Title to the product passes to Buyer when products are delivered to the selected carrier, even if Seller made a nonconforming tender. Buyer attempts to revoke acceptance of the Product, or Buyer repudiates this document after the Products have been identified hereto.
Cancellation or modification
Any order placed with and accepted by Seller may be cancelled by Buyer only upon Seller’s approval in a writing signed by an officer of Seller and upon terms that indemnify Seller against any loss. No cancellations of tutoring sessions will be allowed after the time slot has been booked. Seller will not accept order cancellations of physical goods once a product has been delivered to a carrier, without charging a cancellation fee of twenty-five percent (25%) of order value to recover retrieval costs incurred. Seller will not accept cancellations of special orders of non-standard, non-price list products. Seller may cancel all or any part of this order and discontinue its performance hereunder without liability to Buyer in the event Buyer materially breaches this contract, becomes insolvent, is the subject to bankruptcy protection, or is the subject of a receivership, liquidation, dissolution or similar proceeding.
Buyer is responsible for any tax or governmental charge imposed upon the sale or transfer of any product. Any such tax or governmental charge will be added to the total invoice amount. All prices are FOB Seller’s facilities. Applicable freight costs will be added to the invoice.
Warranty and disclaimer
Seller warrants that the purchased product(s) is/are free from defects in materials and workmanship at the time of delivery. If an analysis is stated on the face of the Invoice, it is not intended to be a complete analysis and is not to be regarded as a specification or warranty, unless specifically stated in writing to be such.
Limitation of liability
Buyer acknowledges and agrees that seller’s liability for any claims with respect to the products shall not exceed the amount paid by the buyer for the products under the invoice. Such limitations on seller’s liability hereunder shall apply even if seller’s liability is due in whole or in part to its own negligence. Any action by or on behalf of Buyer or its successors or assigns for breach of this document must be commenced within one (1) year after the cause of action has accrued.
Return of material
The provision of goods and services by Shaati Education is subject to availability. In cases of unavailability, Shaati Education will refund the client in full within 30 days. Cancellation of orders by the client will attract a 20 % administration fee.
Upon delivery of physical products, the buyer shall have three (3) days to inspect said products and notify Seller, in writing, of any defective goods or other cause for rejection. Buyer agrees that the three (3) day period provides Buyer with a reasonable opportunity to inspect the product. Such notification shall identify each and every reason for any rejection of Product. Buyer’s failure to reject Product within such three (3) day period shall constitute a waiver of Buyer’s inspection right and an unqualified and irrevocable acceptance of the Product by Buyer.
Buyer shall defend, indemnify and hold harmless Seller and its affiliated or related companies from and against any and all claims, losses, liability, damages and expenses including, but not limited to, attorneys’ fees and cost of defense arising from, related to or in any way connected with or alleged to arise from or out of any asserted deficiencies or defects in product caused by any alteration or modification thereof by Buyer with or without Seller’s consent, or improper handling or storage by Buyer, the breach of any term or condition stated herein, Buyer’s failure to label Product or Buyer’s improper labeling of product regardless of whether the labeling was done with or without the advice of Seller, or any act or omission of Buyer including any Claims for or resulting from any injury to person (including death) or damage to property or for economic loss, several or comparative negligence, breach of agreement, breach of warranty or other breach of duty of or by Indemnitee or as a result of Indemnitee’s strict or other product liability. The foregoing indemnification shall not be construed to eliminate or in any way reduce any other indemnification or right which Indemnitee has by law.
Payment may be made via Visa and MasterCard. Amounts not paid within one (1) day are overdue and shall accrue interest at a rate of one and one-half percent (1-1/2%) per month or the highest allowed by law, whichever is less. Buyer shall reimburse Seller for any costs incurred in collecting past due sums or any other amounts owed by Buyer for any reason whatsoever, including, but not limited to, court costs and attorneys’ fees.
Country of domicile
Shaati Education contact details
Governing law and arbitration
This document shall be interpreted and governed by the law of the Republic of South Africa, excluding its conflicts of laws rules. The parties specifically exclude the application of the United Nations Convention on the Sale of Goods.