TERMS AND CONDITIONS OF SALE

These Terms and Conditions of Sale apply to all quotations, sales, and the supply of goods and services by Hagar Distribution cc (“Hagar Distribution”, “we”, “our”, or “us”) to the purchaser (“the Customer”, “you”). By placing an order or accepting delivery of any goods or services, you agree to be bound by these Terms.

Hagar Distribution promises to conduct all aspects of its business in line with current South African and International legislation.
Detailed information on our Code of Conduct, Privacy Policy, Warranty Policy and other such Policies can be obtained on our website (https://www.hagar.co.za/) or by contacting Hagar Distribution in writing.

1. Definitions and Interpretation

In these Terms:
– “Goods” means the products, components, or equipment supplied by Hagar Distribution.
– “Services” means any installation, integration, commissioning, or support work performed.
– “Contract” means the agreement for sale and purchase of Goods or Services between Hagar Distribution and the Customer.
– “Writing” includes email communication.
– “Standard Warranty” refers to Hagar Distribution’s 12-month warranty unless otherwise stated in writing.

2. Orders and Acceptance

All orders are subject to acceptance by Hagar Distribution in writing or by delivery. You are responsible for ensuring that any Goods ordered are suitable for their intended purpose. No variation or cancellation of an order will be valid unless agreed to in writing by Hagar Distribution.

3. Pricing and Quotations

Prices are quoted excluding VAT and delivery unless stated otherwise. Quotations are valid for 30 days unless otherwise specified. Prices may change due to supplier adjustments, exchange rate variations, or external market factors. Where a written quotation is provided and accepted within its validity period, that price will be honoured.

4. Payment Terms

Payment may be made by Electronic Funds Transfer (EFT), cash, or point-of-sale (POS).
Approved account customers are granted 30-day payment terms from date of invoice. Cash customers (COD) must pay prior to or upon collection or delivery. For on-site projects or integration services, a deposit may be required with the balance due upon completion. Overdue accounts will attract interest at 2% above the prime overdraft rate per month, compounded monthly.

5. Delivery and Risk

Delivery dates are estimates only and Hagar Distribution is not liable for delays beyond its control. Risk in the Goods passes to the Customer upon collection or delivery to the Customer or their nominated carrier.
The Customer should ensure they have adequate insurance against any potential damage or loss to the goods. Ownership remains with Hagar Distribution until payment is received in full.

6. Warranty

All Goods carry a standard 12-month warranty from date of delivery, unless otherwise agreed in writing. Warranty covers manufacturing defects under normal use and installation. It does not cover damage due to misuse, mishandling during transit, incorrect installation, lightning, water and floods, corrosion, power surges, insect infestation, sabotage or repairs performed by unauthorised persons. Warranty is valid only once full payment has been received. See our ‘Warranties, Returns, Exchanges, and Repairs’ policy, which is available on our website or by contacting Hagar Distribution in writing.

7. Returns and Credits

Returns must be approved in writing by Hagar Distribution. Returned Goods must be in resaleable condition and accompanied by the original invoice. Incorrectly ordered items may be subject to a 5% handling and restocking fee. Return shipping costs are for the Customer’s account unless the return is due to a verified warranty claim. See our ‘Return Request Form’, which is available on our website or by contacting Hagar Distribution in writing.

8. Limitation of Liability

To the fullest extent permitted by law, Hagar Distribution’s total liability under any Contract shall not exceed the invoiced value of the Goods or Services supplied. We are not liable for indirect, incidental, or consequential losses, including loss of profit, data, or business interruption.

9. Data Protection and Privacy

Hagar Distribution complies with the Protection of Personal Information Act (POPIA). Personal information collected during the course of business will be used solely for legitimate purposes such as processing orders, account management, and customer communication. For details, refer to our ‘Privacy Policy’, which is available on our website or by contacting Hagar Distribution in writing.

10. Force Majeure

Hagar Distribution will not be held liable for any failure to perform due to circumstances beyond its reasonable control, including but not limited to natural disasters, acts of government, strikes, supply shortages, or transportation delays.

11. Governing Law and Jurisdiction

These Terms are governed by the laws of South Africa. Any dispute arising under these Terms shall fall under the exclusive jurisdiction of the Magistrate’s Court of Johannesburg, Gauteng, even if the claim exceeds its monetary jurisdiction.

12. Electronic Communication

Orders, quotations, and confirmations exchanged via email or electronic means are legally binding and enforceable under the Electronic Communications and Transactions Act (ECTA).

13. Entire Agreement

This agreement is the full and final understanding between both parties and replaces anything discussed before. Hagar Distribution does not lose any of its rights just because it allows flexibility or delay once. The Customer can’t claim damages if Hagar Distribution can’t perform due to events beyond its control (vis major). Hagar Distribution can cancel, delay, or partially deliver orders if needed because of supplier problems, disruptions, or changes in demand.