CLEANING EQUIPMENT
SEMCA Cleaning Equipment
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SEMCA Terms and Conditions

Sections

  1. Verification and Communication
  2. Quality Products
  3. Returns
  4. Warranties
  5. Software
  6. Online Orders
  7. Courier / Delivery
  8. Authorized Personnel
  9. Public Interaction

Definitions

Declarations

1. Verification and Communication

The email address of the client, is to be used for the following:

  1. Means of identification of a client profile as a username. That would include:
    • Logging into the SEMCA website to place orders online
    • When emailing SEMCA the email address be automatically detected
    • The email address to be used as the primary identification parameter of the client profile
  2. Primary medium of communication with said client. That would include:
    • Any communication with the client be sent to this email address
    • Any notifications regarding the profile of the client be sent to this email address
    • Statements, invoices or any other documents of the client be sent to this email address
    • Repairs, warranties or any other investigations, operations, orders, disputes or requests be sent to this email address
  3. Usage as signature. That would include:
    • The client may sign documents or agreements with SEMCA using either this email address or another form made available by SEMCA that is reasonable within the framework of the ECTA

2. Quality Products

These Terms and Conditions are made to comply with the CPA. As such, SEMCA supplies very good quality products and renders good service as best possible. Section 55(2) of the CPA says every consumer has a right to receive goods that—:

  1. are reasonably suitable for the purposes for which they are generally intended;
  2. are of good quality, in good working order and free of any defects;
  3. will be useable and durable for a reasonable period of time, having regard to the use to which they would normally be put and to all the surrounding circumstances of their supply; and
  4. comply with any applicable standards set under the Standards Act, 1993 (Act No. 29 of 1993), or any other public regulation.
As such, goods will have a very thorough description of their use(s) and where they ought to be used, which would mainly be found on the website of SEMCA Cleaning Equipment. If these descriptions are not sufficient to the client, then it is the responsibility of the client to consult with SEMCA to provide further information of the goods. If at the time of purchase the client was still not sure of how the goods should be used or whether they are fit for their purposes, then it would not be a reason to file a return for the goods. They will also be durable for a reasonable period of time, depending on the product, how they will be used and for how long they are used.

3. Returns

SEMCA Cleaning Equipment, in line with the CPA Section 20 and Section 56, will accept returns on goods only if they comply with conditions set forth in said Sections of the CPA. If a consumer purchased goods that they are not satisfied with, either by afterwards realizing that they rather would not have spent the funds acquiring the items, or if the items are simply no longer needed, SEMCA may decide on their own terms whether they would accept the items and reserves the right to charge any handling fee.

In the instance that a machine is returned and SEMCA decides to accept the returned goods, if the machine is still in it's original packaging, a fee of 5% may be charged for example. If it is, for instance, a chemical that has aged to a point where it is near its 'expiration' or 'sell by' date, a fee of up to 50% may be charged.

4. Warranties

In line with the implied warranty of CPA Section 56, SEMCA will provide a warranty on good quality goods sold, as defined in Section 55 of the CPA.

According to CPA Section 56(1), the supplier, that is SEMCA Cleaning Equipment, do not have to provide a warranty on goods sold if they comply with the requirements of Section 55 of the CPA, or any other attributes mentioned in the description and use of the goods. SEMCA also does not need to fulfill warranty requests on goods that have merely been used up during its lifespan due to normal wear and tear to the goods.

Warranties will only be honored in the case that the goods are defective and if it is clear that SEMCA Cleaning Equipment supplied goods that do not fulfill the requirements of Section 55 of the CPA, or any other attributes mentioned in the description and use of the goods.

According to Section 57(1) of the CPA, the supplier, that is SEMCA Cleaning Equipment, provides a warranty on any new or reconditioned goods that have been installed during any repair or maintenance work. However, according to Section 57(2) of the CPA, the warranty is void if the goods that have been repaired or installed or the goods where the parts have been installed into, have been subjected to misuse or abuse. The warranty is also void if said goods have been subjected to ordinary wear and tear, as would be expected of such goods.

If any warranty occurs, SEMCA does not authorize the use of external contractors or services by the client to resolve a problem that may have occurred with a product. SEMCA may not be held liable for any costs foregone to repair a product in the case of a valid warranty claim. In the case that a client attempts to repair a product by themselves or by using third-party services, the warranty is fully void and SEMCA no longer carries any responsibility for the expected life of the product. Defective products must be sent back to SEMCA in order to claim a warranty. Any costs foregone to transport a product back to SEMCA will be carried by the client. Once a product arrives at SEMCA for review, a Warranty Request will be opened and the product investigated for factory faults. If a warranty is valid and SEMCA is at fault as clearly stated from the beginning of this section, then SEMCA will renumerate the client for the costs of transport as well as the costs of transporting the goods back to the client. If a client is to send a product back to SEMCA, the decision of which method of transport to use lies solely with SEMCA and the client may not use any service that they deem fit.

5. Software

Exploits within the software that the client uses, regardless of whether they are aware of the exploit, will result in void of all transactions and payments or any commitments made by SEMCA. If the client is aware of such exploit, they should bring it to the attention of IT support at it@semca.co.za. The SEMCA website utilizes several API's of other service providers and as such, can not guarantee an error-free experience. If an error had occurred due to a failure of other service(s) to the SEMCA website, an internal error within the SEMCA website, an exploit or workaround of certain checks, or any other undesired outcome of the software on the SEMCA website, then SEMCA will, on its own accord, refund all funds transferred to SEMCA back to the client. If an unintentional outcome had occurred that was not found to be an error, but merely a bug or a miscalculation, the aforementioned still applies.

Data which is translated into understandable information may not always be correct due to a any number of reasons. Pre-calculations of data, and assumptions made for the sake of performance may result in an an incorrect rendering of information to the client. SEMCA may walk-back any messages, notifications or any means of transferring information or data to the client, including but not limited to confirmation of payment received, confirmation of stock availability, instructions of use of a product and warranty related feedback. These errors will be accompanied with the correction to wherever it may be necessary, such as if a payment did reflect in the bank account of SEMCA after a prolonged period of time, the payment also will be renumerated to the specified account by the client.

Rounding errors with numbers regarding decimal places could occur. If a number is calculated via any mathematical operation and contains decimal spaces beyond 2 indexes after the decimal point, then the number is rounded to two decimal places. In the event that a number has significant implied meaning, such as that of a price of a product, then the including VAT price takes priority over the excluding VAT price. The excluding VAT price is the secondary to the including VAT price which is the primary originating number, meaning that the excluding is calculated from the including VAT number by dividing by the VAT factor(calculated as 1 + VAT rate, where VAT rate would be expressed as a decimal number between 0 and 1) and the result of this calculation is then processed in the same manner as that of the beginning of this paragraph, which is rounding to two decimal places. The total of an invoice or order, in any case, prioritizes the including VAT prices. Thus, the invoice total is defined by the sum of all the including VAT prices, and the excluding is calculated from the including number. The total is accurate for including VAT prices, but the total may not be accurate for excluding VAT prices. The VAT of an invoice is calculated as the total of the invoice or order including VAT, multiplied by the VAT rate(described above), and then rounded to two decimal places. For the sake of minimizing possible propogation of errors, the excluding VAT price is calculated as the including VAT price minus the calculated VAT.

6. Online Orders

Orders may be placed and paid online using any of the below methods:

  1. Secure online payment
  2. *EFT via bank
*Order may only be placed when funds reflect on our system and the credit is shown available on the client's online profile.

Refunds for orders that are not accepted are handled as follows for each type of payment:
  1. Secure online payment

    A backoffice operation will be performed where the online payment will be reversed in full.

  2. EFT via bank

    The client will be contacted regarding the order and will be requested to provide banking details of the bank account where they require funds to be transferred to.

No other means (Eg. Cash, Vouchers) will be used for refunds.

The flow of operations are, in the majority of instances, as follows:
  1. The client decides to purchase an item or items online
  2. The client either decides to pay online, or in the event of a large sum or preference, credits their account via EFT
  3. The payment is successful if stock is available according to precalculated data
  4. The order is pending acceptance from SEMCA
  5. If SEMCA accepts the order, the items are picked
  6. After picking, the client is informed via the website or email that goods are:
    • Either ready for collection or;
    • Ready to be shipped via courier and awaiting courier collection
  7. The goods are collected/delivered
SEMCA may, on its own accord, decide not to accept an order. The reason could be one or several of the below:
  1. A miscount or loss of stock had occurred and SEMCA is incapable of fulfulling the required quantities of the stock ordered for one or several products
  2. Stock of one or more products ordered is scarce and the 'wiping' of stock would result in a shortage for other clients
  3. A change in price had occurred and it would be better for SEMCA not to sell an item or items until the prices are adjusted
SEMCA does not accept any responsibility for any prices on any items quoted for which the prices had changed. SEMCA does not extend dependability on price or stock stability. If a client wishes to purchase a product, the stock of the product is available and the price is what the client wishes to pay, then the best remedy for stability would be to purchase it immediately. If the client must first credit their account with the required amount, then SEMCA cannot guarantee that by the time the funds reflect on their profile that the stock would still be available and the price would still be the same.

A Tax-Invoice will be issued for each order in the following manner.
  1. If an order is made to be collected at SEMCA (unpackaged), then a Tax-Invoice will be issued immediately. The collection code will serve as POD.
  2. If an order is made to be collected at SEMCA (packaged), including any other form of delivery, except that of SEMCA, then SEMCA will allow the client to confirm that their goods have been received in full and per assumption of good quality. Upon confirmation, SEMCA will issue a Tax-Invoice. This online confirmation will serve as POD.
  3. If an order is delivered by SEMCA, a Tax-Invoice will be issued the moment that the recipient signs off that goods are received in full and and per assumption of good quality. SEMCA will utilize any form that expresses a legitimate signature to be used as POD, that includes but is not limited to:
    • Physical pen-on-paper signature
    • Electronic signature by finger or stylus
    • Online confirmation
If in any case the above does not occur first, then the following will be considered the default procedure. If after a week (7 days / 168 hours) an order is not confirmed via the necessary channels manually by the client, then SEMCA will accept the order as delivered and the client satisfied with delivery. A Tax-Invoice will then be generated automatically and the client will be informed that their document is ready to be viewed online. The generation of the Tax-Invoice in this instance does not preclude any other events that had been stated prior of being legitimate. That is, the conditions for a POD still stand for each methods of collection/delivery. If in any case the client or agent collecting/delivering on behalf of the client is not satisfied with the assumptions made, such as collecting from SEMCA (unpackaged), then they must make it known before the goods leave the premises. After then, the assumption is made that the goods had been collected in full and in good quality condition.

When a Tax-Invoice is issued, it is irreversable. Any details that must show on the invoice (primarily the VAT number of the client, should they wish to have it on the invoice) must be entered on the website under Profile > Details. The VAT number must be in place before the order is placed. Except for that, there is no remedy for asking afterwards for a Tax-Invoice to be altered, as it cannot be done.

7. Courier / Delivery

SEMCA provides integration with third-party couriers for the client to request a quote from when placing an order. For this it is required to send and share information of the client required for the delivery, but it may occur that additional information be sent along with the request to the courier. Such information may include but is not limited to the contents of the parcels, such as descriptions, product codes or quantities.

SEMCA may provide it's own delivery service, for which a quoted price may be requested in a similar manner as to that of a third-party courier when placing an order. In the case that SEMCA performs this delivery, SEMCA may prioritize deliveries according to pre-existing routes to cover a larger amount of delivery destinations in one route. SEMCA is not liable for damages incurred after goods were signed off to the receiving party. The client or recipient of the good(s), parcel(s) or consignment(s), upon signing for collection of said items, agrees that in terms of the CPA Section 19(4)(a) to have accepted the goods. During the delivery of said goods, the client may, as stated in CPA Section 19(5), examine and determine whether the goods are as described, as the client is entitled to do in CPA Section 18. At the moment that the client confirms collection of the goods, the client confirms that they have examined the goods and are satisfied with all the goods received.

As defined in CPA Section 19(3), SEMCA may not expect the client to accept delivery of goods at an unreasonable time. SEMCA hereby states, that in the event that SEMCA performs deliveries, the delivery would take place on a weekday, between 9:00 and 16:00 at the specified location. SEMCA will, to the best of their abilities, notify when delivery is scheduled for a specific order as well as notify the client when the delivery vehicle is within a reasonably close distance to the delivery location. Deliveries should take place within a week, but may take up to two weeks depending on the location and frequency of other orders in the same vicinity of the client.

SEMCA will attempt delivery two times for a delivery destination, upon which failing to deliver both times shall resort to requiring the client to collect themselves under the same terms as that of 'Collect at SEMCA (packaged)' where dimensions and weight of all packages will be available to the client to arrange their own collection. SEMCA reserves the right to attempt delivery more than two times, but this should not be taken as a given and the standard count on record is two attempts.

SEMCA may use geolocation to establish whether the delivery had taken place, utilizing longitude and latitude to verify a delivery location and to use it to confirm correct delivery of goods.

8. Authorized Personnel

SEMCA hereby states, that employees, salespersons, representatives or agents does not have the authority to negotiate the terms of, or conclude, an agreement on the behalf of SEMCA Cleaning Equipment. This is in support of the CPA section 41(3)(h) to remove possible misleading or false statements that said persons are authorized to do so.

Terms or negotiatians of an agreement are to be done solely by the owner(s) and individuals whom have written permission from the owners to do so.

9. Public Interaction

SEMCA reserves the right to interact with the public using any means, be it by telephone, email, social media or any other form which is the transfer of information between SEMCA and another party or between parties. In the event that SEMCA has a dispute or a client that is dissatisfied with a product or service, SEMCA will attempt to rectify the matter discreetly and at the discretion of SEMCA, it's employees and affiliates, salespersons or any other individuals or entities acting along with or on the behalf of SEMCA, as well as the discretion of the client. If the client decides to bring the dispute or disagreement or any other instance which involves a discreet matter between the aformentioned affiliates of SEMCA or SEMCA itself, and the client, to a public forum, then SEMCA reserves the right to engage along with the client on this public forum to discuss the dispute or matter. SEMCA may, during this discourse, cite exchanges between the client and SEMCA, as well as all the steps taken and efforts made by SEMCA to resolve the matter discreetly.