Terms & Conditions
1. DEFINITIONS
1.1 “The Company” and/or “ the Seller” means East Elite Lifting Equipment (Pty) Ltd.
1.2 “The Purchaser” and or “Buyer” means the party who has placed an order with the Company.
1.3 “Order” means any contract or agreement arising out of the acceptance of any quotation to purchase Product(s) or Service(s) from the Company.
1.4 “Goods”, “Product(s)” and/or “Service(s)” means the subject matter of the order as supplied or to be supplied by the Company.
2. ORDERS AND ACCEPTANCE
2.1 These terms and conditions shall apply to all invoices in terms of which the Company agrees to sell Product(s) and/or Service(s) to the Purchaser.
2.2 The acceptance of any order is subject to the availability of the Product(s) at date of acceptance.
2.3 A Contract shall come into existence when the Company accepts an order placed by the Purchaser for delivery of Product(s) and/or Service(s) or when the Purchaser accepts any quotation.
2.4 All orders cancelled are subject to a handling charge
3. PURCHASE PRICE
3.1 The purchase price payable by the Purchaser for the Product(s) and/or Service(s) shall be the Company’s quoted Price for such Product(s) and/or Service(s) at the date of dispatch of the Product(s) and/or Service(s), unless otherwise agreed to in writing by the Company.
3.2 The Company reserves the right to vary its list prices from time to time without notice to the Purchaser.
3.3 All quotations are valid for 7 days.
3.4 Load testing and load test certificates are not included unless otherwise specified. This is an optional extra and must be requested on order.
4. DISCOUNTS
Prices are strictly nett, and are not subject to any discounts unless otherwise agreed to in writing by the Company.
5. RISK
5.1 The risk in the Goods shall pass from the Seller to the Buyer upon delivery/collection of the Goods to the Buyer. Collection by a courier service will be regarded as collected by the Buyer.
5.2 Notwithstanding delivery and the passing of risk in the Goods to the Buyer, the title and property of the Goods, including full legal and beneficial ownership, shall not pass to the Buyer until the Seller has received payment in full for all goods delivered to the Buyer under this and all other contracts between the Seller and the Buyer for which payment of the full price of the goods there under has not been paid.
All Equipment Not collect within 6 Months will be disposed of.
6. DISCLAIMER
6.1 The Company shall under no circumstances be liable for any loss of profit or any damages whether direct or indirect, consequential or otherwise, sustained by the Purchaser arising from any cause whatsoever, including any damages arising as a result of the negligence of the Company, its servants, agents and sub- contractors.
6.2 The use of the Website 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.
6.3 In addition to the disclaimers contained elsewhere in these Terms and Conditions, East Elite Lifting Equipment also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of East Elite Lifting Equipment, its employees, agents or authorised representatives. East Elite Lifting Equipment thus 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.
6.4 Any views or statements made or expressed on the Website are not necessarily the views of East Elite Lifting Equipment, its directors, employees and or agents.
6.5 Although Goods sold from the Website may, under certain specifically defined circumstances, be under warranty, the Website itself and all information provided on the Website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.
6.6 East Elite Lifting Equipment takes reasonable measures to ensure that the content of the Website is accurate and complete, East Elite Lifting Equipment 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 East Elite Lifting Equipment representatives, East Elite Lifting Equipment shall not be bound thereby.
7. WARRANTIES AND CLAIMS
7.1 The hydraulic pump and electrical components on new equipment are warranted for 6 months against parts that fail due to faulty material or poor workmanship, excluding customer abuse, incorrect use or negligence. Units to be returned to us for possible claims. Warranty excludes all wheels, brushes, padding, bushing and bearings which will fall under fair wear and tear.
7.2 Regular services must be performed by East Elite Lifting Equipment for warranty validity. Enquire about your products required service interval.
Repairs and servicing may only be carried out by East Elite Lifting Equipment.
7.3 Electrical Parts & Batteries supplied are warranted for 6 months against maurfacturing defects, excluding customer abuse, incorrect use, negligence or power surging. Parts must be fitted by a qualified technician. Parts to be returned to us for assessment for possible claims
7.4 Warranty will be null and void if any modifications or alterations are carried out.
Traveling and delivery costs are not included in the warranty.
7.5 Warranties are not transferable they are linked to the original buyer and the product’s identification number. This means that if the product is sold or given to someone else,the warranty does not apply to them.
8. RETURN OF GOODS
Please refer to our Returns Policy for more information about returning products (and related refunds, or repairs). The Returns Policy is incorporated by reference (which means that it forms part of these Terms and Conditions)
This Policy applies to products bought from East Elite Lifting Equipment.
This Policy forms part of the East Elite Lifting Equipment Terms and Conditions, and so words defined in the Terms and Conditions have the same meaning in this Policy, unless the context indicates otherwise. Nothing in this Policy is intended to limit your rights in any way.
8.1 The Company does not accept the return of Product(s), other than Product(s) delivered in error such Product(s) may be returned to the Company after agreement by the Company in writing, within 7 (seven) days of receipt thereof by the Purchaser.
Invoice/document numbers must always be quoted when a request for a credit for such Product(s) contemplated herein is made.
8.2 All goods returned will be in the same condition as when originally delivered by the Company. Failure to comply with requirement will nullify any further claims for credit against the Company
8.3 The Company may in its sole discretion and subject to such conditions or charges as it may impose, agree in writing to accept other returns. A 20% (twenty percent) handling fee will be charged for all correctly supplied goods.
8.4 Returned undamaged to the Company within 7 (seven) days of receipt thereof by the Purchaser; and are in their original packaging and have not been unpacked or used and are not defaced or have any markings.
8.4.2 The transport of any goods for any reason back to the seller will be for the buyer’s account.
8.5 No returns or credits for special or custom units including back ordered items.
8.6 No electronic products are returnable
All Items not collected within 14days will incur storage cost.
9. FORCE MAJEURE
9.1 The Purchaser shall not have any claim of any nature whatever against the Company for any failure by the Company to carry out any of its obligations under the Contract as a result of vis major, including but without being limited to any strike, lock-out, shortage of labour or materials, delays in transport, accidents of any kind, any default or delay by any sub-contractor or supplier of the company, riot, political or civil disturbances, the elements, any act of any State of Government, any delay in securing any permit, consent or approval required by the Company for the supply of Product(s)s under the Contract or under any other authority, or any other cause whatever beyond the Company’s control.
9.2 If the supply of Goods or materials or the provision of Service(s) is delayed or prevented by reason of (but not limited to) industrial action, breakage of machinery, Act of God or by any other reason whatsoever outside the reasonable control of the Seller, the period for completion of the contract shall be extended to such extent as is reasonable having regard to the circumstances.
10. APPLICABLITY
These terms and conditions shall apply to any Contract in terms of which the Company agrees to sell Product(s) and/or Service(s).
11. WAIVER
11.1 No alteration or variation of these terms and conditions shall be of any force and effect, unless expressly agreed to in writing by the Company and signed by an authorised representative of the Company and the Purchaser.
11.2 Any latitude allowed by the Company shall not be construed as a relaxation or waiver of the Company’s rights to enforce its rights at any stage.
11.3 No waiver by the Seller of any breach shall be treated as a waiver of any subsequent breach of the same or any other provision.
11.4 If any provision of the Conditions is held by a court or other competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of the Conditions and the remainder of the provision in question shall not be affected.
12. Changes to these Terms and Conditions
12.1 East Elite Lifting Equipment may, in its sole discretion, change any of these Terms and Conditions at any time. It is your responsibility to regularly check these Terms and Conditions and make sure that you are satisfied with the changes. Should you not be satisfied, you must not place any further orders on, or in any other way use, the Website and or Direct.
12.2 Any such change will only apply to your use of this Website after the change is displayed on the Website. If you use the Website after such amended Terms and Conditions have been displayed on the Website, you will be deemed to have accepted such changes.
13. Copyright and Ownership
13.1 The contents of the Website, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trademarks, designs and service marks which are displayed on or incorporated in this Website are protected by law, including but not limited to copyright and trademark law.
13.2 The Website Content is the property of East Elite Lifting Equipment, its advertisers and/or sponsors and/or is licensed to East Elite Lifting Equipment.
13.3 You will not acquire any right, title or interest in or to the Website or the Website Content.
13.4 Any use, distribution or reproduction of the Website Content is prohibited unless expressly authorised in terms of these Terms and Conditions or otherwise provided for in law.
13.5 To obtain permissions for the commercial use of any Website Content contact us via email. Where any of the Website Content has been licensed to East Elite Lifting Equipment or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time, and you agree to comply with such third-party terms and conditions.
14. PRIVACY POLICY
This Privacy Policy applies to all users of our Website, related mobi-sites and software applications, collectively referred to as “our Platforms”, which are used to access and purchase our products and services.
This version of the Privacy Policy replaces any preceding privacy policy provisions on our website. We may occasionally update this Privacy Policy. When you use our Platforms the version of the Privacy Policy posted on this page applies to you.
The purpose of this Privacy Policy is to set out how, why and when East Elite Lifting Equipment Online (Pty) Ltd t/a eastelite uses your Personal Information so as to comply with the Protection of Personal Information Act 4 of 2013 (“POPI”).
It is important that you read this Privacy Policy together with our other terms and conditions, privacy notices or policies we may provide from time to time when we collect or use your Personal Information.
Further, please pay special attention to the clauses in this Privacy Policy that appear in similar text and style (i.e. bold) which:
may limit the risk or liability of East Elite Lifting Equipment or a third party.
may create risk or liability for the user.
may compel the user to indemnify East Elite Lifting Equipment or a third party.
serves as an acknowledgement, by the user, of a fact.
We respect your privacy and take the protection of Personal Information very seriously. We strive to deliver excellent service every time you shop with us, and to do this, we need to use some of your Personal Information. This Privacy Policy describes how we handle the Personal Information we collect about you and/or receive from you. By using our Platforms, you agree to the processing of your Personal Information as set out in this Privacy Policy.
“Personal Information”, and “process/processing” bear the same meanings as set out in POPI.
refers to every person that accesses or uses our Platforms also referred to as a user.
refers to anyone registered on our Platforms and has provided us with a unique email address and password as well as other Personal Information in order to order goods and services on our Platforms.
IF YOU ARE BELOW THE AGE OF 18
If you are below the age of 18 years, you must always get permission from your parent or guardian before you use our Platforms or give us your Personal Information. We may check that your parent or guardian has given you such permission, for example by asking you to provide us with your parent’s or guardian’s contact details so we can contact them. We may also check that the contact details you have given us are correct and are the details of a person who is actually your parent or guardian. If we are not able to verify such permission or if a parent or guardian confirms that you do not have their permission, you may not use our Platforms.
WHAT PERSONAL INFORMATION WE COLLECT AND PROCESS
processes Personal Information in a manner that is reasonable, adequate, relevant, non-excessive and purpose-specific. In order for users to access and use our Platforms we collect and process some Personal Information. When you become a user, we have to collect and process your Personal Information to render our services to you.
When you use our Platforms, we may collect the following Personal Information:
name and surname – email address – physical address – gender – mobile phone number – online identifiers – date of birth – identification number – location.
Should your Personal Information change or you wish to amend and or correct this Personal Information you can do this by updating your information in your account by email. You warrant that the information you have provided is accurate, current, true and correct and that does not impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.
Information from using our Platforms.
When you access our Platforms, whether or not you are a registered user, processes some of your Personal Information. Depending on how you access and use our Platforms, we may receive:
log information, through online identifiers, including information on how, when and for how long you use our Platforms and other services, the content you view and search queries you submit.
information about the equipment you use to access or use our Platforms, including the type of device you are using, how you access our Platforms, your browser or operating system and your Internet Protocol address.
the geographic location from which you accessed our Platforms, including your device’s global positioning system signal and information about nearby Wi-Fi networks and cell towers. We get this information when you use location-enabled services.
other information about you from third parties, such as social media.
WHY DO WE PROCESS YOUR PERSONAL INFORMATION?
We process the Personal Information we collect and receive to:
identify you; verify your identity; create an account for you; and or enter a contract with you.
As a user, we also process your Personal Information in order to:
fulfil our obligations to you when you have ordered goods in order for us to deliver those goods.
provide you with information, products or services you request from us.
communicate with you regarding our Platforms and provide you with information, products or services, including billing, customer support, resolving complaints and quality control.
Send you information about products or services that may interest you (unless you have opted out of receiving such information). Please note that you may also receive newsletters based on your interests, recent orders and browsing behaviour. To unsubscribe from newsletters sent to you based on your recent orders and browsing behaviours, visit the Newsletter Subscriptions or unsubscribe when receiving such a newsletter.
get feedback from you which we need to develop our products and services and grow our business.
comply with any legal or regulatory obligations such as tax or financial laws.
undertake research for statistical purposes. The research and statistics we get from this process do not include your Personal Information and cannot be linked to you, nor can you be identified from these statistics.
RETENTION AND RESTRICTION OF RECORDS
We keep your Personal Information for as long as:
we need it to provide our Platforms, products or services to you.
it is required or allowed by law and is in line with our internal retention policies.
it is necessary to uphold the contract between you and us.
you have agreed to us keeping your Personal Information subject to your request for us to stop processing your Personal Information.
We will retain your Personal Information for as long as is necessary to achieve the purpose for which this information was collected or subsequently processed. If your Personal Information is used for more than one purpose, we will retain it until the purpose with the latest period expires but we will stop using it for the purpose with a shorter period once that period expires.
By accessing and using the Platform, you consent to us retaining records of your Personal Information for no longer than may be necessary to achieve the purpose for which the information was initially collected or subsequently processed.
USER TRACKING AND COOKIES
When you access and use our Platforms, we may use various technological tools to improve your experience on our websites using cookies and or user tracking.
Cookies are small text files placed on the device that you use to access our Platforms. These files do not contain your Personal Information but allow us to associate you with a particular device. Many websites use cookies, and we use cookies to:
make our Platforms more user friendly.
personalise your interactions with our Platforms, tailor our services and Platforms to your interests and needs, and ensure they work on your device.
provide advertising that is relevant to you, limit the number of times you see the same advertisement and measure the effectiveness of the advertisements on our Platforms and other websites, based on your online activities such as the websites and apps you use or content you view, and information we have about you.
send Opt-In marketing communication if you are not a registered user.
We will not use your Personal Information for any other purpose without your permission.
By accessing and using the Platform, you consent to our use of cookies.
OPT OUT FROM DIRECT MARKETING
You have the right to request us not to contact you for purposes of direct marketing by any form of electronic communication such as automatic calling machines, email notifications by “opting-out” of any direct marketing communications we may send to you.
WHO ELSE GETS TO PROCESS YOUR PERSONAL INFORMATION
We do not sell your Personal Information to third parties for their marketing or any other purposes.
We may provide or make your Personal Information available to:
our employees, the staff of the companies in the East Elite Lifting Equipment and or third-party service providers in order to enable them to assist us to interact with you via our Platforms for the marketing, ordering or delivery of goods. law enforcement, government officials, fraud detection agencies or other third parties when the disclosure of Personal Information is necessary or appropriate in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal or may expose us to legal liability or financial loss, to report or support the investigation into suspected illegal activity.
third parties (such as a potential purchaser and its professional advisors) in the event of any reorganisation, merger, consolation, sale, joint venture, or other disposition of any or all of our assets. our service providers (under contract with us) who help with parts of our business operations (fraud prevention, marketing, public relations, technology services etc). However, our contracts dictate that these service providers may only use your Personal Information in connection with the services they perform for us and not for their own benefit or any other purpose, and must treat such information as confidential information.
SENDING YOUR PERSONAL INFORMATION OUTSIDE SOUTH AFRICA
We may transfer certain Personal Information outside the geographic borders of South Africa to service providers for purposes set out above (Why we process your Personal Information?), including for data storage and back-up purposes to ensure the integrity of our systems.
When we transfer your Personal Information outside of the geographic borders of South Africa, we will ensure that we do so in accordance with the requirements for lawful transfer outside of South Africa as set out in POPI.
By accessing and using our Platforms, you consent to us transferring your Personal Information outside of South Africa as set out in POPI.
Should you disclose your Personal Information to any third party other than East Elite Lifting Equipment, East Elite Lifting Equipment shall not be liable for any loss or damage arising or suffered by you as a result of the disclosure of such Personal Information to any third party. This is because we do not regulate or control how that third party uses your Personal Information. You should always ensure that you read the privacy policy of any third party.
15. Complaints
If you have a complaint about the goods or services provided by us or require information regarding our internal complaints-handling process, please get in touch with us via email on sales@eastelite.co.za
If we are unable to resolve your complaint to your satisfaction or we cannot resolve your complaint within 15 business days of you having notified us of it, you can approach the Consumer Goods and Services Ombud to assist in resolving the complaint.
16. Responsible Disclosure Policy
At East Elite Lifting Equipment, we’ve built our business on the simple principle that our customers come first. We aim to keep our website, mobile site and related software applications (“Website”), as well as the service offered on our Website (“Service”) safe for everyone to use, and data security is of the utmost iimportance. If you have discovered a security vulnerability in our Website or Service, we encourage you to contact us and disclose it to us in a responsible manner.
When security vulnerabilities are reported to us in compliance with this policy, East Elite Lifting Equipment will validate and fix such vulnerabilities as soon as reasonably possible, in line with our commitment to the privacy, safety and security of our customers. We will not take legal action against you or terminate your access to the Service if you discover and report security vulnerabilities responsibly in compliance with this policy. East Elite Lifting Equipment reserves all of its legal rights in the event of any noncompliance with this policy.
If you are looking to report another type of issue, which falls outside of the scope of this policy, for example if you are a current customer and you suspect fraudulent activity or suspect that your account may have been compromised, please contact our support team here. Your issue will be investigated immediately and thoroughly.
17. Reporting a Security Vulnerability
If you think that you have found a security vulnerability in our Website or Service, please contact us immediately. When reporting a security vulnerability, you must do the following:
Include as much information as possible in your report, as we require a way to reproduce the security vulnerability in order to validate and fix it. “Proof-of-Concept” programs, tools, or test accounts that you’ve created are welcome, and the following information is required:
the URL where the vulnerability occurs;
if applicable, the parameter where the vulnerability occurs;
the type of the vulnerability;
a step-by-step instruction how to reproduce the vulnerability;
a demonstration of the vulnerability, by screenshots or video; and
if applicable, an attack scenario (an example attack scenario may help demonstrate the risk and get the issue resolved faster).
Do not share your findings with anyone until East Elite Lifting Equipment has had adequate time to investigate and deploy a fix. We will notify you when the security vulnerability has been patched.
Consider telling us how to identify you.
Our Commitment
If you identify a security vulnerability in compliance with this policy, East Elite Lifting Equipment commits to:
acknowledging receipt of your vulnerability report in a timely manner.
confirming the validity of your report; and
notifying you when the vulnerability is fixed.
We will unfortunately not offer any monetary rewards.
18. Rentals Equipment
Electric driven equipment must have a valid operator License.
All rentals are paid upfront and in full.
Deposit to be paid in full and a refund will be issued within 7 working days from unit returned in good working order.
All equipment must be operated by a qualitied Person.
You (Customer) Fully Indemnify East Elite Lifting Equipment from Injury or death in all categories.
Equipment not returned by dew date will be billed at daily rate for every day the units are outstanding.
Customer takes full reasonability and cost for the equipment (lost /stolen/ Damaged) Cost of repayment of the equipment in full.
All Equipment Rented out Leave in 100% working order. (Repairs cost are for the Customer)
Equipment not returned in the same condition will be billed to customers.
Damages to equipment will be for customer account.
Transport will be quoted as an addition cost to customer.
All Certification is excluded from Product quote and all certification is bill to customer.
19: POPI Act
East Elite Lifting Equipment would like to welcome you to its website. By viewing this website you hereby acknowledge that you have read and accept the following Protection of Personal Information (POPI) disclaimer.
East Elite Lifting Equipment shall take all reasonable measures to protect the personal information of users and for the purpose of this disclaimer “personal information” shall be defined as detailed in the Promotion of Access to Information Act, Act 2 of 2000 (“PAIA”) and the Protection of Personal Information Act, Act 4 of 2013 (“POPI”). The PAIA and POPI Acts are available online at www.gov.za/documents/acts. The amendments listed on www.acts.co.za may be viewed at • www.acts.co.za/prom_of_access_to_info/index.html • www.acts.co.za/protection-of-personal-information-act-2013/index.html
According to these definitions, personal information refers to information that identifies or relates specifically to you, for example, your name, age, gender, identity number and your email address.