All materials presented on the domain www.phoenix-tech.net are Copyright © 2009- Phoenix Technology Corporation CK No: 2009/121248/23 and may not be used without permission.
1.1 These terms apply to Phoenix-tech.net/SA and Phoenix Technology Corporation(service and Vendor "South Africa").
1.2 These terms cover the supply of all our products and services (the "goods") from the Vendor.
1.3 The contract is subject to your right of cancelation.
1.4 Any contract between you and the vendor is subject to these terms and conditions.
1.5 The goods remain the property of Phoenix Technology Corporation until paid for in full.
1.6 The vendor shall be entitled to recover payment for the goods notwithstanding that ownership of any of the goods has not passed from the vendor
2 Description, Supply and Price Policy
2.1 Any images shown on the web site are for illustration only.
2.2 We do not warrant the suitability of goods for a particular purpose, and you should check specifications and suitability with manufacturers before ordering.
2.3 The vendor is not responsible for minor variations in specification or description that are unavoidable or arise as a result of manufacturer changes. Any such changes will not rescind the contract.
2.4 If the vendor cannot supply the goods ordered by you, the vendor reserves the right to offer goods of equal quality at no extra cost. If you do not wish to accept the alternative goods offered, you may cancel the order.
2.5 Availability of products - The display of products is not necessarily a guarantee of the availability of a product and that certain products may not be in stock at the time of submitting your order and delivery may therefore be delayed. However, cancelation of your order is possible if both parties agree in writing that the duration of the delay is unreasonable.
2.6 The vendor reserves the right to vary the quoted price of the goods either upwards or downwards in line with fluctuations in the market price.
2.7 Every effort is made to ensure that prices shown on the vendor's website are accurate at the time you place your order. If an error is found, the vendor will inform you as soon as possible and offer you the option of reconfirming your order at the correct price, or canceling your order.
2.8 Unconfirmed & Unpaid (Queued) orders will be canceled after 7 days.
2.9 Delivery charges are applicable for the goods unless otherwise stated by a promotion.
3 Payment Policy
3.1 Payment is made in South African Rand only
3.3.1 The reflection and clearance of a Payment for the full amount in the Phoenix Technology Corporation account.
4 Confirmation and Contract
4.1 The vendor is entitled to refuse any order placed by you.
4.2 A confirmation upon receiving your order request may be sent by email when you order. This does not constitute an acceptance of your offer, and does not constitute formation of a contract.
4.3 A legally binding contract will be created when payment is taken and cleared for your order and at this point in time these terms and conditions will apply except when payment is done via credit card where it will have to pass our Security checks first, upon Security check clearance an email will be sent approving your order.
4.4 The goods are subject to availability. If on receipt of your order request, the goods you have ordered are not available in stock, the vendor will inform you as soon as possible on a ETA and refund or re-credit you for any sum that has been paid by you for the goods if the ETA is deemed unreasonable.
5 Right to Cancelation Policy
5.1 - No goods will be accepted back unless prior authorization by a representative of Phoenix Technology Corporation, and received back complete, and in vendor stock condition, including, but not limited to, the packaging, accessories, drivers, software, cables and manuals.
5.2 - Delivery fees are non refundable for returns or for collection of faulty items.
5.3 - You must take reasonable care to ensure the goods are not damaged in the meantime.
5.4 - If the vendor cannot deliver the goods within 30 days or the Maximum Time Frame of a Indicated ETA you have the right to cancel the order.
5.5 - To cancel your order you must give written notice to the vendor via email
5.6 - Imports and Special Orders
5.6.1 Special Order Items & Imports cannot be canceled once the order is Set to the "Processing Stage"
5.6.2 Decision to cancel the Special Order will entitle you to a Store Credit in the amount paid, NO CASH REFUND will be given on Special Orders.
5.7 - If you cancel after the order has been dispatched then you will be responsible for returning the items to the vendor at your own cost. The pickup of your items will be arranged with the Vendors courier Company of choice. You must take reasonable care to ensure the goods are not damaged in the meantime. (will incur a 15% cancelation fee)
5.8 - You do not have the right to cancel the contract if the order is for computer software which has been unsealed by you, for customized, custom built, or personalized items, or for consumable goods which, by their nature, cannot be returned.
6.1 The Transport costs in the Return of Faulty Products and the re-delivery of the replacement will be fully covered by Phoenix Technology Corporation. However, any components returned to the vendor that are confirmed to have no fault, will be subject to a testing charge of R150.00 + the return shipping charge. Any variation in the testing or shipping charge is at the sole discretion of the vendor.
6.2 PC Systems that have been assembled by the Customer will incur a R350 Disassemble and re-assembly testing fee. (unless the Customer is in possession of a MCSE or A+ Certification)
6.3 If the goods supplied by the vendor are damaged on delivery, non-functional on arrival, missing any part, or differing in quality or description from what was agreed, you should notify the vendor by email within 48 hours. This period may be extended at the sole discretion of the vendor.
6.4 No claim for externally damaged items will be accepted if you have signed for the goods in good condition. If you are unable to check the condition of the goods upon delivery then write UNCHECKED next to your signature.
7 Manufacturers Warranty
7.1 All goods supplied by the vendor are supplied with a Manufacturers Warranty that guarantees that the goods will be free of defects for 12 months unless otherwise stated.
7.2 If the goods supplied to you develop a defect while under warranty or you have any other complaint about the goods, you should notify the vendor by email as soon as possible.
7.3 Any Manufacturer warranty does not affect your statutory rights as a consumer.
7.4 During the warranty period the Transport and return costs will be covered by Phoenix Technology Corporation, except in cases where the Return policy procedures are true and present. (please refer to the Return Policy if unclear)
7.5 This warranty does not apply to any defect in the goods arising from fair wear and tear, willful damage, accident, negligence by you or any third party, used otherwise than recommended by the vendor, failure to follow the vendor's instructions, or any alteration or repair carried out without the vendor's approval
8 Vendor's Liability
8.1 The vendors total liability in contract, tort (including negligence or breach of statutory duty), restitution, misrepresentation, or otherwise, for any default or breach whatsoever, howsoever rising, shall be limited to the price paid for the goods as shown on the invoice.
8.2 You are responsible for keeping backups of your data and we are not liable for any data loss whatsoever, howsoever arising.
8.3 The vendor is not liable for any indirect or consequential loss or damage including, but not limited to, loss of profit, loss of business, loss of goodwill, damage to trading relationships, costs, howsoever caused.
8.4 The vendor will not accept any liability for any loss incurred as a result of delayed or failed delivery. Any delivery dates given are estimated unless agreed in writing by an authorized representative of Phoenix Technology Corporation.
8.5 Nothing in this agreement shall limit the vendor's liability for death or personal injury caused by its negligence.
9.4 No claim for missing parcels from consignments shall be accepted if you have signed for the correct number of parcels upon delivery.
10 Data Protection
10.1 The Service will take all reasonable precautions to keep the details of your order and payment secure but unless the Service is negligent, the Service will not be liable for unauthorized access to information supplied by you.
11 General
11.1 If any provision in these terms is held to be invalid or unenforceable, it shall be deemed severed from these terms and this shall not affect the validity or enforceability of the remaining terms.
11.2 This contact is made in South Africa and governed by South African law and South African courts.
11.4 Phoenix Technology Corporation reserves the right to change these terms without notice for all future sales.
11.5 The headings are for convenience only and shall not affect the interpretation of these terms.
11.6 Any variation of these terms must be in writing and signed by an authorized representative of Phoenix Technology Corporation.
Computer Hardware
