Terms and Conditions

Terms and Conditions

The Basics

1: All prices Include VAT. All prices and specs are
subject to change without prior notice.

2: Terms of sale are Cash or electronic funds transfer
only.

3: Rejection of quotation for repair will be charged
R350.00 + VAT.

4: All items returned will only be accepted if still
sealed and only within 5 days.

5: No cash refunds will be made.

6: Component orders placed and not collected within 5
days will be cancelled.

7: A handling fee of R380.00 will be charged for all Pc
and Notebook cancellations.

8: Call Outs will be charged at R420.00 per hour.

9: All products are the sole property of HPL Computers
until paid in full.

Terms & Conditions

Please read these terms of sale carefully before placing
your order and retain a copy of these terms and your order for future reference

1. Format of the Contract

1.1 These terms of sale apply to all goods supplied by
HPL Computers CC, whose registered office is at Unit 2 La Riviera Constantia
Street Strand 7140

1.2 No contract exists between you and the Supplier for
the sale of any goods until the Supplier has received and accepted your order
and the Supplier has received payment in full (in cleared funds). Once the
Supplier does so, there is a binding legal contract between us.

1.3 By way of clarification, an acknowledgement of your
order will be sent to you via e-mail when you place your order, but acceptance
of your offer to buy the goods will not take place until after your payment is
taken and you receive your acceptance e-mail. It is at this point that a
binding legal contract is created and any contract is subject to these Terms
and Conditions.

1.4 The contract is subject to your right of cancellation
(see below).

1.5 The Supplier may change these terms of sale without
notice to you in relation to future sales.

2. Description and price of the goods

2.1 The description and price of the goods you order will
be as shown on the Supplier┤s website at the time you place your order.

2.2 The goods are subject to availability. If on receipt
of your order the goods you have ordered are not available in stock, the
Supplier will inform you as soon as possible and refund or re-credit you for
any sum that has been paid by you or debited from your credit card for the
goods.

2.3 Every effort is made to ensure that prices shown on
the Supplier┤s website are accurate at the time you place your order. If an
error is found, the Supplier will inform you as soon as possible and offer you
the option of reconfirming your order at the correct price, or cancelling your
order. If the Supplier does not receive an order confirmation within 14 days of
informing you of the error, the order will be cancelled automatically. If you
cancel the order, or if the order is cancelled automatically due to the expiry
of the 14 day period, the Supplier will refund or re-credit you for any sum
that has been paid by you or debited from your credit card for the goods.

2.4 In addition to the price, you may be required to pay
a delivery charge for the goods.

3. Payment

3.1 Payment for the goods and delivery charges can be
made by any method shown on the Supplier┤s website at the time you place your
order. Payment shall be due before the delivery date and time for payment shall
be a fundamental term of this agreement, breach of which shall entitle the
Supplier to terminate the contract immediately.

3.2 There will be no delivery until cleared funds are
received.

3.3 Payments shall be made by you without any deduction
whatsoever.

4. Delivery

4.1 The goods you order will be delivered to the address
you give when you place your order, except if you contacted us and maid special
arrangements which we will need written proof of.

4.2 Orders placed before 3.00 pm on a working day will be
processed that day and will be delivered as per the requested delivery option
provided no additional security checks are required and all stock items are
available. (A working day is any day other than weekends and bank or other
public holidays.)

4.3 If delivery cannot be made to your address for
reasons under the Supplier┤s control the Supplier will inform you as soon as
possible.

4.4 If you deliberately fail to take delivery of the
goods (otherwise than by reason of circumstances under control of the Supplier)
then without prejudice to any other right or remedy available to the Supplier ,
the Supplier may:

4.4.1 Store the goods until actual delivery and charge
you for reasonable costs (including insurance) of storage; ( R500 per day insurance included) or

4.4.2 Sell the goods at the best readily obtainable price
and (after deducting all reasonable storage and selling expenses) account to
you for any excess over the price you agreed to pay for the goods or charge you
for any shortfall below the price you agreed to pay for the goods.

4.5 If you fail to take delivery because you have
cancelled your contract under the Distance Selling Regulations the Supplier
shall refund or re-credit you within 30 days for any sum that has been paid by
you or debited from your credit card for the goods. On exercising your right to
cancel you shall be required to return the goods to the Supplier. Should you
fail to return the goods, the Supplier reserves the right to deduct any direct
costs incurred by the Supplier in retrieving the goods as a result of such
failure.

4.6 Every effort will be made to deliver the goods as
soon as possible after your order has been accepted. However, the Supplier will
not be liable for any loss or damage suffered by you through reasonable or
unavoidable delay in delivery. In this case, the Supplier will inform you as
soon as possible.

4.7 Upon receipt of your order you will be asked to sign
for the goods received in good condition. If the package does not appear to be
in good condition then please refuse the delivery. If you are unable to check
the contents of your delivery at the point of delivery then please sign for the
parcel as "UNCHECKED". Failure to do so may affect any warranty
claims that you make thereafter.

5. Risk/Title

5.1 The goods are at your risk from the time of delivery.

5.2 Ownership of the goods shall not pass to you until
the Supplier has received in full (in cash or cleared funds) all sums due to it
in respect of:

5.2.1 the goods, and

5.2.2 all other sums which are or which become due to the
Supplier from you on any account.

5.3 The Supplier shall be entitled to recover payment for
the goods even though ownership of any of the goods has not passed from the
Supplier.

6. Title for Business Customers

6.1 If you are a business customer until ownership of the
goods has passed to you, you must:

6.1.1 store the goods (at no cost to the Supplier)
separately from all your other goods and goods of any third party in such a way
that they remain readily identifiable as the Supplier┤s property;

6.1.2 Not destroy, deface or obscure any identifying mark
or packaging on or relating to the goods; maintain the goods in satisfactory
condition and keep them insured on the Supplier┤s behalf for their full price
against all risks to the reasonable satisfaction of the Supplier. On request
you shall produce the policy of insurance to the Supplier; and

6.1.3 hold the proceeds of the insurance referred to in
condition 6.1.2 on trust for the Supplier and not mix them with any other
money, nor pay the proceeds into an overdrawn bank account.

6.2 If you are a business customer your right to
possession of the goods shall terminate immediately if:

6.2.1 you have a bankruptcy order made against you or
make an arrangement or composition with your creditors, or otherwise take the
benefit of any statutory provision for the time being in force for the relief
of insolvent debtors, or (being a body corporate) convene a meeting of
creditors (whether formal or informal), or enter into liquidation (whether
voluntary or compulsory) except a solvent voluntary liquidation for the purpose
only of reconstruction or amalgamation, or have a receiver and/or manager,
administrator or administrative receiver appointed of its undertaking or any
part thereof, or a resolution is passed or a petition presented to any court
for your winding up or for the grant-ing of an administration order in respect
of you, or any proceedings are commenced relating to your insolvency or
possible insolvency; or

6.2.2 you suffer or allow any execution, whether legal or
equitable, to be levied on your property or obtained against you or you are
unable to pay your debts.

6.1.3 you encumber or in any way charge any of the goods.

6.1.4 All Computers Serviced and supplied by HPL
Computers will have a small link to HPL Computers attached to the parties
Signature information. The only information attached will be as follows:

Computers supplied and Serviced by HPL Computers Tel:021-854-7334

www.hplcomputers.co.za

7. Your right of cancellation

7.1 You have the right to cancel the contract at any time
up to the end of 5 working days after you receive the goods (see below). This
right may only be exercised if the packaging is not opened and the goods are
returned unused.

7.2 To exercise your right of cancellation, you must give
written notice to the Supplier by hand, post or the email / contact us section
of our website, giving details of the goods ordered and (where appropriate)
their delivery. Notification by phone is not sufficient.

7.3 If you exercise your right of cancellation after the
goods have been delivered to you, you will be responsible for returning the
goods to the Supplier at your own cost. The goods must be returned after prior
arrangement to the address stated in the Contact Us section of the website. You
must take reasonable care to ensure the goods are not damaged in the meantime
or in transit.

7.4 Once you have notified the Supplier that you are
cancelling the contract, the Supplier will refund or re-credit you within 30
days for any sum that has been paid by you or debited from your credit card for
the goods. In all cases, as per Distance Selling regulation we will deduct the
delivery / carriage costs from the refund amount. You must return the goods to
us at your own expense using an insured courier service. There will be a charge
of R 200, if you would like us to collect the goods via our own courier instead
of sending the items yourself.. Such refund will be made after deducting
reasonable costs for services rendered such as postage costs, credit card
processing charges, and PC assembly costs (in the case of custom built
computers).

7.5 Except in the case of faulty or mis-described goods,
if you do not return the goods as required, the Supplier may charge you a sum
not exceeding the direct costs of recovering the goods.

7.6 You do not have the right to cancel the contract if
the order is for computer software which has been unsealed by you, or for
consumable goods which, by their nature, cannot be returned, save where a fault
is discovered which could not have been discovered otherwise than by unsealing
the goods. Custom built Computer systems that are built to customer
specifications and the following cancellation charges apply:

Stage Custom Build and built-to-order

Paperwork Stage (within 48 hours of placing the order)
higher of R 2,000 or 5% of Invoice Value

Components Allocated and Build has commenced higher of R
5,000 or 10% of Invoice Value

Build has been completed higher of R 7,500 or 15% of
Invoice Value

Item dispatched, received and in use by customer higher
of R 10,000 or 25% of Invoice Value

7.7 Once you confirm your order as correct a standard
cancellation fee will be at the expense of the customer.

7.8 An order cancelled in transit will incur the standard
cancellation fee plus additional transit costs at the expense of the customer.

7.9 In the event of an order returned due to
non-delivery, the transit costs will be at the expense of the customer.

8. Warranty

8.1 All goods supplied by HPL Computers are warranted
free from defects for 12 months from the date of original invoice. This
warranty does not affect your statutory rights as a consumer.

Where goods are provided with a warranty,

the first 12 months of the warranty covers all parts but excludes all labour
costs involved in replacing the faulty product.

8.2 This warranty does not apply to any defect in the
goods arising from fair wear and tear, wilful damage, accident, negligence by
you or any third party, use otherwise than as recommended by the Supplier,
failure to follow the Supplier┤s instructions, or any alteration or repair
carried out without the Supplier┤s approval.

8.3 If the goods supplied to you are damaged on delivery,
you should notify the Supplier in writing via the Contact Us section of the
website within 48 hours of delivery.

8.4 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 Supplier in writing via the Contact Us section of the website, as
soon as possible, but in any event within 3 days of the date you discovered or
ought to have discovered the damage, defect or complaint. Failure to do so will
mean that the said defect occurred at the time when it is actually reported to
us.

8.5 All TFTS (LCD’s) supplied by HPL Computers Solutions
come with no direct Warranty from HPL Computers. There is a 1 year warranty on
TFT’s provided directly from the supplier. This warranty is provided by the
manufacturer and not by HPL Computers. Like all online computer suppliers HPL Computers
will not entertain any warranty issues regarding dead pixels. These issues must
be dealt with directly with the manufacturer and the manufacturer’s decision
will be final in all cases. All TFT Monitors sold by HPL Computers fit
ISO13406-2 Spec in Class II. Class II is the common class for consumer
equipment.

8.6 Notebook,Power Supply’s & UPS batteries only
carry a 3 month warranty.

8.7 Items that can be repaired will not be swapped out,
this will include all monitors, PSU’s,cases, speakers, scanners,

UPS’s, CD-Roms, DVD’s, CD-RW’s
and stiffy drives.

8.8 The following will result in the warranty being void :

8.8.1 Any physical Damage on the product

8.8.2 Any burn marks on the product or unusual marks
caused by overheating or high heat exposure.

8.8.3 Missing serial number or any other original labels
either written on or removed.

8.8.4 If the items have been marked, written on or
tampered with in any other way.

8.8.5 If the items have been mishandled, struck by
lightning or experienced a power surge.

8.8.6 If the computer seal is broken or the computer has
been opened by an unauthorized person, THE WARRANTY WILL BE VOID. NO EXCEPTIONS

8.9 HPL Computers will not be held responsible for
cables, software, packaging or stands lost once booked in.

8.10 Should your machine be booked in for repair, please
ensure that your hard disk is backed up before sending your machine in to HPL
Computers. HPL Computers will not be held liable, for any kind of data loss
whatsoever. But we will do our best to save all possible information where ever
possible.

8.11 Any repair time given by HPL Computers is merely an
estimate time.

8.12 All original discs and licenses have to be presented if a new installation is to be done. If no Windows OEM Sticker is present on the Computer or laptop, a quote will be given on a new licence. Under Microsoft T&C we are not allowed to install any Microsoft Software without any Original Licences. All Microsoft Office software falls under the same Terms and Conditions. No License, No installation.

9 Limitation of Liability

9.1 Subject to 9.2 below, if you are a consumer the
Supplier shall not be liable to you for any loss or damage in circumstances
where:

9.1.1 There is no breach of a legal duty owed to you by
the Supplier or by its employees or agents;

9.1.2 Such loss or damage is not a reasonably foreseeable
result of any such breach;

9.1.3 Any increase in loss or damage resulting from breach
by you of any term of this contract.

9.2 Nothing in these conditions excludes or limits the
liability of the Supplier for death or personal injury caused by the Supplier┤s
negligence or fraudulent misrepresentation.

9.3 If you are a business customer the Supplier shall not
be liable to you for any indirect or consequential loss or damage (whether for
loss of profit, loss of business, depletion of goodwill or otherwise), costs,
expenses or other claims for consequential compensation whatsoever (howsoever
caused) which arise out of or in connection with this agreement.

10. Data Protection

10.1 The Supplier will take all reasonable precautions to
keep the details of your order and payment secure but unless the Supplier is
negligent, the Supplier will not be liable for unauthorised access to
information supplied by you.

10.2 HPL Computers CC will not be held responsible for any data lost what so ever. Backing up data is the sole responsibility of the user. No exceptions will be accepted. HPL Computers will protect the client data where ever possible, but is still not liable for any data lost.

11. Images

11.1 Product images are for illustrative purposes only
and may differ from the actual product, but we try and show the customer
exactly what they can expect when they buy the products from us

12. Data Recovery

12.1 HPL Computers CC has a data recovery service available on client’s request.

12.1.1 Data recovery will be charged at R1 per megabyte of data recovered. No exceptions. I minimum fee of R500 to a max fee of R6000.00

12.1.2 All data recovered still falls under the Terms and conditions of act 10.2.

12.1.3 We cannot and do not promise any particular results. We will provide reasonable efforts and the application of our existing technology and standard processes. We do not guarantee that any data will be recovered. Also, our attempt to recover the data may result in damage to the device, media, or data, and may even render any data unrecoverable. To the extent possible, you should attempt to back up any available data before submitting it to us.

12.1.4: We do not recover pornography.

We do not supply fraudulent insurance reports and or invoices.

We will not omit VAT or give VAT discounts for any form of payment received.

We will, as required by law, report any illegal activities i.e. the possession of child pornography etc.

Free collect and return shipping within the borders of South Africa is only applicable to pre-approved hard disk drive recoveries. You would therefore be charged for the shipping should the quotation be rejected after having been shipped.

We will add R3000.00 Excl. VAT to all quotations if the drive has been opened prior to it being sent to our lab

Successful Recovery Effort: If we are able to successfully recover data, we will notify you using the contact information you have provided to us and charge you. We will not release your data to you until you have paid for the Services and related costs (including, without limitation, applicable service fees, material costs, new media costs, and shipping costs).

Unsuccessful Recovery Effort: If we are unable to recover any data, we will inform you accordingly and not charge you for the Services. If we are able to recover part but not all of your data, we will inform you accordingly and you may choose to receive the recovered data for the agreed fee.

Return of Original Media: Regardless of the outcome of the recovery work, if you want your original data storage device returned, you will be charged a reasonable fee for shipping and handling. You also will have the option for HPL Computers to dispose of your storage device for a nominal fee, or process disposal of your storage device for a higher fee using a secure destruction process.

Disposal of Abandoned Device, Media or Data after 60 Days: Any device, media, or data left with us without full payment after 60 days from the date of our receipt will be disposed of in our discretion; and you release HPL Computers from any obligation of confidentiality related to the device, media, and data.

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