Standard Terms and Conditions

Important Notice

These Terms of Use apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”). These Terms of Use may contain provisions which:

Your attention is drawn to these terms (in bold font) because they are important and should be carefully noted.

If there is any provision in these Standard Terms and Conditions that you do not understand, it is your responsibility to ask us to explain it to you before continue using the Website.  Nothing in these Standard Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or the us in terms of the CPA.

1. DEFINITIONS

a. In these Terms and Conditions:

i. “Agreement” means these Standard Terms and Conditions, the Customer order, and any written amendments thereto.
ii. “Company” or “PERI” ("we", "us" and "our") means PERI Formwork Scaffolding Engineering (Pty) Ltd.
iii. “Customer” or "Registered user" ("you", "your" or "user") means the company, partnership, other corporate entity, or person who agrees to purchase the Product from PERI.
iv. “Force Majeure” means any act, occurrence, condition, or event beyond the control of a party that materially affects the performance of that party’s obligations under this Agreement that could not reasonably have been foreseen or provided against (including strikes, riots, insurrections, wars, terrorism, military or national emergencies, acts of Governmental Body, catastrophes, natural disasters, power outages and interruptions and fire), but does not include general economic or other conditions affecting financial markets generally.
v. “Product" means the product together with any parts, accessories, replacements, or additions, now or hereafter related to or affixed thereon. Any reference to the Product shall, where appropriate, include a reference to part of it.
vi. “Website” means the website hosted by PERI on which this Agreement is posted and operating from the URL https://shop.peri.co.za
vii. “User” or “Users” mean any persons or entities using the Website, including without limitation every Customer or Registered user.


2. ENTIRE AGREEMENT

a. Please review these Standard Terms and Conditions carefully. Your use of this Website constitutes your agreement to follow and be bound by these Standard Terms and Conditions and the Terms of Use of PERI.
b. PERI reserves the right to modify this Agreement at any time at its sole discretion without prior notice. Any modifications to the PERI Terms of Use or the PERI Standard Terms and Conditions will be posted on the Website. If you do not agree to these terms or any updated terms posted on the Website, please do not use this site.
c. This Agreement governs the ordering, sale and delivery of Product, and the use of the Website.
d. The Agreement as defined herein forms the entire agreement between PERI and the Customer and no other express or implied terms, written or oral, shall be incorporated into the Agreement.
The Agreement applies to any order for Product placed by the Customer and the Customer and PERI are each bound hereby as of the date of the order. The Customer further agrees that its use of the Website, even without the placement of an order, represents its acknowledgement and acceptance of the use of the Website as contained in this Agreement.
e. This Agreement is binding and enforceable against every person or entity that accesses or uses this Website, including without limitation every Customer or Registered user. By using this Website and by clicking on “Login”, “Request Activation” or “Create Account”, as may be applicable, you acknowledge that you have read and agree to be bound by these Standard Terms and Conditions.
f. Any provision of this Agreement prohibited by or unlawful or unenforceable under any applicable law shall, be ineffective and severable from this Agreement without invalidating the remaining provisions of this Agreement.
g. This Agreement applies to users who are consumers for purposes of the Consumer Protection Act, No 68 of 2008 (the “CPA”).
h. Nothing in this Agreement is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either the Customer, User or PERI in terms of the CPA.


3. SALE OF PRODUCT

a. Unless otherwise stated in writing by PERI, prices are quoted in South African Rand and payable on a component basis.
b. The price of Product and other prices referred to on the Website includes VAT.
c. PERI hereby sells to the Customer the Product listed in the Customer order.
d. The Customer will pay to PERI the purchase price for the Product listed in the Customer order, any applicable delivery charges, and applicable taxes.
e. Upon discharge by the Customer of its obligation under this Agreement, the Customer shall acquire title to and ownership of the Product free of encumbrances caused by PERI.
f. Only Registered users may place orders for Product, which PERI may accept or reject. Whether or not PERI accepts an order depends on the availability of Product, correctness of information relating to the Product, including without limitation the price, and receipt of payment or credit authorization by PERI.
g. PERI will indicate the acceptance of your order by delivering the Product to the Customer or allowing the Customer to collect it, and only at that point will an agreement of sale between the Customer and PERI come into affect (the “Sale”). This is regardless of any communication from PERI stating that the Customer order or payment has been confirmed.  PERI will indicate the rejection of a Customer order by cancelling it, as soon as possible thereafter, refunding the Customer for any amount already paid.
h. The Customer may cancel an order any time provided it is prior to delivery or collection of the Product. After delivery or collection of the product, the Product may be returned only in accordance with the Returns clause 6.
i. The Customer acknowledges that stock of all Product on offer is limited and that pricing may change at any time without notice to the Customer. PERI will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, those Products on offer are discontinued on the Website.  However, we cannot guarantee the availability of stock.  When Product is no longer available after an order has been placed by the Customer, PERI will notify the Customer and the Customer will be entitled to a refund of any amount already paid for by the Customer for such Product.


4. PAYMENT

a. PERI is committed to providing secure online payment facilities. All transactions are encrypted using appropriate and secure encryption technology.
b. Once the Customer has selected the payment method, the Customer will be directed to a link to a secure site for payment.
c. In the case of Customers without a pre-agreed credit facility, Product must be paid for by the Customer when ordered. Payment shall be made by credit card or alternative secure instant EFT payment solutions.
d. In the case of Customers with a pre-agreed credit facility, Product will be paid pursuant to the terms of the Customer credit facility with PERI.
e. PERI may, at any time and at its sole discretion, withdraw with immediate effect a Customer's credit facility on written notice to the Customer.
f. The time for payment is of the essence of the Agreement.
g. All payments and other amounts due from the Customer to PERI under this Agreement shall be made in South African currency and are absolute, unconditional and payable without set off, compensation, counterclaim, or abatement.
h. Where the Customer opts to pay via a pre-agreed credit facility, PERI Credit Standard Terms and Conditions will come into effect.


5. DELIVERY

a. Delivery shall be deemed to take place at the moment of delivering Product to the physical address nominated by the Customer or loading the Product onto the delivery vehicle of the Customer or independent carrier, nominated by the Customer, for transportation to the Customer.
b. A proof of delivery or delivery note shall accompany each delivery of Product. Such proof of delivery or delivery note must be signed for by the Customer on receipt of delivery of the Product. PERI shall not be responsible for the condition of any Product delivered or any discrepancies between the quantities listed on the proof of delivery or delivery note and actual quantities received unless the Customer notifies PERI in writing within 24 hours following the Customer’s receipt of delivery. Failure to notify PERI in writing within 24 hours shall constitute a waiver of every claim or demand concerning the discrepancy in quantities or condition of any Product delivered and the Customer shall be deemed to have unconditionally accepted the Product.
c. PERI shall load the Product for shipping to the Customer. The Customer is responsible for unloading the Product upon delivery to the Customer.
d. The Customer agrees to take delivery of all Product no later than 30 days from the date of the Customer order.
e. PERI shall not be responsible for any delays due to strikes, transportation of Product or any other cause whatsoever. Under no circumstances will PERI be liable for any loss, damage, or other inconvenience of any kind resulting from the lack of performance of a common carrier or other third party shipper.
f. All delivery documents must be signed by an authorized person of the Customer.
g. PERI may deliver Product by separate instalments.
h. If the Customer fails to accept the Product or fails to give PERI adequate delivery instructions, then PERI may, at its sole discretion, do one or more of the following:
i. PERI may store the Product until actual delivery to the Customer or until the Product is disposed of pursuant to this Agreement. The Customer shall be liable for the costs of storage and insurance of the Product under this clause.
ii. PERI may make appropriate arrangements with a common carrier to ship such Product to the Customer on the Customer’s behalf and the Customer hereby declares and agrees that such common carrier shall be the agent of the Customer and all risks of transport and costs incurred by PERI for transport are the obligation of the Customer.
iii. PERI may sell the Product and retain the sale proceeds.
iv. This does not affect any other right or remedy PERI may have under this Agreement.
i. Any delivery dates stated in the Agreement are approximate only and PERI is not liable for any delay in delivery of the Product, however caused.
j. PERI shall notify the Customer if PERI is unable to deliver the Product during the delivery period. Customer may then, within 7 days of receiving such notification elect whether or not to cancel the Customer order.  If the Customer elects to cancel the order, PERI will reimburse the Customer for the purchase price.
k. The costs of delivery shall be paid by the Customer unless otherwise agreed in writing and signed by both parties.

6. RETURNS

a. The Customer may return unwanted Product, provided:
i. It is undamaged and unused; and
ii. It is not missing any accessories or parts
b. Should Product be missing parts or accessories at the time of delivery or collection, Customer must notify PERI within 7 days of such delivery or collection.
c. PERI shall take reasonable steps to ensure that Product delivered is of high quality, and in good working order and without defects. The Customer may return defective Product to PERI.  Subject to the CPA, the following will NOT be deemed to be defects and will not entitle the Customer to return Product under this clause:
i. faults resulting from normal wear and tear;
ii. damage arising from negligence, user abuse or incorrect usage of the Product;
iii. damage arising from electrical surges or sea air corrosion;
iv. damage arising from a failure to adequately care for the Product;
v. damage arising from unauthorized alterations to the Product.
d. PERI will arrange to collect Product from the Customer. Once Product has been inspected and a return validated, PERI will at choice of the Customer replace the Product as soon as possible or credit the Customer account with the purchase price of the Product, or refund the Customer.
e. The Customer shall have a right to cancel its order and return the Products if the Product was sold to the Customer as a result of direct marketing, provided that the Customer must cancel and/or return the Product within 5 business days from the date of the transaction in order to claim a refund.


7. PROPERTY AND RISK

a. Risk in the Product passes to the Customer on delivery in accordance with clause 5(a).
b. The Customer is responsible for the proper handling, maintenance and installation of the Product. The Customer shall install, maintain and use the Product in a careful and prudent manner in compliance and conformity with safe industry practices and the requirements of all applicable laws, ordinances and regulations. The Customer hereby releases PERI and indemnifies and holds harmless PERI for any and all injury, damage, or other loss to the Customer or a third party resulting from the Product being handled, assembled, installed, maintained or used in an improper or careless manner.
c. The Customer shall bear the entire risk of loss, damage, destruction, theft, seizure or governmental taking of the Product or any part thereof once the Product has been delivered to the Customer. The Customer is not relieved of its obligations under this Agreement as a result of any loss.
d. The Customer assumes all risk of loss and liability for, and shall indemnify PERI and hold PERI harmless against any and all loss, damage, claims, expenses, or injury to persons (including death), or property of the Customer or others, arising out of ownership, use, custody, control, or disposition of Product by the Customer, its agents or employees, or by any third parties.
e. PERI shall not be liable for any and all loss, damage, claims, expenses, or injury to persons (including death), or property of the Customer or others, arising in any manner, directly or indirectly, out of ownership, use, custody, control, or disposition of Product by the Customer, its agents or employees, or by any third parties.
f. To the extent permitted by law, PERI shall have no liability to the Customer in contract or delict or otherwise for consequential loss, special loss, indirect loss, or economic loss, howsoever arising, including damages for loss of business profits.
g. PERI shall not be liable for damages or otherwise for any failure or delay on its part in the performance of any obligation hereunder caused by strike, lockout, riot, war, terrorism, accident, act of God, industrial disturbance, governmental action or regulation, curtailment of or failure to obtain Product or sufficient or adequate raw materials, fuel, labour or utilities, industrial, transport, machinery or Product breakdown, or for any cause whatsoever beyond PERI’s reasonable control.


8. WARRENTIES

a. The Customer acknowledges that it has selected the Product based on its own skill and judgment and further acknowledges and agrees that the Product is being supplied by PERI on an “as is” basis and that no representation, warranty or condition, whether statutory or otherwise, express or implied, oral or written, collateral or otherwise, is being given by PERI as to description, fitness for purpose, condition, merchantability, durability, freedom from latent defects, quality, suitability or durability, or in respect of any other matter or thing whatsoever, all of which are hereby excluded to the fullest extent permitted by law (and subject to the provisions of the CPA).
b. To the extent permitted by law (and subject to the provisions of the CPA), PERI specifically disclaims all implied warranties for the Product, including the implied warranties of merchantability and fitness for a particular purpose.


9. DEFAULT

a. Each of the following is a default by the Customer (a “Default”):
i. The Customer fails to make any payment under this Agreement when due and payable.
ii. The Customer fails to perform, observe or comply with any other material obligation, term or condition of this Agreement.
iii. any event of default occurs under any other agreement between PERI and Customer.
iv. any representation or warranty made by the Customer to PERI in connection with this Agreement is incorrect.
v. The Customer makes any assignment for the benefit of its creditors, becomes insolvent, commits any act of bankruptcy, takes any action to wind-up or dissolve, ceases or threatens to cease to do business as a going concern, or any proceeding in bankruptcy, receivership, winding-up, dissolution, liquidation or insolvency is commenced by or against the Customer or its property.
vi. PERI in good faith believes and has commercially reasonable grounds to believe that the prospect of payment or performance by the Customer under this Agreement is or is about to be impaired or the Product is or is about to be placed in jeopardy.

10. REMEDIES ON DEFAULT

a. On Default:
i. All unpaid amounts for sale of Product and all other amounts payable hereunder, shall immediately become due and payable.
ii. The Customer shall, if PERI requests, immediately return the unpaid Product at the Customer’s expense to PERI.
iii. All costs incurred by PERI on Default, including legal costs on the scale as between attorney and own client including collection commission to which PERI'S attorneys may be entitled according to law, expenses, carrier costs, costs of sale, and other costs (“Enforcement Costs”) shall be payable by the Customer to PERI.
iv. PERI may by notice in writing terminate this Agreement;
v. All rights and remedies of PERI, either under this Agreement or at law or in equity or otherwise afforded to PERI, are cumulative and not alternative and PERI may pursue all remedies available to it against the Customer.


11. USE OF WEBSITE

a. The Customer shall be liable for any abuse or fraudulent use of the Website. Abuse and fraudulent use of the Website shall include the following:
i. Obtaining or attempting to obtain services by tampering with or making connection with any facilities of PERI with an attempt to avoid payment for the Products;
ii. Making false representations or falsifying credit information or through any other fraudulent means or devices whatsoever with the intent to avoid payment in whole or in part for the Product;
iii. Attempting to or actually disrupting, impairing or interfering with, altering or modifying any information, data or materials posted and/or displayed on the Website; or
iv. Violating or attempting to violate the security of the Website, including, without limitation: attempting to probe, scan or test the vulnerability of the Website or to breach security or authentication measures. Violations of system or network security may result in civil and criminal liability.
b. The content of the Website, including information, software, photographs, video, graphics, user interface, forms, diagrams, trademarks, logos or other material, are exclusive property of PERI and are protected by intellectual property laws including but not limited to copyright and trademark laws. No part or parts of the Website or sites accessed through the Website, may be reproduced, distributed, republished, commercially exploited, displayed, broadcasted, hyperlinked or transmitted in any manner or by any means or stored in an information retrieval system without the prior written permission of the PERI, provided however that permission is hereby provided to download and print this Agreement and other materials on the Website for purposes related to the Customer’s procurement of Products and record keeping thereof.
c. Only registered users may order Product on the Website.
d. To register as a user, the Customer must provide a unique name and password and provide certain information and personal detail to PERI. The Customer will need to use its unique username and password to access the Website and order Product.
e. The Customer agrees and warrants that its username and password shall be kept safe by the Customer and used for personal use only, and not be disclosed by the Customer to any third party.
f. For security purposes the Customer agrees to enter the correct username and password when ordering Product, failing which the Customer will be denied access.
g. The Customer agrees that, once the correct username and password relating to the Customer account have been entered, irrespective of whether the use of the username and password is unauthorized or fraudulent, the Customer will be liable for payment of such order, save where the order is cancelled by the Customer in accordance with this Agreement.
h. The Customer agrees to notify PERI immediately upon becoming aware of or reasonably suspecting any unauthorized access to or use of username and password and to take steps to mitigate any resultant loss or harm.
i. PERI makes no warranty or representation that the Website will always be available. The Website may be temporarily unavailable, restricted or suspended from time to time for administrative or other reasons and PERI accepts no responsibility howsoever arising and will not be liable for any loss or damage arising out of or in connection with any interruption, restriction, suspension or loss of use of the Website.
j. You acknowledge that your access to the Website may also be prevented by certain factors outside our reasonable control including, without limitation, the in-operation, inefficiency or unsuitability of any equipment through which you are accessing the Website, the unavailability, in-operation or interruption of the internet or other telecommunication services. Should any such circumstances exist PERI accepts no responsibility howsoever arising for any loss or damage arising out of or in connection with any such events.
k. If for any reason the Website become unavailable or inaccessible for an extended period of time, you may initiate transactions or give instructions by contacting perishop@peri.co.za via email.

12. PRIVACY POLICY

a. PERI respects Customer privacy and will take all reasonable measures to protect it, as more fully detailed below.
b. For purposes of this clause "Personal Information" shall mean any information of a personal nature by which the Customer can be identified as an individual such as your name, postal address, email address, telephone number, home country, postal code, mobile number, gender, age, financial details, and/or company name, business information and VAT number.
c. The supply of your Personal Information is voluntary; however you acknowledge that we cannot make certain services available to you on the Website if you do not wish to supply such Personal Information.
d. We may use a third-party payment processing company for processing payments, and other third-party companies to monitor website traffic, which may, in some instances, store your information, including the Personal Information you submit to such third parties.
e. BY CONTINUING TO USE THE WEBSITE, YOU CONSENT TO PROCESSING, COLLECTION, STORAGE, RETENTION AND USE OF THE PERSONAL INFORMATION YOU PROVIDE FOR THE PURPOSES SET OUT IN THIS CLAUSE, AND YOU CONSENT TO OUR COLLECTION OF ANY CHANGES OR UPDATES THAT YOU MAY PROVIDE TO ANY INFORMATION YOU PROVIDE THAT IS COLLECTED BY US. IF YOU DO NOT AGREE WITH THIS CLAUSE, PLEASE DO NOT USE THE WEBSITE.
f. Where you provide us with Personal Information relating to a third-party data subject (for example, your customers and/or clients), you warrant that you have obtained all necessary consents from that data subject, including the data subject's consent for you to share such Personal Information with us to process on your behalf. We shall protect, store and process this Personal Information in the same manner and equal level of security as Personal Information about you.
g. Should the Customer's Personal Information change, the Customer must inform and provide PERI with updates to Personal Information as soon as reasonably possible to enable PERI to update the Customer Personal Information. The Customer may choose to provide additional Personal Information to PERI, in which event the Customer agrees to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent the Customer affiliation with anyone or anything.
h. Subject to clause 12 i) below, PERI will not, without the Customer's consent:
i. use Customer Personal Information for any purpose other than as set out in this clause:
a. in relation to the ordering, sale and delivery of Product;
b. to contact the Customer regarding current or new Product or any other goods offered by PERI (unless the Customer has opted out from receiving marketing material from PERI);
c. to inform the Customer of new features, special offers and promotions offered by PERI (unless the Customer has opted out from receiving marketing material from PERI);
d. to improve PERI Product selection and Customer experience on PERI Website by, for example, monitoring Customer browsing habits, or tracking Customer sales on the Website;
e. if you contact us, we may keep a record of that correspondence;
ii. disclose Customer Personal Information to any third party other than as set out below:
a. to PERI employees, affiliates, and/or third party service providers who assist PERI to interact with the Customer via our Website, email or any other method, for the ordering of Product or when delivering Product to customers, and thus need to know Customer Personal Information in order to assist PERI to communicate with Customer properly and efficiently;
b. to PERI divisions, in order for them to interact directly with the Customer via email or any other method for purposes of sending Customer marketing material regarding any current or new Product, new features, special offers or promotions offered by them (unless the Customer has opted out from receiving marketing material from PERI);
iii. to law enforcement, government officials, fraud detection agencies or other third parties when PERI believes in good faith that the disclosure of Personal Information is necessary to prevent physical harm or financial loss, to report or support the investigation into suspected illegal activity, or to investigate violations of this Agreement;
iv. to PERI service providers (under contract with PERI) who help with parts of our business operations (fraud prevention, marketing, delivery services etc). However, PERI contracts dictate that these service providers may only use Customer information in connection with the services they perform for PERI and not for its own benefit;
i. PERI is entitled to use or disclose Customer Personal Information if such use or disclosure is required in order to comply with any applicable law, subpoena, order of court or legal process served on PERI, or to protect and defend PERI rights or property. In the event of a fraudulent online payment, PERI is entitled to disclose relevant Personal Information for criminal investigation purposes or in line with any other legal obligation for disclosure of the Personal Information which may be required of it.
j. PERI will ensure that all of PERI employees, third party service providers and divisions having access to Customer Personal Information are bound by appropriate and legally binding confidentiality obligations in relation to Customer Personal Information.
k. PERI shall -
i. treat Customer Personal Information as strictly confidential, save where PERI is entitled to share it as set out in this Agreement;
ii. take appropriate technical and organisational measures to ensure that Customer Personal Information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access, however, the transmission of information via the Internet is not completely secure and we cannot guarantee the security of your information transmitted to our Platform. Any transmission of your information to our Platform is entirely at your own risk.;
iii. provide Customer with access to Customer Personal Information to view and/or update personal details;
iv. promptly notify Customer if PERI becomes aware of any unauthorised use, disclosure or processing of Customer Personal Information;
v. provide Customer with reasonable evidence of our compliance with our obligations under this policy on reasonable notice and request; and
vi. upon Customer request, promptly return or destroy any and all of Customer Personal Information in PERI possession or control, save for that which PERI are legally obliged to retain.
l. PERI undertakes never to sell or make Customer Personal Information available to any third party other than as provided for in this Agreement.
m. Whilst PERI will do all things reasonably necessary to protect Customer rights of privacy, PERI cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of Customer Personal Information, whilst in PERI possession, made by third parties who are not subject to our control, unless such disclosure is as a result of PERI gross negligence.
n. If the Customer discloses its Personal Information to a third party, such as an entity which operates a website linked to this Website or anyone other than PERI, PERI SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, HOWSOEVER ARISING, SUFFERED BY CUSTOMER AS A RESULT OF THE DISCLOSURE OF SUCH INFORMATION TO THE THIRD PARTY. This is because PERI does not regulate or control how that third party uses Customer's Personal Information. Customer should always ensure that they read the privacy policy of any third party.


13. ELECTRONIC COMMUNICATIONS

When the Customer or User visits the Website or send emails to PERI, the Customer consents to receiving communications from PERI or its divisions in accordance with PERI privacy policy as set out in clause 12 above.

14. GENERAL CONDITIONS

a. This Agreement and all rights, remedies and benefits of PERI hereunder may be assigned by PERI without notice to or the consent of the Customer and the Customer hereby accepts such assignment and waives signification of the act of assignment and the delivery of a copy of any assignment document. Upon such assignment, the assignee (the “Assignee”) shall be entitled to enforce the rights and remedies and to receive all benefits, which would otherwise accrue to PERI under this Agreement. Upon notice of an assignment, the Customer shall unconditionally pay to such Assignee all payments and other amounts due hereunder and shall not assert any claim or defence against such Assignee or which the Customer may have had against PERI in any action for payments or other amounts due and payable hereunder, except the defence of payment to the Assignee.
b. Subject to applicable legislation, the Customer hereby consents to PERI conducting a credit investigation of the Customer and to PERI making inquiries with financial institutions or other persons in a business relationship with Customer in connection therewith; the Customer hereby authorizes and directs such persons to answer PERI’s inquiries.
c. Customer shall promptly notify PERI in writing of any change in the Customer’s name and any change in the location of the Customer’s Head Office.
d. Subject to the terms hereof, this Agreement shall endure to the benefit of and be binding upon the parties hereto and their respective heirs, beneficiaries, successors, and assigns.
e. The Customer agrees to do all things and execute or obtain all documents as may be required by PERI in order to give effect to or better evidence this Agreement including the execution of financing statements or other documents to effect security registrations to protect PERI’s interests, any acknowledgements required by any Assignee and any waivers or subordinations from any contractors, owners of the property where the Product is located, the mortgagor of such owner’s property or the Customer’s landlords or creditors.
f. Notwithstanding any other clauses hereof, all obligations of the Customer, including the payment for Product and other amounts payable by the Customer hereunder, and all rights and remedies of PERI hereunder shall survive the termination of the Agreement.
g. If PERI accepts a late or partial payment or delays the enforcement of its rights or remedies under this Agreement on any occasion, such acceptance or delay shall not constitute a waiver by PERI of its rights hereunder and all amounts and obligations owing under this Agreement shall continue to be payable when due.
h. If more than one person executes this Agreement as the Customer, their obligations hereunder shall be joint and several.
i. The Customer acknowledges receipt of a true copy of this Agreement and waives, to the extent permitted by applicable law, all rights to receive copies of financing statements, financing change statements, verification statements, or copies of other notices or filings made by PERI at any time in connection with this Agreement, any schedule thereto or any amendment thereof.
j. Any rule of construction that provides that this Agreement must be interpreted against the party responsible for the drafting of this Agreement, does not apply.
k. The Customer has read and understood this Agreement and is agrees to be bound by this Agreement voluntarily and without duress. The Customer has had the opportunity to obtain independent legal advice before executing this Agreement
l. Except as otherwise provided, the invalidity or unenforceability of any term of these Terms & Conditions does not affect the validity or enforceability of any other term. Any invalid term will be treated as severed from the remaining terms.
m. It is the express wish of the parties that this Agreement and any related documents be drawn up in English.

15. NOTICES

a. PERI hereby selects 15 Range Road, Blackheath, Cape Town, South Africa, 7580 as its address for the service of all formal notices and legal processes in connection with this Agreement. PERI may change this address from time to time by updating this Agreement.
b. The Customer hereby selects the delivery address specified with the Customer order as the Customer legal address, but the Customer may change it to any other physical address by giving PERI not less than 7 days’ notice in writing.
c. Notices must be sent either by hand, registered post or email and must be in English. All notices sent:
i. by hand will be deemed to have been received on the date of delivery;
ii. by registered post, will be deemed to have been received 10 days after the date of posting;
iii. by email will be deemed to have been received on the date in the “Read Receipt” notification. All email communications from the Customer to PERI must make use of the “Read Receipt” function to serve as proof that email has been received.
d. Any notice required or permitted to be given hereunder must be in writing and will conclusively be deemed to have been received by its recipient on the business day it is delivered or sent by email or facsimile transmission to the party’s address or at such other address as such party specifies to the other party in writing or, if sent by regular or registered mail, provided there is no interruption in postal services, on the fifth business day after the day of mailing, addressed to such party at such address.

16. INFORMATION

a. For the purposes of the ECT Act, PERI’s information is as follows:
i. Full Name: PERI Formwork Scaffolding Engineering (Pty) Ltd, a private company registered in South Africa with registration number 2009/005054/07
ii. Main business: Formwork and Scaffolding supplier to the construction industry
iii. Physical address for receipt of legal services: 15 Range Road, Blackheath, Cape Town, South Africa, 7580
iv. Office bearer: Nick Cruickshank (Managing Director)
v. Phone number: +27 21 880 7777
vii. Email address: perishop@peri.co.za


17. DISCLAIMER

a. This Website and any function contained herein may contain errors in content, description, pricing, or in other aspects. PERI reserves the right to correct any errors or defects at any time and without notice. These corrections may take place after your order has been placed. In the event of a pricing error, the item(s) in question will be charged at the correct price. PERI reserves the right to limit quantities available for purchase in situations where demand may exceed available stock.
b. PERI does not warrant that this Website is free from viruses or other harmful components. Without excluding, restricting or modifying the operation of, and subject always to, the CPA and applicable law, your use of the Website is at your sole risk and you assume full responsibility for any costs associated with your use of the Website and PERI shall not be liable for any damages of any kind related to your use. PERI does not represent or warrant that the Website is appropriate or available for use in any particular jurisdiction and the visitors that use this site are responsible for complying with all local laws, rules, and regulations. PERI may limit the Website’s availability, wholly or partially, to any person, geographical area, or jurisdiction it chooses at any time and in its sole discretion.
c. The content of this Website is provided ‘as is’ without warranties or conditions of any kind, either express or implied, including without limitation, warranties of title, implied warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property.

18. LIMITATION OF LIABILITY

a. PERI IS NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, GOODWILL, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RESULTING FROM THE USE OF THIS WEBSITE, THE USE OF ANY CONTENT ON THIS WEBSITE OR ANY WEBSITE LINKS TO THIS WEBSITE, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE, OR ANY OTHER MATTERS RELATING TO THE WEBSITE.
b. IF, FOR ANY REASON, PERI IS FOUND LIABLE TO YOU AS A RESULT OF YOUR USE OF THIS WEBSITE OR PURCHASE OF PERI PRODUCT FROM THIS WEBSITE, PERI’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, EXPENSES, OR CAUSES OF ACTION, HOWEVER CAUSED, SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR YOUR LAST PURCHASE OF PRODUCT FROM THIS WEBSITE.

19. INDEMNIFICATION

To the extent permissible by law the Customer agrees to hold harmless and indemnify PERI from and against any and all claims, damages, causes of action, including legal fees, arising from or related to the Customer's use of the Website or the Customer's breach of any representation, warranty, condition, or other provision of the Terms of Use and PERI’s Standard Terms and Conditions.

20. WEBSITE SECURITY

a. PERI takes care to protect the confidentiality of the Customer's Personal Information. Please contact customer service at PERI to learn more information about website security.
b. No transfer of data over the internet can be 100% guaranteed to be secure so while PERI takes all reasonable steps to protect Customer information, it cannot guarantee the security of the Customer's transmitted information using the internet. Any Personal Information transmitted to or from the PERI Website is done at the Customer’s own risk.


21. LINKS TO THIRD PARTY WEBSITES

a. The PERI Website may include links to third party websites that are not under the control of PERI. PERI has no responsibility for any linked websites nor does linking constitute an endorsement of any linked website. These linked websites have separate and independent privacy and security policies that PERI recommend the Customer reads carefully if visiting these sites. Links are provided solely for the convenience of PERI’s Website visitors.
b. YOUR USE OF THIRD PARTY WEBSITES OR THE PRODUCTS OR SERVICES OF THIRD PARTIES SHALL BE ENTIRELY AT YOUR OWN RISK. WE SHALL NOT BE RESPONSIBLE FOR ANY LOSS WHETHER DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL, ARISING FROM OR RELATED TO YOUR RELIANCE ON, USE OR ATTEMPTED USE OF THIRD PARTY WEBSITES OR THE OPINIONS, PRODUCTS OR OF THIRD PARTIES.
c. You shall not make (and may not permit any third party to make) any reference to us, this Website or the Website content, whether by way of a link or otherwise, where the reference could in any way be interpreted as an endorsement, affiliation, or recommendation by us in relation to you or a third party, or of the services, products or opinions of a third party, without our prior written consent.
d. For the purposes of this clause any reference to us will be considered to also include our employees, officers, directors, representatives, agents, shareholders, affiliates, subsidiaries, holding companies, advisers, service providers, suppliers and content providers.


22. GOVERNING LAW AND JURISDICTION

a. This Agreement and PERI’s relationship with the Customer and/or any dispute arising from or in connection with this Agreement shall be governed and interpreted in accordance with the laws of the Republic of South Africa. The Customer’s continued use of the Website will constitute the Customer's consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of the terms and conditions contained in this Agreement.
b. In the event of any dispute arising between the Customer and PERI, the Customer hereby consents to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Western Cape Division, Cape Town)
c. Nothing in this clause or the Terms and Conditions limits the Customer's right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.


23. LEGAL STATEMENT

The content on this Website is owned and/or licenced by PERI and/or its related companies and is protected by copyright, trademark any other intellectual property rights subsisting anywhere in the world.  All trademarks, service marks, trade names and logos contained on the Website are owned or licensed respectively. You may not make use of, alter, or modify this material without written permission from PERI for anything other than personal, non-commercial use. No right, title, or interest in any downloaded content from this Website is transferred to you as a result of such downloading or copying for personal, non-commercial use. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create, sell, or exploit in any way any of the contents of this Website. PERI retains full ownership of any and all information that you download, copy, or reproduce from the Website.