1. This website (the “Site”) is provided by Wareing Hoist Components (Pty) Ltd t/a Wesant Manufacturing with registration number 2011/011957/07 (hereinafter referred to as “the Business”, “Wesant Manufacturing”, “we”, “us” and “our”).
  2. Please read the Terms and Conditions carefully before you proceed to use the Site. By using the Site, or once you click to accept or agree to these Terms and Conditions, you accept and agree to be bound and abide by these Terms and Conditions.
  1. “Business”: when these Terms and Conditions mention “Business,” “Wesant Manufacturing” “we,” “us,” or “our,” it refers to Wareing Hoist Components (Pty) Ltd with registration number 2011/011957/07 with place of business situated at 10 Fangio Place, Westmead, Durban, KwaZulu-Natal.
  2. “Country”: where Wesant Manufacturing or the directors of Wesant Manufacturing are based, in this case, South Africa.
  3. “CPA” means the Consumer Protection Act, 68 of 2008.
  4. “Device”: can refer to but is not limited to computer, laptop, tablet and/or mobile cellular telephone.
  5. “Products” means the goods advertised and sold by Wesant Manufacturing.
  6. “Services”: refers to the service provided by Wesant Manufacturing being manufacturing lifting solutions.
  7. “Third-party service”: refers to advertisers, contest sponsors, promotional and marketing partners, and others who provide our content or whose products or services the Business may think might interest you.
  8. “You”: when these Terms and Condition mention “You” or “User” “Customer” it refers to the person or entity accessing the site and/or using our Services and/or purchasing our Products.
  1. We may from time to time update and/or revise these Terms and Conditions. Such amendments will immediately become operative and effective the moment we post them to the Site.
  2. In the event that you continue to use the Site after these Terms and Conditions are revised and/or amended, you accept and agree to be bound by such revisions and/or amendments. We expect you to check [insert link] from time to time so that you are aware of any revisions and/or amendments to these Terms and Conditions.
  3. If the User does not agree to the amendments, the User is no longer authorised to access the Site or use the Services.
  1. We reserve the right to withdraw or amend the Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason, all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site to users, including registered users.
  2. The Site is offered and available to users who are 18 years of age or older. By using the Site, you represent and warrant that you are of legal age to form a binding contract with Wesant Manufacturing and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.
  1. These Terms and Conditions are applicable to each instance of use of the Wesant Manufacturing website. By using the Site, in any manner whatsoever, the User irrevocably accepts to be bound by these Terms and Conditions. We reserve our right to alter these Terms and Conditions at our own discretion. The amended Terms and Conditions shall take effect as soon as they are published on the Site. The User’s continued use of the Site will confirm their unconditional acceptance of the amended Terms of Use.
  1. All intellectual property rights, including copyrights, patents, patent disclosures and inventions (whether patentable or not), trademarks service marks, trade secrets, know-how and other confidential information, trade dress, trade names, logos, corporate names and domain names, together with all of the goodwill associated there with, derivative works and all other rights (collectively, “Intellectual Property Rights”) that are advertised or part of the Site or that are otherwise owned by Wesant Manufacturing shall always remain the exclusive property of Wesant Manufacturing (or of its suppliers or licensors, if and when applicable).
  2. Nothing in these Terms and Conditions grants the User a license to the Business’s Intellectual Property Rights.
  3. No stipulation in these Terms and Conditions may be interpreted as containing a transfer of rights in whatsoever way or to whatsoever extent.
  4. The User agrees that these Terms and Conditions conveys a limited license to certain of our Intellectual Property Rights, solely the Site (and not independently of it), and only if you agree to these Terms and Conditions.
  5. Any use by the User of any of the Institution’s Intellectual Property Rights independently of the Site or outside the scope of these Terms and Conditions shall be considered an infringement of our Intellectual Property Rights. This shall not limit, however, any claim we may have for a breach of these Terms and Conditions in the event the User breaches any of these terms.
  6. Except as expressly granted in these Terms and Conditions, Wesant Manufacturing reserves and shall retain all rights, title and interest in the Site and Services advertised, including all copyrights and copyrightable subject matter, trademarks and trademark able subject matter, patents and patentable subject matter, trade secrets, and other intellectual property rights, registered, unregistered, granted, applied-for, or both now in existence or that may be created, relating to the thereto.
  1. Any feedback, comments, ideas, improvements or suggestions provided by the User to Wesant Manufacturing with respect to the Site and/or our Services shall remain the sole and exclusive property of the Business. The Business shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to the User.
  1. We reserve the right to modify, suspend or discontinue, temporarily or permanently, the Services or any other service we may provide now or in the future, with or without notice and without liability to the User.
  1. The Business may from time to time provide enhancements or improvements to the features/ functionality of the Services. The User agrees that Wesant Manufacturing has no obligation to provide any upgrades to the Services.
  2. The User further agrees that all upgrades will be deemed to constitute an integral part of the Services and subject to these Terms and Conditions.
  1. We may use third-party service providers/freelancers from time-to-time.
  2. The User agrees to our use of third-party service providers/freelancers.
  3. The Business does not assume and shall not have any liability or responsibility to You or any other person or entity for any third-party services.
  4. Third-party services and links thereto are provided solely as a convenience to the User and the User’s access and use is at the User’s own risk and subject to such third-parties’ terms and conditions.
  1. These Terms and Conditions shall remain in effect until terminated by the Business and or by the User.
  2. The Business, may, in its sole discretion, at any time and for any or no reason, suspend or terminate these Terms and Conditions with or without prior notice to the User.
  3. The Business is at all times entitled to stop the User from accessing the Site.
  4. These Terms and Conditions will terminate immediately, without prior notice from the Business, in the event that the User fails to comply with any provision of these Terms and Conditions.
  5. Termination of these Terms and Conditions will not limit any of the Business’s rights or remedies at law or in equity in case of breach by the User (during the term of these Terms and Conditions) of any of the User’s obligations under these Terms and Conditions.
  1. Prices displayed on the website are subject to change without notice. Prices will include tax, where this is required by specific country legislation.
  2. Orders placed may be declined or cancelled in the event of Products being out of stock, damaged Products, incorrect Product information, incorrectly displayed prices, and due to payment for Products not being received or payments not being authorised by Wesant Manufacturing.
  1. Unless otherwise quoted or agreed in writing, Wesant Manufacturing is not responsible for delivering the Products and the Customer is responsible for all costs related to the delivery of the Product.
  2. The Customer acknowledges that delivery dates given in advance are estimated and will be made subject to prior orders on file with Wesant Manufacturing. Wesant Manufacturing will use its best endeavours to ensure that delivery is completed as soon as is reasonably possible after the estimated delivery date. Notwithstanding the aforegoing, Wesant Manufacturing shall not be liable for failure to perform or delay in performance hereunder resulting from any cause beyond Wesant Manufacturing’s control, fire, labour difficulties, transportation difficulties, interruptions in power supply (including but not limited to what may be termed “load shedding” or “black-outs”) and delays in usual sources of supply, major changes in economic conditions, breakdown of machinery or any cause beyond Wesant Manufacturing’s control.
  3. Subject to a quote or written agreement between us and the Customer providing to the contrary, risk in and to the Products shall pass to the Customer upon delivery, regardless of whether or not Wesant Manufacturing has agreed to effect installation of the Products.
  4. Any of the Products delivered to the Customer in error will only be considered for return by Wesant Manufacturing provided that such Products are undamaged, have not been tampered with in any way and are not defaced in any way.
  5. If the Customer, due to some fault of its own, cannot accept or should it request Wesant Manufacturing in writing to suspend or delay delivery of the Products, Wesant Manufacturing reserves the right to claim any additional costs involved from the Customer.
  1. The User agrees to indemnify, defend and hold harmless the Business and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, arising from or relating to:
    1. The User’s use or misuse of the Site and/or Services;
    2. The Users failure to comply with any applicable law, regulation, or government directive; or
    3. The Users breach of these Terms and Conditions.
  1. The User agrees that the Business assumes no responsibility for the information or content the User submits or makes available through this Site or the content that is made available to the User by third parties.
  2. In addition to any other specific exclusions of liability contained herein and unless otherwise expressly stated herein, it is hereby agreed that  the Customer shall have no claim against Wesant Manufacturing for any loss or damage, of any nature, occasioned by any defect in any Products supplied, or any failure to provide adequate instructions in respect of any hazards that might arise from the use or incorrect use of the Products, save to the extent that the Customer is a consumer for the purposes of the CPA and such loss or damage is contemplated in section 61 of the CPA, and provided that nothing in these terms and conditions must be construed as in any way limiting the rights of Wesant Manufacturing to raise such defences as may be available to it at common law or in terms of any statute
  1. The Services are provided to you “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind.
  2. To the maximum extent permitted under applicable law, the Business, on its own behalf and on behalf of its affiliates and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Services, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice.
  3. Without limitation to the foregoing, the Business provides no warranty or undertaking, and makes no representation of any kind that the Site and/or Services will meet the User’s requirements, achieve any intended results, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
  4. Without limiting the foregoing, neither the Business nor any of its providers make any representation or warranty of any kind, express or implied:
    1. as to the operation or availability of the Services, or the information, content, and materials or products included thereon; or
    2. as to the accuracy, reliability, or currency of any information or content provided on the Site.
  1. The Business is, to the maximum extent permitted under applicable laws, not liable for possible damage that can arise from abuse of the Site by the User or third-parties.
  2. The Business is not liable for any damage, be it material or immaterial damage that can arise from infringement of intellectual property rights of third parties by the duplication and/or publication of the content from the Site, by the User, including but not limited to copyright and image rights.
  3. The User guarantees that the personal details given during registrations are correct and complete and indemnifies the Business against any damage, be it material or immaterial damage that may arise from the inaccuracy or completeness of data.
  1. If any provision of these Terms and Conditions is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
  1. No failure to exercise, and no delay in exercising, on the part of either the User or Business, any right or any power under these Terms and Conditions shall operate as a waiver of that right or power. Nor shall any single or partial exercise of any right or power under these Terms and Conditions preclude further exercise of that or any other right granted herein. In the event of a conflict between these Terms and Conditions and any applicable purchase or other terms, the terms of these Terms and Conditions shall govern.
  1. These Terms and Conditions are governed and construed by the laws of the Republic of South Africa and the User hereby submits to the exclusive jurisdiction of the High Court of South Africa to hear any dispute arising therefrom which the User and Institution are unable to settle amicably.
  1. The headings in these Terms and Conditions are for reference only and shall not limit the scope of, or otherwise affect, the interpretation of these Terms and Conditions.
  1. The Terms and Conditions constitutes the entire agreement between the User and Wesant Manufacturing and supersedes all prior and contemporaneous written or oral agreements between the User and Wesant Manufacturing.
  2. Do not hesitate to contact us if you have any questions about these Terms and Conditions.Via Email:  info@wesant.co.zaVia this Link: www.wesant.com