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Standard Conditions of Sales & Disclaimer

STANDARD CONDITIONS OF SALE:

GUARANTEE:

Except for abuse, misuse, breakages and over and under-voltages, Afrison guarantee goods from the date of delivery against any defect in workmanship or material for the period as indicated according to the following terms & conditions: ANNEXURE A: LED luminaires ANNEXURE B: Solar & related Products

ANNEXURE A: GUARANTEE CONDITIONS – LED LUMINAIRES:

TERMS AND CONDITIONS:

SCOPE:

The carry in guarantee set forth below is given by AFRISON with respect to AFRISON branded LED luminaires (herein referred to as “Product”), sold by AFRISON to its direct Customers (herein referred to as : “Customer”) This guarantee concerns Products delivered after the 01st of January 2013. AFRISON reserves the right to change the guarantee terms without prior notice. The terms and conditions of guarantee applicable by AFRISON shall be those in force at the delivery date of the Products to the customer and only for Products delivered to the nearest AFRISON office.

COVERAGE:

AFRISON guarantees that each Product will be free from defects in materials and workmanship subject to the conditions as stated hereafter during a period of time (as stated on the AFRISON quotation or AFRISON relevant pricelist), usually stated in number of years (hereinafter referred to as: “Guarantee Period”) from the date of delivery to the Customer. AFRISON also guarantees the luminous performances of its Products during the guarantee period. This means that during the guarantee period the luminous flux will at least be maintained at a level that corresponds to the L80* B50 value. This guarantee coverage is granted for Products used in accordance with the technical specifications and instructions of installation, particularly, that the rated ambient temperature (Ta) has, during the Product’s operation, not been exceeded. Official photometrical measurements can only be carried out on a properly cleaned luminaire that must be returned by the customer, at its own expense, to AFRISON. The costs incurred for the ‘comparison’ measurement shall be borne by AFRISON should the customer’s guarantee claim be justified, in the opposite case by the customer.

* e.g. L80 B50 means that a minimum of 80% of the initial luminous flux will be maintained for a period that corresponds at least to the guarantee period for a maximum ambient night-time temperature of e.g. 35°C. The probability ratio B50 indicates that minimum 50 % of the luminaires in a given installation will meet the specified lumen maintenance levels. Due to technical progress and to the change in the luminous flux of Products that is caused by their use, subsequent deliveries of LED light sources may have light properties deviating from those of the original Products. In case of defective Product determined as such by AFRISON, AFRISON shall repair or replace, at its sole option and free of charge, the defective Product or part thereof (e.g. power supply, optical unit). For purposes of clarity, ‘replace the defective part thereof’ means that AFRISON shall put at the disposal of the customer the replacement part and/or unit.

AFRISON may also, at its absolute discretion, give a credit to the customer corresponding to the price paid for the defective Product if the Product has been discontinued or is not available or replace The Product with a same or an equivalent Product. Additional costs (e.g. dismounting), freight for defect parts or Products, reinstallation, transportation time, tools for lifting and scaffolding) or other costs coming from a breakdown of installation and/or costs in relation with consequential, special, incidental or pure financial damages such as loss of revenue/profits, damage to property, stoppage of work, idle assets, loss of Production, etc. are not subject to this guarantee and AFRISON cannot be held liable for not compensating any person against such a loss or damage which may arise to persons or properties.

LIMITATIONS AND EXCLUSIONS:

The customer must demonstrate that any default, defect or damage to the Product or part thereof does not result or is not directly or indirectly caused by any error, default, neglect, abuse, misuse or abnormal use by the customer notably the non-compliance of the following conditions:

  • The Product has been properly transported by the Customer using the original packaging;
  • The Product has been stored, installed, used and maintained in accordance to AFRISON specifications, guidelines, and instructions and where applicable according to IEC or SABS test standards and if used for a purpose which was stipulated by AFRISON;
  • The Product has been wired and installed and operated within the electrical values, operating range and environmental conditions provided in AFRISON specifications, application guidelines, lEC or SABS standards or any other document accompanying the Products;
  • The Product has not been subjected to mechanical loads which do not comply with its intended use;
  • AFRISON cannot be held liable for main electrical supply conditions, including spikes, overvoltage/under-voltage and ripple current control systems that are beyond the specified limits of the Product and those defined by relevant supply or contrary to industry standards relating to acceptable input power, therefore LED drivers and/or power supplies can only be warranted with the use of SABS approved AVR (Automatic Voltage Regulators);
  • The Product has not been exposed to ambient temperatures in excess of the maximum value required by AFRISON as stated on The Product specifications.
  • The Product and/or any part thereof has not been repaired, replaced, adjusted or altered by the customer or any person, without AFRISON’s prior and written authorization;
  • The not accessible/sealed parts, e.g. optical compartments, of The Product have not been opened by the customer without AFRISON’s prior and written authorization;
  • The Product has not been improperly manipulated and/or put into contact with chemical Products;
  • Should The Product be installed in a corrosive environment notably seaside or chemical site and the set IP rating of The Product is not high enough, the customer must inform AFRISON which will prescribe necessary precautions like additional, specific treatment and painting the customer should comply with, including the regular respect of the prescribed maintenance actions during the course of operation
  • LED Floodlights mounted horizontally will not be covered under guarantee. Normal vertical installation with max 120 degree angle is covered under guarantee
  • The Main Electrical Board that provides power to the circuit breakers for the loads that include the installed LED lighting Products must meet the following requirements:

  • Electrical Certificate of Compliance (COC)

    The Main Electrical Board must have an Electrical Certificate of Compliance (COC) issued by a qualified electrician, and must not be older than 2 (two) years.

    Power Quality

    In the event of a Guarantee Claim, a Power Quality Report must be provided to prove that the power being delivered to the light circuits adhere to both SANS 10142-1:2003 and SANS 61000-3-2:2009 standards, which set specifications and limitations on the The Power Quality Report must show the individual reports (listed below), for a minimum logging duration of 7 (seven) days, using a Data Logger with a resolution of better or equal to 1.0 second.

    The Power Quality Report must include the full 7 Days, as well as a report for each individual day, on the light circuit in question, for each of the following criteria:

    • Voltage
    • Amps
    • kVA
    • THD (Voltage)
    • 2nd Harmonic (Voltage)
    • 3rd Harmonic (Voltage)
    • 5th Harmonic (Voltage)
    • 7th Harmonic (Voltage)
    • THD (Amps)
    • 2nd Harmonic (Amps)
    • 3rd Harmonic (Amps)
    • 5th Harmonic (Amps)
    • 7th Harmonic (Amps)

    Circuit Breaker and Conductor Cabling

    A photo of the light circuit breaker must be provided to verify the rating of the circuit breaker on the lighting circuit. Additionally, a photo of the wiring from the circuit breaker for the light circuit must be provided, along with a letter of confirmation from a qualified electrician on the size and distance of the conductor cabling (wiring) from the circuit breaker to the actual LED lights installed. This is necessary to ascertain if there is any amount of voltage drop from the Electrical Board to the LED lights, as well as identifying the possible effects of Harmonic Distortion being introduced on the lighting circuit because of high cable resistance.

AFRISON’S GUARANTEE CONDITIONS DO NOT APPLY TO:

  • damage or failure to perform arising as a result of force majeure or from any violation of any applicable standard or regulations, including without limitation those contained in the latest safety, industry and/or electrical standards and regulations applicable to the customer;
  • failure in performance, structural defect or functional deficient when AFRISON has complied in full with the customer’s written briefs, drawings or specifications with subsequently are found to be inadequate, incomplete or defective;
  • any acts of nature such as lightning damage or corrosion should the corrosion be the result of external causes or factors (e.g. Chemical Products);
  • abrupt failure of less than five percent (5%) of total amount of LED (rounded up to the nearest unit) in a single Product;
  • additional control gear;
  • parts, elements and/or accessories added to The Product after its delivery;
  • normal wear and tear of the Product.

NO IMPLIED OR OTHER GUARANTEES:

The guarantee and remedies contained in AFRISON warranty conditions are the only warranties given by AFRISON in connection with defective or non-conforming Products supplied to the customer and are given in lieu of all other guarantee whether express or implied, including without limitation guarantee of merchantability, fitness for a particular purpose, or non-infringement of intellectual property rights which guarantees are hereby disclaimed. In any event, the liability of AFRISON for all claims with respect to the guarantee conditions shall not exceed the sum of payments for The Products paid by the customer which are the subject of the dispute. Moreover the customer shall not request and/or claim any payment extensions, price reductions or the termination of the supply contract if any. No agent, distributor or dealer is authorized to change, modify or extend the terms of guarantee conditions on behalf of AFRISON.

GUARANTEE CLAIMS:

No Claim will be considered without a copy of the invoice and delivery note

The non-conforming or defective Products or parts shall become AFRISON’s property as soon as they have been replaced. AFRISON may charge the customer for returned Products or parts that are not found to be defective or non-conforming together with the freight, testing and handling costs associated therewith. The Product must be shipped to AFRISON at the Customer’s cost. The applicable units will be tested and a report will be supplied to the Customer. If The Product failure falls within the guarantee parameters, Afrison will repair The Product/s and inform the Customer when the Product/s is ready for collection. If Product failure is outside of guarantee parameters (ex. power surge, lightning damage, water damage, etcetera), Afrison will quote for repairs and only after quote is accepted by Customer Afrison will start applicable repairs. The time to repair a Product is dependent on the availability of components and may vary from Product to Product.

ANNEXURE B: GUARANTEE CONDITIONS – SOLAR & SOLAR RELATED PRODUCTS AND SOLAR INSTALLATIONS:

GENERAL:

Afrison is distributor or reseller for various solar Product manufacturers and/or suppliers. Afrison supply and/or install Products and/or solar solutions, only by extending the original Product manufacturers warranty to the Customer. Afrison cannot and will never be under any obligation to supply a customer with any other warranty/guarantee as those supplied by the original manufacturer. Unless specified to the contrary Afrison guarantees installation-workmanship (Products excluded) for 12 months from installation.

TERMS AND CONDITIONS:

  • Solar goods sold and distributed by Afrison carry the Manufacturer’s Warranty. The warranty is bound by the suppliers/manufacturers terms & conditions of any particular Product supplied by Afrison. Thus if the warranty is voided for any reason what so ever by the manufacturer and or the original supplier of The Product Afrison will pass that voided warranty onto the customer.
  • All Product guarantees will be a carry-in-guarantee at any registered Afrison office.
  • Any additional costs (e.g. dismounting, freight for defect parts or Products, reinstallation, transportation time, tools for lifting and scaffolding) or other costs coming from a breakdown of installation and/or costs in relation with consequential, special, incidental or pure financial damages such as loss of revenue/profits, damage to property, stoppage of work, idle assets, loss of Production, etc. are not subject to this guarantee and AFRISON cannot be held liable for any such cost and will not compensate any Customer for such a loss or any damage which may arise to persons or properties.
  • All solar installations carry a 1 year from completion guarantee, supplied by Afrison, only on the installation workmanship.
  • If a Customer logged a workmanship claim and an Afrison installation/repair team
  • Afrison will not be held liable for any dissatisfaction if The Product does not perform to any unrealistic expectations not falling within The Product prescribed specifications and uses as per The Product manufacturer's specification or manual.
  • If installation is required by the Customer, the Customer acknowledges that Afrison did not inspect all current wiring and fittings, and acknowledges that he (the Customer) will be liable for all cost regarding replacement, rewiring or repairing existing wiring if required. All additional labor will be charged by Afrison current rates per hour, or as agreed between Afrison and the Customer. All additional material / equipment / components required over and above quoted Products to completely, effectively and safely install the system to perform to the specification will always be for the Customer’s account.
  • If installation is required by the Customer, the Customer acknowledges that he/she (the Customer) will be liable for all cost regarding additional equipment required pertaining to the installation (ladders, scaffolding, cherry pickers, etc.).
  • Delivery times where specified will always be estimates. Afrison will endeavor to adhere to such estimated delivery times. Should any delays which are beyond Afrison' control take place, Afrison will not be liable for any costs or losses incurred.
  • Where goods are not delivered by Afrison to the Customer or not collected from Afrison by the customer, but are collected or delivered to an independent carrier or courier, collection or delivery to carrier or courier will be deemed to be to the Customer. Afrison is not responsible for any goods lost or damaged while with independent carrier or courier or in transit between Afrison and Customer.

NO IMPLIED OR OTHER GUARANTEES:

The guarantee and remedies contained in AFRISON warranty conditions are the only warranties given by AFRISON in connection with defective or non-conforming Products supplied to the customer and are given in lieu of all other guarantee whether express or implied, including without limitation guarantee of merchantability, fitness for a particular purpose, or non-infringement of intellectual property rights which guarantees are hereby disclaimed. In any event, the liability of AFRISON for all claims with respect to the guarantee conditions shall not exceed the sum of payments for The Products paid by the customer which are the subject of the dispute. Moreover the customer shall not request and/or claim any payment extensions, price reductions or the termination of the supply contract if any. No agent, distributor or dealer is authorized to change, modify or extend the terms of guarantee conditions on behalf of AFRISON.

GUARANTEE CLAIMS:

No Claim will be considered without a copy of the Afrison invoice and delivery note.

The non-conforming or defective Products or parts shall become AFRISON’s property as soon as they have been replaced. AFRISON may charge the customer for returned Products or parts that are not found to be defective or non-conforming together with the freight, testing and handling costs associated therewith. The Product must be shipped to AFRISON at the Customer’s cost. The applicable units will be tested and a report will be supplied to the Customer. If The Product failure falls within the guarantee parameters, Afrison will repair The Product/s and inform the Customer when the Product/s is ready for collection. If Product failure is outside of guarantee parameters (ex. power surge, lightning damage, water damage, etcetera), Afrison will quote for repairs and only after quote is accepted by Customer Afrison will start applicable repairs. The time to repair a Product is dependent on the availability of components and may vary from Product to Product.

WEBSITE DISCLAIMER:

Consumers accessing the AFRISON website do so voluntarily and at their own risk. We do not accept any responsibility for any incident that might occur as a result of this action.

The content on this website and on any pages thereof is intended to provide information about AFRISON. Such information is not considered all-embracing and might be outdated, faulty or might contain mistakes. It is not AFRISON’s intention to force any point of view onto users by means of this website or to influence them in any way. The statements, documentation and any other content from which possible points of view can be derived is the exclusive policy and point of view of AFRISON and is solely intended to inform the website users and not to influence them in any way.

AFRISON reserves the right to make any changes and improvements to the website and its content without prior notice. These terms and conditions related to the usage of this website encompass total usage and access to the AFRISON website and are not subject to any prior communication, changes or improvements and might from time to time, after careful consideration, be changed without prior notification.

SOFTWARE:

Should any software be made available on the website for downloading by the user, or specific users, AFRISON and any third party organizations or companies to whom the software belongs will reserve the copyright thereof. (No software or any part thereof may be circulated or edited without permission) The use of such software is controlled and protected by the indicated copyright and copyright act of the relevant country where it was developed, as well as of the user thereof. Such user(s) must read the user agreement for the relevant software before installing it, or making use of it.

AFRISON accepts no responsibility of any nature whatsoever if any software is installed unlawfully or abused. Furthermore they accept no responsibility for any damage, changes or occurrences on the user’s computer as a direct or indirect result of usage or instalment of any software that was obtained from or by means of the website.

LINKS TO OTHER WEBSITES:

AFRISON’s website may possibly be linked to other Third Party websites over which is we have no control and we cannot be held responsible for its content. These links are merely for the convenience of specific users. Such Third Party websites will as far as possible be approved according to content. There might however be cases where links are placed on our website without our knowledge or approval. In such cases we cannot accept any responsibility for such links.

COPYRIGHT:

All text, photographs and documents on this website are the exclusive property of AFRISON. No unauthorized re-Production or distribution in any format whatsoever is allowed without official, written consent. All rights are reserved except where otherwise advised mentioned.

INDEMNITY:

Except where otherwise mentioned, all information contained on this website is offered on sight value. This is inclusive of all explicit or implied conditions, suppositions and powers of attorney inclusive. AFRISON accepts no responsibility or implied responsibility for accuracy, acceptability, completeness or accessibility.

E-MAIL:

The information contained in any e-mail or any attachments thereto are exclusive for the use of the persons whose names appear on the mailing list. An e-mail of this nature may contain information, which is confidential and private. If this e-mail has reached you and you are not the addressee, you are kindly requested not to distribute this email by any means, not to divulge the content of this email or to copy it in any way and not to participate in any action that stems from it. Kindly notify the sender by reply email immediately that the email message was received in error and delete the email immediately thereafter. Any opinions, points of view, conclusions or other information contained in this message is that of the sender andis not necessarily supported by AFRISON, the Body Corporate, the Management Team or the staff. AFRISON does not accept responsibility for any unlawful opinion or proposal made by the sender on behalf of AFRISON. As a result of the nature of the email communication AFRISON accepts no responsibility for the handling of confidential information that might be contained therein and will not assume any responsibility in this regard. Furthermore the responsibility to check for viruses will be that of the sender and of the receiver of the email plus its attachments. After the aforementioned email leaves the AFRISON network, AFRISON accepts no further responsibility for viruses, junk mail, or ‘spybots’ attached to it. AFRISON also reserves the right to take legal steps and or civil action if our system is in any way misused for purposes of any racist, sexist, pornographic propaganda and or any other undesirable content or attachments.