Terms of service

Automation HQ: Terms and Conditions for Products & Services

Introduction: By accepting any quotation, placing an order, receiving an invoice, or making payment to Automation HQ, you, the Customer, agree to be unconditionally bound by the following Terms and Conditions. These terms govern all products, services, advice, and installations provided by Automation HQ.

1. Quotations, Orders, and Acceptance

1.1 Quotation Validity: A quotation issued by Automation HQ is an estimate valid for 7 calendar days (unless otherwise stated) and does not constitute a binding offer. Prices and stock availability are subject to change without prior notice.
1.2 Order Placement: Your order for products and/or services constitutes an irrevocable offer to purchase from Automation HQ under these terms.
1.3 Contract Formation: An order is only deemed accepted and a binding contract formed upon Automation HQ's written acceptance (which may include the issuance of an invoice) and your receipt of such confirmation.
1.4 Order Changes & Cancellations: Orders, once accepted, cannot be varied or cancelled except with the express prior written consent of Automation HQ, which may be subject to cancellation fees, restocking fees, and recovery of costs for services already rendered or products procured.

2. Payment

2.1 Payment Due: Payment for all products and services is due upon acceptance of our quotation, or strictly as per the payment schedule and due dates explicitly outlined on the invoice.
2.2 Overdue Accounts: Any amount not paid by the due date will bear interest at a rate of Prime (as published by Nedbank Limited) plus 2% (two percent) per annum, calculated monthly in arrears.
2.3 Retention of Ownership: Automation HQ retains full legal ownership of all products supplied until full and final payment for those products and any associated services (including installation) has been received. Risk in and to the products shall, however, pass to the Customer upon delivery.

3. Delivery, Installation, and Acceptance of Goods

3.1 Delivery & Installation Dates: Any dates or times provided for delivery or installation are approximate estimates only and are not of the essence. Automation HQ will make every reasonable effort to meet agreed-upon timeframes but shall not be liable for any losses, costs, damages, or expenses caused by any delay in delivery or installation. Such delays will not entitle the Customer to cancel the contract.
3.2 Site Access & Readiness: The Customer is solely responsible for ensuring the installation site is ready and accessible, and for providing all necessary services, infrastructure (e.g., power, internet access), and information required by Automation HQ to carry out its obligations without delay. Delays caused by the Customer's failure to meet these requirements may incur additional charges.
3.3 Acceptance of Products: The Customer, or an authorized representative, must be present to receive and visually inspect all products upon delivery or completion of installation. Any shortages, visible damage, or discrepancies must be noted in writing on the delivery/installation document and reported to Automation HQ via email within 24 hours of delivery or installation completion. Failure to do so will result in the products being deemed delivered and accepted in good condition and free from defects or shortages.
3.4 Non-Installation of Products: Where products are purchased without installation services from Automation HQ, the Customer bears full responsibility for the correct installation and integration of such products.

4. Product Warranties & Limitation of Liability

4.1 Manufacturer's Warranty Only: All warranties, guarantees, and support for products are strictly limited to those provided by the original product manufacturer. Automation HQ provides no additional warranties or guarantees whatsoever, whether express or implied, regarding the products. The Customer acknowledges that their rights in relation to product warranties are subject to the original manufacturer's and Automation HQ's supplier's terms and conditions.
4.2 Installation Warranty: Automation HQ warrants its installation services to be free from defects in workmanship for a period of 90 days from the date of installation. This warranty does not cover defects or damage arising from faulty products, Customer misuse, alterations, or maintenance by third parties.
4.3 Disclaimer of Implied Warranties: Automation HQ specifically disclaims, to the fullest extent permitted by law, any implied warranty of merchantability or fitness for a particular purpose for any products supplied.
4.4 Limitation of Liability: In no event shall Automation HQ be liable for any special, indirect, incidental, or consequential damages, including but not limited to loss of profits, data, revenue, anticipated savings, or business interruption, arising from or in connection with the products or services provided, whether based on contract, tort (including negligence), strict liability, or otherwise, and whether or not Automation HQ was advised of the possibility of such damages.
4.5 Total Liability Cap: Automation HQ's total aggregate liability for any claim arising from or in connection with the products or services provided shall in all circumstances be limited to the net amount actually paid by the Customer for the specific products or services giving rise to the claim.
4.6 Indemnity: The Customer agrees to indemnify, defend, and hold Automation HQ, its employees, and agents harmless against any and all claims, liabilities, costs, expenses (including legal fees on an attorney-and-own-client scale), demands, actions, or damages by any third party arising from the Customer's use, misuse, or improper installation of the products, or any breach of these terms.

5. Intellectual Property

5.1 Ownership: All intellectual property rights (including patents, copyrights, trademarks, and trade secrets) associated with products and any related documentation (e.g., manuals, software, firmware, designs) remain the exclusive property of the original manufacturers and/or suppliers.
5.2 Non-Infringement: The Customer agrees not to infringe upon these intellectual property rights, nor to duplicate, reproduce, reverse-engineer, modify, or distribute any copyrighted or proprietary material without the express prior written permission of the respective rights holder.

6. Breach and Termination

6.1 Customer Breach: Should the Customer breach any of these Terms and Conditions (including, but not limited to, failure to make a payment on its due date, or providing false information), Automation HQ reserves the right, without prejudice to any other remedies available, to:
- Suspend or cease providing services.
- Cancel any outstanding orders or agreements.
- Claim immediate payment of all outstanding amounts, whether due or not.
- Repossess any products where ownership has not yet passed due to non-payment.
6.2 Legal Costs: In the event of a breach by the Customer, the Customer agrees to be liable for all legal costs, including collection commission and tracing charges, incurred by Automation HQ on an attorney-and-own-client scale.

7. Governing Law and Jurisdiction

7.1 Governing Law: This agreement shall be governed by and construed in accordance with the laws of the Republic of South Africa.
7.2 Jurisdiction: The Customer consents to the jurisdiction of the Magistrate’s Court having jurisdiction over Automation HQ, notwithstanding that the claim may exceed the normal jurisdiction of the Magistrate’s Court. Automation HQ, however, retains the right to institute proceedings in any other court of competent jurisdiction.

8. Privacy Policy

8.1 Data Protection: Automation HQ is committed to protecting your privacy. Our collection, use, and storage of personal information are governed by our Privacy Policy, available on our website. By entering into this agreement, you consent to the processing of your personal information as outlined in our Privacy Policy.