TERMS AND CONDITIONS

Updated 29 November 2004

1.                GENERAL INFORMATION

1.1            Locost SA is a subsidiary of Ridge Systems CC, CK9542092/23, PO Box 318, Randpark Ridge, 2156, South Africa, in the terms of this document, or on the website located at http://www.locost.co.za, any reference to Locost SA or Ridge Systems should be treated as one and the same.

1.2            These terms and conditions shall apply to all contracts entered into by Ridge Systems, hereafter referred to as Ridge, for the supply of products, provision of services, etc. Any conditions which the Purchaser may seek to impose shall not over-ride the terms stated hereof, notwithstanding that they may purport to do so, unless expressly and specifically agreed to by Ridge in writing. In such an event, the terms hereof shall only be varied to the express extent agreed upon.

2.                COPYRIGHT

2.1            Copyright 2004 © Ridge Systems, PO Box 318, Randpark Ridge, South Africa. All rights not expressly granted are reserved. Permissions for the use of any content on this site may be obtained from The Managing Member at +27 11 794 7030 or e-mail info@ridge.co.za.

2.2            No person, business or web site may use any technology to search and gain any information from this site without the prior written permission of Ridge.

2.3            Users may download, view and print content from this site for private and non-commercial purposes only.

2.4            Ridge Systems does not accept any liability for illegal, defamatory or obscene content. Users are encouraged to inform Ridge of any content that may be offensive or illegal.

3.                INTELLECTUAL PROPERTY RIGHTS

3.1  All the content, trademarks and data on this web site, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, designs and agreements, are the property of or licensed to Ridge and as such are protected from infringement by local and international legislation and treaties.

4.                ELECTRONIC COMMUNICATIONS

4.1            When a user visits Ridge or sends e-mails to Ridge, that user consents to receiving communications from Ridge electronically and agrees that all agreements, notices, disclosures and other communications sent by Ridge satisfies any legal requirements, including but not limited, to the requirement that such communications should be “in writing”.

5.                HYPERLINKS

5.1            No person, business or web site may link to any page on this site without the prior written permission of Ridge. Such permission could be obtained from the person referred to in clause 1 hereof.

5.2            Hyperlinks provided on this site to non-Ridge sites, including but not limited to Ridge Systems, are provided as is and Ridge does not necessarily agree with, edit or sponsor the content on such web pages.

6.                FRAMING

6.1            No person, business or web site may frame this site or any of the pages on this site in any way whatsoever.

7.                DISCLAIMER

7.1            Apart from the provisions of sections 43(5) and 43(6) of the Electronic Communications and Transactions Act, neither Ridge nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this web site or the services or content provided from and through this web site. Furthermore, Ridge makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this web site are free from errors or omissions or that the service will be 100% uninterrupted and error free. Users are encouraged to report any possible malfunctions and errors to the person referred to in clause 1.

7.2            This web site is supplied on an “as is” basis and has not been compiled or supplied to meet the user’s individual requirements. It is the sole responsibility of the user to satisfy itself prior to entering into this agreement with Ridge that the service available from and through this web site will meet the user’s individual requirements and be compatible with the user’s hardware and/or software.

7.3            Information, ideas and opinions expressed on this site should not be regarded as professional advice or the official opinion of Ridge and users are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this site.

7.4            All items purchased from Ridge are made pursuant to agreements with shipping and delivery agents and risk of loss pass from Ridge to such agents upon delivery of any item to such carrier.

7.5            Neither Ridge nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use any product sold on this web site.

8.             COSTS

8.1            The price of each product is displayed with the product. In the event of a sale or special offer, the discounted price is displayed.

8.2                  Unless stated otherwise prices quoted are exclusive of VAT.

8.3                  A non-refundable deposit is payable on placement of order, this deposit to be to a percentage of the order value based on the products or services ordered, 20% on kits, modules and complete cars, 30% on options, special order items or any other products or services.

8.4                  Unless stated otherwise in writing, payment for goods supplied or services rendered shall be made in full on prior to collection or despatch or on presentation of invoice.

8.5                  Under no circumstances shall the Purchaser be entitled to hold any retention moneys, deduct any discounts, set off any amounts or deduct any counter claims.

8.6                  Where payment is not received within 14 days of the Purchaser being advised of the order, or part thereof, being available for collection or despatch, Ridge has the right to sell such goods to another party, Ridge retains sole discretion as to whether any deposit paid will be credited, if such discretion is exercised Ridge has the rights to deduct any costs incurred or discounts offered in the attempt to sell such products.

8.7                  Purchaser agrees to pay interest at the ruling prime bank overdraft rate plus 2% on all outstanding moneys due should payments not be made within 14 days of invoice date.

8.8                  Notwithstanding delivery of goods by Locost to the Purchaser, ownership of such goods shall remain with Locost until such time as the total purchase price in respect of such goods has been paid.

9.                DELIVERIES

9.1            Unless stated otherwise all prices quoted are exclude delivery, ex Locost, Randburg. The cost of delivery is dependant on the size and weight of products, on request delivery costs will be advised prior to finalisation of any purchase contract.

9.2            While every effort will be made to ensure that all items shown are in stock we offer no guarantee of availability and this electronic publication does not constitute an offer for sale. Their specification can change and may differ from those outlined in any publication. Goods, which are not to special order, are normally dispatched within 48 hours.

10.           VALUE ADDED TAX:

10.1 Value added tax at the rate of 14% is charged on goods bought by South African residents.

10.2 VAT is not payable on international orders.

11.                IMPORT DUTIES

11.1 Import duties may be payable by recipients of goods in foreign countries. Ridge does not know what levies may be payable and cannot calculate or estimate such costs.

12.                PAYMENT METHODS

12.1 Credit card payments.

12.1.1  At the time of placing the order, the transaction details are presented to the bank and an authorization is obtained for the amount of the order.

12.1.2  Payment is only collected when the order is completed and the goods are advised as ready for collection or despatch.

12.1.3  Note that to protect it’s own and the interests of customers, Ridge scrutinizes all transactions very carefully to prevent attempted fraud and a transaction may be refused if Ridge is not satisfied with it’s legitimacy.

12.2 Bank deposit payments. If the buyer selects the ‘pay via bank deposit’ button, instructions will be given on how to deposit monies into the Ridge bank account and would be subject to the following rules:

12.2.1  The exact amount must be paid

12.2.2  The payment must be identified by supplying the order number and surname in the reference section of the deposit slip or on the electronic transfer.

12.2.3  No transfers must be made from ATM’s

12.2.4  Cheque deposits are subject to a clearing period.

12.2.5  No bank deposits are accepted from outside the borders of South Africa.

12.2.6  Unpaid bank deposit orders are cancelled after five business days.

13.                AGREEMENTS OF SALE

13.1 Placing an item in a shopping basket or adding it to a wishlist without completing the purchase cycle does not:

13.1.1  constitute an agreement of sale between Ridge and users cannot hold Ridge lliable if such items are not available when the purchase cycle is completed later; and/or

13.1.2  constitute an order for such an item; and

13.1.3  Ridge may remove such an item from the shopping basket or wishlist if no stock is available.

13.2 An agreement of sale between Ridge and a user only comes into effect if and when:

13.2.1  A credit card authorisation is received from the issuing bank; or

13.2.2  A deposit of an electronic transfer is reflected on Ridge’s bank statement (and only if such payment is received within 5 (five) business days after completion of the purchase cycle); or

13.2.3  A direct deposit is reflected on Ridge’s bank statement (and only if such payment is received within 5 (five) business days after completion of the purchase cycle.

13.3 Ridge reserves the right to refuse to accept and/or execute an order without giving any reasons. Ridge also reserves the right to cancel orders in whole or in part as circumstances dictate. Ridge shall only be liable to refund monies already paid by the user.

13.4 Ridge shall take all reasonable efforts to maintain correct prices. However, should errors occur and items are offered at incorrect prices, Ridge will not be obliged to sell goods at such incorrect prices and shall only be liable to refund monies paid.

13.5 Consumers can view or print a full record of the transaction that is maintained for a period of twelve months on the Ridge website.

14.           STOCK AVAILABILITY

14.1 Stocks of all goods on offer are limited. Ridge shall take all reasonable efforts to discontinue the offer as soon as stock is no longer available. However, should items still be offered after stocks are sold, Ridge shall only be liable to refund monies where it is unable to fulfil orders at advertised prices.

15.                COLOURS.

15.1 The colour of goods may vary slightly from that shown on the website due to limitations of browser software and monitors.

16.                SPECIAL OFFERS

16.1 Ridge shall not be liable for the sale of items at lower prices if such prices were increased and users and/or purchasers could not, for any reason whatsoever, conclude an agreement of sale while such prices remained low.

16.2 If Ridge supplies the wrong product or if the product is in any way faulty or damaged, Ridge will exchange it for the correct one. However, if the product is no longer being offered at the special price, it will not be replaced and Ridge will refund the purchase price.

17.                GUARANTEE

17.1          Where products are sourced from outside of South Africa, Manufacturers guarantees are the sole guarantee provided by Ridge. Any claims under the guarantee will be referred, at Ridge’s discretion, to the manufacturer for determination as to whether or not the defect falls into the guarantee and such determination shall be final and binding on all parties

17.2          Guarantee for items sourced within South Africa and not covered by the manufacturers. If Ridge supply the wrong product or if the product is in any way faulty or damaged, Ridge will exchange it for the correct one within 7 days of receipt by the customer. Ridge will make a reasonable effort to exchange the product, but if replacement is not possible, Ridge will refund the purchase price excluding any delivery costs.

17.3          Special offers: If Ridge supplies the wrong product or if the product is in any way faulty or damaged, Ridge will exchange it for the correct one. However, if the product is no longer being offered at the special price, it will not be replaced and Ridge will refund the buyer’s purchase price excluding any delivery costs.

17.4          If the Purchaser is not satisfied with his/her choice and the product is still in exactly the same condition as when it was despatched from Ridge, the user may return it within 7 days of receipt by the customer and Ridge will refund the purchase price excluding delivery costs, a handling fee of 10% may be applied at the sole discretion of Ridge. No item costing more than R500 will be accepted as a return under this provision.

18.                GOVERNING LAW

18.1 This site is hosted, controlled and operated from the Republic of South Africa and therefore governed by South African law.

19.                PRIVACY

19.1  Ridge shall take all reasonable steps to protect the personal information of Users. For the purpose of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://www.polity.org.za/html/govdocs/legislation/2000/act2.pdf

19.2  Ridge may electronically collect, store and use the following personal information of Users: name and surname; birth date; gender; address; country of residence; non-personal browsing habits and click patterns; e-mail address; and IP address.

19.3  Ridge collects, stores and uses the abovementioned information for the following purposes:

19.3.1 to greet the User when he/she accesses the Ridge web site;

19.3.2 subject to the User’s consent, inform the User of facts relating to his/her access and use

of the Ridge website;

19.3.3 subject to the User’s consent, inform the User about competitions and special offers

from Ridge and/or its partners / affiliates;

19.3.4 to compile non-personal statistical information about browsing habits, click-patterns and

access to the Ridge web site.

19.4  Information detailed above is collected either electronically by using cookies or is provided voluntarily by the User. Users may determine cookie use independently through their browser settings.

19.5  The User may elect not to receive any communications from Ridge and/or its partners / affiliates.

19.6  Ridge may collect, maintain, save, compile, share, disclose and sell any information collected from users, subject to the following provisions:

19.6.1 Ridge shall not disclose personal information from Users unless the User consents

thereto.

19.6.2 Ridge shall disclose information without the User’s consent only through due legal

process; and

19.6.3 Ridge may compile, use and share any information that does not relate to any

specific individual.

19.7  Ridge.net owns and retains all rights to non-personal statistical information collected and compiled by Ridge.

20.                SECURITY

20.1 Any person that delivers or attempts to deliver any damaging code to this web site or attempts to gain unauthorised access to any page on this web site shall be prosecuted and civil damages shall be claimed in the event that Ridge suffers any damage or loss.

20.2 The user agrees and warrants that its log-in name and password shall:

20.2.1 be used for personal use only; and

20.2.2 not be disclosed to any third party.

20.3 The user allows Ridge to take all reasonable steps to ensure the integrity and security of the Ridge site and back-office applications.

20.4    Virtual Card Services process all credit card transactions. All credit card transactions are Secure Socket Layers encrypted. The company registration documents and the site's registered domain name are checked and verified by Thawte.

20.5    Virtual Card Services is committed to providing secure online services. All encryption complies with international standards. Encryption is used to protect the transmission of personal information when completing online transactions. Virtual Card Services Internet servers are protected by firewalls and intrusion detection systems.

 

21.                CHANGES TO AGREEMENT

21.1 Ridge may, in its sole discretion, change this agreement or any part thereof at any time without notice.

22.                DISPUTES

22.1 In the event of any dispute of any nature whatsoever arising between the parties on any matter provided for in, or arising out of this agreement, and not resolved through the Customer Relations Department of Ridge, then such a dispute shall be submitted to confidential arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa. Arbitration proceedings shall be conducted in Cape Town in English. The arbitration rules may be downloaded from: http://www.arbitration.co.za/Pages/docs/expedited_rules.pdf.

23.                DOMICILIUM

23.1 Ridge chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature, 9 Lyster Crescent, Randpark Ridge, Johannesburg

24.           TERMS AND TERMINATION

24.1 This agreement shall commence when the user registers on the Ridge site or places an order with Ridge, and continues indefinitely until terminated by Ridge in terms of clause 19 hereto or for any other reason.