1.1. "Company" means Pro Sales Broadcast (Pty) Ltd trading as Pro Sales Broadcast , or its successor.

1.2. "Customer/s" means the party who or which purchases the Products from the Company, and includes the Customer's representatives, successors and permitted assigns, and shall also include, where applicable, any user of the website;

1.3. “CPA" means the Consumer Protection Act, 68 of 2008;

1.4. "Contract" means any contract or agreement arising out of the acceptance of any offer, whether that contract arises out of an offer made by the Company and accepted by the Customer, or an offer made by the Customer and accepted by the Company, and includes the terms and conditions of any agreement between the parties regarding installation, if applicable;

1.5. “ECTA” means the Electronic Communications and Transaction Act 2 of 2002;

1.6. "Products" means the products sold to the Customer by the Company which form the subject matter of the Contract, including but not limited to broadcast accessories and film consumables;

2. IMPORTANT NOTICES

2.1. This document contains the standard terms and conditions of sale on which the Company sells the Products or provides the services to Customers.

2.2. These terms and conditions shall be binding between the parties for all current and future online sales of the Products, unless the parties have signed new terms and conditions.

2.3. If the Customer is a consumer for the purposes of the “CPA”, then the provisions of clauses 13.2.4 and 14.4 will not apply to the Customer for the provision of the services or the sale of the Products to the Customer by the Company.

2.4. Nothing in this agreement is intended to or must be understood to unlawfully restrict, limit or avoid any rights or obligations, as the case may be, created for either of the Customer or the Company in terms of the CPA.

3. INTRODUCTION

3.1. The Company (registration number: ) is in the business of , and a representative of the Company can be contacted at , or .

3.2. The Website is run by the Company.

4. GENERAL

4.1. These standard online terms and conditions form the entire agreement between the parties. No other terms or conditions, whether express, tacit or implied shall apply to a Contract irrespective o f t h e c i r c u m s t a n c e s u n d e r which t h e Contract a r o s e . No alteration or variation of these terms and conditions shall be of any force or effect unless and until recorded in writing and approved by the Company. All provisions and the various clauses of this contract are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision or clause of this contract which becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any other reason whatsoever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as not forming part of the contract and the remaining provisions and clauses of this contract shall remain of full force and effect.

4.2. These standard online terms and conditions of sale may be periodically modified and/or amended by the Company at any time and in their sole discretion, and it is the Customer’s responsibility to ensure that they are familiar with the updated and/ or amended terms. The Customer’s continued use of this Website signifies the Customer’s acceptance hereof.

5. PURCHASE PRICE

5.1. Prices of the Products are displayed with each Product on the Website and may be withdrawn and/or altered by the Company at any time.

5.2. All prices quoted on the Website exclude VAT, charges for installation of the Products, surcharges and delivery, unless otherwise stated therein.

5.3. Where a Product is offered on discount or at a particular price the Company will not be held liable where a sale cannot be concluded because such discount or particular price can no longer be offered to the Customer as the purchase price of the Product has increased, for whatsoever reason, between the period of adding a Product to a shopping trolley and the Customer attending to the checkout and payment of the Product.

6. ACCEPTANCE OF CONTRACT

6.1. Any Product selected by the Customer may either be placed in a shopping trolley or added to a Customer’s wishlist. Placing Products in either a shopping trolley or wishlist does not constitute a contract of sale between the parties and the Company cannot be held liable for any reason whatsoever if the Product is not available when the Customer wishes to checkout and complete the purchase process. The Company furthermore reserves the right to unilaterally remove a Product from a Customer’s shopping trolley and/or wishlist should the selected Product no longer be available or in stock.

6.2. A contract shall come into existence and effect if and when a credit card authorisation is received from the issuing bank alternatively a deposit received into the Company’s nominated bank account resulting from an electronic funds transfer within 5 (five) days from the completion of the checkout process.

6.3. The Customer's order or acceptance of a price quoted on the Website is binding on the Customer and in the event that the Customer cancels the order or accepted quote, the Company may charge the Customer a reasonable cancelation fee, taking into account expenses incurred by the Company and commitments made by the Company.

6.4. Notwithstanding what is contained in clause 6.3, the Customer may not cancel an order or accepted quote where that order relates to Products that the Company has been expressly or implicitly required or expected to procure, create or alter specifically to satisfy the Customer’s requirements.

6.5. The Customer acknowledges that it is aware that the Company's sales persons, where applicable, have no authority to vary these standard terms or conditions of online sale and the Company assumes no liability and shall not be bound by any statements, warranties or representations made by such sales persons save as expressly stated in writing and signed by a manager or director of the Company, duly authorised.

6.6. The Company may cancel any orders made by the Customer, in part or in full, without reason and shall be liable only to refund to the Customer monies already paid in respect to the cancelled Product.

6.7. While the Company makes every effort to ensure that the information and stock listing on their Website it correct and accurate the Company will not be held liable for any inaccuracies and will endeavour to inform the Customer of any delays or Products out of stock.[/vc_column_text][/vc_column][vc_column width="1/2"][vc_column_text][vc_row][vc_column width="1/1"][vc_column_text]

7. PRODUCT AVAILABILITY

7.1. The stock quantities of each individual Product on offer for sale on the Website are limited.

7.2. The Company endeavours to take all reasonable steps to remove a Product from the Website or indicate on the Website accordingly that the specific Product is out of stock.

7.3. Should a Product be sold to the Customer that is out of stock, the Company will be liable to refund the Customer where the Company is unable to fulfil the order of the Product at the advertised purchase price. The Company shall inform the Customer of any change in the delivery date where a Product is out of stock but the order is able to be fulfilled as aforementioned.

8. PAYMENT

8.1. Payment of the purchase price of the Products, including VAT and any other applicable costs, shall be made to the Company, without deduction or set-off, upon order of the Products by the Customer and upon checkout on the Website.

8.2. The Products shall not be collected from or delivered to the Customer without full payment of the purchase price having been made by the Customer to the Company, and the checkout purchase process being completed.

8.3. Ownership in the Products shall not vest in the Customer and shall remain with the Company until such time as the full purchase price, including all and any additional and applicable costs have been paid by the Customer to the Company.

8.4. Payment may be made via:

8.4.1. Visa, Mastercard, Diners or American Express credit cards or debit cards in accordance with clause 8.7; or

8.4.2. made by bank transfer into the Company’s nominated bank account, the details of which will be provided upon the request of the Customer.

8.5. Should the Customer request to make payment by bank transfer then such payment shall be reflected in the bank account of the Company within 5 (five) days of the online checkout purchase process having been completed. Should the purchase price not reflect in the Company’s nominated bank account as aforementioned then the Company may sell the Product to a third party in order to defray costs and the Customer shall have no claim whatsoever against the Company in such circumstances. This shall not release the Customer from liability and/or damages in respect thereof, as the case may be.

8.6. Should the Customer fail to make any payment on due date then all amounts owing by the Customer to the Company from whatsoever cause will immediately become due and payable by the Customer and the Customer shall immediately forfeit all discounts of whatsoever nature which may have been expressly granted to it by the Company.

8.7. Credit card transactions will be acquired for the Company via Paygate (Pty) Ltd (“Paygate”) who are the approved payment gateway for Standard Bank of South Africa Limited. Paygate uses the strictest form of encryption, namely Secure Socket Layer 3 (“SSL3”) and no credit card details are stored on the Website. The Customer may visit Paygate’s website at www.paygate.co.za to view their security certificate and security policy.

8.8. The Customer’s personal details will be stored by the Company separately from the Customer’s credit card details which are entered by the Customer on the Paygate secure website.

8.9. The Company’s outlet country at the time of presenting payment options to the credit card holder is South Africa and the transaction currency is South African Rand.

9. DELIVERY OF THE PRODUCTS

9.1. Delivery of the Product shall take place at the address specified by the Customer on the Website and the Customer shall be deemed to have accepted the Product upon their delivery to such address. The Customer shall make all necessary arrangements to take delivery for the Product whenever they are tendered for delivery.

9.2. The Customer undertakes to notify the Company forthwith in writing of any change in address timeously.

9.3. The Product may be collected directly from the Company if agreed to in writing between the parties.

9.4. Deliveries take place during normal business hours from Monday to Friday, unless otherwise agreed between the parties, and all deliveries will be subject to a delivery fee calculated according to the delivery address of the Customer. This delivery fee will be communicated to the Customer at the time of placing the order for the Product and will be paid for by the Customer at the time of completing the checkout process and making payment for the Product. Additional delivery fees will be charged to the Customer in instances where delivery is impossible due to inaccessibility and/or failure to adhere to appointment time.

9.5. The Customer agrees that the signature of the Customer, any agent, contractor, sub-contractor or employee of the Customer on the Company’s official trip sheet / delivery note / invoice / waybill, or the delivery note of any authorised independent carrier will constitute delivery of the Product purchased. Delivery shall furthermore be deemed to have taken place against proof of posting if the Product is posted to the Customer or delivery to the South African transport services or road carriers if the Products are railed or transported by the Company to the Customer in this manner. The post office / South African transport service / road carrier shall act as an agent of the Customer.

9.6. The Customer acknowledges that the delivery dates given by the Company in advance are estimated. The Company 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, the Company shall not be liable for failure to perform or delay in performance hereunder resulting from any cause beyond the Company’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 the Company's control, or whether caused by negligence or otherwise.

9.7. If Products, when ordered together, have various delivery dates then the date of the Product which is latest in time shall be the estimated date of delivery of all the Products specified in the order, unless the Customer requests part delivery of certain Products, subject to additional delivery fees.

9.8. If the Company is unable to deliver the Product to the Customer for reasons beyond its control, then the Company shall be entitled to place the Product in storage until such time as delivery may be affected and the Customer shall be liable for any expense associated therewith, including, without limitation, storage costs.

9.9. Subject to a quote or written agreement between the parties providing to the contrary, risk in and to the Products shall pass to the Customer upon delivery, regardless of whether or not the Company has agreed to effect installation of the Products.

9.10. The Customer shall immediately upon receipt of the Products from the Company be allowed to inspect the Products and the Customer must inform the Company of any errors by way of written notice, to be received by the Company within 10 (ten) days of receipt of the Products by the Customer. Should the Customer fail to notify the Company of any claim the Customer may have in terms hereof within the specified 10 (ten) day period such failure shall constitute a complete waiver of any such claim.

9.11. Any of the Products delivered to the Customer in error will only be considered for return by the Company provided that such Products are undamaged, have not been tampered with in any way and are not defaced in any way.

9.12. If the Customer, due to some fault of its own, cannot accept or should it request the Company in writing to suspend or delay delivery of the Products, the Company reserves the right to claim any additional costs, including storage costs, involved from the Customer.