Terms & Conditions

1. Disclosure in terms of the ECT Act

The following disclosure is made in terms of section 43 of the Electronic Communications and Transactions Act, 25 of 2002:

• Full name: Shantui South Africa (Pty) Ltd
• Registration number: 2019/442017/07
• VAT number: 4820291763
• Physical address: 21 Saxenburg Rd, Blackheath, 7580
  Cape Town, South Africa, Boksburg, 1459, Gauteng, South Africa
• Telephone: +27 (0) 21 905 1833
• E-mail: sales@itrix.co.za
• Website: www.shantui-sa.co.za
• Nature of business: Distribution, sale, rental, servicing and support of construction and mining machinery and related spare parts.

2. Use of this website

By accessing or using this website you agree to these terms. If you do not agree, please do not use the site.

• You may browse, print and download content for your own internal business or personal use.
• You may not use the site unlawfully, attempt to gain unauthorised access to any system, or interfere with its operation.
• You may not scrape, harvest or systematically extract content, or use automated systems to send enquiries.
• You may not submit false information through our forms or use them to distribute unsolicited communications.
• We may suspend or withdraw all or part of the site without notice for maintenance or operational reasons.

3. Content and accuracy

We take reasonable care to keep the information on this site accurate and current, but specifications, images, availability and pricing are provided for general guidance only.

• Machine specifications are indicative and may change without notice as the manufacturer develops products.
• Illustrations and diagrams are representative and may show optional equipment not included as standard.
• Where a page indicates that content is demonstration material, it is illustrative and not a representation of fact.
• Only a written quotation issued by us is binding. Nothing on this site constitutes an offer capable of acceptance.
• Errors and omissions excepted (E&OE).

4. Intellectual property

All content on this site, including text, layout, graphics, illustrations, code and the arrangement of them, is owned by or licensed to Shantui South Africa (Pty) Ltd and is protected by copyright and other laws. "Shantui" and associated marks are the property of Shantui Construction Machinery Co., Ltd. and are used under licence. You may not reproduce, republish or commercially exploit any content without prior written permission.

5. Quotations and orders

• Quotations are valid for 14 days from date of issue unless stated otherwise, and are subject to stock availability at the time of order.
• Prices exclude VAT, transport, offloading, permits and any statutory levies unless expressly stated.
• Prices for imported machines and parts may be adjusted for exchange-rate movement between quotation and order, where the quotation says so.
• An order is only accepted once we issue a written order confirmation or proforma invoice.
• Ownership of goods passes only on receipt of payment in full and cleared funds.
• Cancellation of a confirmed order for a special-configuration or indent machine may attract a cancellation charge.

6. Delivery and risk

• Delivery dates are estimates given in good faith and are not guaranteed unless expressly agreed in writing.
• Risk in the goods passes to you on delivery to the agreed address or on collection, whichever occurs first.
• You must inspect goods on delivery and note any visible damage or shortage on the delivery documentation.
• Site access, offloading facilities and any required permits are your responsibility unless we have quoted for them.

7. Warranty

• New machines carry a 12-month or 2 000-hour manufacturer warranty, whichever occurs first, from date of commissioning.
• Genuine parts carry a 6-month warranty from date of fitment, or as stated on the relevant invoice.
• Certified component rebuilds carry the written warranty stated on the rebuild certificate.
• Warranty is conditional on servicing at the specified intervals using genuine parts and approved lubricants, and on service records being maintained.
• Warranty excludes normal wear items (including undercarriage, ground engaging tools, tyres, filters and fluids), damage caused by misuse, overloading, accident, unauthorised modification or operation outside the machine's design parameters.
• Nothing in these terms limits any right you have under the Consumer Protection Act, 68 of 2008, where it applies to you.

8. Parts returns

• Returns must be requested within 14 days of invoice and require a return authorisation number from us.
• Parts must be unused, in original undamaged packaging and in resaleable condition.
• A handling fee of up to 15% may apply to correctly supplied parts returned for customer convenience.
• Special-order, indent and electrical items are not returnable unless faulty.
• Where we supplied an incorrect part, we will replace it and carry the return cost.

9. Limitation of liability

To the maximum extent permitted by law, and save for liability that cannot lawfully be excluded:

• This website is provided "as is" without warranties of any kind as to its availability or fitness for a particular purpose.
• We are not liable for indirect or consequential loss, including loss of profit, production, contract, data or anticipated savings.
• Our aggregate liability arising from any transaction is limited to the amount paid by you for the goods or services giving rise to the claim.
• We are not responsible for the content, security or privacy practices of third-party websites linked from this site.
• Nothing in this clause limits liability for death or personal injury caused by our negligence, or for fraud.

10. Governing law and disputes

These terms are governed by the laws of the Republic of South Africa. You consent to the jurisdiction of the Magistrate's Court having jurisdiction over you, notwithstanding that the claim may exceed that court's normal monetary limits, without prejudice to our right to institute proceedings in the High Court.

Before commencing formal proceedings, the parties will attempt in good faith to resolve any dispute by negotiation between senior representatives within 15 business days of written notice.

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These terms have been prepared as part of a demonstration website. They should be reviewed and adapted by your legal adviser, and aligned with your signed sale, rental and service agreements, before publication.