Terms and conditions of sale

Important clauses. Clauses 6.6, 9, 10 and 11 limit our liability, place a risk on you or ask you to indemnify us. They are printed in bold so that you notice them, as the Consumer Protection Act requires (CPA s49). Please read them before you ask for a quote or place an order.

1. These terms and when they apply

1.1 These terms apply to every sale of goods and every related service by Omnitronix (Pty) Ltd, registered as K2025783241 (South Africa) (Pty) Ltd, registration number 2025/783241/07 ("Omnitronix", "we", "us"), to any customer ("you").

1.2 They apply from the first time you deal with us in any of these ways, and to every later dealing:

(a) you ask us for a quote, a price or stock availability;

(b) you place an order by email, telephone, purchase order, in person or on omnitronix.co.za or omnipart.co.za;

(c) you pay us, or send us proof of payment;

(d) you collect goods or accept delivery of them;

(e) you use our websites to buy, or open or use an account with us.

1.3 We bring these terms to your attention before you contract with us: every quote, order confirmation, invoice and email from us carries a line that refers to them and links to them, they are published at omnitronix.co.za/terms, and we send a copy free of charge to anyone who asks. If you have not seen them before you deal with us, ask us for a copy before you order.

1.4 These terms apply instead of any terms on your purchase order, email or other document, unless a director of Omnitronix agrees in writing to change them for a specific order. A signed credit account application (OMN-LEG-008) adds to these terms for account customers.

1.5 These policies form part of these terms: Delivery and shipping (OMN-LEG-002), Returns, refunds and exchanges (OMN-LEG-003), Warranty and product support (OMN-LEG-004), the Privacy notice (OMN-LEG-005) and, for website orders, the Website terms of use (OMN-LEG-007).

1.6 If you are a consumer, nothing in these terms takes away a right you have under the Consumer Protection Act 68 of 2008 (CPA) or the Electronic Communications and Transactions Act 25 of 2002 (ECTA). Where a clause conflicts with either Act, the Act applies and the rest of the clause stays in force as far as the law allows.

2. Definitions

2.1 In these terms:

(a) business day means Monday to Friday, except South African public holidays;

(b) business customer means a customer who is not a consumer;

(c) consumer means a person who is a consumer under the CPA: any individual, including a sole trader, and any company, close corporation, trust or partnership whose asset value or annual turnover is below the threshold set under CPA s6, currently R 2 million;

(d) goods means the parts, instruments, consumables and other products we sell;

(e) online consumer means an individual who buys from us as the end user through a website, email or other electronic means, as defined in ECTA s1.

2.2 If you are a company or other juristic person, you tell us whether your asset value or turnover is above or below R 2 million when you open an account or when we ask. If you do not tell us, we treat you as a consumer.

3. Quotes and orders

3.1 A quote is an offer to sell the goods at the stated price and is valid for 14 days from its date, unless the quote states otherwise or the goods are sold out before you accept.

3.2 Imported goods are priced at the exchange rate on the date of the quote. If the rate moves before you accept the quote and pay, we may issue a new quote. Once we have accepted your order and you have paid, the price does not change.

3.3 An order is accepted when we confirm it in writing (including by email or the website order confirmation) or when we dispatch or hand over the goods, whichever comes first. We may decline an order before we accept it, for example if the goods are no longer available, and we refund anything you have paid.

3.4 Goods we do not hold in stock, and goods we order from an overseas supplier for you ("special orders"), are ordered only once you have paid in full. Lead times for special orders are the supplier's estimate and can change.

3.5 Once we have placed a special order with our supplier, you may cancel it only on paying the costs we cannot recover, such as the supplier's cancellation or restocking charge and freight already paid. We tell you this amount before you cancel. For consumers, this charge is no more than a reasonable charge under CPA s17.

3.6 You are responsible for the part number, model, voltage and quantity on your order, unless you asked us to choose the part for you and told us what it was for (see clause 9).

4. Prices and pricing errors

4.1 Omnitronix is not registered for VAT. Our prices do not include VAT and no VAT is payable on them. If any quote, invoice or checkout shows VAT, that is an error and we refund the VAT amount in full to the account that paid it.

4.2 Prices are in South African rand and include only what the quote or invoice says. Delivery is charged separately as shown on the quote, invoice or checkout (see OMN-LEG-002).

4.3 If we register for VAT in future, we will tell you. VAT will then be added only to orders accepted after the registration date.

4.4 If a price shown is clearly wrong (for example, a missing digit or the price of a different item), we will tell you before we accept the order or as soon as we find the error. You may then accept the correct price or cancel and receive a full refund. If we have overcharged you, we refund the difference to the account that paid. For consumers, we do not charge more than the displayed price except as the CPA allows (CPA s23).

5. Payment and banking safety

5.1 Unless you have an approved credit account, you pay in full before we dispatch or hand over the goods.

5.2 We accept electronic transfer (EFT), card payments where our website checkout offers them, and cash only by prior arrangement. We do not accept cheques.

5.3 Use your quote or invoice number as the payment reference and send your proof of payment to [email protected]. A proof of payment is not payment. We may wait until the money reflects in our bank account before we release the goods.

5.4 Our only bank account is:

5.5 Our banking details do not change by email. We will never ask you by email, SMS or WhatsApp to pay into a different account. If you receive such a request, do not pay. Phone us on 011 568 9948 to confirm before you pay into any account that differs from clause 5.4.

5.6 A payment into any account other than the one in clause 5.4 is not a payment to us, and you still owe the amount. This does not apply where the change of account was caused by our own gross negligence.

6. Delivery, collection and risk

6.1 We deliver by courier or you may collect from 60 6th Street, Linden, Johannesburg. The Delivery and shipping policy (OMN-LEG-002) sets out the couriers, charges, times and claims.

6.2 Delivery dates and times are estimates given by the courier, not guaranteed dates, unless we have agreed a fixed date with you in writing.

6.3 Check the goods and the packaging when they arrive. Note any visible damage or a short delivery on the courier's proof of delivery and tell us within two business days, so that we can claim from the courier.

6.4 If you collect, you or the person you authorise in writing must show the order number and identification.

6.5 For consumers, the goods stay at our risk until you have accepted delivery (CPA s19).

6.6 For business customers, risk in the goods passes to you when we hand them to the courier, or when you or your courier collect them. We still lodge and follow up any claim against the courier for you, as set out in OMN-LEG-002.

7. Ownership

7.1 We remain the owner of the goods until we have received payment in full for them, even if they have been delivered to you. Until then you must not sell, pledge or fit them except in the ordinary course of your business, and you must give them back if we ask because payment is overdue.

8. Returns, defects and warranty

8.1 Returns, refunds and exchanges follow OMN-LEG-003. Defects and manufacturer warranties follow OMN-LEG-004.

8.2 For consumers, the goods carry the implied warranty of quality in CPA s56 for six months after delivery, in addition to any manufacturer warranty. If the goods are defective in that period, you choose whether we repair them, replace them or refund you.

8.3 For business customers, we pass on the manufacturer's warranty. We repair or replace defective goods, or refund the price, at our choice, within the manufacturer's warranty period and on the manufacturer's assessment.

9. Choosing the right part

9.1 Our customers are mostly workshops, fleets and auto electricians who choose parts by part number. Unless you asked us to choose a part for a stated purpose and relied on our advice, you are responsible for checking that the part you order fits and suits your vehicle or system.

9.2 If you tell us what the goods are for and rely on our advice, the goods must be reasonably suitable for that purpose (CPA s55(3)). We give technical advice in good faith based on the information you give us and the manufacturer's data.

9.3 Fitting, wiring and calibration must be done by a competent installer and follow the manufacturer's instructions. We do not install or calibrate goods unless we have quoted for that service in writing.

10. Limitation of liability

10.1 We are not liable for any loss caused by goods being fitted, wired, connected or used contrary to the manufacturer's instructions, or by goods altered after they left our control (CPA s56(1)).

10.2 For business customers, our total liability arising from any order, whether in contract, delict or otherwise, is limited to the price paid for the goods concerned. We are not liable to business customers for indirect or consequential loss, including loss of profit, vehicle downtime, labour to remove or refit parts, towing, or penalties under your own contracts.

10.3 For consumers, we are liable as the CPA provides, including under CPA s61 for harm caused by unsafe or defective goods, subject to the defences in that section.

10.4 Nothing in these terms limits our liability for fraud, for wilful misconduct, or for loss caused by our gross negligence or that of anyone acting for us (CPA s51(1)(c)), or any liability that the law does not allow us to limit.

11. Indemnity

11.1 A business customer indemnifies Omnitronix against claims by third parties, including your own customers, that arise from your fitting, wiring, calibration, alteration, resale or use of the goods, except to the extent the claim is caused by a defect in the goods as supplied by us or by our own negligence. This clause does not apply to consumers.

12. Events beyond our control

12.1 We are not responsible for a delay or failure caused by events we cannot reasonably control, such as courier and port delays, customs holds, supplier shortages, strikes, unrest, floods, fire, power or network failure, or acts of government.

12.2 We tell you as soon as we know of the delay. If it lasts more than 30 days, either of us may cancel the affected order, and we refund anything you have paid for goods not yet delivered.

13. Accounts and late payment

13.1 Credit accounts are offered only to business customers that complete and sign the credit account application (OMN-LEG-008) and are approved in writing. We set and may change the credit limit.

13.2 Account invoices are payable within 30 days of the invoice date, unless your approval letter states otherwise.

13.3 If an account invoice is overdue, we may stop supplying on credit, ask for payment before dispatch, and charge interest on the overdue amount at the rate published under the Prescribed Rate of Interest Act 55 of 1975, from the due date until it is paid.

13.4 A business customer pays our reasonable costs of collecting an overdue amount, including legal costs on the scale agreed in OMN-LEG-008.

14. Privacy

14.1 We process your personal information as set out in our Privacy notice (OMN-LEG-005), under the Protection of Personal Information Act 4 of 2013 (POPIA).

15. Disputes, law and notices

15.1 South African law governs these terms.

15.2 If you have a complaint, contact us first at [email protected] or 011 568 9948. We acknowledge it within two business days and try to resolve it within ten business days.

15.3 A consumer may also refer a dispute to the Motor Industry Ombudsman of South Africa (MIOSA, where Omnitronix is participant K20039), the Consumer Goods and Services Ombud, a provincial consumer court, the National Consumer Commission or a court, as CPA s69 allows.

15.4 Business customers agree that the Magistrates' Court with jurisdiction may hear any claim by us, even if the amount exceeds its ordinary limit (Magistrates' Courts Act 32 of 1944 s45). We may instead use the High Court.

15.5 Notices to us are sent to [email protected], or delivered to 60 6th Street, Linden, Johannesburg, 2195, which is our address for legal process. Notices to you are sent to the email or address on your order or account.

16. General

16.1 Emails, website orders and electronic signatures are binding on both of us (ECTA s13). Information referred to in an email or on a website, such as these terms, forms part of the communication if the reference was clear and you could read, save and print it (ECTA s11).

16.2 We may update these terms by publishing a new revision at omnitronix.co.za/terms. A new revision applies only to quotes and orders made after it is published.

16.3 If a court finds any clause unenforceable, the rest of these terms stay in force.

16.4 If we do not enforce a right immediately, we have not given it up.

16.5 A business customer may not cede or transfer its rights under an order without our written consent.

17. Contact

Controlled copy of OMN-LEG-001 Rev B, held in the Omnitronix QMS. Revision date 12 Oct 2026.