Terms and Conditions - Mining World Investments

Mining World Investments

Engineering and Draughting Consultants

25+ years experience in providing CAD drafting services to hundreds of clients worldwide. A leading CAD outsourcing firm, we have the experience and expertise to service to the diverse needs of our customers, however complex, typical or process based it might be.

Our 10+ years of experience with outsourcing has enabled us to understand the requirements of our customers and constantly provide reliable CAD services for a wide spectrum of industries. We provide on-demand, high quality CAD esupport to architectural, engineering and construction firms, enabling them to keep up with the latest CAD technologies.

The team comprises of Architectural and Engineering consultants with experience ranging from 2 years to 20 years along with CAD drafters like Architectural Draftsman, Mechanical Draftsman, Electrical Draftsman, Civil Draftsman & BIM technicians. The office is fully equipped with up to date computer hardware and current versions of CAD & BIM software.

SADC Draughting Consultants is an experienced offshore CAD services provider for 2D & 3D CAD drafting in AutoCAD and REVIT, Conversion of paper drawings to CAD drawings as per SANS standards, Architectural drafting services, Permit Drawings, Construction Drawing development etc. We are in the forefront of technological progress and have streamlined the various work related processes and project reporting systems.

Access to the Website is subject to the following terms and conditions.

Upon accessing the Website or engaging with any aspect thereof and/or not necessarily registering thereon, you will be deemed to have accepted all of the terms and conditions that apply to its use, the information contained on the Website and to the facilities and services provided by it. Accordingly, please take the time to read through these terms and conditions before continuing to use the Website. If you do not agree to obey these terms and conditions you must stop using the Website immediately.

We reserve the right to alter these terms and conditions at any time and it is your obligation to check if changes have been made.

In these terms and conditions:

“we/us/our”means Mining World Investments, a private company incorporated in South Africa with limited liability, and where applicable our associated companies;

“Website” means this website including all aspects, facilities and services of any nature whatsoever related thereto;

“you”/”your” means the user of the Website including users who has registered with us and where applicable, advertisers.

Access to the Website

Access to the Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service provided on the Website without notice. From time to time, we may restrict access to some parts of the Website, or the entire Website, to you. We will not be liable if, for any reason, our site is unavailable at any time or for any period.

Content

You agree that you will only use, reproduce and print material comprising the results of searches conducted on the Website for personal and non-commercial purposes. In particular, you may not use the contact details provided by advertisers of vehicles to contact such advertisers other than in connection with a genuine enquiry relating to the purchase by you of the vehicle in question.

The Website content and information may contain technical inaccuracies and typographical errors. We exclude all liability for any illegality and/or any loss or damage incurred arising from such inaccuracies and typographical errors.

The content of and information appearing on the Website may be altered, amended or updated from time to time and may at times be out of date. We will not be held to any previously existing representations, terms, conditions or other information subsequently altered on the Website. We accept no responsibility for keeping the information and content on the Website up to date nor do we accept any liability for any failure to do so.

The information appearing on the Website is for information purposes only and does not constitute advice. You should not rely on any such information or content to make (or refrain from making) any decision or take (or refrain from taking) any action.

Through the Website, we present advertorial content and information submitted and created by private and trade dealers and other third parties. We exclude all liability for any illegality arising from or error, omission or inaccuracy in such content and/or information.

We give no warranties, conditions, guarantees or representations, expressed or implied, as to:

  • The completeness or accuracy of information or any advice that may contained on the Website or any website to which it is linked;
  • The content of the advertisements for vehicles appearing on the Website, including but not limited to, the ownership, quality, authenticity of any photographs, compliance with description or fitness for purpose of any such vehicles;
  • The completeness of the results of any search conducted on the Website or that the vehicles revealed by such search are the only vehicles on our database which might meet the requirements of your search.

Contractual Issue

We will not be bound to any allegations from you that a contract or legally binding arrangement has been entered into between you and us arising from communications addressed to us on the Website. We reserve the right to insist upon written contracts as and when we deem appropriate within our discretion. As such, any information contained on the website cannot be regarded by you as an offer capable of acceptance resulting in a legally binding contract.

Introduction

Mining World Investments Preferred Supplier

The terms and conditions of purchase and sale set out herein (“Terms and Conditions”) shall

apply to all contracts for the procurement and supply of goods (“the Goods”) and services

(“the Services”) by the Preferred Supplier of Mining World Investments (PTY) LTD, its subsidiaries and any company in the Mining World Investments (PTY) LTD (“the Company”), where the contract has arisen from a purchase order (“Purchase Order”) issued by the Company and accepted by the Supplier, including any such Purchase Order issued by the Company in response to a quotation from the Supplier.

This Agreement shall apply between the Supplier and the Mining World Investments (PTY) LTD subsidiary issuing the Purchase Order.

The Company and the Supplier shall collectively be referred to as “the Parties” and “Party” shall refer to any one of them.

The Clients Preferred Supplier

The terms and conditions of purchase and sale set out herein (“Terms and Conditions”) shall

apply to all contracts for the procurement and supply of goods (“the Goods”) and services

(“the Services”) by the Clients Preferred Supplier, its subsidiaries and any company in the Clients Preferred Supplier chain (“Clients Preferred Supplier “), where the contract has arisen from a purchase order (“Purchase Order”) issued by the Company and accepted by the Clients Preferred Supplier, including any such Purchase Order issued by the Company in response to a quotation from the Clients Preferred Supplier.

This Agreement shall apply between the Client and the Clients Preferred Supplier.

Mining World Investments (PTY) LTD will issuing the Purchase Order on behalf of the Client to the Clients Preferred Supplier and manage the process on behalf of both parties behalf for a fee.

The Client/ Clients Preferred Supplier shall collectively be referred to as “the Parties” and “Party” shall refer to any one of them.

General

This Agreement shall be governed by the laws of the Republic of South Africa.

No failure or neglect by a Party to exercise any rights hereunder or to insist upon strict compliance with or performance of another Party’s obligations under the Agreement, shall constitute a waiver of the provisions of the Agreement and a Party may at any time require strict compliance with the provisions of the Agreement.

No indulgences or extensions of time or latitude which one of the Parties may allow to the other Party shall constitute a waiver by that Party of any of its rights, and it shall not thereby be prevented from exercising any of its rights which may have arisen in the past or may arise in the future.

Each of the provisions of the Agreement shall be considered as separate terms and conditions.

In the event that the Agreement is affected by any legislation or any amendment thereto, or if

the provisions herein contained are by virtue of such legislation or otherwise held to be illegal, invalid or unenforceable, then any such provisions shall be ineffective only to the extent of the illegality, invalidity or unenforceability and each of the remaining provisions hereof shall remain in full force and effect as if such illegal, invalid or unenforceable provision was not a part hereof.

Indemnity

Mining World Investments Preferred Supplier

The Supplier indemnifies and absolves the Company from any claims, damages, losses and any other liability (whether jointly or individually) arising from any cause whatsoever or based on any ground of liability (including liability without fault) to the extent that such liability is attributable, whether wholly or in part, to any defect or deficiency in any of the Goods/Services supplied by the Supplier or is due to the Supplier’s failure to comply strictly with the provisions of this Agreement and/or applicable laws. This indemnity shall specifically apply in respect of any claims arising from unsafe, defective, contaminated, hazardous, deficient or Counterfeit Goods/Services brought against the Company in terms of the Consumer Protection Act 68 of 2008. The Supplier will be liable for costs and future earnings.

The Company shall be entitled without further notice to cancel the Agreement and/or cancel the Purchase Order and claim specific performance, in either event without prejudice to the Company’s rights to claim damages or to enforce any other remedy to which it may be entitled whether in terms of the Agreement or in law.

The Clients Preferred Supplier

The Client/Client Preferred Supplier indemnifies and absolves the Company from any claims, damages, losses and any other liability (whether jointly or individually) arising from any cause whatsoever or based on any ground of liability (including liability without fault) to the extent that such liability is attributable, whether wholly or in part, to any defect or deficiency in any of the Goods/Services supplied by the Clients/Clients Preferred Supplier or is due to the Clients/Clients Preferred Supplier’s failure to comply strictly with the provisions of this Agreement and/or applicable laws. This indemnity shall specifically apply in respect of any claims arising from unsafe, defective, contaminated, hazardous, deficient or Counterfeit Goods/Services brought against the Company in terms of the Consumer Protection Act 68 of 2008. The Client will be liable for costs and future earnings.

The Company shall be entitled without further notice to cancel the Agreement and/or cancel the Purchase Order and claim specific performance, in either event without prejudice to the Company’s rights to claim damages or to enforce any other remedy to which it may be entitled whether in terms of the Agreement or in law.

Breach

Mining World Investments Preferred Supplier

In the event of either Party breaching any of its obligations under the Agreement, and such Party failing to remedy such breach within a period of fourteen (14) days of receipt of written notice from the aggrieved Party calling upon it to do so, the aggrieved Party shall be entitled without further notice to (a) cancel the Agreement and/or cancel the Purchase Order and (b)claim specific performance, in either event without prejudice to the aggrieved Party’s rights to claim damages or to enforce any other remedy to which it may be entitled whether in terms of the Agreement or in law.

In addition the Company shall be entitled to cancel the Agreement and/ or any Purchase Order forthwith if:

(a) the Supplier is either provisionally or finally wound-up/sequestrated or seeks to make a compromise with its creditors; or

(b) the Supplier applies for deregistration or is deregistered in terms of sections 81 to 83 of the Companies Act, No. 71 of 2008 or section 26 of the Close Corporations Act 69 of 1984; or

(c) any business rescue proceedings are commenced in respect of the Supplier in terms of Chapter 6 of the Companies Act No. 71 of 2008; or

(d) the Supplier is provisionally or finally liquidated, is placed under judicial management or becomes financially distressed; or

(e) the Supplier commits a breach of the Agreement which cannot be rectified; or

(f) the Supplier is guilty of any act of fraud, bribery, corruption, intentional misrepresentation

or

(g) during the course of supplying the Goods and/or the Services, the Supplier contravenes the provisions of any applicable law.

(h) In the event of any legal proceedings against the Supplier, the Company shall be entitled to recover its legal costs on an attorney-and-client scale.

(i)The Supplier will be liable for costs and future earnings to the Company.

The Company shall be entitled without further notice to cancel the Agreement and/or cancel the Purchase Order and claim specific performance, in either event without prejudice to the Company’s rights to claim damages or to enforce any other remedy to which it may be entitled whether in terms of the Agreement or in law.

The Clients Preferred Supplier

In the event of either Client/Clients Preferred Supplier breaching any of its obligations under the Agreement, and such Party failing to remedy such breach within a period of fourteen (14) days of receipt of written notice from the aggrieved Party calling upon it to do so, the aggrieved Party shall be entitled without further notice to

(a) cancel the Agreement and/or cancel the Purchase Order and

(b)claim specific performance, in either event without prejudice to the aggrieved Party’s rights to claim damages or to enforce any other remedy to which it may be entitled whether in terms of the Agreement or in law.

In addition the Company shall be entitled to cancel the Agreement and/ or any Purchase Order

forthwith if:

(a) the Client/Clients Preferred Supplier is either provisionally or finally wound-up/sequestrated or seeks to make a compromise with its creditors; or

(b) the Client/Clients Preferred Supplier applies for deregistration or is deregistered in terms of sections 81 to 83 of the Companies Act, No. 71 of 2008 or section 26 of the Close Corporations Act 69 of 1984; or

(c) any business rescue proceedings are commenced in respect of the Client/Clients Preferred Supplier in terms of Chapter 6 of the Companies Act No. 71 of 2008; or

(d) the Client/Clients Preferred Supplier is provisionally or finally liquidated, is placed under judicial management or becomes financially distressed; or

(e) the Client/Clients Preferred Supplier commits a breach of the Agreement which cannot be rectified; or

(f) the Client/Clients Preferred Supplier is guilty of any act of fraud, bribery, corruption, intentional misrepresentation; or

(g) during the course of supplying the Goods and/or the Services, the Client/Clients Preferred Supplier contravenes the provisions of any applicable law.

(h) In the event of any legal proceedings against the Client/Clients Preferred Supplier, the Company shall be entitled to recover its legal costs on an attorney-and-client scale.

(i) The Client/Clients Preferred Supplier will be liable for costs and future earnings to the Company.

The Company shall be entitled without further notice to cancel the Agreement and/or cancel the Purchase Order and claim specific performance, in either event without prejudice to the Company’s rights to claim damages or to enforce any other remedy to which it may be entitled whether in terms of the Agreement or in law.

Ethical Business Practices

The Company is committed to conducting its business ethically and to achieving and maintaining the highest standards of corporate governance. The Company requires all of its Clients, Clients Preferred Vendors, Business partners, Suppliers, Vendors, Contractors and Service providers, who play an important and valued role in its continuing business success, to behave ethically and to avoid engaging in corrupt and unlawful business activities.

If Clients, Clients Preferred Vendors, Business partners, Suppliers, Vendors, Contractors and Service providers are involve in corrupt and unlawful business activities.

The Company will consider this as a “Breach of Contract” and Clients, Clients Preferred Vendors, Business partners, Suppliers, Vendors, Contractors and Service providers will liable for costs and future earnings.

The Company shall be entitled without further notice to cancel the Agreement and/or cancel the Purchase Order and claim specific performance, in either event without prejudice to the Company’s rights to claim damages or to enforce any other remedy to which it may be entitled whether in terms of the Agreement or in law.

Force Majeure

“Force Majeure Event” means an event that prevents or delays a Party from being able to perform an obligation other than the payment of money under this Agreement, where such event would constitute force majeure, such as wars, insurrections, strikes, acts of God, governmental actions or controls, water restrictions or other causes beyond the control of a Party;

Should any Party be prevented by reason of Force Majeure from performing its obligations in terms hereof, then such failure shall not be regarded as a breach of its obligations in terms hereof provided that:

(a) the Party hereto subject to Force Majeure shall give prompt notice to the other Party hereto of the nature and estimated duration of the Force Majeure concerned;

(b) the Parties hereto shall co-operate and collaborate together and use all reasonable efforts to overcome the Force Majeure concerned and/or nullify its effect; and

(c) any suspension of performance within the provisions of the above shall be limited to the period during which such inability shall exist and the period of this Agreement shall be interrupted by the period of such suspension.

If the aforementioned inability substantially or permanently prevents the continued

performance by either Party of its obligations in terms of this Agreement for a period exceeding fourteen (14) consecutive days, then either Party shall be entitled, by giving notice in writing, to terminate this Agreement in respect of any of its obligations still to be performed hereunder.

If the Parties hereto does not terminate by day fifteen (15) consecutive days, will not be entitled to cancel the agreement and if so choose to cancel after the fifteen (15) consecutive days, will be liable for “Breach of Contract” and liable for costs and future earnings.

The Company shall be entitled without further notice to cancel the Agreement and/or cancel the Purchase Order and claim specific performance, in either event without prejudice to the Company’s rights to claim damages or to enforce any other remedy to which it may be entitled whether in terms of the Agreement or in law.

Intellectual Property Rights

The Supplier warrants that it’s supply of Goods and/or Services to the Company does not infringe any intellectual property rights and hereby indemnifies and holds harmless the Company against any loss, damages or expense sustained by the Company as a consequence of any breach of this warranty.

Any and all intellectual property owned, developed or acquired by a Party prior to this

Agreement coming into effect shall remain the sole and exclusive property of the Party who is the lawful proprietor thereof and any and all rights of the Parties in terms of this Agreement shall be subject to the other Party’s intellectual property rights.

Any intellectual property made, created or discovered by the Supplier in the course and scope of this Agreement in connection with or relating to the business of the Company, shall be disclosed to the Company and shall belong to and be the absolute property of the Company.

Domicilium Citandi et Executandi

The Company nominates as its domicilium citandi et executandi its registered address for service upon it of all processes in connection with any claim arising from the Agreement. The Customer nominates as its domicilium citandi et executandi its address as stipulated in the Vendor Application Form for service upon it of all processes in connection with any claim arising out of the Agreement.

All notices and communications under the Agreement shall be given in English and in writing.For the purposes of the Agreement, “writing” means e-mails that have been acknowledged by the recipient or facsimiles with proof of transmission or letters sent by registered post with proof of delivery. Oral agreements, notices or instructions are not binding on either Party.

Disclaimer

Mining World Investments (PTY) LTD, its agents or employees, shall have no liability whatsoever for any loss of, or damage to, any property of any person, nor for any personal injury or death of any person whatsoever, howsoever any loss, damage or injury or death shall arise, including that arising from any negligence, gross negligence, act or omission of Mining World Investments (PTY) LTD, or its agents, employees or any other person duly authorised to act for and on behalf of Mining World Investments (PTY) LTD.

Links to the Website

You may establish a hypertext link to the home page of the Website, but not otherwise without our written consent, provided no implied endorsement or sponsorship of you is created thereby.

Registration details

To gain access to certain services on the Website you will need to register (free of charge). As part of the registration process, you will be given a username and password. You agree that the information supplied with your registration will be truthful, accurate and complete.

You furthermore agree that you will not attempt to register in the name of any other individual, company or organisation nor will you adopt any username which we deem to be offensive. All information supplied by you as part of the registration process will be protected and used in accordance with the terms of our Privacy Policy.

Security

We reserve the right to institute criminal proceedings against you should you attempt to maliciously utilise the Website by gaining unauthorised access to any page on the Website or by delivering or attempting to deliver any unauthorised or harmful code to the Website.

General

We reserve the right to assign or subcontract any or all of our rights and obligations under these terms and conditions to a third party.

You may not without our prior written consent, assign or dispose of any rights or obligations arising under these terms and conditions. We may revise these terms and conditions at any time by amending this page. You are expected to check this page from time to time and take notice of any changes we make, as they are binding on you. Some provisions contained in these terms and conditions may also be superseded by provisions or notices published elsewhere on the Website.?If any of the provisions of the terms and conditions shall be held to be invalid or unenforceable, it shall not affect the enforceability of any of the remaining provisions.

These terms and conditions together with our privacy policy contain the entire agreement and understanding between you and us relating to the Website, its content and use and supersede any and all prior agreements, arrangements, statements and understandings, except for any fraud or fraudulent representation by either your or us.

The laws of the Republic of South Africa will apply in respect of any legal issue or litigation arising directly or indirectly from the terms and conditions; the use or inability to use the Website and or information contained on the Website.

Communication / Data

By accessing the website (either directly or indirectly and without necessarily registering thereon as provided for in paragraph 8 above) and providing us with your details you agree to ourselves and/or our duly authorized agents:

  • Utilising your information to communicate further with you in future regarding matters which we believe might be of interest or relevant to you;
  • Storing your information in our database for future reference and for purposes of the above; and
  • Utilising your information for statistical purposes.

EC Act Disclosure

Access to the website is classified as a form of “electronic transaction” in terms of the Electronic Communications and Transactions Act 25 of 2002 (ECT Act) and as such you are entitled to the below mentioned disclosures in terms of Chapter 7 of the ECT Act:

  1. Our full name and legal status: Mining World Investments
    2. Street address: 40 Rae Frankel St, Brackenhurst, Alberton, 1448.
    3. Physical address for receipt of legal service: 40 Rae Frankel St, Brackenhurst, Alberton, 1448.
    4. Main Business: Advertising / Marketing of Mining Equipment
    5. Website address: https://www.miningworldinvestments.com
    6. Official email address: sales@miningworldinvestments.com
    7.Dispute resolution: No specific dispute resolution process
    8.Complaints process: If you have any complaints or would like more information please e-mail sales@miningworldinvestments.com