TERMS AND CONDITIONS
In this agreement:
- clause headings are for convenience and shall not be used in its interpretation; unless the context clearly indicates a contrary intention:
- an expression which denotes:
- any gender includes the other genders;
- a natural person includes an artificial person and vice versa;
- the singular includes the plural and vice versa.
- the following expressions shall bear the meanings assigned to them below and cognate expressions bear corresponding meanings:
- “addendum” – means the procedures that techniworld requires The Customer to follow and the standard terms and conditions of techniworld, for including but not limited to: warranty policy, service procedures, repair and replacement policy and packaging;
- “agreement” – means The Customer application to which these standard terms and conditions of sale are attached, these standard terms and conditions of sale and the addendum referred to in clause 188.8.131.52 as well as any other addenda, schedules, reports, as the case may be;
- “CPA” –means the Consumer Protection Act 68 of 2008 as amended;
- “customer” – means any person who has entered into a transaction with The Customer in the ordinary course of business;
- “dealer” –means the person whose name appears on The Customer application to which these terms and conditions of sale are annexed next to the caption “Registered / Trading name of business”, or if these terms and conditions of sale are not annexed to The Customer application, or no name appears thereon, or in any other circumstances, any person or persons at whose request or on whose behalf techniworld undertakes to supply any goods, do any business, or provide any advice or service;
- “goods” – means any items, products or services of whatsoever nature that are supplied to The Customer in terms of this agreement;
- “signatory” –means the individual who signs this agreement and The Customer application on behalf of The Customer as well as any other agreement between techniworld and The Customer;
- “techniworld” – means Techniworld CC.
- It is recorded that the only basis upon which techniworld is prepared to do business with The Customer is that, notwithstanding anything in The Customer’s enquiry, specification, acceptance, order or other documentation or any other documentation or discussion/s to the contrary, the terms and conditions contained in the agreement shall operate in respect of any and all business between The Customer and techniworld.
- All and any business undertaken, including any advice, information or service provided whether gratuitously or not by techniworld is and shall be subject to the terms and conditions contained in the agreement and each term and condition shall be deemed to be incorporated in and to be a term and condition of any other agreement between techniworld and The Customer.
- To the extent that this agreement appears on the reverse of an invoice or any other documentation of techniworld and there is no relevant dealer application, The Customer shall be deemed to be the person to whom the invoice or other document is addressed, and the signatory shall be deemed to be the person signing the invoice or other documentation. The terms and conditions of this agreement shall apply mutatis mutandis to such person and signatory.
- This agreement constitutes the whole agreement between The Customer and techniworld relating to the subject matter hereof. Unless the context indicates otherwise this agreement incorporates, mutatis mutandis, all and any customership agreements between the parties extant immediately prior to the date of last signature.
- No amendment or consensual cancellation of this agreement or any provision or term thereof or of any agreement, bill or exchange or other document issued or executed pursuant to or in terms of this agreement and no settlement of any disputes arising under this agreement and no extension of time, waiver or relaxation or suspension of any of the provisions or terms of this agreement or of any agreement, bill of exchange or other document issued pursuant to or in terms of this agreement shall be binding unless recorded in a written document signed by an authorized representative of techniworld. Any such extension, waiver or relaxation or suspension which is so given or made shall be strictly construed as relating strictly to the matter in respect whereof it was made or given.
- No extension of time or waiver or relaxation of any of the provisions or terms of this agreement or any agreement, bill or exchange or any agreement, bill or exchange or any other document issued or executed pursuant to or in terms of this agreement, shall operate as a waiver of techniworld and/or dealer’s rights as entrenched in the CPA with regard to enforcement of this agreement.
- techniworld shall not be bound by any express or implied term, representation, warranty (with the exception of the warranties as provided for in the CPA), promise or the like not recorded herein, whether it induced the contract between techniworld and The Customer or not.
- No person other than a duly authorized representative of techniworld has any authority to delete, amend or in any respect vary any of these conditions or accept any other conditions or agree to a consensual cancellation hereof.
- Any quotation given is not an offer by techniworld to sell or repair or service the goods but constitutes an invitation by techniworld to The Customer to do business with techniworld.
- A quotation may be revoked at any time by techniworld.
- techniworld may accept or reject in whole or in part any order placed upon it by The Customer pursuant to the quotation. Accordingly, a contract shall only come into force between techniworld and The Customer if after receipt by techniworld of The Customer’s order or acceptance of the quotation, techniworld confirms to The Customer that such a contract has been concluded or if techniworld supplies, or tenders to supply, the goods in question to The Customer.
- The quotation is based on rates of exchange, freight charges, insurance, railage, costs of labour and materials and other charges ruling at the date of the quotation. In the event of any variation occurring subsequent to the date of the quotation in any of the aforesaid rates and/or charges, as the case may be, techniworld shall prior to delivery furnish The Customer with an amended quotation which quotation is to be accepted or rejected, either verbally or in writing by and on behalf of The Customer.
- If telephone orders are placed by The Customer, techniworld may require such orders to be confirmed in writing by The Customer, prior to acceptance by techniworld. techniworld will not be responsible for any errors or misunderstandings occasioned by The Customer’s failure to record not only the details of the order correctly, but also The Customer’s failure to clearly advise techniworld at the time of placing the order of its specific requirements regarding each and every item included in the order.
- In the event of the agreement being subject to the provisions of the CPA, The Customer can cancel or withdraw an order but in such event techniworld will be entitled to charge a reasonable cancellation fee unless the order placed cannot be honoured because of the death or hospitalisation of the person for whose benefit the order was made.
- The Customer shall provide techniworld with an order number / reference number / other important details when placing an order and The Customer shall at all times place the order on an official letterhead of The Customer.
- The Customer undertakes to only allow duly authorised representatives of The Customer to collect goods that have been ordered as contemplated in clause 5.3 from techniworld. techniworld does not accept any responsibility and shall not be liable in any manner whatsoever if an unauthorised representative of The Customer collects goods from techniworld.
- All goods not collected within 4 (four) days of placing the order will automatically be credited from The Customers account back into techniworld’s goods system.
- Payment is due in accordance with the terms as set out in this agreement, as amended from time to time, in techniworld’s sole discretion.
- Orders are accepted by techniworld only on the basis that the prices charged will be those ruling at the date of dispatch of the goods, unless otherwise expressly stated. A copy of techniworld’s ruling prices from time to time may be obtained from techniworld by The Customer on request.
- Unless otherwise expressly stated, prices are exclusive of value added tax which shall be for the account of The Customer. The Customer shall pay or reimburse to techniworld the amount of any value added tax simultaneously with the purchase price.
- The Customer shall be obliged to pay to techniworld in addition to the contract price herein:
6.4.1. the amount of any tax, duty or other charge of any nature whatsoever imposed by any law, regulation or enactment of whatsoever nature which comes into force on the date after the date on which any price charged is determined;
6.4.2. any additional costs of any nature whatsoever arising due to factors beyond the control of techniworld as included in an amended quotation issued by techniworld and accepted by The Customer.
- Any expense incurred by techniworld at the instance of The Customer in modifying or otherwise altering or making additions to the design, quantities or specifications for standard goods, and any expenses arising as a result of suspension of work by techniworld due to instructions given, or a failure to give instructions by The Customer, shall be added to the purchase price in respect of the relevant goods.
- The purchase price in respect of any goods sold by techniworld to The Customer in terms of this agreement shall be payable:
- by The Customer to techniworld, at techniworld’s head office or at such other place as techniworld may direct from time to time;
- in cash;
- immediately on due date;
- in South African currency without deduction or set-off and free of any exchange; and
- during or before the expiry of the credit period recorded on The Customer application, which period shall commence upon the issuing of an invoice by techniworld, or as directed by techniworld on its statement / tax invoice, or if there is no credit period indicated, or no credit period has been approved or no dealer application is annexed, cash on order.
- The Customer warrants that no cheques will be issued unless there are sufficient funds in The Customer’s bank account and that such funds will remain available in order for all cheque payments to be forwarded and under no warranty will any cheque be “stopped” or be endorsed with “insufficient funds refer to drawer”.
- The purchase price does not include charges for off-loading of the goods at The Customer’s premises. The Customer shall provide at its cost the necessary labour, equipment or facilities required for all loading of the goods.
- The Customer has no right to withhold payment for any reason whatsoever. The Customer is not entitled to set off or deduct any amount due to The Customer by techniworld against any debt owed by The Customer to techniworld, nor shall any payment be withheld by virtue of any alleged counterclaim against techniworld by The Customer.
- techniworld shall at its sole discretion decide to grant to The Customer credit facilities. Should techniworld grant The Customer credit facilities, the nature and extent of such credit facilities shall also be at the sole discretion of techniworld.
- The Customer authorizes and consents to techniworld making enquiries of whatsoever nature to reach a decision on whether or not to grant The Customer credit facilities and the nature of such credit facilities.
- techniworld reserves its rights to increase, decrease, suspend or withdraw any credit facility granted to The Customer at any time at the sole discretion of techniworld.
- Until a determination is made by techniworld as contemplated in 7.1 above, any goods supplied by techniworld to The Customer shall be supplied on a cash on order basis only.
- techniworld may within its sole and absolute discretion withdraw the credit facility afforded to The Customer (if any) and close the account of The Customer if The Customer is not reselling or resupplying the goods purchased from techniworld to the customer but rather using the goods for its own use.
- The risk of damage to or destruction of any relevant goods passes to The Customer on delivery thereof by techniworld to The Customer or on collection thereof by The Customer from techniworld.
- techniworld will prepare and issue a quotation for the repair of goods, which quotation will be furnished to The Customer and on acceptance of the quotation by The Customer, techniworld will undertake the repairs in accordance with the quotation.
- The Customer is entitled to waive the necessity of a quotation for the repairs, alternatively is able to furnish techniworld with a pre-authorisation for the repairs up to a specific maximum amount.
- In the event that a quotation is requested by The Customer, The Customer agrees to pay a diagnostic fee of R160.00 for preparing the estimate which includes labour in performing any diagnostic work, disassembly or reassembly required to prepare the quotation including any damage or loss of material or parts in the course of preparing the estimate. This charge will have to be paid by The Customer, whether the quotation is accepted or not. This charge may change from time to time as techniworld sees fit.
- techniworld shall have the right of retention and lawful lien over the goods submitted for repairs until such time as The Customer effects payment for the repairs and/or quotation fee in full.
Where the goods or any part thereof are to be imported, this agreement is subject to the condition that techniworld’s order is accepted and confirmed by techniworld’s own suppliers and that delivery is made thereunder in due course.
- The Customer undertakes to strictly comply with and adhere to in full, the terms and conditions of the addendum.
- 11.2. Any form of non-compliance or partial compliance with the addendum will be a material breach of this agreement.
- Partial delivery shall not affect the payment period where a credit period has been approved and where no credit period has been approved The Customer shall pay the full purchase price, notwithstanding partial delivery.
- Any delivery date indicated by techniworld shall merely be regarded as the estimated date of delivery and shall not bind techniworld to effect delivery on or near such date. Any failure for whatsoever reason on the part of techniworld to deliver the goods in accordance with the dates requested by The Customer, shall not constitute a reason to withhold, defer or set off, either in whole or in part the purchase price or give rise to a claim for damages unless caused by gross negligence of techniworld and/or its agent.
- The Customer shall accept delivery whenever it is tendered and shall not be entitled to withhold or defer any payment, nor be entitled to a reduction in price, nor to any other right or remedy against techniworld, its servants, agents or any other persons for whom it is liable in law (the agreement between techniworld and The Customer as contemplated in this clause is for the benefit of techniworld’s servants, agents or any other persons for whom techniworld is liable for in law) whether for losses, costs, damages, expenses, interest or otherwise on account of delays in effecting delivery, partial delivery or non-delivery, occasioned by the gross negligence on the part of techniworld, its servants, agents or any other persons for whom it is liable in law, or not.
- If delivery of any particular order is to be effected in consignments, techniworld shall not be obliged to deliver any part of the order until the purchase price which is due in respect of the part of the order which has already been delivered has been paid.
- If the goods are to be delivered by road, The Customer shall be obliged to procure that the delivery destination shall be easily accessible to road transport vehicles. The Customer shall be responsible for off-loading the goods at the delivery destination. If the goods are to be delivered by rail, The Customer shall be responsible for collection of the goods at the railhead.
- The Customer shall be obliged to inspect all goods upon delivery and shall endorse the delivery note as to any missing or damaged goods. No claims for missing or damaged goods shall be valid unless the delivery note has been endorsed as aforesaid and unless, in addition, The Customer notifies techniworld in writing within 3 business days of the delivery of the goods of the claim question and the goods relating to such claim, furnishing full details in regard thereto. The Customer shall bear the onus of proving that upon delivery any goods are missing or damaged or that The Customer’s order was in any way not complied with.
- If techniworld is unable to deliver the goods to The Customer due to any act or omission on the part of The Customer, it shall be entitled to charge The Customer for the storage of the goods.
- The Customer shall be obliged to furnish information necessary to enable delivery of the relevant goods to be effected and if The Customer fails or refuses to do so, or if it fails or refuses to take delivery, the goods shall be deemed to have been delivered to The Customer upon notification.
- If techniworld agrees to engage a third party to transport the goods, techniworld is hereby authorised to engage a third party on The Customer’s behalf and on the terms deemed fit by techniworld. The Customer hereby indemnifies techniworld against any claims that may arise from such agreement against techniworld. The Customer shall reimburse techniworld for any costs incurred in arranging special delivery, including but not restricted to, the costs of necessary disbursements and insurance. Any documentation purporting to evidence the said extra costs will be deemed to be prima facie proof thereof.
- The Customer warrants that any signatory to any tax invoice, delivery note or other documentation of techniworld made out in the name of, or to The Customer, is duly authorised to bind The Customer in respect of the relevant transaction.
1. PROVISIONS APPLICABLE TO CUSTOMERS WHO DO NOT FALL WITHIN CPA
- No warranties, guarantees or representations, express or implied or tacit whether by law, contract or otherwise and whether they induced the contract or not, which are not set forth in this agreement shall be binding on techniworld, The Customer irrevocably waiving any right (common law or otherwise) it may have to rely thereon, and the goods are purchased on the basis that they are taken voetstoots and with the exclusion of all common law and other remedies including aedilitian remedies, whether as to the suitability of the goods sold for any specific purposes or (without limiting the generality of the aforegoing) otherwise;
- To the extent that goods supplied by techniworld are in any way defective, The Customer shall be entitled, within 1 year of the delivery of the relevant goods, to claim the replacement or repair of the goods to eliminate any defect in workmanship or materials found to be due exclusively to any acts or omissions on the part of techniworld. The Customer shall within 10 days after the defect arises, notify techniworld of the alleged defect, provided that techniworld shall have been given a reasonable opportunity of inspecting any alleged defect. techniworld shall notify The Customer of the decision of techniworld regarding the alleged defect, which decision shall be binding on The Customer. techniworld’s liability shall be limited on return to the purchase price of the goods;
- In order to be valid, a claim in terms of the guarantee as set out in clause 13.1.2 must be in writing, specifying the alleged defect, and supported by the original tax invoice. In addition the goods must be returned by The Customer to techniworld at The Customer’s expense, packaged in their original undamaged packaging material;
- The parties agree that techniworld shall have no liability in respect of any injury, loss or damage (direct, indirect or consequential) arising out of the use of, or inability to use, the goods and whether or not occasioned by techniworld’s negligence (gross or otherwise) or any act or omission on its part. Without limiting the aforegoing techniworld does not warrant that the goods will be fit for the purposes for which they are to be used by The Customer (notwithstanding that the use to which The Customer intends to put the goods is known to techniworld). For the purposes hereof, any reference to techniworld shall include its servants, agents, contractors or any other person for whose acts or omissions techniworld may be liable in law (the agreement between techniworld and The Customer as contemplated in this clause is for the benefit of techniworld’s servants, agents or any other persons for whom techniworld is liable for in law);
- techniworld shall be relieved of all obligations in terms of this clause 13, if:
- repairs or modifications have been made by persons other than techniworld, unless such repairs or modifications are made with the prior written consent of techniworld;
- any goods are operated with any accessory, equipment or part not specifically supplied or approved in writing by techniworld;
- the goods shall not have been operated or maintained in accordance with techniworld’s instruction, or under normal use, or the goods shall not have been properly installed.
- If repairs or replacements are effected by techniworld, only the parts actually worked on and not the complete goods shall be subject to a new guarantee, if any, hereunder;
- The Customer who acquires goods for the purpose of on-selling those goods, whether that dealer is permitted to do so or not (and nothing herein contained shall be deemed to allow The Customer to on-sell goods acquired from techniworld whilst ownership vests in techniworld), shall not advertise or issue or in any other way give or make any warranties, guarantees or representations as to the goods in any form whatsoever or offer to do so, which could result in liability being imposed upon techniworld;
- The above warranties are subject to the following conditions:
- techniworld shall be under no liability to The Customer until The Customer has paid the full amount due to techniworld in respect of the goods concerned;
- techniworld shall be under no liability in respect of any defect arising from fair wear and tear, willful damage, negligence, abnormal working conditions, failure to follow techniworld instructions (whether oral or in writing), improper use outside techniworld’s specifications, damage to the goods caused by improper maintenance, service or repair by untrained personnel or technicians, and unauthorized alterations or modifications of the goods;
- techniworld shall be under no liability in respect of parts, materials or equipment which are accepted in the industry to have a limited life expectancy or parts, materials or equipment, which need to be replaced at specified and published service intervals (“consumable parts”);
- techniworld shall be under no liability in the event that spare parts and consumable parts other than those recommended for use by techniworld are fitted, attached or used on the goods.
- Notwithstanding anything to the contrary in this agreement, techniworld shall not be liable to The Customer by reason of any representation or implied warranty, condition or other term or any duty at common law, or under the express terms of this agreement, for any consequential loss or damage (whether for loss or profit or otherwise and whether occasioned by the negligence of techniworld or its employees or agents or otherwise) arising out of or in connection with any act or omission of techniworld relating to the supply of the goods, their resale by The Customer or use by any third party.
2. AGREEMENTS SUBJECT TO CPA
- Within 6 months after delivery of the goods to The Customer, The Customer may return the goods to techniworld, without penalty, if the goods do not satisfy the requirements and standards contemplated in Section 55 of the CPA in which event techniworld may either:
(a) repair or replace the failed, unsafe or defective goods; or
(b) refund The Customer for the price paid by The Customer for the goods.
- In the event of techniworld repairing any particular goods or component of such goods and within 3 months of that repair, the failure or defect or unsafe features not being remedied or a further failure, defect or unsafe feature is discovered, techniworld shall:
(a) replace the goods; or
(b) refund The Customer the price paid by The Customer for the goods.
- The aforesaid warranty exists in addition to an express warranty or condition stipulated by the producer or importer as the case may be;
- In the event of techniworld providing any new or reconditioned parts installed during any repair or maintenance work and the labour required to install it, such work and parts will be warranted for a period of 3 months after date of installation or such longer period as techniworld may specify in writing;
- This warranty is subject to the parts, goods and/or property not being misused or abused and does not apply to any ordinary wear and tear having regard to the circumstances in which it was intended to be ordinarily used.
- techniworld reserves the right to levy a reasonable handling charge on goods that are or have been returned for credit to and accepted by techniworld.
- techniworld reserves the right to charge a reasonable fee for the costs or any losses occasioned by the return of any software to techniworld in whatever form. This excludes software that is sold as part of a bundle with other goods.
- Software that has been opened/used/activated will not be accepted for credit by techniworld.
techniworld’s obligations hereunder shall be subject, in those cases where the goods or part thereof are to be imported, to the availability of an import permit to techniworld.
- Ownership of the goods shall not pass to The Customer until the contract price (including interest if any) in respect of the goods in question has been paid. The provisions hereof shall apply notwithstanding the installation of such goods in The Customer’s premises or the accession thereof to any of The Customer’s goods or that the goods may be incorporated into or form part of other goods or change their essential character. All goods, whether fixed to immovable property or not, shall be deemed to remain movable property and be deemed to be severable without injury to either movable or immovable property.
- techniworld reserves the right to inform the owner/landlord of the premises in which the goods are or at any time may be, of the provisions of this clause 16. The Customer shall be obliged to advise techniworld of the name and address of the landlord of any such premises and shall promptly advise techniworld of any change in the name and/or the address of any landlord or of any new landlord.
- The Customer shall take all such steps as may be necessary to notify interested third parties that ownership of the relevant goods has not passed from techniworld to The Customer. In particular The Customer shall inform the owner/landlord of the premises in which the goods are or at any time may be, of the provisions of this clause. The Customer shall produce written proof of such notices to techniworld on demand.
- techniworld shall be entitled to substitute any goods specified in this agreement for such other goods which techniworld in its sole discretion may regard as suitable substitutes therefore on reaching an agreement with The Customer.
- techniworld reserves the right to alter specifications as conditions warrant without notice. Should conditions render unavailable any materials or goods specified herein or otherwise required in order to fulfill this agreement, a substitution deemed by techniworld to be suitable for the performance of its obligations will be supplied.
All specifications, descriptive matter, drawings and other documents furnished by techniworld do form part of the agreement and may be relied upon, unless they are agreed in writing by techniworld to not form part of this agreement. All descriptive matter, specifications, drawings and particulars given by techniworld which form part of the agreement are approximate only and techniworld cannot be held responsible for loss including consequential loss due to discrepancies therein.
techniworld shall have the option to require The Customer, at its own expense, and prior to taking delivery of the goods, to insure the goods and thereafter keep the goods insured until such time as the goods have been paid for in full. Such insurance shall be taken with such insurers as may be approved by techniworld in writing, for such amount and on such terms as may be approved by techniworld in writing. The insurance policy shall record the interest of both techniworld and The Customer in writing. The Customer shall, if so required by techniworld, cede to techniworld all its rights in terms of such insurance policy. techniworld shall exercise the said option by giving The Customer written notice that it is doing so at any time prior to the delivery of the goods by techniworld to The Customer.
- Subject to clause 20.2 if The Customer breaches any of the terms or conditions hereof or any other agreement with techniworld or fails to pay any amount payable by it on due date or commits any act of insolvency or endeavours to compromise generally with its creditors or does or causes to be done anything which may prejudice techniworld’s rights hereunder or at all, or allows any judgment against it to remain unsatisfied for 7 days or is placed into provisional or final liquidation or judicial management or under provisional or final sequestration or if his estate is voluntarily surrendered, or is under an administration order or debt rehabilitation as provided for in the National Credit Act, 34 of 2005 (“NCA”), techniworld shall have the right, without prejudice to any other right which it may have against The Customer, to elect to –
- treat as immediately due and payable all outstanding amounts which would otherwise become due and payable over the unexpired period of the agreement and to claim such amounts as well as any other amounts in arrears including interest and to cease performance of its obligations hereunder as well as under any other contract with The Customer until The Customer has remedied the breach; and / or
- cancel this agreement and retake possession of any of the goods sold and / or; 20.1.3. claim damages.
- techniworld shall not be obliged to comply with its obligations hereunder in any respect whatsoever for so long as The Customer is indebted to techniworld in any amount whatsoever in respect of any cause whatsoever or fails to comply with any other obligations to techniworld, whether arising out of this contract or otherwise. In particular without limiting the generality of the aforegoing, if delivery of any particular order is to take place in stages, techniworld shall not be obliged to deliver any part of the order until the purchase price which is due in respect of the part of the order which has already been delivered, has been paid.
- The Customer agrees that the amount due and payable to techniworld shall be determined and proven by a certificate issued by techniworld and signed on its behalf by any person duly authorised by techniworld, which authority need not be proven. Such certificates shall be binding on The Customer and shall be prima facie proof of the indebtedness of The Customer.
- The Customer hereby indemnifies techniworld against any and all damage of whatsoever nature, howsoever and by whomsoever caused in relation to the removal of goods, excluding any gross negligence by techniworld, and without derogating from the generality of the aforegoing, the removal of repossessed goods from the premises of The Customer or any other premises where the goods may be found.
- The Customer hereby agrees that techniworld shall not be required to furnish security in terms of the relevant rules of the Rules of the Magistrate’s Court and the relevant rules of the Rules of the High Court. The Customer consents that techniworld shall have the right to institute any action in either the relevant Magistrate’s Court or the High Court at its sole discretion irrespective if the amount claimed exceeds that particular courts jurisdiction.
- The Customer and surety choose their domicilium citandi et executandi (“domicilium”) for the purposes of the giving of any notice, the payment of any sum, serving of any process and for any other purpose arising from this agreement at their addresses and telefacsimile numbers as set in The Customer application annexed hereto. The Customer and the surety agree that should any notice be received in terms of the NCA, that such notice may be given by pre-paid registered post.
- techniworld shall in its sole discretion regard either of the addresses as The Customer’s and surety’s domicilium if The Customer and the surety’s addresses differ in The Customer application.
- Each of the parties shall be entitled from time to time, by written notice to the other, to vary its domicilium to any other address which is not a post office box or poste restante.
- Any notice given and any payment made by any party to any other (“the addressee”) shall be in writing and if:
- delivered by hand during the normal business hours of the addressee at the addressee’s domicilium for the time being shall be presumed, until the contrary is proved by the addressee, to have been received by the addressee at the time of delivery;
- posted by prepaid registered post to the addressee at the addressee’s domicilium for the time being shall be presumed, until the contrary is proved by the addressee, to have been received by the addressee on the 4th day after the date of posting;
- transmitted by telefacsimile to the addressee’s telefacsimile address for the time being shall be presumed, until the contrary is proved by the addressee, to have been received by the addressee on the 1st business day after the date of transmission.