Siemplex Distributors cc – Terms and Conditions
These Terms and Conditions (“Terms”) apply to all quotations, invoices, and contracts issued by Siemplex Distributors cc (“Siemplex”), a registered business in Namibia. By accepting a quotation, placing an order, or making payment on an invoice, the customer (“Client”) agrees to be bound by these Terms.
1. Quotes
1.1. All quotations are valid for seven (7) calendar days from the date of issue, unless otherwise stated in writing.
1.2. Pricing is subject to change after the quote validity period. Any changes in product availability, shipping costs, or exchange rates may result in a revised quote.
1.3. Siemplex reserves the right to withdraw or amend any quotation prior to acceptance by the Client.
2. Orders and Acceptance
2.1. Orders are confirmed upon written acceptance of a quote, receipt of a signed order form, or payment of a deposit or full amount as specified.
2.2. Siemplex reserves the right to cancel any order or refuse sale at its discretion, with notice provided to the Client and a full refund issued if payment was already made.
3. Payment Terms
3.1. Payment is due upon receipt of invoice, unless otherwise agreed in writing.
3.2. Siemplex accepts the following payment methods:
- Electronic Funds Transfer (EFT)
- Bank Deposit
- Credit Card (may be subject to processing fees)
3.3. Invoices not settled within 21 days of the invoice date will incur interest at 10% per month on the outstanding amount.
3.4. The Client is responsible for ensuring timely payment. Siemplex reserves the right to withhold future orders for accounts with overdue balances.
3.5. If legal action or collection services are required, the Client will be responsible for all associated costs.
4. Cancellation and Refunds
4.1. Orders may not be cancelled once processed, unless otherwise agreed in writing.
4.2. A cancellation fee may apply if the order involves specially procured, imported, or non-stock items.
4.3. No refunds will be issued for products that have already been shipped or collected, unless the goods are defective or incorrectly supplied (see Section 6).
5. Delivery
5.1. Delivery times are estimates and subject to availability of stock, shipping schedules, and external factors beyond Siemplex’s control.
5.2. Siemplex will make reasonable efforts to meet delivery timelines but cannot be held liable for delays caused by:
- Supplier or courier delays
- Customs clearance issues
- Acts of God, political unrest, or government regulations
5.3. Risk in the products passes to the Client upon delivery or collection, unless otherwise agreed in writing.
5.4. Clients must inspect goods upon delivery and notify Siemplex in writing of any damage, defects, or shortages within 48 hours of receipt.
6. Warranty and Returns
6.1. Products supplied by Siemplex are covered by the manufacturer’s warranty, subject to the terms provided by the manufacturer.
6.2. Siemplex does not provide its own warranty and acts solely as a distributor/reseller.
6.3. Defective products that are eligible for return must be reported within the warranty period, and accompanied by proof of purchase, original packaging, and a description of the defect.
6.4. No returns will be accepted for:
- Products damaged by misuse, neglect, or improper installation
- Consumables (e.g., batteries, filters)
- Products with tampered or removed serial numbers
6.5. Approved warranty claims will be processed in line with the manufacturer's policies, which may include repair, replacement, or credit.
7. Liability
7.1. Siemplex's total liability for any claim arising from the supply of products is limited to the amount paid by the Client for those products.
7.2. Siemplex shall not be liable for:
- Loss of profits, revenue, or business opportunities
- Indirect or consequential damages
- Faults resulting from third-party installations or use not in accordance with manufacturer instructions
8. Intellectual Property
8.1. All trademarks, branding, product names, and related intellectual property remain the property of the respective manufacturers or owners.
8.2. The Client may not duplicate, repackage, or relabel products in a way that misrepresents the manufacturer or origin of the goods.
9. Confidentiality
9.1. Both parties agree to keep confidential any non-public information exchanged during the course of business, including pricing, supply arrangements, and proprietary product information.
9.2. This obligation does not apply to information that is publicly available or required to be disclosed by law.
10. Data Protection
10.1. Client information will be handled in accordance with Namibian data protection laws and will not be shared with third parties except where necessary for order processing or legal compliance.
10.2. By placing an order, the Client consents to Siemplex retaining their information for future transactions and communication purposes.
11. Subcontracting
11.1. Siemplex reserves the right to use third-party service providers for logistics, warehousing, or administrative tasks necessary for fulfilling orders.
12. Insurance
12.1. Products are insured during transit by Siemplex up until the point of delivery or collection, after which responsibility transfers to the Client.
13. Force Majeure
13.1. Siemplex shall not be held liable for any failure to perform or delay in performance due to circumstances beyond its control, including but not limited to:
- Natural disasters
- Pandemics or epidemics
- War or terrorism
- Transport strikes or customs delays
- Government restrictions or supply chain interruptions
14. Governing Law and Jurisdiction
14.1. These Terms are governed by and construed in accordance with the laws of Namibia.
14.2. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts of Namibia.
15. Amendments
15.1. Siemplex may update these Terms from time to time. The most current version will be available upon request and will apply to all new orders.
15.2. Continued engagement following any changes constitutes acceptance of the updated Terms.
16. Acceptance of Terms
By accepting a quotation, placing an order, or making payment, the Client confirms they have read, understood, and agreed to be bound by these Terms and Conditions.