1. APPLICATION

• By accepting the purchase order and making the deposit payment, the Purchaser is deemed to have tacitly accepted these Terms and Conditions in full.

2. PRICE OF GOODS

• Prices quoted for the goods or as posted on the GSS store or otherwise presented are subject to change without notice and will always be in ZAR denomination.
• Acceptance of any order sent to GSS by the Purchaser is entirely at the discretion of GSS.

3. DELIVERY

• Delivery dates are provided based on GSS’ knowledge of the conditions existing at the time of sale.
• GSS will do its best to ship within its quoted delivery estimate (as may be indicated on quotations remitted), but failure to make shipment as scheduled does not constitute a cause for cancellation, does not constitute a breach of contract and/or does not entitle the Purchaser to damages of any kind.
• The delivery of this order is contingent on the ability of GSS to obtain supplies and raw materials or finished products from a third-party manufacturer.
• GSS shall not be liable to the Purchaser, nor any other party, for failing to deliver or for any delay in delivery of the goods or any part of the goods if the failure or delay arises from any cause beyond the reasonable control of GSS, which causes will include (without limitation) strikes, lockouts, labour disputes, accident, plant and/or machinery and/or equipment breakdowns, fire, explosion, theft, war (whether declared or not), invasion, acts of enemies, hostilities, riots, flood, earthquake, lightning, acts of local and national government, martial law, pandemics, failure or delay on the part of GSS’s suppliers of services or goods to meet delivery dates or defects or changes in specifications relating to goods or the use thereof.
• Based upon the Purchaser's preference and subject to availability of supplies and raw materials, GSS shall deliver all of the goods at one time, or in instalments from time to time, within the time of delivery herein stated, provided that total time of delivery shall not exceed 12 months.
• When delivery in instalments is chosen, GSS shall prepare an invoice showing the current list price of goods shipped at the time of each shipment, and the Purchaser shall pay the amount of the invoice at the time of delivery.
• If the Purchaser chooses delivery in instalments, the delivery of non-conforming goods, or a default of any nature, in relation to one or more instalments of this contract will not substantially impair the value of this contract as a whole and will not constitute a total breach of the contract as a whole.
• Terms outlining the Purchaser's acceptance or rejection of goods in each instalment are set out in the Acceptance of Goods section below.

4. PAYMENT TERMS

• Should the Purchaser elect to pay by direct deposit, bank charges will be for the account of the Purchaser.
• Interest will be charged on any overdue amount at the maximum rate permitted by the National Credit Act No. 43 of 2005.

5. CANCELLATION POLICY

• Purchaser shall pay for any and all unrecoverable costs resulting from the cancellation of any order.
• If the Purchaser cancels a portion of an order, GSS reserves the right to back bill the Purchaser to account for any differences in quantity discounts.

6. SHIPPING

• All shipments are FOB Purchaser's premises/designated address.
• Goods damaged in transit should be noted on the freight bill by the delivering carrier.
• All claims for goods damaged in transit shall be made against the delivering carrier by the Purchaser.

7. ACCEPTANCE OF GOODS

• The risk in the goods passes to the Purchaser upon delivery or transfer of possession of the goods to the Purchaser.
• The ownership of the goods remains vested in GSS, irrespective of whether the goods have been installed until the Purchase Price (plus interest if applicable) has been paid in full.
• Until title in the goods has passed to the Purchaser the Purchaser shall hold the goods on a fiduciary basis on behalf of GSS, keep the goods separately so that the goods remain readily identifiable as GSS’s property, and maintain the goods in satisfactory condition, all to the reasonable satisfaction of GSS.
• Without prejudice to the obligation of the Purchaser to purchase and pay for the goods GSS shall be entitled to repossess goods which have been delivered to the Purchaser and for which the Purchaser has failed to make payment by the due date. At all times GSS maintains the right to claim payment for the goods not withstanding that title in the goods may not have passed to the Purchaser. Until such time as the goods are paid for in full the Purchaser hereby consents to GSS entering any premises where the goods are kept or installed in order to repossess or inspect the goods. Any such action shall not give rise to any claim of any nature by the Purchaser against GSS.

8. RETURN OF GOODS

• GSS will accept a return of unused and unmodified standard goods within 30 days of delivery and refund the price paid less (i) any testing charges, if applicable, and (ii) a fifteen percent (15%) restocking charge. Acceptance of returns after 30 days shall be at GSS’ sole discretion.If accepted, such returns will be for merchandise credit only and shall be subject to any testing charges and a fifteen per cent (15%) restocking fee.
• GSS shall not be obligated to accept a return of used or unused goods which are covered under the warranty pursuant to Section 10 or which is obsolete inventory.
• Product returns require a GSS-issued RMA number which is to be clearly marked on the exterior of the return package.
• Products must be returned in the original packaging, clean and free of toxins, and in their original testable format.
• Purchaser is responsible for all return shipping charges.

9. DEFECTIVE GOODS

• Return of a product under Product/Manufacturer warranty requires a GSS-issued RMA number and proof that the Purchaser is the original purchaser of the product directly from GSS.
• Any warranty is void if products have been damaged by the purchaser as a result of improper maintenance, abuse, misuse, mishandling, misapplication, error or negligence of Purchaser, or if there has been an unauthorised alteration, attachment or modification.

10. WARRANTIES

• There are no warranties beyond the expressed warranty offered with the sale of each particular product.
• For products where GSS is acting as a distributor, GSS will transfer to purchaser any transferrable warranties or indemnities that the manufacturer of the product provides to GSS.
• In such cases where GSS is acting as a distributor, no additional warranties are given or implied beyond the manufacturer’s warranty, if any.
• In no event shall GSS be liable for loss of profits or indirect, consequential, incidental, special or other similar damages arising out of any breach of this contract or obligations under this contract, including breach of warranty, negligence, strict liability, or any other legal theory.
• Substantially all of the products developed, sold, leased, and delivered by GSS have conformed in all material respects with all applicable contractual commitments and all express and implied warranties, and GSS has no material liability (whether known or unknown, whether asserted or unasserted, whether absolute or contingent, whether accrued or unaccrued, whether liquidated or unliquidated, and whether due or to become due) for replacement or repair thereof or other damages in connection therewith.
• Substantially all of the products sold, leased and delivered by GSS are subject to standard terms and conditions of sale or lease.

11. LIMITATION OF LIABILITY

• The Purchaser's sole remedy and the limit of GSS’ liability for any loss whatsoever shall not exceed the Purchaser's price of the product(s).
• The determination of the suitability of products to the specific needs of the Purchaser is solely the Purchaser's responsibility.
• There are no warranties beyond the expressed warranty offered with the sale of each particular product. Except as specifically provided in this document, there are no other warranties express or implied, including but not limited to any implied warranties of merchantability or fitness for a particular purpose.  
• No information or advice given by GSS, it's agents or employees shall create a warranty or in any way increase the scope of the expressed warranty offered with the sale of each particular product.

12. CUSTOMISED PRODUCTS

• GSS reserves the right to require prepayment on custom orders.
• Claims by Purchaser of non-conformance to specification must be made to GSS within ten (10) days of delivery. Failure to inspect and make a claim within ten (10) days of delivery constitutes acceptance of the goods.
• Orders to Purchaser's specifications are executed only on the agreement that the Purchaser shall indemnify GSS and hold it harmless for any loss, cost or damages of any nature resulting from or arising from any infringement of patents or any alleged infringement of patents or infringement of any other intellectual property rights.

13. INDEMNIFICATION

• Products supplied by GSS are not designed, intended, or authorised for use as components intended for surgical implant or ingestion into the body or other applications involving life-support, or for any application in which the failure of the GSS-supplied product could create or contribute to a situation where personal injury or death may occur.
• Products supplied by GSS are not designed, intended, or authorised for use in or with any nuclear installation or activity. Products supplied by GSS are not designed, intended, or authorised for use in any aeronautical or related application.
• Should any GSS-supplied product or equipment be used in any application involving surgical implant or ingestion, life-support, or where the failure of the product could lead to personal injury or death, or should any GSS-supplied product or equipment be used in or with any nuclear installation or activity, or in or with any aeronautical or related application or activity, Purchaser will indemnify GSS and hold GSS harmless from any liability or damage whatsoever arising out of the use of the product and/or equipment in such manner.

14. PRODUCT SAFETY AND DISCLAIMERS

• The Customer is solely responsible for ensuring that all products are stored, handled, and transported in accordance with the product-specific safety guidelines provided by GSS, including any technical datasheets, safety instructions, or labelling. These guidelines are available upon request.
• All products are subject to the specific disclaimers and limitations of liability as set out in the relevant product documentation, including any safety datasheets, user manuals, or technical specifications. It is the Customer’s responsibility to familiarise themselves with and adhere to these disclaimers. GSS shall not be liable for any loss or damage arising from use, storage, or transportation of the products contrary to such disclaimers or provided guidance.

15. INTERPRETATION

• This writing is intended by the parties as a final expression of their agreement and is intended as a complete and exclusive statement of the terms of their agreement.
• No course of prior dealings between the parties and no usage of the trade shall be relevant to supplement or explain any term used in these terms and conditions.
• Acceptance or acquiescence in a course of performance rendered under these terms and conditions shall not be relevant to determine the meaning of these terms and conditions even though the accepting or acquiescing party has knowledge of the performance and opportunity for objection.

16. MODIFICATION

• These terms and conditions can be modified or rescinded only in writing signed by both the parties or their duly authorised representatives.

17. GOVERNING LAW

• These Terms and Conditions and our relationship and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa.
• Your continued use of the Website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.
• In the event of any dispute arising between you and GSS, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
• Nothing in this clause or the Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.

18. TRANSPORT AND STORAGE

• If the battery is not in use or is intended for sale, it must be recharged every six months.
• Avoid dropping or throwing the batteries.
• Dispose of SLA/GEL/MF batteries as hazardous waste and ensure proper recycling.
• Store SLA/GEL/MF batteries within a temperature range of 15°C to 35°C.
• The operating temperature of these batteries’ ranges from -5°C to +50°C.
• The batteries must be kept five layers high and no more, so as not to cause damage to the batteries unnecessarily.
• The battery needs to be kept up as per the “this side up” markings on the box.
• The batteries must be kept in an area that is coolest, and never in direct sunlight or close to a heat source, i.e. a heater, machinery/equipment that emits heat, etc.
• The batteries have a vulnerability to overheating and can pose a potential fire hazard if not stored correctly.
• When being transported the batteries must be secured properly as to prevent shifting.
• Always keep sand/soil or a class “D” extinguisher nearby in the event of a possible fire.
• Avoid all contact with water and DO NOT use a Halon extinguisher as toxic gases will be generated. Lithium-Ion batteries (LiFePO4) are to be recycled company and disposed of hazardous waste.
• Lithium-Ion (LiFePO4) batteries should be stored at a temperature. Between 15°C – 35°C.
• The Operating temperature of these batteries is -20°C - +60°C.
• After long term storage, the battery’s SOC (State of Charge) is between 30-50%, (it is also required that when these batteries are transported, they cannot be fully charged according to worldwide standards to reduce the risk, and therefore if the battery is kept for long periods of time at a high SOC this will cause the acceleration of the degradation of capacity of the battery. 

19. RETURNS & HANDLING FEE POLICY

• Please note that all returns are subject to prior approval. Products that are accepted for return will incur a 10% handling fee, which will be deducted from the credit or refund amount. This fee covers administrative, inspection, and restocking costs. Products must be returned in their original, unused condition and within the agreed-upon return period.
  

20. RETURNS & HANDLING FEE – CUSTOM-MADE ITEMS

• Please note that items manufactured or sourced specifically to meet customer’s unique requirements are classified as custom-made and are generally non- returnable.

All information provided is subject to change at anytime without prior notice.