Terms and Conditions of Sale
5. Limitation of Damages
5.1 – ZMSA is not liable for special, incidental, or consequential damages, for personal injuries, property damages, or lost profits, in connection with or arising out of any action, inaction, negligence, or strict liability of ZMSA relating in any way to the products or use of the products it provides even if ZMSA has been advised of the possibility of such potential loss or damage.
6. Proper Use
6.1 – Customer acknowledges the potential for injury to themselves or others involved in physical fitness, combat sport, or other activity involved in the use of ZMSA products and further agrees to use the products in a safe manner and in accordance with any instructions supplied to Customer by ZMSA.
7.1 – Customer shall indemnify and hold ZMSA harmless from and against all liabilities, obligations, claims, damages, penalties, causes of action, costs, and expenses (including without limitation, attorneys’ fees) imposed upon or incurred by or asserted against ZMSA that arise out of or are related to Customer’s possession or use of ZMSA’s products which are not the direct result of a proven breach of warranty by ZMSA as provided in Section 4 herein. Customer shall defend, at its sole cost and expense, any action brought against ZMSA as a result of any personal injury or property damage, and shall indemnify ZMSA for all costs(including attorneys’ fees and expenses) incurred by ZMSA in defending any such claims or establishing its right to indemnification herein.
8. Performance Impossible
8.1 – Neither party shall be liable for failure or delay in performing under these Standard Terms and Conditions that is due to causes beyond its reasonable control, such as natural catastrophes, governmental acts or omissions, labour strikes, lockouts or other disturbances, war, riot, or difficulties in procuring labour or materials.
9. Governing Law and Jurisdiction.
9.1. Governing Law. The validity, construction, and interpretation of these Standard Terms and Conditions and all rights and duties of ZMSA and Customer arising hereunder shall be governed by the substantive laws of South Africa (without giving effect to the conflicts of laws principle thereof).
9.2 – Jurisdiction. Customer hereby irrevocably submits to the nonexclusive jurisdiction of any South African Court within the Western Cape any action or proceeding arising out of correlating to the relationship between ZMSA and Customer, and Customer hereby irrevocably agrees that all claims in respect of such action or proceeding may be heard and determined in such court or courts. Nothing herein shall affect the right of ZMSA to bring any action or proceeding against Customer or its property or assets in the courts of any other jurisdictions. Customer hereby waives trial by jury in any judicial proceeding involving, directly or indirectly, any matter (whether sounding in tort, contract, or otherwise) in any way arising out of, related to, or connected with these standard terms and conditions
10.1 – Read all product literature, including instructions and/or use tips, before using products. The use of products may require strenuous exercise and may lead to serious injury or death. Before using products, consult with a physician to determine the level of fitness. Do not use if injured, ill or fatigued. User assumes all risks of injury.
11. Notification of Breach
11.1 – In the event that a manufacturing defect is discovered and reported to ZMSA in writing, ZMSA will, at its sole option, repair the defect, replace the defective product, or refund to Customer the price paid for such product. ZMSA’s obligation shall be limited to such repair, replacement, or refund. The Obligations of ZMSA under this limited warranty are the exclusive remedies for any breach of the warranty of products. Upon the discovery of facts which reasonably indicate that ZMSA has failed to perform its obligations or has negligently or otherwise breached a legal duty to Customer, Customer shall notify ZMSA of such in writing immediately upon discovery. The failure to give ZMSA the foregoing notice shall constitute an irrevocable waiver of all claims and causes of action which Customer may have against ZMSA and shall cause Customer to be barred from initiating any proceeding or action based upon such claims or causes of action. In no event shall Customer bring any action more than one year after the cause of action was discovered or could have been discovered.
12. Return Policy
12.1 – If you are not satisfied with any of Zebra’s products, you may return a received/delivered product within 14 days of purchase for a refund. Damaged products or products returned later than the 14 day period will not be refunded. There is a 20% handling fee on the product purchase price for all products that are returned, and this fee also applies to any order cancellation. The handling fee is limited to a maximum of R3000. Any import order cancelled, will only be refunded once the imported goods within that order has been re-sold. Custom, specialized or personalized products will not be refunded. Original shipping and handling costs are not refundable, and the customer is responsible for paying for return shipping costs to the designated warehouse. Products that have been damaged or customized in any way are not returnable. The only facility authorized to accept, and process returns will be specified by ZMSA at such time, returns made to alternative locations will not be processed or otherwise honoured. The only email authorized to accept a return request or cancellation of order is listed below, return request or cancellation of orders through alternative channels will not be processed or otherwise honoured. Further, ZMSA requires a digital image of the damaged product, so an assessment can be made by Zebra as to the cause. In the event that the product return is related to the circumstance covered under the ZMSA product warranty discussed in Section 4, the customer will be shipped a new product at the expense of ZMSA.
12.2 – Warranty and Return questions can be resolved by using the below ZMSA contact points.
Phone: 082 923 0700 – Customer Service
Returns and Cancellations: firstname.lastname@example.orgemail@example.com