Pifactory Terms and Conditions


General
All orders are accepted by PiFactory, (“PiFactory”) on these conditions of sale which supersede any other terms previously published, unless otherwise specifically agreed in writing on PiFactory headed documentation by a Director of PiFactory, these conditions of sale override and exclude any other terms stipulated or incorporated or referred to by the Customer, whether in the purchase order or during any negotiations or any course of dealing established between PiFactory and the Customer, and constitute the entire understanding between PiFactory and the Customer for the sale of products or services. Additional conditions of sale apply to export orders from SA.

Offers and Acceptance
No obligation shall arise as a result of a catalogue entry, quotation or any other offer, until PiFactory accepts the order from a Customer seeking to make a purchase.

Orders
Where possible orders should be made using PiFactory’s order codes, the Customer number and/or your trade account number and one of PiFactory’s official order forms to speed your purchase through the process. We regret that we cannot accept telephone orders.

PiFactory reserve the right to deliver part orders or hold orders, until all items are available as required. Credit card charges are only made when products are despatched for mail order delivery, the only exception being when we have been requested to build a product to special order. Only one small mail order handling charge will be levied if applicable in respect of the total order.

No order may be cancelled without the previous written consent of PiFactory on its headed documentation. In the event of part cancellation PiFactory reserves the right to charge the Customer for any difference in selling price applicable to the quantity despatched up to the time of cancellation.

Prices and VAT
PiFactory reserves the right to alter prices at any time without prior notice. In general, prices are reviewed every 6 months except in the case of products subject to high price volatility over a shorter period e.g. certain computer products. All prices are in South African Rand and subject to Value Added Tax(“VAT”) at the relevant rate ruling on the date of despatch. Overseas customers are responsible for any local duty or tax charges.

Inspection, Transit Delays and Non-Delivery
PiFactory will use reasonable endeavours to meet delivery estimates but cannot accept any liability whatsoever for failure to do so however arising. Failure to meet a delivery date where deliveries are by instalment shall not prejudice PiFactory’s right to make further deliveries by instalment under that contract. The Customer must inspect the products as soon as reasonably practicable after direct delivery or purchase from a store and shall within 7 working days of such delivery give notice to PiFactory in detail of any defect in the products or of any other complaint which the Customer may wish to make about PiFactory’s service.

No claim in respect of non-delivery of products will be considered unless written notification is given to PiFactory within 7 days from the date the products are invoiced.

Payment
1. Cash with order. Please note that Cheques are not an accepted payment method (Over counter purchases only – stock will not be reserved for online quotes)
2. PayFast Secure Online Payment
3. Credit Terms. Credit Terms are available by negotiation to business customers subject to status and certain minimum annual estimated purchases. Payment is due 30 days from the invoice date without any deductions whatsoever. If the Credit Customer fails to make any payment on the due date, then, without prejudice to any other right or remedy available to PiFactory, it shall be entitled to;
1. Cancel the order and suspend further deliveries
2. Appropriate any payment made by the Customer to such of the products (or products supplied under any other order) as PiFactory may think fit
3. Charge an administration fee for any legal or other actions required to recover monies due
4. Charge interest on the unpaid amount from the due date at a rate of 4% per month.
Ownership
1. The products shall be at the Customer’s risk as from delivery.
2. In spite of delivery having been made property in the products shall not pass from PiFactory until:
1. The Customer shall have paid the price plus VAT in full; and
2. No other sums whatever shall be due from the Customer to PiFactory.
3. Until Property in the products passes to the Customer in accordance with clause [2] the Customer shall hold the products and each of them on a fiduciary basis as bailee for PiFactory. The customer shall store the products (at no cost to PiFactory) separately from all other products in it’s possession and marked in such a way that they are clearly identified as PiFactory’s property.
3. Notwithstanding that the products (or any of them) remain the property of PiFactory the Customer may sell or use the products in the ordinary course of the customer’s business at full market value for the account of PiFactory. Any such sale or dealing shall be a sale or use of PiFactory’s property by the Customer on the Customer’s own behalf and the Customer shall deal as principle when making such sales or dealings. Until property of the products passes from PiFactory the entire proceeds of sale or otherwise of the products shall be held in trust for PiFactory and shall not be mixed with other money or paid into any overdrawn bank account and shall be at all material times identified as PiFactory’s money.
4. PiFactory shall be entitled to recover the price (plus VAT) notwithstanding that property in any of the products has not passed from PiFactory.
5. Until such time as the property in the products passes from PiFactory the Customer shall upon request deliver up such of the products as have not ceased to be in existence or resold to PiFactory. If the Customer fails to do so PiFactory may enter upon any premises owned occupied or controlled by the Customer where the products are situated and repossess the products. On the making of such request the rights of the Customer under clause [4] shall cease.
6. The Customer shall not pledge or in any way charge by way of security for any indebtedness any of the Products that are the property of PiFactory. Without prejudice to the other rights of PiFactory, if the Customer does so all sums whatever owing by the Customer shall forthwith become due and payable.
7. The Customer shall insure and keep insured the Products to the full price against ‘all risks’ to the reasonable satisfaction of PiFactory until the date that property in the Products passes from PiFactory and shall whenever requested by PiFactory produce a copy of the policy of insurance. Without prejudice to the other rights of PiFactory, if the Customer fails to do so all sums whatever owing by the Customer to PiFactory shall forthwith become due and payable.
8. The Customer shall promptly deliver the prescribed particulars of this contract to the Registrar in accordance with the Companies Act 1985 Part XII as amended. Without prejudice to the other rights of PiFactory, if the Customer fails to do so all sums whatever owing by the Customer to PiFactory shall forthwith become due and payable.
General Descriptive Matter
Whilst every endeavour is made to ensure accuracy, all specifications, illustrations or other details contained in the catalogue or any price list or advertising material or otherwise communicated to the Customer are intended merely to present a general idea of the product and nothing contained in any of them shall form part of the contract between PiFactory and the Customer.

If the description of any products not of PiFactory’s manufacture contained in any correspondence, advertising material, invoice or the current catalogue varies from that of the manufacturer’s description, the manufacturer’s description will be deemed to be the correct description and shall take precedence over PiFactory’s description. The manufacturer’s description is available from PiFactory on request.

Product Performance
Unless any product performance figures, tolerances or characteristics have been specifically and expressly warranted by PiFactory in writing on PiFactory headed documentation, PiFactory shall be under no liability whatsoever for any failure to attain such figures whether attributable to PiFactory’s negligence or otherwise. The responsibility for ensuring that products are sufficient and suitable for the Customer’s requirements is the Customer’s sole responsibility save insofar as PiFactory have specifically advised the Customer in writing on PiFactory headed documentation that the products are sufficient and suitable for the Customer’s purposes having been fully and accurately advised by the Customer of his requirements.

Warranty
PiFactory warrants that it will, at its option, replace products supplied by PiFactory in which under proper use defects appear, or repair the same, or refund or credit the purchase price thereof, subject to the claim being made in writing to PiFactory within 12 months after despatch or collection, or such other period as may be indicated by PiFactory for specific products from time to time, providing that products or parts to which the claim relates are returned to PiFactory within that period suitably packaged and carriage paid with all associated parts, accessories and literature and, where relevant, in accordance with any particular instructions which PiFactory may have notified to the Customer at the date of sale.

Returned products together with all associated parts and literature must be accompanied by a proof of purchase such as an invoice in respect of the products and details of the nature of any claimed defect together with such further information as PiFactory may at the time of sale have stipulated. Any replaced products shall become the property of PiFactory.

 
Returns
PiFactory will only accept the return of products after giving prior written authority from PiFactory. A small handling charge may be made for incorrectly ordered parts which are subsequently returned. Return postage cost is the Customers’ responsibility.

Information about hardware testing – http://elinux.org/R-Pi_Troubleshooting#Troubleshooting_power_problems

Information about Booting Problems – http://www.raspberrypi.org/forums/viewtopic.php?f=28&t=58151
 
Intellectual Property and Information
1. PiFactory take all reasonable steps in the course of business to ensure that the products do not infringe any patent, design, trademark, copyright or any other rights of third parties.
2. PiFactory own full copyright in respect of the catalogue and any other catalogues published in paper or electronic form such as CD-ROM or the Internet by PiFactory. The reproduction, storage in a retrieval system, or transmission, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, in part or in whole, is prohibited without PiFactory’s prior written consent.
3. Notwithstanding any other term of these conditions of sale, title in any software program that forms part of the products purchased is retained and will not pass to the Customer. Such software programs may only be used in the products and must not be copied or altered or otherwise modified by the Customer.
4. PiFactory reserve the right to record and use customer information supplied by the customer including telephone conversations with the customer.
Limitations of Use
Products sold by PiFactory are not recommended or authorised for use in life support, surgical implantation, nuclear or aircraft applications or for any use or application in which the failure of a single component could cause substantial harm to persons or property.
 
Limitation of Liability
1. The Customer will be responsible for ensuring the fitness for purpose of the products for the Customer’s application unless the purpose is previously notified to PiFactory in writing and PiFactory have acknowledged the suitability of the products for the stated purpose on PiFactory headed documents.
2. PiFactory accepts no liability whatsoever or howsoever arising in respect of loss, damage, expense or personal injury arising from errors in information or advice provided whether or not due to PiFactory’s negligence or that of its employees, agents or sub-contractors.
3. PiFactory shall not be liable to the Customer by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of contract with the Customer, for any indirect, special or consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of PiFactory, its employees or agents or otherwise) which arise out of or in connection with the supply of the products or their use or resale by the Customer.
4. The entire liability of PiFactory under or in connection with the contract with the Customer shall not exceed the price of the products except as expressly provided in these terms and conditions.
Force Majeure
PiFactory shall not be liable to the Customer or be deemed to be in breach of contract by reason of any delay in performing, or any failure to perform, any of PiFactory’s obligations in relation to the products, if the delay or failure was due to any cause beyond PiFactory’s reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond PiFactory’s reasonable control:
1. Act of God, explosion, flood, tempest, fire or accident;
2. war or threat of war, sabotage, insurrection, civil disturbance or requisition;
3. acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;
4. import or export regulations or embargoes;
5. strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of PiFactory or of a third party);
6. difficulties in obtaining raw materials, labour, fuel, parts or machinery;
7. power failure or breakdown in machinery.