The supply and sale of goods by Firefly Braai & Accessories ("Firefly Braai") is subject to the following standard terms and conditions unless expressly modified in writing by Firefly Braai and the Buyer (collectively the "Parties"). The final and entire agreement pertaining to the sale of goods to Buyer by Firefly Braai is set forth herein; any prior understandings, agreements, and representations, oral or written, shall be deemed superseded and merged in this contract. Any typographical, clerical, or other errors or omissions in any sales literature, catalogues, quotations, price lists, offers, invoices, manuals, or any other document issued by Firefly Braai shall be corrected without any liability to Firefly Braai. Agents and salespersons of Firefly Braai have no authority to make any representations not included herein. Firefly Braai hereby rejects any different or additional terms previously or hereafter proposed by the Buyer, none of which shall be effective unless embodied in writing signed by an authorized employee of Firefly Braai. Any preprinted terms on Buyer’s purchase order shall be given no force or effect and no terms of a purchase order that conflict with this Agreement shall be binding on Firefly Braai.
The goods and other items or services covered by these terms and conditions shall be sold and invoiced at Firefly Braai's prices and charges in effect at the time of each shipment of goods. Firefly Braai reserves the right to change, without notice, the published list prices referenced on any purchase order or the face of this contract. Prices do not include sales tax. Firefly Braai is not currently VAT registered.
Terms of payment are within Firefly Braai's sole discretion, and unless otherwise agreed to by Firefly Braai, payment must be received by Firefly Braai prior to shipment of an order.
Transportation and Insurance
We make use of The Courier Guy for all shipments. Title to each shipment of the goods sold hereunder and risk of loss thereon shall pass to the Buyer when Firefly Braai or its agent delivers such shipment to a common carrier or licensed trucker consigned to the Buyer, or his agent, but such shipment shall remain subject to Firefly Braai's rights of stoppage in transit and of reclamation. No goods shipped are shipped with insurance, however, should the buyer wish to apply for insurance, such arrangements can be made prior to shipment.
The Firefly Braai products purchased are warranted from the initial date of purchase to be free of defects in material and workmanship for the periods as referenced on the Firefly Braai Website (www.fireflybraai.co.za). As a matter of general policy, all equipment carries a 1-year carry-in warranty.
- The Firefly Braai Obligation Under Warranty
The Firefly Braai’ sole obligation under this warranty is limited to repair or replacement of products or parts at The Firefly Braai’ discretion during the warranty period. Firefly Braai makes every effort to respond to warranty claims within a reasonable period of time after it has been notified. The Firefly Braai does not assume responsibility for delays in replacement or repair of products or parts.
Products and parts repaired or replaced by The Firefly Braai under the warranty shall be warranted for the balance of the original warranty period. This warranty gives end users specific legal rights, and particular end users may also have other rights, which may vary from jurisdiction to jurisdiction.
The warranty applies only to the original owner and does not extend to any product that has been subject to misuse, neglect, accidental damage, unauthorized repair, or tampering.
If Firefly Braai determines that a product has defects in material or workmanship, Firefly Braai shall, at its sole option, repair or replace the product without additional charge for parts and labour, or give a credit for the defective products duly returned to Firefly Braai.
To perform repairs, Firefly Braai may use new or reconditioned parts, components, subassemblies or products that have been tested as meeting applicable specifications for equivalent new material and products. Buyer will allow Firefly Braai to scrap all parts removed from the repaired product.
Buyer is responsible for shipment of the product to The Firefly Braai and assumes all costs and risks associated with this transportation. Return shipment to Buyer will be at The Firefly Braai’ expense. Buyer shall be responsible for return shipment charges for product(s) returned where The Firefly Braai determines that there is no defect or where The Firefly Braai determines that the product is not eligible for warranty repair or replacement.
- Disclaimer of All Other Warranties
No other warranties, expressed or implied, are given. The Firefly Braai expressly disclaims all other warranties, including and without limitation, the implied warranties of merchantability and fitness for a particular purpose. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to particular end users. The remedy set forth in this statement is the buyer’s sole and exclusive remedy for warranty claims and is expressly in lieu of all other remedies that may be available to the buyer at law or in equity.
FIREFLY BRAAI'S WARRANTY, AS DESCRIBED HEREIN, IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, ORAL OR WRITTEN, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. FIREFLY BRAAI SHALL NOT BE LIABLE FOR ANY DAMAGES SUSTAINED BY BUYER ARISING FROM DELAYS IN THE REPLACEMENT OR REPAIR OF PRODUCTS UNDER THE ABOVE. THE REMEDY SET FORTH IN THIS WARRANTY STATEMENT IS THE BUYER’S SOLE AND EXCLUSIVE REMEDY FOR WARRANTY CLAIMS. UNDER NO CIRCUMSTANCES WILL FIREFLY BRAAI BE LIABLE TO BUYER OR ANY THIRD PARTY FOR ANY LOST PROFITS, DIMINUTION OF GOOD WILL, OR ANY INCIDENTAL, CONSEQUENTIAL INDIRECT, SPECIAL OR CONTINGENT DAMAGES REGARDLESS OF WHETHER FIREFLY BRAAI HAD ADVANCE NOTICE OF THE POSSIBILITY OF SUCH DAMAGES. FIREFLY BRAAI'S LIABILITY FOR DAMAGES ON ACCOUNT OF A CLAIMED DEFECT IN ANY PRODUCT DELIVERED BY FIREFLY BRAAI SHALL IN NO EVENT EXCEED THE PURCHASE PRICE OF THE PRODUCT ON WHICH THE CLAIM IS BASED. FIREFLY BRAAI SHALL NOT BE LIABLE FOR DAMAGES RELATING TO ANY INSTRUMENT, EQUIPMENT, OR APPARATUS WITH WHICH THE PRODUCT SOLD UNDER THIS AGREEMENT IS USED. The parties further agree that the limitations and exclusions of liability and disclaimers specified in this terms will survive and apply even if found to have failed of their essential purpose.
What May Void the Warranty
This Limited Warranty shall be null and void in the following circumstances:
- Misuse, neglect, accidental damage, unauthorized repair, modification, alteration, upgrade or tampering of any product by the end user or any third party;
- Faulty operation, improper use, abuse, misuse, wear and tear, negligence, improper storage or use of parts or accessories not approved or supplied by Firefly Braai;
- Use of product with any other instrument, equipment or apparatus;
- Improper installation or failure to conduct regular maintenance or cleaning of any product by the end user or any third party;
- Failure of the end user or any third party to exercise caution to protect any covered product or part from electrostatic discharge damage, adverse temperature and humidity conditions;
- Damage caused by natural or man-made disaster such as but not limited to fire, water damage, floods, other natural disasters, vandalism or abusive events that would cause internal and external component damage or destruction of the whole unit, consumable items;
- Damage or malfunctioning caused by non-restoring action as for example firmware or software upgrades, software or hardware reconfigurations etc.
Transportation Costs: Return shipment to end user will be at The Firefly Braai’ expense. Buyer shall be responsible for return shipment charges for product(s) returned where The Firefly Braai determines that there is no defect or where The Firefly Braai determines that the product is not eligible for warranty repair or replacement.
Risk of Loss
Buyer shall bear risk of loss or damage for product in transit to Firefly Braai. Firefly Braai shall assume risk of loss or damage for product in Firefly Braai’s possession. In the absence of specific written instructions for the return of product to Buyer, Firefly Braai will select the carrier, but Firefly Braai shall not thereby assume any liability in connection with the return shipment.
All products shall be suitably packed for shipment unless otherwise requested by Buyer and agreed to in writing by Firefly Braai.
This contract and Buyer's rights thereunder may not be assigned by the Buyer except with the prior written approval of Firefly Braai. Any assignment or transfer made in violation of the foregoing shall be void.
Waiver by Firefly Braai of any provision of this contract or of a breach by Buyer of any provision of this contract shall not be deemed a waiver of future compliance with this contract, and such provision, as well as all other provisions of this contract, shall remain in full force and effect.
These General Terms for the Sale of Goods shall be governed by and construed in accordance with the laws of the Republic Of South Africa. Unless Parties expressly agree in writing upon an arbitration clause, Parties agree to submit all disputes arising out of or in connection with the contracts herein to the exclusive jurisdiction of the competent Court of the place where Firefly Braai has its registered office.
- Parties are responsible for all their own legal, accountancy or other costs and expenses incurred in the performance of their obligations arising from these General Terms for the Sale of Goods.
- The invalidity of any one of the provisions contained in the present General Terms for the Sale of Goods, or the invalidity of any provision contained in any other contractual document intended to regulate the relationships between Parties, shall not undermine the validity of any of the other conditions contained herein.