Terms & Conditions

1. Applicability

These General Terms and Conditions of Sale shall govern all sales of products from MTSM Components (Pty) Ltd T/A South Industries and its agents, hereinafter referred to as SOUTH INDUSTRIES to any buyer. By placement of a written- or electronic order, the buyer will be deemed to have accepted these General Terms and Conditions of Sale.

South Industries reserves the right to vary these General Terms and Conditions of Sale at any time.

2. Sales Contracts

The buyer shall submit an order for the products. Orders shall become binding on South Industries once the product price has been paid in full via the available payment options. Sales contracts and orders may be cancelled or modified only with South Industries’ written consent.

3. Product Information

Website catalogues, brochures and price lists are intended for general guidance only and do not constitute part of any sales contract unless expressly stated otherwise in the sales contract. It is advised that specific information be requested from South Industries.

The obtaining of any necessary consent, approval or governmental license for the importation and/or use of the products shall not be the responsibility of the seller.

4. Warranty

At South Industries we believe a wheel is only as good as the sum of its components. For that reason we require that for every rim purchased the original owner must complete our “Product Registration Form” and send same to us to register the purchase. We will only entertain warranty claims for registered purchases.

All South Industries rims are covered by our LIFETIME WARRANTY to be free from manufacturing defects in material and/or workmanship and we offer a LIFETIME CRASH REPLACEMENT. Our LIFETIME CRASH REPLACEMENT policy allows to original owner to purchase a replacement rim at 50% of the current MRSP. The warranty applies only to the original owner and does not transfer to subsequent owners. (effective from August 2019).

South Industries will have the option to either repair or replace the defective product as per the limited warranty. Any additional costs related to the replacement of the defective rim, be it material or labour, is excluded from the warranty.

Whether the defective wheel qualifies to benefit from the warranty is at the sole discretion of South Industries.

All defects shall be notified to South Industries in writing within 14 days from the date of delivery or, if the defect could not have been discovered in a careful inspection of the product, immediately after discovery of the defect and in no event later than the expiry of the warranty period.

This Warranty does not cover:

Cost of shipment to and from authorized South Industries dealer is specifically excluded and is not covered by this Warranty.

Deterioration on the surface finish or appearance which has no effect on the function of the wheels

Damage caused by exceeding the maximum rider weight for the rim as specified.

Damage caused by exceeding the maximum specified tyre inflation pressure.

5. Submitting a Warranty Claim

When submitting a warranty please send us the serial number of the affected part, copy of your original proof of purchase, short description of the damage and date that it occurred on and a picture of the damage to info@southindustries.co.za. We will try our best to respond to your claim within 48 hours.

6. General Limitations of Liability

South Industries liability for defects shall be limited to the repair or replacement of the defective product within a reasonable time at South Industries sole discretion, and shall not extend to any other components or accessories other than the defective product itself.

The liability, if any, of South Industries for any damages shall always be limited to an amount equal to the price paid by the buyer for the product to which the damage relates, South Industries SHALL IN NO EVENT BE LIABLE FOR ANY OTHER DAMAGES OR LIABILITY, INCLUDING SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL LOSSES OR DAMAGES based upon breach of warranty, breach of contract, negligence or any other legal theory, and including damages arising from or related to any physical injury to person or property, loss of profit, loss of contract, loss of use, purchase in replacement, or liabilities to third parties.

7. Crash replacement policy

Our rims are designed to be ridden hard and raced at the limit. If you find that limit and crash we are happy to replace the rim only at a 50% discount of the current retail price, once off for the original owner so that you can get back to riding asap.

This policy covers accidents which fall outside of our warranty coverage for any reason.

Please note however that VAT/Import duties, shipping, labour and additional replacement parts are not covered by South Industries.

8. Prices

The products shall be considered sold at South Industries prices and payment terms prevailing at the time of South Industries order confirmation or other express acceptance of order.

South Industries reserves the right to increase any agreed prices in the event of increases in VAT, customs duties, or other public charges. South Industries shall also have the right to increase the prices based on changes in the exchange rate for the currency in which the prices have been determined or in which materials or components used in the manufacturing process of the products are paid. In addition, South Industries reserves the right to revise its price list as its sole discretion from time to time.

8. Terms of Payment

Preparation for delivery of the product will only be commenced once the buyer has paid the full amount owing as per the order and/or agreement.

9. Delivery of Products

Unless otherwise specified in the confirmed order, the products shall be delivered FOB at such times as the parties agree in writing. Any dates quoted for delivery of the products are approximate only.

10. Risk and Title

The risk of loss and deterioration shall pass to the buyer immediately upon delivery. Title to and ownership of the products shall pass to the buyer only upon receipt by south industries of all payments due to South Industries for the products delivered.

11. Force Majeure

South Industries shall not be held liable for any failure to perform caused by reason of force majeure events or other circumstances or impediments beyond South Industries control, including but not limited to, industrial or labour disputes, riots, fires, floods, wars, embargoes, shortage of labor, raw materials, energy or means of transportation whether affecting South Industries or any subcontractor, or for circumstances caused by reason of laws, regulations, orders or acts of any government or authority.

12. Returns and exchanges of goods

Returns and exchanges of goods can only take place with prior arrangement. Goods supplied correctly which are returned are subject to a deduction of the following fee net price: dismounted undamaged items in original packaging 10%. In cases of unavailability, South Industries will refund the client in full within 30 days.

We will not entertain returns of rims that have been laced, regardless if they have been used or not.

13. Customer Privacy Policy

South Industries shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from:
http://www.polity.org.za/attachment.php?aa_id=3569.

14. Card acquiring and security

Card transactions will be acquired for South Industries via PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. DPO PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.

15. Customer details separate from card detail

Customer details will be stored by South Industries separately from card details which are entered by the client on DPO PayGate’s secure site. For more detail on DPO PayGate refer to www.paygate.co.za.

16. Merchant Outlet country and transaction currency

The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR).

17. Applicable Law

The relevant laws applicable to the Republic of South Africa shall be of force and effect.

18. Jurisdiction

All disputes arising out of or in connection with these General Terms and Conditions of Sale and any contracts shall be submitted to the exclusive jurisdiction of the ordinary courts at the domicile of South Industries. However, in addition, South Industries shall have the right to bring a claim against the buyer for failure to pay for goods ordered or for breach of any other obligation owed to South Industries or for violation of any right of South Industries, at any court in the buyers domicile and/or wherever the buyer may also be subject to the jurisdiction of any court.
South Industries chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature, 4 Cabernet Street, Saxenburg Park, Kuilsriver, 7580.

19. Written Form

Whenever a notice, acceptance, consent or other communication is required to be in writing according to these General Terms and Conditions of Sale, this requirements shall be considered fulfilled also when such communication is given or made by fax or electronic mail.

20. Company information

Company Name:
MTSM Components (Pty) Ltd T/A South Industries
Registration Number:
2015/085423/07
Physical address:
4 Cabernet Street, Saxenburg Park, Kuilsriver, 7580, SOUTH AFRICA
Directors:
JWN van Zyl, S Bekker, TWR de Jongh, JB Lind
Email:
info@southindustries.cc
Telephone:
+27 83 235 0543