Terms & Conditions
By purchasing any item from Klare Technologies (PTY) Ltd and or KlareTech * ( Her after referred to as KT (and group of companies) ) it is implied that the customer has read and agreed to the following TERMS AND CONDITIONS.
General Terms and Conditions
KT reserves the right to deny an order that does not agree or comply with the following statements and/or company policies: • Features, specifications, and prices of products described or depicted on the Site are subject to change at any time without notice. Some weights and measures are approximate.
• KT may at any time revise these Terms and Conditions by updating this posting. Since you are bound by these Terms and Conditions, you should therefore periodically visit this page.
• These Terms and Conditions supersede any other agreement between you and KT to the extent necessary to resolve any inconsistency or ambiguity between them. These Terms and Conditions shall be governed in all respects by the laws of South Africa without giving effect to its rules relating to conflicts of laws.
• Your use of the Site is at your own risk. KT makes no warranties or representations as to its accuracy and specifically disclaims any liability or responsibility for any errors or omissions in the content of the Site. KT nor any other party involved in the creating, producing or delivering the Site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, or inability to use or access, the Site. Without limiting the foregoing, the Site and material displayed on or that can be downloaded from the Site is provided to you "AS IS", AND KT DISCLAIMS ANY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. The foregoing exclusions of implied warranties do not apply to the extent prohibited by law.
• Any other Trademarks used in the Site are Trademarks of their respective owners. Nothing contained on the Site grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademarks displayed on the Site without the written permission of KT or such third party owner. Any unauthorized use of the Site, materials displayed on or that can be downloaded from the Site, or any Trademarks displayed on the Site may violate copyright laws, trademark laws, the laws of privacy or publicity, and other laws and regulations and civil and criminal statutes.
• KT does not assume any responsibility, and shall not be liable for, any damages to, or viruses that may infect your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing the Site or your downloading of any materials from the Site.
• All international, APO and FPO customs forms will be filled out as merchandise only. International, APO and FPO customers are responsible for all duties and taxes associated with the sale and importation of any order to the respective country. KT is not responsible for any order held by customs for any reason. KT will not refund or accept an International, APO or FPO order returned as a result of rules or regulation imposed by the respective country.
• All credit card orders require address verification. KT will not ship to an address other than the billing address of the credit card used for payment unless the shipping address is on file with the credit card company. Only addresses on file with your credit card company are considered valid shipping addresses. It is the customer's responsibility to contact his/her credit card agency and have a new address added to an account.
• Should orders be cancelled by customers for any reason whatsoever, KT reserves the right to apply a cancellation charge which covers any costs incurred during the processing and partial or complete fulfillment of the order up to a value of 100% of the original order depending on the circumstances. Purchase orders that have been placed and payed for in advance are binding and if cancelled may be credited to the customers account at our discretion ( dependent on the hardware that was ordered ) , and not refunded , unless cancelled within 4 working days from order placement
Privacy Policy
KT will not give or sell any information regarding a customer's account to another party. KT does collect customer information for account registration and purchasing . Credit card information is always collected on a secure page. Customer privacy is always our utmost priority.
Payment Option Policies
KT will accept orders via the website, phone, email and physical mail. KT only accepts direct payments into our account via electronic fund transfer (EFT). KT do not accept any cheques only accepts direct payments into our account via electronic fund transfer (EFT). Some items may list an estimated shipping time upon payment clearance. This is only an estimate. The actual shipping time may vary from the estimate. The time frame for shipping is also governed by the clearance time for the form of payment used. Orders made by credit card 'usually' ship the following business day. KT will not tolerate credit card fraud or fraud associated with the payment of a mail order. Criminal charges will be filed with local authorities and the guilty party will be prosecuted.
Shipping and Tracking Policies
KT ships with various shipping companies. During checkout please fill in all required fields and verify that your address is correct. We will only ship on business days (Monday - Friday). All shipping charges may vary from published rates due to handling charges incorporated into the shipping cost. Items ship only after payment clears. ALL goods are EX- works unless otherwise indicated in writing. Return Policies
1. All merchandises are subject to direct manufacturer's service and warranty, which is included in the packaging. KT will only exchange for defective products at our discretion.
2. All goods returned for credit are subject to a 25% re-stocking fee. No returns on any broken seals or opened boxes.
3. International goods ordered or purchased will not be refunded and will also have a 35% cancellation fee.
4. On all returns and exchanges, the merchandise and all original packaging material must be in new condition and must include all accessories supplied with product by manufacturer. If the returned merchandise does not meet the above requirements we reserve the right to refuse the return or to charge 25% restocking fee to cover losses. It must also be returned for store credit on other purchases in our web store within the 7 (seven) days of delivery. Also a Return Authorization number must be given to the customer by our staff in accordance with this policy. The Customer is responsible for all shipping related charges. All merchandise that is shipped back to the customer will be sent by UPS ground unless the customer pays for the additional cost for faster delivery service.
Repair Policies
- All goods will be sent back to the manufacturer for repair the customer may select to repair locally with writen permission from the cuatomer.
- The customer will be charged a shipping and export fee for the transport of the goods to the manufacturer.
- Once the goods have been assessed, there is a asssesment cost , a repair cost will be generated by the manufacturer which will be indicated to the customer. The customer can then decide whether it is more cost effective to repair the goods or whether to purchase new stock or to just pay the assesment cost and collect the goods.
- Unrepaired goods will either be destroyed or can be collected by the customer following the payment for return shipping charges , or the payment of assessment cost.
- Any goods handed in for repair may be sold to defray the cost of such repairs if the goods remain uncollected within 30 days of the repairs being completed. The same applies to goods that have not been collected within 30 days of the customer electing not to have the item sent for repair.
Manufacturer's Warranty
All items on our web are covered under the manufacturer's warranty, against defects in material and workmanship. Customer will have to contact manufacturers directly for such service. If applicable, KT will repair or replace defective merchandise at our discretion. Customer is responsible for related shipping charges. The warranty does not cover defects due to incorrect installation of the product. We do not accept any liability for damage resulting from unsuitable or incorrect usage, incorrect installation or operation by customer or third parties, natural wear and tear, incorrect or negligent handling.
PROJECT and additional Terms and Conditions
1. General:
For all legal transactions with the company KT the following conditions shall be solely authoritative, unless alternative agreements are to be made in writing with the customer. Orders as well as Verbal agreements shall only be acknowledged by KT if confirmed in writing. Alternative conditions concerning the customer shall only be effective if it is acknowledged in writing by KT . If individual agreements were made with the customer deviating from these conditions, the validity of the terms of business not concerned in these agreements shall not be affected. If guidelines with regards to processes and safety, standards and conditions exist for the business area relating to the customer, the customer shall be required to communicate these guidelines with KT even if KT does not openly request the customer to do so. In case of violation of this requirement of communication the customer shall be responsible for all disadvantages accruing there from concerning KT . Should individual provisions of the terms of business be or become invalid, they shall be substituted on the basis of these terms and conditions and legal stipulations by provisions which correspond to the purpose of the contract. The validity of the other provisions shall thus not be affected. Notices in writing shall be regarded as received by the customer if according to the fixed course of mail the notice was sent to the last known address of the customer. This shall also be applicable if the envelope was processed as undeliverable. The receipt shall be deemed effected if a print or a signed copy of the document sent is in possession of KT which shows the dispatch. The rights of the customer resulting from the legal transaction concluded with KT shall be non-assignable. A cancellation, modification or supplement of the agreement with the customer in addition to renouncing this formal requirement shall require the written form and signature by both parties to the contract. Purchase orders that have been placed and payed for in advance are binding and if cancelled may be credited to the customers account at our discretion ( dependent on the hardware that was ordered ) , and not refunded , unless cancelled within 4 working days from order placement and or payment.
2. Offer:
Photos and data in business documents, catalogues, brochures etc. only contain approximate values. These shall be binding only if it is agreed clearly in writing with KT . KT shall be entitled to modify models, designs or their equipment. In case an order is not placed with KT all documents of offer, including drawings and sketches will remain the intellectual property of Klare Tech. All Intellectual property shall be returned immediately without the customer being permitted to make copies or transcripts of these documents. The customer will be liable for any damages incurred due to the breach of this clause. Subsequent requirements not contained in the original offer (basic offer) prepared for the customer shall call for a new offer to be made by KT . Only if this offer is accepted shall KT be required to carry out the additional requirement. This shall also be applicable in case of subsequent modifications of the original offer. KT shall reserve the right in any case to make a new offer for the entire work including the original offer.
3. Prices:
The prices of KT shall be valid as from the primary office of the company. The prices do not include costs for dispatch, packaging and transportation insurance. All prices indicated in the business documents of KT are net prices and excludes value added tax. In the case of hardware and standard software prices the validity of the prices shall be applicable on the respective day of delivery. In case of development software KT shall be entitled with projects of major duration to adjust the prices for services to the hourly rates as applicable by KT . In case of hardware the payment has to be affected exclusively upon alternatively prior to delivery.
4. Payment:
Invoices sent by KT shall be payable upfront and prior to order and delivery. For payments received late default interest at a rate of at least the C.P.I index plus 4% according to the Standard bank of South Africa shall be charged subject to further claims. Delays in payment or founded doubts with a view to the credit worthiness of the customer shall entitle KT to resign from obligations of delivery. If the delivery cannot be carried out for reasons which the customer is responsible, the payment period shall not be prolonged. The payment term in this case shall start with the notification of the readiness for delivery by KT . If the customer does not pay the invoice or a variety of invoices in time, the loss of the due date with regards to the entire payable claim of KT occurs in such a way that the entire unsettled claim shall become immediately payable, irrespective of which payment terms were granted with regards to individual partial sums by agreement or by acceptance of bills of exchange. The withholding of payments due to damages, claims or set-off with counterclaims of the customer due to and/or counterclaims not clearly accepted by KT shall be excluded. If the customer has difficulties in payment (loss of value, decrease of property, means of payment without coverage, protest of bill of exchange or cheque carried out, seizure, insolvency proceeding, bankruptcy etc.) the entire amount of the invoice from the subject delivery plus any other pending claims shall be due for immediate payment without notice. In such cases KT shall be entitled at any time to take back the goods delivered at the expense of the customer and to utilise them in the best possible way without releasing the customer in such a way from the responsibility to fulfil the agreement or without the customer being able to claim damages due to non-compliance. Prior to the delivery carried out, KT shall be entitled to terminate the contract, if the customer's solvency appears to be reasonably doubtful. The same holds true if KT receives negative information from a reliable party on the credit worthiness of the customer. Purchase orders that have been placed and payed for in advance are binding and if cancelled may be credited to the customers account at our discretion ( dependent on the hardware that was ordered ) , and not refunded , unless cancelled within 4 working days from order placement and or payment. In case of new customers KT shall reserve dispatch by cash on delivery. Furthermore, in case of delay except for the collection charges accruing in our company, the customer shall pay all costs, expenditures, cash expenses and in particular the lawyer's costs accruing due to the delay of payment in accordance with the tariff as between Attorney and their own client. The Tariff will be determined by the mandate signed with KT Attorney of record. Irrespective of any declarations of dedication with different wording, KT shall be entitled in case of a title of execution or during an execution procedure to use incoming amounts of money at their own discretion to cover lawyer's expenses etc. and only finally for interest and principal amounts. The agreed payment terms are valid as long as the economical circumstances of the customer do not change. In case the rating of the credit insurance company of KT gets worse the payment terms have to be renegotiated.
5. Reservation of Title:
The goods delivered shall remain the property of KT until complete payment is made of the purchase price (work remuneration), including all ancillary costs and/or until the redemption of any bills of exchange or cheques given for payment. The acceptance of cheques or bills of exchange shall therefore not affect the reservation of a title agreed. The reservation of title with a view to the subject goods shall be applicable as well as for claims from other deliveries and thus shall remain until all claims to which KT is entitled with regard to the customer is paid entirely, irrespective from which delivery they are derived. The customer shall be entitled to sell the goods within the framework of regular business operation. Each seizure or mortgage of these goods in favour of third parties is excluded without the consent of KT . The seizure of the goods must be notified to KT immediately. In case of sale the following supplement shall be applicable: The goods delivered shall remain the property of KT until the full payment of all claims is made to KT in relation to the customer. The authorization to sell the goods during regular business operation shall be cancelled upon the suspension of payment of the customer and/or the application to open a bankruptcy or settlement procedure on the property of the customer. In such a case, the customer shall be entitled to hand over the goods under reservation upon first request of KT . The revocation or request for handing over the goods under reservation by KT shall not mean a termination of the contract. The customer thus assigns their claims from a resale of the goods under reservation to KT . KT shall not collect the claim assigned as long as the customer is in compliance with their responsibility of payments. However, the customer shall be required to notify third-party debtors to KT upon request and to notify to them of the assignment. The customer shall also be required to record the assignment in their books. The customer shall be entitled to collect the claims concerning third-party debtors as long as the former is in compliance with the payments and no instruction to the contrary was given to the former by KT . A seizure or mortgage of the goods under reservation or the claims assigned shall not be admissible. The reservation of property shall also exist if individual claims are included in a current invoice and the balance is drawn and recognized, unless the balance is equilibrated. The customer shall notify KT immediately of the suspension of payment and at the same time send a list of all goods under reservation of title and a list of claims to third parties of the resale of the goods under reservation.
6. Delivery time:
The delivery time indicated shall not be binding. If delivery has been agreed to be binding KT shall only be delayed if the customer has set a period of grace in writing of a minimum of ±54 weeks. The customer shall be entitled to a right of termination in case of delay in delivery only if KT cannot give a binding promise of delivery within the period of grace. Claims against KT for delays in delivery cannot be derived against KT . Force majeure of any kind, attributable to acts, events, non-happenings, omissions, accidents or acts of God beyond the reasonable control of such party (including, but not limited to, acts of state, strikes, lock-outs, shortage of labour, civil commotion, riots, war, threat of or preparation for war, breaking off of diplomatic relations, fire, explosion, sabotage, storm, flood, earthquake, fog, subsidence, pestilence or epidemic, machinery breakdown, failure of plant or collapse of structure, voluntary or mandatory compliance with any direction, request or order of any person having or appearing to have authority, inability to obtain suitable raw material, equipment, components or transportation as a result of vis major, uncontrollable and/or not reasonably foreseeable developments relating to Year 2000 conformity or any other cause or contingency beyond the control of that party, unforeseen difficulties, also those caused by the specific manufacturing process, delivery delays of the sub-suppliers, operational restriction, authority measures and other unforeseen obstacles during manufacturing or delivery, at KT or the resuppliers, shall entitle KT to exceed the delivery times or withdraw the contract entirely or in part without the customer having a claim to redelivery or damages. KT shall reserve the right to make partial deliveries. In case of delay in acceptance of the customer, KT shall have the right to withdraw the contract or request damages after setting a period of grace of a maximum of 30 days. If prerequisites to be complied by the customer for the delivery are not established as required by the contract, any delivery terms shall not elapse and any agreements on conventional or other contractual fines shall be null and void. If, during the implementation of a project, delays result for which KT is not responsible, KT shall be informed immediately of them by the customer. In such a case, delivery times shall be agreed again; delivery terms agreed up until then shall be null and void. If an installation cannot be terminated within a foreseeable period of time due to process, mechanical, electrical or other reasons for which KT is not responsible, KT shall be entitled to request the full fund of the expenses carried out until then according to the agreement with the customer. Furthermore, KT shall in such a case be entitled to declare the rescission of the contract if the problems occurred cannot be solved within an adequate period of time.
This year , industries around the world continue to face unprecedented supply chain disruptions in the wake of the global pandemic. As previously communicated, ongoing material shortages are also substantially impacting all of us , lead times and procurement costs.
7. Passing of Risk and Acceptance:
The risk shall pass to the customer the moment in time the dispatch leaves the KT location or one of KT distribution centres. If the dispatch or the delivery is delayed upon request of the customer, KT shall be entitled to charge the customer, starting one month after the readiness for delivery was notified a warehouse fee amounting to 5% of the invoice for each month started. Further claims by KT shall not be affected by this. Once the consignment ready for operation has left the company of KT and if a delivery with freight was agreed to be paid the risk during delivery or installation shall pass to the customer. Packaging shall be carried out with utmost care. Dispatch shall be at the discretion of KT . The consignment shall be insured by KT against breakage, transport and fire damage at the expense of the customer. The goods shall be checked immediately for transport damage. If the goods arriving at the customer have been damaged during the transport, the customer shall record this damage on the proof of delivery and inform KT within 5 work days. The time for notifying hidden transport damage shall also be applicable within 5 days. The installation and the trial operation of the goods delivered by KT are subject to a provision to be stipulated separately. In this case item 7 par. 3 shall be applicable for the passing of risk. If the dispatch or the delivery is delayed upon request by the customer, the risk for the time of delay shall be passed to the customer in both cases as from the day of the readiness for delivery, however KT shall be required to arrange for insurance on the customer's request and at their expenses.
8. Installation and Start-up:
Upon request of the customer, KT shall carry out the installation and start-up of the devices and equipment supplied by KT contrary to refund of the travel and subsistence expenses as well as the expenses for working times. Travelling and waiting times shall be calculated as working time. The permits required by authorities for installations and the operation of plants shall be provided by the customer. During all work, experts of the customer shall be present for surveillance.
9. Software Training:
Unless expressed and agreed in writing in the contract, KT shall not be obliged to instruct or train the purchaser (ordering party) in the use of the software. If the purchaser (ordering party) requests instruction and training for the software delivered, the costs derived there from shall be borne separately by the ordering party. The training or instruction shall be carried out in the company facilities of KT .
10. Warranty:
The customer needs to take note that it is not possible to create software with the intention that it works without defects in all applications and combinations. As a result, the subject of the contract only includes software which most of the time is usable according to the program description and the instructions for use. Therefore KT shall not be liable for the absence of defects of the software. KT presumes that the customer acts in accordance with the respective safety provisions at the plant; that cabling was tested and is completely operative; that the plant is mechanically and electrically prepared, tested and operative; and that only qualified personnel is used for all work at the plant by the customer. The customer shall make arrangements to ensure that regular times are available during which KT is able to work at the plant. The customer shall also ensure that KT is able to carry out work at the plant outside the regular operating times of the customer, if this is required for the progress of the project. Unless clearly agreed, KT is not the general contractor for an overall project and hence shall not be liable for the functioning of the overall project (work) and/or for the overall coordination, especially for procedural techniques, cablings and mechanical or electrical processes. KT shall take over liability of the electronic control part to be provided by them only if it is the same or similar technology and fully operative according to par. 1 of this item of the agreement. The place of the fulfillment of the warranty shall always be the place of business of KT and/or a company location of KT . Expenses and travelling costs in connection with the fulfillment of warranty claims shall therefore be borne by the customer. Within 12 months after the day of delivery and/or acceptance and/or passing of risk, KT shall provide warranty for the lack of properties promised and/or detectable and hidden defects in such a way that according to the discretion of KT , the goods shall be improved subsequently, or defect-free goods shall be subsequently supplied free of charge. Any claims of the customer exceeding such measures for any legal reason whatsoever, particularly for conversion or reduction, shall be excluded. If defects concerning manufacturing or material parts which are not produced within KT own production, the warranty of KT is limited to claims to which KT is entitled due to the relevant agreement with the respective producer or supplier. Other claims of the customer in such cases shall be excluded. The goods shall be examined immediately after delivery. The customer shall communicate defects within 30 days as from the receipt of the goods, indicating the details in writing otherwise the claim for warranty shall be lost. A complaint with regards to hidden defects shall be filed immediately after their discovery. If the complaint regarding defects is not filed or not filed in time, the goods shall be deemed approved. The assertion of warranty or damage claims as well as the right to evasion on the ground of error due to defects shall be excluded in such cases. The customer shall always prove that the defect existed during the time of hand-over. KT shall be required to make subsequent improvement or redelivery within the warranty stipulated only if the customer has fulfilled their own contractual responsibility. Damage claims of the customer shall expire in all cases if the customer has carried out manipulations in the hardware without previously consulting or having written permission by KT . This shall also be applicable if the customer has changed, treated or processed the goods inadequately. Warranty is not provided for used goods. Therefore this provision is also applicable for software. It is not always possible to unconditionally back up the software of the control system because software sources are not always located on the machine controller. KlareTech does not guarantee that backed up software will work on new controllers.
11. Return of Goods:
Goods delivered regularly by KT shall generally not be taken back. If a return is agreed upon against provision of a credit, a return slip with the following data is to be attached to the consignment: article number, designation of article, invoice number and invoice date at which the delivery was carried out originally. The costs for the return of consignments have to be borne by the customer including all transport and shipping costs. The return shall not entitle the customer to reclaim the invoice amount. Instead the customer shall wait for KT to credit their account. In case of a return according to the contract, KT shall calculate a processing rate based on 15% of the goods value for checking the goods returned. A return of the goods possibly agreed upon shall always be carried out under the condition that the goods are undamaged and without defects. Any necessary repair work shall be taken on by the customer.
12. Product liability and damages:
The liability for material damage suffered by a manufacturer from a product error shall be excluded for all parties participating in the production and distribution of the contractual product. When passing on this product, the customer shall be required to transfer this exclusion from liability. If they fail to do so, they shall be liable for all disadvantages accruing there from with regard to KT . Claims for damages of any kind (damage of non-fulfilment, damage of delay, damage of consequential defects, damage due to contractual liability and liability in tort) as well as recourse claims of any kind shall be excluded unless the circumstances causing the damage were caused by intention or gross negligence on the part of KT . Excluded from the product liability are claims for damages or consequential damages for delivered goods which have been used as a part of /as fitting of/as equipment of aircrafts. This also applies respectively if KT is the only professional, particularly if on the part of the customer not all measures were taken to exclude cases of damage. If the plant has already been accepted, the customer shall prove, in the case of subsequent occurrence of defects that these defects had already existed during delivery. This provision of the responsibility of proof shall also be applicable accordingly with possible warranty claims of the customer.
13. Copyright and Protection of Secrets:
As far as KT have developed hardware or software at the order of the customer, KT shall be entitled to also disclose this hardware and software to other persons if the customer has accepted the expense for development. In lack of an agreement to the contrary, software shall be granted only in the form of a license. KT shall reserve all rights, especially the copyright in the hardware and software developed by them. The offer drafted by KT as well as all documents in connection with this offer (drawings, sketches etc.) shall remain the property of KT and shall be treated in confidence by the customer as a business secret of KT . Hand-over to third parties is not allowed. In case of violation, the customer shall pay a conventional fine of 10 % of the order sum and all damages incurred by KT.
Website Desclaimer
General terms and conditions for www.Klaretech.com web site: Klare Technologies (Pty) Ltd and KlareTech
The products and services (collectively, the "Products and Services") offered by Klare Technologies(Pty) Ltd through its web site are made available subject to the following Terms and Conditions. By using this web site, you agree to be bound by, and to comply with, these Terms and Conditions and any further Terms & Conditions that Klare Technologies (Pty) Ltd may prescribe from time to time.
Copyright
All content included on this web site, such as text, graphics, logos, button icons, images, databases and software, is the property of Klare Technologies (Pty) Ltd or its content sponsors and are protected by South African copyright laws. The compilation of all content on this web site is the exclusive property of Klare Technologies (Pty) Ltd and its sponsors and protected by South Africa and international copyright laws. Without derogating from the above, Klare Technologies (Pty) Ltd authorizes you to view, copy, download to a local drive, print and distribute the content of this web site, or parts thereof, provided that: 1. Such content is used for information purposes; 2. Such content is used for non-commercial purposes. You are expressly prohibited from incorporating any of the material from this web site in any other work, publication or web site of your own or belonging to another.
Liability disclaimer
The information, content, services and materials published on this web site, including without limitation, text, graphics and links are provided on an "as is" basis. Klare Technologies (Pty) Ltd makes no representations or warranties of any kind, express or implied, as to the operation of this web site or the accuracy, correctness or completeness of the information, contents, materials, or products included on this site. Without limiting the generality of the aforegoing: 1. Klare Technologies(Pty) Ltd does not warrant that this web site, will be error free, or will meet any particular criteria of accuracy, completeness or reliability of information, performance or quality; and 2. Whilst Klare Technologies (Pty) Ltd has taken reasonable measures to ensure the integrity of this web site and its contents, no warranty, whether express or implied, is given that any files, downloads or applications available via this web site are free of viruses, Trojans, bombs, time-locks or any other date or code which has the ability to corrupt or affect the operation of your system.
Liability limitation
In no event shall Klare Technologies (Pty) Ltd and its sponsors be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the use of this web site. Such limitation shall also apply with respect to damages resulting from the inability to use this web site, the operational failure of this web site, or for any information, data, products, and services obtained through this web site, or otherwise arising out of the use of this web site, whether based on contract, delict, strict liability or otherwise, even if Klare Technologies (Pty) Ltd and/or any of its sponsors has been advised of the possibility of damages.
Information
Although reasonable step have been taken to ensure the accuracy and completeness of the contents, data and information on this site, there may be instances where such information proves inaccurate or incomplete. Before placing any reliance on the data and information provided on this site please consult the sponsors directly or approach your own professional advisors. You should take all reasonable steps to ensure and verify the accuracy of the contents, data and information obtained from this site. Without limiting the generality of the aforegoing: 1. This web site could include technical, typographical or other inaccuracies and you are urged to contact your own professional advisors to confirm all information contained on this web site prior to placing reliance thereon. Changes are periodically made to the information herein and these changes will be incorporated in new editions of this web site.
Applicable law
These terms and conditions shall be governed by and construed in accordance with the laws of the Republic of South Africa without giving effect to the principles of conflicts of laws. You hereby consent to the exclusive jurisdiction of the High Court of the Republic of South Africa (Port Elizabeth) in respect of any disputes arising in connection with this web site. Privacy Policy Klare Technologies (Pty) Ltd is dedicated to maintain the privacy of its online visitors and users. On this site, Klare Technologies (Pty) Ltd does not collect personally identifiable information from individuals unless they provide it to us voluntarily and knowingly. Any information collected is used solely by Klare Technologies (Pty) Ltd and its business partners who are involved in the operation of this site for internal purposes. The Klare Technologies(Pty) Ltd client lists are never sold to third parties, and we will not share personally identifiable information with third parties unless the person who has submitted the information has authorized us to do so, or if we are required to by law.
Violation and Waiver
Should you violate these Terms and Conditions or any other rights of Klare Technologies(Pty) Ltd we reserve the right to pursue any and all legal and equitable remedies against you as the user. If a court should find that one or more rights or provisions set forth in these Terms and Conditions are invalid, you agree that the remainder of the Terms and Conditions shall be enforceable and that, to the extent permitted by law, the court shall give effect to the parties' intentions, as reflected in any such right or provision that has been declared invalid or unenforceable
It is not always possible to unconditionally back up the software of the control system because software sources are not oalways only on the machine controller. KlareTech does not guarantee that backed up software will work on new controllers.