Terms and Conditions

Terms and Conditions of Noordvyk Industries (Pty) Ltd

Last Updated: August 26, 2025

Welcome to Noordvyk Industries Pty Ltd (“Noordvyk”, “we”, “our”, or “us”). These Terms and Conditions (“Terms”) govern your use of our services and the purchase of products from Noordvyk. By engaging with us, you agree to be bound by these Terms.

1. Applicability of These Terms

• These Terms and Conditions govern all interactions between you and Noordvyk Industries (Pty) Ltd, including but not limited to:
• browsing or using our website and online platforms;
• purchasing products from us (whether directly, online, or via authorised channels); and
• engaging with our customer services.
• By accessing our website, creating an account, or purchasing products, you confirm that you have read, understood, and agree to be bound by these Terms.
• These Terms apply to both individual consumers and business customers. However, certain protections under the Consumer Protection Act, 2008 (CPA) apply only to individual consumers and small juristic persons (as defined in the CPA). Nothing in these Terms is intended to limit any rights that you may have under the CPA or any other applicable law.
• If you do not agree to these Terms, you must refrain from using our website or purchasing products from Noordvyk.

2. Definitions

• “Approved Partner” means a company officially authorized and recognized by the product manufacturer to sell or distribute specific products.
• “Business Day” means any day other than a Saturday, Sunday, or official public holiday in the Republic of South Africa.
• “Customer” or “you” refers to any individual or entity purchasing products or using services from Noordvyk.
• “Consumer Protection Act” or “CPA” means the Consumer Protection Act 68 of 2008, as amended, and any regulations issued under it.
• “Grey Goods” (also referred to as “Parallel Imports”) means Products that are lawfully imported into South Africa through channels other than the manufacturer’s or its authorised distributor’s official supply chain.
• “Products” refers to any goods, including automation products and spare parts, offered for sale by Noordvyk.
• “Terms” means these Terms and Conditions, as amended from time to time.
• “Website” means the Noordvyk online platforms and any related mobile applications or digital services.

3. Scope of Approval

• Your order constitutes an offer to purchase Products from Noordvyk. We may accept or reject any order in our discretion.
• No contract arises until we issue a written order confirmation or dispatch notice. Automated acknowledgements do not constitute acceptance.
• We may cancel an order (with a full refund) where there is a material error in price, availability, description, or where fraud or regulatory concerns are suspected.
• Noordvyk may correct obvious pricing or description errors at any time prior to dispatch.
• Delivery dates are estimates. We will use reasonable efforts to meet indicated timelines.
• Payment is due in full prior to dispatch unless credit terms are agreed in writing. Risk of non-payment remains with the Customer until funds clear.
• Risk in the Products passes to you on delivery to the delivery address or to your nominated carrier. Title passes only on receipt in full of the purchase price.
• You must inspect Products on delivery and notify us in writing of any visible damage, shortages or errors within 3 Business Days, failing which, Products will be deemed delivered in good order, without limiting your CPA remedies for latent defects.
• Noordvyk Industries (Pty) Ltd is an approved partner for the supply of certain spare parts only.
• Noordvyk is not an approved partner for all automation products and does not warrant or guarantee authorization to sell automation products unless explicitly stated.
• Unless expressly stated in writing, Noordvyk does not represent itself as an authorised partner for other categories of automation products. Authorisation status in respect of any specific product line will always be disclosed upon request.

4. Product Supply Disclaimer

• Noordvyk supplies automation products and spare parts in accordance with applicable South African law, including the CPA Nothing in these Terms limits or excludes any statutory rights that customers may have under the CPA.
• Noordvyk supplies automation products and spare parts in the condition received from its suppliers, without additional representations or warranties, except as required under the CPA or as expressly stated in writing by Noordvyk.
• Except as required by law or expressly stated in writing by Noordvyk, Products are supplied without additional manufacturer warranties or after-sales support, particularly where such Products fall outside the manufacturer’s authorised distribution programme.
• Noordvyk shall not be held liable for any claims, losses, damages, or legal actions arising from the purchase or use of non-approved products.
• It is the Customer’s responsibility to verify suitability and approval of any product prior to purchase.
• Noordvyk may offer certain Products as Parallel Imports. Where reasonably practicable, Noordvyk will indicate if a Product is a Grey Good and will state any known differences in manufacturer warranty or after-sales support. To the extent that we are unable, for operational reasons, to identify or label every Product as a Grey Good before purchase, customers are encouraged to contact Noordvyk prior to placing an order to confirm a Product’s status.
• Customers purchasing as consumers retain all rights conferred under the CPA, including the implied warranty of quality, regardless of whether a Product is an authorised product or a Grey Good.

5. No Warranty and Limitation of Liability

• Except as expressly provided in these Terms or as required under the CPA, Noordvyk makes no representations, guarantees, or warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
• Noordvyk’s liability to consumers is limited to the extent permitted by the CPA. In the case of defective Products, consumers are entitled to the remedies provided under the CPA, including repair, replacement, or refund, subject to the conditions set out in that Act.
• To the maximum extent permitted by law, Noordvyk shall not be liable for:

• any indirect, incidental, consequential, special, or punitive damages;
• any loss of profit, revenue, business, or anticipated savings; or
  • any claim arising from misuse, unauthorised modification, or improper installation of a Product.

• For business customers (juristic persons to whom the CPA does not apply), Noordvyk’s total liability for any claim arising out of or in connection with the supply of Products shall not exceed the total amount paid by the customer for the specific Product giving rise to the claim.

6. Indemnification

• To the maximum extent permitted by law, you agree to indemnify and hold harmless Noordvyk, its directors, employees, and agents from and against any loss, damage, liability, cost, or expense (including reasonable legal fees) arising from:
• your breach of these Terms;
• your misuse, unauthorised modification, or improper installation of any

   Product; or

• your infringement of any third-party rights in connection with your use of a Product.
• For business customers (juristic persons to whom the CPA does not apply), this indemnity shall apply in full. For consumers, this indemnity shall apply only to the extent that it does not limit or exclude any rights conferred under the CPA.

7. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa. Any disputes arising out of or relating to these Terms or your purchase shall be subject to the exclusive jurisdiction of the courts of South Africa. Noordvyk shall be entitled to institute proceedings in any court of competent jurisdiction, including the Magistrates’ Court, notwithstanding that the amount claimed may otherwise exceed its monetary jurisdiction.

8. Changes to Terms

Noordvyk reserves the right to update or modify these Terms at any time without prior notice. Your continued purchase or use of our products after such changes constitutes acceptance of the revised Terms.

9. Force Majeure

Noordvyk will not be liable for any delay or failure to perform due to events beyond its reasonable control, including acts of God, strikes, lock-outs, supplier failures, transport or power interruptions, epidemics, acts of government, or regulatory embargoes. Time for performance will be extended for the duration of the impediment, or the affected order may be cancelled without liability (with a refund where payment was received).

10. General

• If any provision of these Terms is held invalid or unenforceable, the remainder remains in full force.
• A failure or delay by Noordvyk to exercise any right does not constitute a waiver.
• Noordvyk may assign or transfer its rights and obligations under these Terms to an affiliate or successor without consent; you may not assign without our prior written consent.
• These Terms, together with the order confirmation, constitute the entire agreement for the supply of the relevant Products and supersede prior communications on that subject.
• Formal notices must be sent to the contact details published in these Terms and will be deemed received on the next Business Day after transmission (email) or on delivery (courier).

11. Contact

For any questions about these Terms, please contact:

Noordvyk Industries Pty Ltd

info@noordvyk.co.za
0105105000

By purchasing products from Noordvyk Industries Pty Ltd, you acknowledge that you have read, understood, and agreed to be bound by these Terms and Conditions.