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Terms and Conditions

Terms and Conditions

Welcome to Rovumo Holdings (PTY) Ltd.

These terms and conditions outline the rules and regulations for the use of Rovumo Holdings (PTY) Ltd’s Website, located at https://www.rovumo.com.

By accessing this website we assume you accept these terms and conditions. Do not continue to use Rovumo Holdings if you do not agree to take all of the terms and conditions stated on this page.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: “Client”, “You” and “Your” refers to you, the person log on this website and compliant to the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of za. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Cookies

We employ the use of cookies. By accessing Rovumo Holdings, you agreed to use cookies in agreement with the Rovumo Holdings (PTY) Ltd’s Privacy Policy.

Most interactive websites use cookies to let us retrieve the user’s details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.

License

Unless otherwise stated, Rovumo Holdings (PTY) Ltd and/or its licensors own the intellectual property rights for all material on Rovumo Services. All intellectual property rights are reserved. You may access this from Rovumo Services for your own personal use subjected to restrictions set in these terms and conditions.

You must not:

  • Republish material from Rovumo Holdings (PTY) Ltd
  • Sell, rent or sub-license material from Rovumo Holdings (PTY) Ltd
  • Reproduce, duplicate or copy material from Rovumo Holdings (PTY) Ltd
  • Redistribute content from Rovumo Holdings (PTY) Ltd

This Agreement shall begin on the date hereof.

Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. Rovumo Holdings (PTY) Ltd does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of Rovumo Holdings (PTY) Ltd, its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, Rovumo Holdings (PTY) Ltd shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.

Rovumo Holdings (PTY) Ltd reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.

You warrant and represent that:

  • You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
  • The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
  • The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
  • The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

You hereby grant Rovumo Holdings (PTY) Ltd Ltd a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.

Hyperlinking to our Content

The following organizations may link to our Website without prior written approval:

  • Government agencies;
  • Search engines;
  • News organizations;
  • Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
  • System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.

These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.

We may consider and approve other link requests from the following types of organizations:

  • commonly-known consumer and/or business information sources;
  • dot.com community sites;
  • associations or other groups representing charities;
  • online directory distributors;
  • internet portals;
  • accounting, law and consulting firms; and
  • educational institutions and trade associations.

We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Rovumo Holdings (PTY) Ltd; and (d) the link is in the context of general resource information.

These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.

If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to Rovumo Holdings (PTY) Ltd. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.

Approved organizations may hyperlink to our Website as follows:

  • By use of our corporate name; or
  • By use of the uniform resource locator being linked to; or
  • By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.

No use of Rovumo Holdings (PTY) Ltd’s logo or other artwork will be allowed for linking absent a trademark license agreement.

iFrames

Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.

Content Liability

We shall not be hold responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

Reservation of Rights

We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amen these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.

Removal of links from our website

If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.

We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.

Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:

  • limit or exclude our or your liability for death or personal injury;
  • limit or exclude our or your liability for fraud or fraudulent misrepresentation;
  • limit any of our or your liabilities in any way that is not permitted under applicable law; or
  • exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.

As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

Terms of Service – Equipment Sales, Maintenance and Repair

Rovumo Services (Pty) Ltd. sells Clinical and Analytical Laboratory Equipment.

Rovumo Services (Pty) Ltd. sells spares and consumables related to Clinical and Analytical Laboratory Equipment.

Rovumo Services (Pty) Ltd. sells manufactured items associated with the Clinical and Analytical Laboratory field, such as Stainless steel pans, stands, rods, drum units, guards, rails, benches, cabinets, rifflers, stainless steel channeling, buckets, hand tools, filters, gauze, glassware, tubing and other items.

These Terms of Service cover all items sold by Rovumo Services (Pty) Ltd.

Where items are sold, they are done so in accordance with the guiding laws of the countries the buyer operates in, being South Africa, Ghana, Mozambique, Tanzania, Malawi, Swaziland, Egypt, Zimbabwe, Zambia, Angola and Botswana as of 07/2023.

Item sales are inclusive of Value added Tax in South Africa and where tax exemption is offered, any and all exports are handled in accordance with the South African Revenue Systems (SARS) guidelines.

Where Import taxation is concerned, it is and remains the duty of the Buyer to cover such costs incurred for imports. Rovumo Services (Pty) Ltd. does not accept any liability for items held at ports of entry due to Customs and excise issues.

Where Services are performed, they are performed in such a manner as to assess / address the underlying issue and take suitable action to repair / replace affected parts. No parts shall be provided without prior assessment and / or written consent from the Client.

In cases whereby emergency breakdowns occur, such breakdowns shall be addressed with Rovumo Services (Pty) Ltd. and provided at an “out of hours” fee, which is a variable fee, based on the time required, location in question, and the severity of the problem(s).

Where Services are performed, the kilometers travelled are claimed at governing AA rates, whatsoever it may be at the time. This will constitute the covering of travel costs. Where travelling is partaken, the hours travelled will be charged for to cover the cost of the Technician call-out.

Where Services are performed outside of the normative operations areas; referred to herein in South-Africa under the areas Gauteng and Mpumalanga, then suitable accommodations shall be provided by the Client for the Technician representing Rovumo Services (Pty) Ltd.

Where Services are performed outside of South Africa; referred to herein as the African continent, such costs shall be covered by the Client, prior to the Technician leaving our offices. Such costs include, but are not limited to: VISA costs, Airfare, Customs clearance on required parts/spares/tools/diagnostic instrumentation etc. and also Accommodation, Transportation and Meals as well as any medical prerequisite requirement and/or induction training requirement. We ask that our Clients ensure that they confirm all requirements prior to scheduling a Service outside of South Africa.

Rovumo Services (Pty) Ltd. reserves the right to deny service to any Client in lieu of pending issues, outstanding balances on payments, arrears accounts, equipment which does not fall under the care of Rovumo Services (Pty) Ltd.

Special requests may be made as long as they are made in writing to the Management of Rovumo Services (Pty) Ltd. and emailed to info@rovumo.com

A job card is compulsory and must be confirmed by the Client PRIOR to the service. This job card shall contain any and all vital health and safety information, a baseline risk assessment, the outlay and feed of electric circuits and installations to the facility, sewerage, water, pressurized systems, gas systems and feeds etc. as related to the specific equipment / instrument.

Additionally, the Technician shall be given room to work and coordinate effectively with on-site staff members who are authorized to take part in the service / maintenance / repair process. Such staff members shall be duly noted on the Job card and those staff who are not listed shall not be present during the nominated time of service.

The job card will be signed off by the Client once the service / repair has been completed and the instrument has been tested and stated as “commissioned and fit for use”.

Should the Technician be required to look at / assess or otherwise attempt repairs or diagnostics on other equipment / instrumentation; not related to the initial visit, then such approval shall first be obtained from Rovumo Services Management and in such cases, it remains the prerogative of Management to approve or disapprove such actions. Costing will be suitably adjusted in the event that approval is given to address additional / other issues whilst on-site. Such additional services shall be reflected on the original job card.

It is the responsibility of the Client to ensure that the work area and site is effective and suitable for the Technician to perform their duties. Where the Technician identifies a non-conformity, they are so inclined to issue a Stop-Work order and inform Rovumo Services Management thereof. Works will only resume once an All-Clear has been given from Rovumo Services Management.

All items are sold with a 12-month limited Manufacturer warranty. The warranty terms are provided with each unique piece of equipment / instrumentation. The Warranty seeks to first replace any damaged or malfunctioning part(s).

Additional warranty terms can be obtained by contacting our team at info@rovumo.com, stating “Warranty Enquiry”.

Rovumo Services (Pty) Ltd. accepts no loss or damage resulting from service visits and/or maintenance and repair events if the process is not followed correctly and the Job Card and associated terms are not met in any way or form. It is crucial that such controls are upheld during the entirety of the time which the Technician spends on-site. Where a damage / loss condition occurs, Rovumo Services shall endeavor to settle such through the warranty process and / or associated insurances. Should such a process be required then Rovumo Services shall be given 30 days to conclude initial investigation(s) and will respond to the Client in writing on the findings. Thereafter, the proceedings shall continue to next steps, whatsoever they may be.

Signed: Rovumo Management Team Members

Dated: 26/07/2023

Terms of Service – Minerals Services and Consulting

Rovumo Holdings (Pty) Ltd. provides Mineral Verification and Testing Services and Consulting Services

All services rendered form part of this Terms of Service statement.

Where services are rendered, Rovumo ensures that such services are rendered under planned, discussed and approved Contractual terms. Where such is the case that terms are not formalized contractually, those agreements shall default to this Terms of Service statement.

GENERAL

(a) Unless otherwise agreed in writing or except where they are at variance with (i) the regulations governing services performed on behalf of governments, government bodies or any other public entity or (ii) the mandatory provisions of local law, all offers or services and all resulting contractual relationship(s) between any of the affiliated companies of Rovumo Holdings (Pty) Ltd. or any of their agents (each a “Company”) and Client (the “Contractual Relationship(s)”) shall be governed by these general conditions of service (hereinafter the “General Conditions”).

(b) The Company may perform services for persons or entities (private, public or governmental) issuing instructions (hereinafter, the “Client”).

(c) Unless the Company receives prior written instructions to the contrary from Client, no other party is entitled to give instructions, particularly on the scope of the services or the delivery of reports or certificates resulting therefrom (the “Reports of Findings”). Client hereby irrevocably authorizes the Company to deliver Reports of Findings to a third party where so instructed by Client or, at its discretion, where it implicitly follows from circumstances, trade custom, usage or practice.

PROVISION OF SERVICES

(a) The Company will provide services using reasonable care and skill and in accordance with Client’s specific instructions as confirmed by the Company or, in the absence of such instructions: (1) the terms of any standard order form or standard specification sheet of the Company; and/or (2) any relevant trade custom, usage or practice; and/or (3) such methods as the Company shall consider appropriate on technical, operational and/or financial grounds.

(b) Information stated in Reports of Findings is derived from the results of inspection or testing procedures carried out in accordance with the instructions of Client, and/or our assessment of such results on the basis of any technical standards, trade custom or practice, or other circumstances which should in our professional opinion be taken into account.

(c) Reports of Findings issued further to the testing of samples contain the Company’s opinion on those samples only and do not express any opinion upon the lot from which the samples were drawn.

(d) Should Client request that the Company witness any third party intervention, Client agrees that the Company’s sole responsibility is to be present at the time of the third party’s intervention and to forward the results, or confirm the occurrence, of the intervention. Client agrees that the Company is not responsible for the condition or calibration of apparatus, instruments and measuring devices used, the analysis methods applied, the qualifications, actions or omissions of third party personnel or the analysis results.

(e) Reports of Findings issued by the Company will reflect the facts as recorded by it at the time of its intervention only and within the limits of the instructions received or, in the absence of such instructions, within the limits of the alternative parameters applied as provided for in clause 2(a). The Company is under no obligation to refer to, or report upon, any facts or circumstances which are outside the specific instructions received or alternative parameters applied.

(f) The Company may delegate the performance of all or part of the services to an agent or subcontractor and Client authorizes Company to disclose all information necessary for such performance to the agent or subcontractor.

(g) Should Company receive documents reflecting engagements contracted between Client and third parties or third party documents, such as copies of sale contracts, letters of credit, bills of lading, etc., they are considered to be for information only, and do not extend or restrict the scope of the services or the obligations accepted by the Company.

(h) Client acknowledges that the Company, by providing the services, neither takes the place of Client or any third party, nor releases them from any of their obligations, nor otherwise assumes, abridges, abrogates or undertakes to discharge any duty of Client to any third party or that of any third party to Client.

(i) All samples shall be retained for a maximum of 3 months or such other shorter time period as the nature of the sample permits and then returned to Client or otherwise disposed of at the Company’s discretion after which time Company shall cease to have any responsibility for such samples. Storage of samples for more than 3 months shall incur a storage charge payable by Client. Client will be billed a handling and freight fee if samples are returned. Special disposal charges will be billed to Client if incurred.

OBLIGATIONS OF CLIENT

The Client will:

(a) ensure that sufficient information, instructions and documents are given in due time (and, in any event not later than 48 hours prior to the desired intervention) to enable the required services to be performed;

(b) procure all necessary access for the Company’s representatives to the premises where the services are to be performed and take all necessary steps to eliminate or remedy any obstacles to, or interruptions in, the performance of the services;

(c) Supply, if required, any special equipment and personnel necessary for the performance of the services;

(d) ensure that all necessary measures are taken for safety and security of working conditions, sites and installations during the performance of services and will not rely, in this respect, on the Company’s advice whether required or not;

(e) inform Company in advance of any known hazards or dangers, actual or potential, associated with any order or samples or testing including, for example, presence or risk of radiation, toxic or noxious or explosive elements or materials, environmental pollution or poisons;

(f) Fully exercise all its rights and discharge all its liabilities under any relevant sales or other contract with a third party and at law.

FEES AND PAYMENT

(a) Fees not established between the Company and Client at the time the order is placed or a contract is negotiated shall be at the Company’s standard rates (which are subject to change) and all applicable taxes shall be payable by Client.

(b) Unless a shorter period is established in the invoice, Client will promptly pay not later than 30 days from the relevant invoice date or within such other period as may be established by the Company in the invoice (the “Due Date”) all fees due to the Company failing which interest will become due at a rate of 1.5% per month (or such other rate as may be established in the invoice) from the Due Date up to and including the date payment is actually received.

(c) Client shall not be entitled to retain or defer payment of any sums due to the Company on account of any dispute, counter claim or set off which it may allege against the Company.

(d) Company may elect to bring action for the collection of unpaid fees in any court having competent jurisdiction.

(e) Client shall pay all of the Company’s collection costs, including attorney’s fees and related costs.

(f) In the event any unforeseen problems or expenses arise in the course of carrying out the services the Company shall endeavor to inform Client and shall be entitled to charge additional fees to cover extra time and cost necessarily incurred to complete the services.

(g) If the Company is unable to perform all or part of the services for any cause whatsoever outside the Company’s control including failure by Client to comply with any of its obligations provided for in clause 3 above the Company shall nevertheless be entitled to payment of: (1) the amount of all non-refundable expenses incurred by the Company; and (2) a proportion of the agreed fee equal to the proportion of the services actually carried out.

SUSPENSION OR TERMINATION OF SERVICES

The Company shall be entitled to immediately and without liability either suspend or terminate provision of the services in the event of:

(a) failure by the Client to comply with any of its obligations hereunder and such failure is not remedied within 10 days that notice of such failure has been notified to Client; or

(b) any suspension of payment, arrangement with creditors, bankruptcy, insolvency, receivership or cessation of business by Client.

LIABILITY AND INDEMNIFICATION

(a) Limitation of Liability:

(1) The Company is neither an insurer nor a guarantor and disclaims all liability in such capacity. Clients seeking a guarantee against loss or damage should obtain appropriate insurance.

(2) Reports of Findings are issued on the basis of information, documents and/or samples provided by, or on behalf of, Client and solely for the benefit of Client who is responsible for acting as it sees fit on the basis of such Reports of Findings. Neither the Company nor any of its officers, employees, agents or subcontractors shall be liable to Client nor any third party for any actions taken or not taken on the basis of such Reports of Findings nor for any incorrect results arising from unclear, erroneous, incomplete, misleading or false information provided to the Company.

(3) The Company shall not be liable for any delayed, partial or total non-performance of the services arising directly or indirectly from any event outside the Company’s control including failure by Client to comply with any of its obligations hereunder.

(4) The liability of the Company in respect of any claim for loss, damage or expense of any nature and howsoever arising shall in no circumstances exceed a total aggregate sum equal to 100% the amount of the fee paid in respect of the specific service which gives rise to such claim or US$5,000 (or its equivalent in local currency), whichever is the lesser.

(5) Notwithstanding anything to the contrary, the Company shall have no liability for any indirect or consequential loss including without limitation loss of profits, penalties, damages for delays loss of business, loss of opportunity, loss of goodwill and cost of product recall. It shall further have no liability for any loss, damage or expenses arising from the claims of any third party (including, without limitation, product liability claims) that may be incurred by the Client.

(6) In the event of any claim, Client must give written notice to the Company within 30 days of discovery of the facts alleged to justify such claim and, in any case, the Company shall be discharged from all liability for all claims for loss, damage or expense unless suit is brought within one year from: (i) the date of performance by the Company of the service which gives rise to the claim; or (ii) the date when the service should have been completed in the event of any alleged nonperformance.

(b) Indemnification: Client shall guarantee, hold harmless and indemnify the Company and its officers, employees, agents or subcontractors against all claims (actual or threatened) by any third party for loss, damage or expense of whatsoever nature including all legal expenses and related costs and howsoever arising relating to the performance, purported performance or non-performance, of any services.

MISCELLANEOUS

(a) If any one or more provisions of these General Conditions are found to be illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

(b) During the course of providing the services and for a period of one year thereafter Client shall not directly or indirectly entice, encourage or make any offer to Company’s employees to leave their employment with the Company.

(c) Use of the Company’s corporate name or registered marks for advertising purposes is not permitted without the Company’s prior written authorisation.

GOVERNING LAW, JURISDICTION AND DISPUTE RESOLUTION

Unless specifically agreed otherwise, all disputes arising out or in connection with Contractual Relationship(s) hereunder shall be governed by the substantive laws of the Republic of South Africa exclusive of any rules with respect to conflicts of laws and be finally settled under the Rules of the Arbitration Foundation of South Africa by one or more arbitrators appointed in accordance with the said rules. The arbitration shall take place in Johannesburg (Sandton) and be conducted in the English language.

CONFIDENTIALITY

As used hereinafter, “Confidential Information” shall include the Client Information and any information oral or written that a party may acquire from the other party pursuant to the Contract provided, however, that Confidential Information shall not include any information which (1) is or hereafter becomes generally known to the public; (2) was available to the receiving party on a non-confidential basis prior to the time of its disclosure by the disclosing party; (3) is disclosed by an independent third party with a right to make such disclosure. Unless required by law, neither party shall disclose the other’s Confidential Information to any person or entity except as expressly provided for herein.