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Terms & Conditions of Sale

Company Information

This website is run by Clear Sky Industries cc based in Cape Town, South Africa with registration number: 2009/131373/23, represented by the authorised member Byron Levey.

Detailed Description of Good & Services

Clear Sky Industries cc T/A Clear Sky LEDs is an online distributor of LED lighting products to lighting resellers in various industries.

Shipping Policy

Subject to availability and receipt of payment, requests will be processed within one (1) working day and delivery confirmed by way of an email update. Ownership in all goods sold and delivered shall remain vested in Clear Sky LEDs until the full purchase price has been paid.

Any delivery note (copy or original) signed by the client and/or its authorised representative and/or its nominated agent and held by Clear Sky LEDs, shall be prima facie proof that delivery was made to the client. 

Clear Sky LEDs is entitled to engage a third party on its behalf to transport all goods purchased by the client to the delivery address stipulated by the client (see below). Short deliveries must not be accepted and all the goods must be given to the driver of the delivery vehicle for return to Clear Sky LEDs.

Pricing Policy

Clear Sky LEDs reserves the right to change the pricing of goods from time to time without prior notice to the client. Pricing must be confirmed via an official quotation prior to confirming an order.

Product Information

The product pictures and specifications may be updated from time to time and change without prior notice.

Order Cancellation

The provision of goods and services by Clear Sky LEDs is subject to availability. In cases of unavailability, Clear Sky LEDs will refund the client in full within 30 (thirty) days of the confirmation of order. 
Any cancellation of an order by the client must be conducted before the client’s order has been dispatched and will attract a 15% handling and restocking fee on the value of the order canceled for administration purposes unless returned under the company’s Manufacturer Warranty and Returns Policy.

Client Privacy Policy

Clear Sky LEDs shall take all reasonable and responsible steps to protect all personal information of its users and clients. For the purpose of this clause, "personal information" is defined as in the Promotion of Access to Information Act 2 of 2000 (PAIA). For more information about the PAIA, please visit  http://www.doj.gov.za/paia/paia.htm.

The client confirms that all information given is accurate and complete, and the client agrees to update any supplied information when necessary in order to ensure the accuracy of the above information failing which Clear Sky LEDs will not be liable for inaccuracies. 

Please refer to the company’s Privacy Policy for more information.

Legal Proceedings

These terms and conditions shall be governed and construed under and in accordance with the laws of the Republic of South Africa. Clear Sky LEDs shall, at its option and notwithstanding that the amount of its claim or the nature of the relief sought exceeds the jurisdiction of the Magistrate’s Court of Cape Town, be entitled to institute action out of such court. 

A certificate issued and signed by any member of Clear Sky LEDs, whose authority need not be proved, in respect of any indebtedness of the client to Clear Sky LEDs or in respect of any other fact, including but without limiting the generality of the a foregoing, the fact that such goods were sold and delivered, shall be prima facie proof of the client’s indebtedness to Clear Sky LEDs and prima facie proof of delivery of the goods in terms of this contract. 

Any document will be deemed duly received by the client within:

  • three (3) working days of pre-paid registered mail to any of the client’s business or postal addresses or the domicilium address of the client;
  • 24 (twenty-four) hours of being faxed to any of the client’s fax numbers on being delivered by hand to the client; or
  • 48 (forty-eight) hours if sent by overnight courier;
  • The client agrees that neither Clear Sky LEDs nor any of its employees will be liable for any negligent or innocent misrepresentations made to the client, nor shall the client be entitled to release from these terms and conditions on those grounds.

Arbitration

Clear Sky LEDs may refer any dispute arising from or in connection with this contract to arbitration which arbitration award shall be final and binding on the client and Clear Sky LEDs. The arbitrator will be a person agreed upon by the parties or failing agreement, appointed by the Arbitration Foundation of Southern Africa, who shall then finally resolve the dispute or issue in accordance with the Rules of the Arbitration Foundation of SA. The arbitration must be held at the place and in accordance with whatever procedures, the arbitrator considers appropriate.

Indemnity

The customer indemnifies and holds Clear Sky LEDs (including its employees, subcontractors or subsidiaries) harmless against all claims of whatsoever nature that may be brought or threatened against Clear Sky LEDs by any third party arising from or in connection with any defect, latent or otherwise in any goods supplied and/or services rendered by Clear Sky LEDs.

Country of Domicile

This website and all other online documentation and functionality is governed by the laws of South Africa and Clear Sky LEDs 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 the following address:  45 Midas Crescent, Oak Glen, Bellville, Cape Town, South Africa, 7530.

Variation

Clear Sky LEDs may, in its sole discretion, change this agreement or any part thereof at any time without notice.

Copyright

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of this site's owner or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of this site's owner and protected by U.S. and international copyright laws. All software used on this site is the property of this site's owner or its software suppliers and protected by United States and international copyright laws.

Disclaimer of Warranties and Limitation of Liability

THIS SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NO REPRESENTATIONS OR WARRANTIES OF ANY KIND ARE MADE, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THIS SITE'S OWNER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THIS SITE'S OWNER DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM THIS SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS SITE'S OWNER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Clear Sky LEDs Support Contact Details

Emergency Phone Support :  079 214 9353 / Email Support: accounts@clearskyleds.co.za

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