The Terms
A. Scope of a Reseller or (The Buyer)
The Reseller wishes to use, market, resell and support the Product to prospective End Users and the Company wishes to appoint the Reseller as a non – exclusive reseller of the Product.
Subject to the terms and conditions of this Agreement, the Company hereby appoints the Reseller as a non- exclusive independent reseller for the limited purpose of resale of the Product to prospective End Users and the Reseller accepts such appointment.
Goods The goods means the goods as indicated on any company forms, price lists, quotations, orders or invoices
B.These Website Portal Terms and Conditions (the “Portal Terms”), Freedomwon’ Standard Terms & Conditions of Sale for Goods and Services (the “Standard Terms”) and Freedomwon’ Confidentiality & Terms of Business (the “Business Terms”) including such other documents referred to therein together comprise all the Terms of the contract between you the buyer (the “Buyer”) and Freedomwon (the “Company”) for all orders for goods (the “Goods”) and/or services (the “Services”) placed by the Buyer, through this website.
Standard terms of buying to be defined
C. Should the Company have agreed and executed a specific set of terms and conditions (“Specific Terms”) with the Buyer, or have in place a framework/master agreement (“Framework Terms”) then it is these read with the Portal Terms and Business Terms that constitute the full terms of the contract between both parties for the Goods and/or Services.
D. Unless expressly otherwise agreed in writing by the Company, by placing an order through this portal the Buyer shall be deemed to accept the Portal Terms (including the Privacy Policy) the Standard/Specific/Framework Terms and the Business Terms, despite anything to the contrary stated in the Buyer’s order. The Buyer’s conditions of purchase (if any) shall not apply to this contract.
E. No variation of, or addition to, these terms shall take effect unless expressly agreed in writing by the parties.
F. If there are any inconsistencies, conflicts or differences between any provision of the Portal Terms, the Standard Terms/Specific Terms/Framework Terms, the Schedules or any Attachments, the following order of precedence shall apply:
  1. the Standard/Specific/Framework Terms
  2. the Portal Terms
  3. the Schedules
  4. the Attachments (unless expressly provided otherwise).
G. All other terms and conditions expressed or implied by statute or otherwise, are excluded to the fullest extent permitted by law.
H. Any samples, drawings, descriptive matter or advertising issued and any illustrations or descriptions of the Goods and/or
Services contained in the Company’s catalogues or brochures are issued or published for the sole purpose of giving an approximate idea of the Goods and/or Services described in them. They shall not form part of the Agreement or have any contractual force.
Quotation and Price
A. Any quotation provided by the Company shall not constitute an offer and will not be bound by the prices outlined in the quote. This quote will only become binding upon written
acceptance of an order by the Company and receipt of the deposit.
B. The quote is valid only for the 14 days in which it has been furnished. The quotation may therefore differ after it has expired.
C. The Company reserves the right to withdraw any discount and/or to revise any price quoted if there is a change in the cost of supplying the Goods and/or Services whether by reason of
exchange rate fluctuations, third party charges or otherwise.
D. The price of the Goods and/or Services, delivery of the same and the payment provision relating to such Goods and/or Services shall be as detailed in the Standard/ Specific/Framework Terms.
E. Unless otherwise specified, VAT and any other duties or taxes payable, and all costs and charges in relation to carriage, insurance or similar shall be payable in addition to the price.
Orders
Frame work for what constitutes an order: 70
% of the order value (Deposit) is paid upon placing the order and 30% balance is paid when the product is ready for dispatch and collection.
A. Any order placed relating to Goods and/or Services is detailed further in the terms and conditions unless agreed otherwise in writing between the parties. A copy of these terms and conditions will be provided.
B. All orders for Goods and/or Services shall be deemed to be an offer by the Buyer to purchase Goods and/or Services pursuant to the Portal Terms, the Standard/ Specific/Framework Terms and the Business Terms.
C. No order submitted by the Buyer shall be deemed to be accepted by the Company unless and until the Company confirms acceptance of the order in writing.
  1. Order are deemed to excepted only when the deposit (70%) has been received
  2. If the customer or reseller (Buyer) acting on the customers behalf fails to collect the goods before settling the 30% remaining account balance.
    Freedomwon shall have the right to suspend deliveries and repurpose the product ordered until payment for the 30% of the battery is paid
  3. Remedy for the default from a production perspective: The order will be credited back into the inventory management system then be place on a new schedule for production for a later delivery date than the specified date on the order and invoice.
A. The Company is entitled to refuse any order placed by the Buyer and will not be required to provide an explanation.
B. The Company reserves the right to cancel the Buyer’s order pursuant to those terms outlined in the full Agreement signed by the Buyer.
C. The Goods may differ slightly from the images shown.
D.The terms relating to acceptance and/or return of the Goods and/or Services shall be as detailed in the Standard/ Specific/ Framework Terms.
Intellectual Property
A. The copyright in the material contained in the Portal and any trademarks and brands
included in that material belongs to the Company and/or its licensors
The Portal
A. The Company will attempt to ensure that the information available on the Portal is, at all reasonable times, accurate. However, the Company will not be held liable for any errors or
omissions. The Company will use all reasonable endeavours to correct errors and omissions as quickly as practicable after becoming aware or being notified of the same.
B. All drawings, descriptive matter and specifications of the Goods and/or Services on the Portal are for the sole purpose of giving an approximate description of the Goods and/or Services.
C. The Company may also change, suspend or discontinue any aspect of the Portal, including the availability of any features, information, database or content or restrict access to parts or all of the Portal without notice or liability.
Portal controls and access
A. The Reseller specifically undertakes to ensure that the above – mentioned username and password are only disclosed to the Users and that the Reseller and the Users shall keep the
aforesaid username and password confidential.
The Reseller further undertakes to immediately notify the Company via e – mail (to be sent to Support@freedomwon.co.za) should the confidentiality of its username and/or password be  compromised, in which event the Company shall re-set the Reseller’s username and password and notify the Reseller of the new username and password.
B. The Reseller understands and accepts that it shall be held responsible and/or liable for all activities conducted by it and/or any End User in relation to its Account.
Reseller Responsibilities in the platform
C. Any use which is unlawful, defamatory, objectionable, offensive, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, amounts to unlawful unsolicited commercial communications, and/or infringes the rights of third parties.
D.Transmission of any data which may infringe on the intellectual property rights of third parties;
E. Transmission of any data which contains viruses, a Trojan horse, worms and/or other malicious programs
F. Engaging in any other activity that could subject the Company to criminal and/or civil liability
General
 
G. The Company may from time to time change, alter, adapt, add or remove portions of the Portal, Standard, Specific or Framework Terms but if it does the Company shall notify the Buyer of any  such changes in line with the stated notification practice.
H. If any provision of these Terms is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of this Agreement and
the remainder of the provision i n question will not be affected.
I. These Terms, the Standard/Specific/Framework Terms, and the Business Terms together with the Company’s current prices, delivery details, contact details and Privacy Policy, set out the whole of our Agreement relating to the supply of the Goods and/or Services to the Buyer by the Company. Nothing said by any sales person on the Company’s behalf should be understood as a variation of the same or as an authorised representation about the nature or quality of any Goods and/or Services offered for sale. Save for fraud or fraudulent misrepresentation, the Company shall have no liability for any such representation being untrue or misleading.
J. The headings in this Agreement are for convenience only and will not affect their interpretation.