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Terms and
Conditions
Terms and
conditions of TREK Card (Pty) Ltd for purchasing a TREC
card
Payment for a TREC card
purchase is due on presentation of invoice.
A TREC Card Purchase is only
confirmed once the payment has been received...
TREC
are Transport Emergency Cards
TREC
format and the allocation of phrases are in accordance
with the best information available at the time of issue
and within the constraints of the regulations under the
National Road Traffic Act (Act No 93 of 1996). TRECs do
not take the place of Material Safety Data Sheets (MSDS)
but to bring to the attention of the driver or occupant
of the vehicle, in simple and easily understandable
terms, the principal hazards of the goods being
transported and the main procedures required in the
event of an emergency. TRECs refer to classes and groups
of substances, preparations or goods and while TREK Card
(Pty) Ltd has made every effort to ensure that a TREC
accurately reflects the hazards and procedures
applicable to the goods transported under the allocated
United Nations Number, it is the responsibility of the
end user to ensure that the information in the TREC is
not in conflict with information contained in the MSDS
for that specific substance, preparation or goods being
transported. If such a conflict of information is
encountered, users are encouraged to bring it to the
attention of TREK Card (Pty) Ltd, before transport of
such goods is undertaken under cover of the relevant
TREC.
All
TREC Card prices quoted exclude VAT.
TREC
Cards Purchased through this web site are supplied by
TREK
Card (Pty) Ltd, 275 Johannesburg Road, La Rochelle,
2190.
The
Purchasers address is given in the TREC Card order
process.
Any legal
process to be served on a party may be served on him at
the addresses specified above and they choose these
addresses as domicilium citandi et executandi for all
purposes.
Any
notice or communications to be given to a party shall be
valid and effective only if it is given in writing.
Any
TREC Card Purchasers through this website agree to the
terms and conditions of TREK Card (Pty) Ltd.
Once
your TREC Card Purchase has been completed and accepted
it may not be cancelled and TREK Card (Pty) Ltd will not
refund any payments for any reason.
Your TREC Card can be printed from the Trec Printer
program, using the link on your invoice. A colour
printer is required to print TREC Cards.
If you do not have a colour printer, you may request
for Trek Card (Pty) Ltd to print the TREC Card on your
behalf (see products page) or you may buy the
pre-printed stationary from Trek Card (Pty) Ltd.
TREK
Card (Pty) Ltd hereby grants to the Purchaser a license
to print and use the Purchased TREC Cards.
Ownership
of the copyright, patent, design, trade mark, trade
name, trade secret and other proprietary rights in and
to the TREC Cards shall vest in TREK Card (Pty) Ltd or
its suppliers, whether or not these are given to the
Purchaser and whether or not they comprise deliverables
to be supplied by TREK Card (Pty) Ltd to the Purchaser
in the course of providing the TREC Cards.
All rights reserved. The
Purchaser shall not disclose or copy the Purchased TREC
Card or provide same to any other person or permit any
other person to use same. TREC cards supplied by TREK
Card (Pty) Ltd may not be reproduced, stored in a
retrieval system, or transmitted, in any form or by any
means, without the prior permission in writing of TREK
Card (Pty) Ltd. Enquiries concerning reproduction may be
sent to
kb@trec.co.za .
Neither party shall be
liable to the other under any circumstances for any
indirect or consequential or special or incidental loss
or damage of any nature, whether or not this was
contemplated by the parties.
Neither party shall have any
claim against the other arising from any failure or
delay in performance of either party's obligations under
the Agreement caused by circumstances or factors beyond
the reasonable control of either party.
The maximum aggregate amount
of liability of TREK Card (Pty) Ltd for damages or other
claims of any nature whatsoever for any cause of action
arising from the Purchase shall be limited to the
aggregate of all amounts received by TREK Card (Pty) Ltd
from the Client for this TREC Card Purchase.
No action or other
proceeding may be instituted by the Client against TREK
Card (Pty) Ltd., more than one year from date of
Purchase.
The
Agreement shall be governed by and interpreted in
accordance with the Law of the Republic of South Africa.
Any
dispute between the parties in regard to any matter
arising out of the Purchase, shall be submitted to and
decided by arbitration.
The
arbitrator shall be appointed by the then Chairman of
the Pretoria Bar Council.
The
arbitration shall be held in Pretoria in accordance with
such procedures as may be determined by the arbitrator,
and may be held, if he considers it appropriate, in an
informal and summary manner on the basis that it shall
not be necessary to observe or carry out the usual
formalities or procedures, including the delivery of
pleadings, the making of discovery or the observance of
the strict rules of evidence.
Subject
to the other provisions of this clause, each arbitration
shall be held in accordance with the provisions of the
Arbitration Act, 1965, as amended.
Subject
to the above clauses relating to arbitration, the
parties consent and submit to the jurisdiction of the
Magistrate Court for the purposes of any legal
proceedings arising from or in connection with the
Purchase.
Click here
if you agree to these
terms and conditions and wish to continue with your TREC Card Purchase.
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