Terms and Conditions

We, Tarsus Distribution Proprietary Limited registration number 1995/000439/07 being the distributor of the electronic computer Device (“Device”) purchased with and covered by this warranty (“Warranty”), agree to extend our obligations to you as is set out herein. In this regard we undertake to provide to you such of the following services as have been paid for: the Repair Service (described in clause 4.1), the Indemnity (described in clause 4.2) and the Data Recovery Service (described in clause 4.3), and a Loan Device (described in clause 4.4), collectively referred to as the “Services”, on and subject to the terms, limits and exclusions set out herein. The Indemnity is underwritten and provided by AIG South Africa, a licenced Financial Services Provider (the “Insurer”).

Reference herein to “we” or “our” or “us” is a reference to the entity described in the aforegoing paragraph and its successors in title and where appropriate in relation to any claim under clause 4.2, includes the Insurer. Reference to “you” is a reference to the original purchaser who simultaneously purchased both the Device and this Warranty and includes any person or entity to whom the Device covered by this Warranty is transferred as provided herein. All of your rights and our obligations under this Warranty are subject at all times to the terms, conditions, exclusions and limitations set out herein.

ONLY THOSE SERVICES LISTED BELOW THAT HAVE BEEN PAID FOR AT THE TIME OF PURCHASE OF THIS WARRANTY ARE AVAILABLE TO YOU UNDER THIS WARRANTY.

Where a procedure is set out, you must follow it or we will not be bound to fulfil any of the terms of this Warranty or render the Services.

DEVICE COVERED AND TERM

This Warranty agreement sets out all of the terms, conditions and limits of our obligations hereunder in respect of the single Device purchased with this Warranty. You must purchase a separate Warranty for each Device and ensure that at the time of purchase of the Warranty, that the Services you require have been paid for.
This Warranty does not cover any add on, after market, peripheral or accessory items fitted to the Device. This Warranty applies only in the Republic of South Africa (“RSA”) and does not require us to fulfil any obligations or to render any Services outside of the RSA.
This Warranty and the availability of the Services described herein, commences on the day of original purchase of both the Device and this Warranty. The cover in this Warranty and all of our obligations will end automatically and without option of renewal at midnight on the THIRD anniversary of the date of original purchase of the Device (“the Term”).

Warranty COVERAGE

The Repair Service (Only Applicable if Selected) If the Device loses its functionality during the Term of this Warranty arising from a failure as a result of defective parts or workmanship, then we will assist you to maintain or restore functionality by either repairing the Device or, at our election, replacing the Device; and
1. The Services that are available to you during the Term of this Warranty, in terms of and subject to the terms, conditions and limits of this Warranty, consist of such of the following services that you have paid for :
2. The Indemnity. (Only Applicable if Selected) We undertake to procure and maintain for the Term of this Warranty, insurance cover in our name from a registered Insurer so that if the Device, EXCLUDING DESK TOP COMPUTERS, is damaged as a result of an unexpected and unintentional event (“Accidental Damage”), the Insurer will, subject to payment by you of the excess set out below, either repair the Device or, at their election, replace the Device. This Indemnity is limited to damage or loss to the Device caused by Accidental Damage. The cover under the indemnity is limited to 3 claims for this Service during the Term of this Warranty. The excess payable (all amounts excl VAT) is R250 where the purchase price of the Device is R5000 or less; R500 where the purchase price of the Device is more than R5000 but less than R10000; R750 where the purchase price of the Device is R10000 or more, but less than R15000; and 10% of the purchase price of the Device where the purchase price of the Device is R15000 or more.
3. The Data Recovery Service (Only Applicable if Selected). If the Device, EXCLUDING TABLETS, suffers any incident or defect which entitles you to call on us to render the Services (“Incident”) and as a result of the Incident you cannot access or read the data or information stored on your Device, then we will attempt, but without warranting that we will be able, to recover the data or information on the Device, using the Seagate Data Recovery protocols and processes and if we are successful we will either restore the data and information to the Device or, at our election, copy any recovered data or information to a USB memory stick(s) or other storage medium(s), which we will return to you but in all cases without obligation to re-install the data or information. The Data Recovery process may necessitate us sending the Device or part thereof outside of the RSA, at our cost, in which event any time periods set out herein will not apply. The Device or parts thereof will most likely be damaged or even destroyed during the rendering of this Service. You must make sure that the data and information on the Device has been and is backed up regularly to an independent back up storage device. We will not compensate you for nor be liable for any damage caused by the rendering of this Service or if the Data Recovery Service is unsuccessful either in whole or part. The maximum size of the data or information that we will be required to attempt to recover is 1 TB (one Terabyte). We do not guarantee that any data or information will be recoverable and cannot and do not guarantee which data or information on the Device is or may be recoverable, if any. Our obligation and liability with regards to any loss or corruption of or inability to access or read any data or information and in respect of Data Recovery, is limited to attempting the Data Recovery as set out herein only. The cover under the Data Recovery Service is limited to 1 claims for this Service during the Term of this Warranty.
4. Loan Device. (Only Applicable if Selected)If you make a Valid Claim, as described in clause 7, for any Services in terms of this Warranty then, subject always to availability and to the terms, conditions and limits in this Warranty Agreement, we may make available to you, on request, a loan device (“Loan Device”) which may be used by you (and no one else) for up to 14 days or until we return the repaired or replaced Device to you or demand return of the Loan Device, whichever occurs first (“Loan Period”).
  1. Loan Devices are not available in the event of the manufacturer issuing a product recall (clause 20) that includes the Device. The Loan Device will be delivered to you, at our cost, within the RSA at the time of collection of the Device. The Loan Device is not new but will be in good working order and condition. The Loan Device may not necessarily be the same size, brand or have the same specifications or be of equal capability and functionality to that of your Device. Loan Devices are only provided for tablets, notebooks and desktop computers (no monitors). The Loan Devices (desktops/notebooks) which are issued at our discretion, will have either an I5 processor with 4GB Ram and a 250GB HDD or, an I7 processor with 8 GB Ram and a 500GB HDD. These Loan Devices will be loaded only with a Windows operating system. Loan Devices (tablets) which are issued at our discretion, will be either 9” or 11” tablets loaded only with an Android operating system. We may change the specifications of the Loan Devices from time to time.
  2. Our provision and your use of the Loan Device is also subject always to our prevailing Loan Device Use Terms as amended from time to time. The Loan Device Use Terms are available on the web site: www.t-care.co.za and on request. You are advised to familiarise yourself with these terms before requesting a Loan Device from us. We reserve the right to require you to sign a copy of the Loan Device Use Terms on delivery of the Loan Device but whether we do so or not, the prevailing Loan Device Use Terms will apply if we supply a Loan Device.

None of the Services or terms of this Warranty entitle you to any financial compensation or other payment.

CLAIMS PROCEDURE

Should you need and elect to avail yourself of any of the Services during the Term of this Warranty, you must contact the T-Care Support Desk within 30 calendar days of the Incident or event giving rise to the claim for the Service. The claim for the rendering of the Service must be made in that time by calling telephone number 0861 282 285 or emailing details of the claim and the information listed hereafter to [email protected].

When making a claim for the rendering of any Service you must provide us with the serial number and description of the Device. We reserve the right to require that you provide proof to our reasonable satisfaction of the purchase of the Device and Warranty if we, for any reason, are unable to verify that the Device is covered by a Warranty that has not expired. You must also give us a frank, full and honest account of the Incident leading to the claim. If we so request at any time , you must send us proof, to our reasonable satisfaction, of any or all of the a foregoing and provide us with any further information we reasonably require before we are required to perform any actions or further actions hereunder. Only timeous valid claims for Services arising out of an Incident or event that occurred during the Term of this Warranty which is made in accordance with the procedures in this Warranty and is covered by this Warranty and not excluded or otherwise limited by the terms hereof (“Valid Claims”) will be processed and oblige us to render the Services.

In the event of a Valid Claim for Data Recovery Services the T-Care support desk will arrange, at our cost, for a courier to fetch the Device within the RSA, as soon as practically possible for delivery to a service centre for assessment in the event of a Claim for Data Recovery Services and advise you on the steps that will be taken after assessment.

In the event that any claim is determined to be a Valid Claim covered by the Indemnity then you are required to pay the excess in clause 4.2 before the claim is processed. In the event of a Valid Claim under the Indemnity, we will arrange, at our cost, for a courier to fetch the Device within the RSA, as soon as practically possible for delivery to a service centre for assessment. We will use our best efforts to return the repaired or replacement Device to you within 7 business days of collection of the Device under a Valid Claim made under the Indemnity,

Repair Services - Fetch, Repair and Return
1. In the event of a Valid Claim for Repair Services, we will arrange, at our cost, for a courier to fetch the Device within the RSA as soon as practically possible for delivery to a service centre for assessment. We will use our best efforts to return the repaired or replacement Device to you within 7 business days of collection of the Device under a Valid Claim for Repair Services. Subject to clause 30, if we are unable to repair the Device under a Valid Claim for Repair Services within 7 business days of collection of the Device then we will, at our election, replace the Device either with a new or a refurbished Device.
2. You will be notified within 2 business days from collection of the Device and given reasons if there is any dispute that a claim is a Valid Claim covered by this Warranty or if we elect to replace the Device before expiry of the period in clause 10 with either a new device or a refurbished device with at least equivalent specifications, performance and quality to the Device.

Repair Service - Onsite/ Remote (Applicable to Stock Keeping Units Only)
1. Onsite technical support on the Devices to return them to operating condition may be elected subject to the following conditions:
  1. The site must be within an 80 kilometre range from the following locations:
    1. Johannesburg
    2. Durban
    3. George
    4. Cape Town
  2. Calls logged before 03:00 will be attended to during the course of the following business day.
  3. Prior to providing onsite technical assistance we shall attempt to isolate, diagnose and repair the Device to working order remotely.
  4. For incidents that cannot, in our judgement, be resolved remotely, one of our authorised representatives will provide onsite technical support on Devices to return them to operating condition. We may, however, at our sole discretion elect to replace such products in lieu of repairing them.
  5. Replacement products are new or functionally equivalent to new in performance.
  6. Replaced products then become our property.
  7. Once our authorised representative arrives at your site, the representative will continue to deliver the service, either onsite or remotely, at our discretion until the Device is repaired.
  8. Work may be temporarily suspended if parts or additional resources are required, but work will resume when they become available.

The Device shall be considered as repaired when it operates and performs as set out in the OEM’s specifications for the Device.

13. When rendering any of the Services we will procure that either OEM parts or parts that are equivalent in quality and performance are used when effecting a repair. The parts may be refurbished. If we elect to replace the Device or if we are required to replace the Device as described in clause 10, then we will replace the Device with a new or, at our election, refurbished device of the same model or if not reasonably practical, as we reasonably determine, then with a device of at least the same value, performance and specifications. If the Device is replaced under this Warranty during the Term then the replacement item shall be deemed and regarded for all purposes hereunder to be the Device and shall be covered for the remainder of the Term. We will procure delivery of the repaired or replacement Device to you at a physical address of your choice, in the RSA, at our cost.

Before a Device is given to us to render any of the Services under this Warranty, you agree to and shall be solely responsible for:
1. The back-up of all of the data and information on the hard drive(s) and any other storage media in the Device. You are also solely responsible for removing any and all confidential, proprietary or personal information and removable media such as SIM cards, DVDs/CDs or PC Cards. The Services rendered under this Warranty may result in the deletion of the contents of the Device, reformatting thereof or the application of other processes that are destructive and cause the loss of data or information. You are required to regularly back up (and verify such back-ups) all data and information stored on the Device.
2. Removing from the Device any parts, associated equipment and third party peripherals, memory expansion card, PC cards or accessories not covered by this Warranty;
3. Ensuring that the Device or part is free of any legal obligations or restrictions that prevent its repair or replacement;
4. Ensuring that the Device is not password protected to enable us to fulfil our obligations under this Warranty and to assess any claim or verify that the Device has been repaired.
5. Providing us with all system keys or passwords and sufficient, free, and safe access to your premises, where applicable, to perform any obligations in terms of this Warranty.

TRANSFER OF WARRANTY

The Warranty attaches to the Device and may be transferred by you with the Device. Neither the Term of this Warranty nor any of our obligations will be extended by any transfer of the Device.

TRANSFER OF WARRANTY

To the fullest extent permitted by law, our maximum liability under this Warranty or arising from any act or omission, is agreed to be limited to and shall not exceed the original purchase price of the Device.

We will not be responsible for any of your confidential, proprietary or personal information or data on the Device or any loss or corruption or misuse thereof for any reason at all and howsoever arising.

Any defective parts which we replace (or in the case where we elect to replace the Device then the Device itself) shall become our property for no compensation.

Specific Exclusions

19. Unless this Warranty expressly provides otherwise, this Warranty does not cover the Device or entitle you to any of the Services herein, in respect of and does not apply :-
1. If the Device is subject to fire, flood, dampness in the atmosphere or rusting or corrosion;
2. To any theft of the Device or any fraud committed in respect of the Device;
3. To any failure of the Device to turn on, on purchase or failure as it is turned on or failure within such period as the OEM defines as constituting an “Out of Box Failure” or “Dead on arrival” or similar failure entitling you to a replacement of the Device (Refer to clause 21 in this regard). If the OEM denies any claim made under any of the circumstances in this clause then we shall similarly not be liable under this Warranty;
4. To any defects which are subject to OEM recall or which are covered under a OEM’s program of reimbursement or similar (Refer to clause 20 in this regard);
5. To any scratching, marring or denting of the Device that does not affect its operation;
6. If there is any damage, malfunction or failure resulting from misuse, abuse, use on an incorrect voltage, voltage supply problems, power surges and dips, load shedding, thunderstorm activity, lightening, hail, rain or weather conditions, war, civil unrest and acts of God;
7. To the replacement or repair of any consumables (including, but not limited to, batteries, power supplies, stickers, packaging and cables), or lost parts or accessories;
8. To normal or fair wear and tear, aging of the Device, routine maintenance, cleaning, lubrication, adjustments or alignment;
9. If the Device has been used in a manner other than for which it was originally designed or contrary to its specifications;
10. If the Device or part thereof has been opened or tampered with or manipulated or repaired by anyone other than us or the OEM or any person or entity duly authorised by us
11. If the logo, rating label or factory-applied serial number has been altered defaced or removed from the Device;
12. If there has been unauthorised repairs by any persons, use of defective or incompatible accessories, the operation of a computer virus or other malware of any kind, improper site conditions, or entry by any insect, vermin or foreign object in the Device or any physical damage to the Device caused in circumstances where the Indemnity contained in this Warranty does not apply;
13. To the restoring or replacement of any software on the Device or settings to or configuring the Device or to the rendering of any software support
14. To software related faults or software viruses or other malware, or the use of pirated or unlicensed software;
15. To effect any preventative maintenance or repair any cosmetic damage;
16. To screen burn;
17. To the appearance of structural items, such as the housing, case or frame, decorative parts or parts designated to be replaced periodically during the life of the Device, add-on items, or attachments, external wiring and cabling, antennas, remote control, cosmetic parts, key tops, printed letters on key tops, lids or other stationary parts, or to the appearance of parts such as interior or exterior finishes or trim and all other consumables;
18. To any claims that are false or fraudulent or intentionally exaggerated or if any false declarations or statements are made in support thereof;
19. To any software program, data or other information stored or residing on any media or any part of the Device covered by this warranty;
20. To any claim arising from misplacement, reckless, abusive, wilful or intentional conduct;
21. To Tablets insofar as Data Recovery Services are concerned and to desk top computers in so far as the Indemnity is concerned;
22. Where there is no valid Warranty or Valid Claim;
23. To any of the Services that have not been paid for at the time of purchase of the Warranty.

Recall Of Device By OEM
In the event that the OEM of the Device issues a product recall that includes the Device then you must return the Device to the sales outlet that sold you the Device and claim under the OEM warranty. Please contact the support desk who will guide you through this process and explain what you must do. This Warranty shall automatically transfer to any replacement device provided by the OEM, for the balance of the Term, which will then be deemed to be the Device for all purposes hereunder. You must provide us with the details and serial number of the replacement device provided by the OEM

Out Of Box Failure
In the event of any failure of the Device as envisaged in clause 19.3 entitling you to a replacement of the Device, please contact the support desk who will assist you by arranging to collect the Device, assist in the processing of your claim against the OEM, arranging delivery of the Device to the OEM and passing a credit note to your account for an amount equal to the value of the replacement of the Device. Where we reasonably require any information or action by you in connection with this you must provide such information or assistance. If the OEM denies any claim made under any of the circumstances then we shall similarly not be liable under this Warranty;

There shall be a “cooling off” period of 7 days from date of purchase of the Warranty during which time you shall be entitled to cancel the Warranty and be repaid your purchase price provided that you have not submitted a claim under this Warranty.

THE FOLLOWING LIMITATIONS SHALL APPLY:

TO THE MAXIMUM ALLOWED BY LAW, UNDER NO CIRCUMSTANCES SHALL WE OR ANY SUB CONTRACTOR, SERVICE PROVIDER, OR AFFILIATE OR ANY EMPLOYEE OR OFFICER OR DIRECTOR OR AGENT OF ANY OF THE AFOREGOING BE LIABLE FOR ANY DAMAGES INCLUDING INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE, (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR LOSS OF BUSINESS, DATA OR INFORMATION, GOODWILL, INCONVENIENCE, DELAY, LOSS OF PROFITS, INTERRUPTION OR LOSS OF AVAILABILITY OF DATA, COSTS OF RECOVERING, REPROGRAMMING OR REPRODUCING ANY PROGRAMMES OR DATA OR THE FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA OR LOSS OR DAMAGE OR ALTERATIONS TO THIRD PARTY SOFTWARE OR PROGAMMES, DATA OR INFORMATION STORED ON ANY MEDIA OR ANY PART OF THE DEVICE), NO MATTER HOW OCCURING AND WHETHER IN LEGAL PROCEEDINGS BASED ON CONTRACT OR DELICT OR BASED ON A WARRANTY OR CONDITION OR ANY OTHER LEGAL GROUNDS ARISING OUT OF OR IN CONNECTION WITH ANY ACT OR OMISSION OR OBLIGATION IN TERMS OF THIS WARRANTY.

WE DO NOT WARRANT THAT WE WILL BE ABLE TO RENDER ANY OF THE SERVICES HEREUNDER WITHOUT RISK TO OR LOSS OF PROGRAMES OR DATA OR INFORMATION ON THE DEVICE.

THE PARTIES AGREE THAT THE REMEDIES SET OUT HEREIN ARE EXCLUSIVE AND THAT COMPELLING US TO PROVIDE THE SERVICES AS APPLICABLE AND DESCRIBED IN THIS WARRANTY ARE YOUR SOLE AND EXCLUSIVE REMEDIES AVAILABLE FOR ANY BREACH BY US.

WE EXCLUDE ALL OTHER WARRANTIES, CONDITIONS, TERMS, REPRESENTATIONS AND UNDERTAKINGS, WHETHER EXPRESS OR IMPLIED TO THE FULLEST EXTENT POSSIBLE IN LAW. CESSION AND ASSIGNMENT

We reserve the right to cede any of our rights hereunder to a third party or third parties.

We specifically reserve the right, without notifying you and without the need to obtain your permission, to change any supplier, process or product named or described herein to a suitable equivalent and to sub-contract or outsource or to assign any or all of our obligations under this Warranty to a suitably qualified third party or third parties.

GENERAL

You agree that we may collect, use, store, process and disclose information for:

All purposes associated with the provision of the Services available under this Warranty;
Any communications about Devices and Services which we and our affiliates may provide to you, including but not limited to customer satisfaction level survey’s and any Device recalls or safety issues;
Implementing the terms and conditions of this Warranty;
Complying with any legal requirements.

29. Information provided by you under this Warranty will not be sold or disclosed to any third party. Our Agents or contractors who have access to your personal information, will use it only to enable us to comply with our obligations under this Warranty. If you agree, we may use this information to update you on Warranty Devices, special offers, and updated information.

Where any time period imposed on us cannot be met due to any circumstances beyond our reasonable control or where you do not co-operate to facilitate our access to the Device or fail to provide any information we reasonably require to fulfil our obligations hereunder, the time periods shall be automatically extended by the period of the delay.

If this Warranty or any of the Services is found to be invalid or unenforceable or to be unlawful for any reason then we shall be entitled to cancel this Warranty and your sole remedy shall be to be repaid the purchase price of the Warranty. If any provision of these Terms and Conditions is held to be invalid by any law or regulation of any government or by any court and we have not cancelled as set out above, such invalidity will not affect the enforceability of other provisions in these Terms and Conditions.

Where this Warranty allows us to make any election we may make the election as we in our sole discretion decide. We also reserve the right to change any election we make if it becomes impractical or unreasonably difficult to proceed with our first election for any reason.

The terms and conditions of this Warranty are subject to the Consumer Protection Act 68 of 2008 (CPA) and in no way override or circumvent any rights that you may have either under the CPA.

We will take reasonable care to ensure that all Services under this Warranty are performed in a workmanlike manner by competent and trained individuals utilising generally accepted industry standards and practices.

This Warranty sets out the entire understanding of the parties regarding its subject matter, and completely supersedes and negates any other related prior or contemporaneous representations, understandings, or agreements. No term, condition or warranty which is not contained herein shall be of any force or effect.

Neither this Warranty nor any term may be cancelled, varied, or waived other than in writing expressly providing therefor and signed by us other than by electronic signature.

The Laws of the Republic of South Africa shall be the laws governing this Warranty.

We may communicate any general notices or information relating to the Warranty or the Device by notice on our website www.t-care.co.za. It is your obligation to check the website regularly. You may also call or email us to enquire about any notices or communications.

FOR FURTHER INFORMATION OR QUERIES visit www.t-care.co.za or call 0861 282 285 / email [email protected].