Legal Notice

Legal Notice of Flecto Sense (Pty) Ltd.

Terms and Conditions can also be view in our General Terms of Service

1. Product liability

1.1. Flecto Sense (Pty) Ltd shall not be liable for any personal injury and property damage caused by a defective product delivered by Flecto Sense (Pty) Ltd.
1.2. Flecto Sense (Pty) Ltd shall not be liable for any damage to property which has been made a part of, incorporated in, added to or in some other way connected to a product delivered by Flecto Sense (Pty) Ltd. Flecto Sense (Pty) Ltd shall furthermore not be liable for damage to property caused by a product manufactured by Flecto Sense (Pty) Ltd which is used to manufacture, process or in some other way treat such property. The liability shall, however, only cover the reduction in value of the manufactured or processed property, the extra manufacturing or processing costs or the actual cost of repairs.
1.3. Flecto Sense (Pty) Ltd shall not be liable only for direct loss associated with a product manufactured by Flecto Sense (Pty) Ltd where such product causes damage resulting in a product manufactured or processed by the Purchaser or a third party having to be discarded or repaired, becoming more expensive to manufacture or losing value.
1.4. Flecto Sense (Pty) Ltd shall under no circumstances be liable for any capital loss and/or indirect loss.

 

2. Intellectual Property

2.1. Buyer acknowledges Flecto Sense (Pty) Ltd' exclusive right, title, and interest in trademarks, logos and other markings of Flecto Sense (Pty) Ltd relating to the products, as well as in any and all manuals or documents provided by Flecto Sense (Pty) Ltd relating to the products (collectively, "Flecto Sense (Pty) Ltd' Marks"), and will not at any time do or cause to be done any act or thing contesting or in any way impairing or tending to impair this right, title, and interest.
2.2. Buyer acknowledges that Flecto Sense (Pty) Ltd claims and reserves all rights and benefits afforded under national and international intellectual property laws in all Intellectual property relating to the products. "Intellectual Property" means all intellectual property and/or proprietary rights, including without limitation all rights of inventorship and authorship, in inventions, patents, patent applications, and know how, for any product, process, method, machine, manufacture, design, composition of matter, or any new or useful improvement thereof, as well as all copyrights, trademark, trade dress and service mark rights and all rights in trade secrets, computer software, data and databases, and mask works.
2.3. Buyer is not authorized to make any changes, additions, improvements, alterations, or modifications of any sort to the products. Whether authorized or un-authorized, any changes, additions, improvements, alterations, or modifications of any sort to the products made by Buyer shall inure to the benefit of Flecto Sense (Pty) Ltd, and Flecto Sense (Pty) Ltd shall have full right, title, and interest in them.
2.4. The rights and obligations set forth in this section shall survive the termination of this agreement.

 

3. Disputes

3.1. The parties shall seek to settle any dispute arising out of the agreement, including disputes relating to the existence or validity of the agreement, through mediation by Republic of South Africa Arbitration in accordance with Republic of South Africa Arbitration’s rules thereon applicable at the time the request for mediation was submitted.
3.2. Mediation shall not preclude a party from instituting arbitration proceedings in accordance with the provisions set out below or from taking other legal steps in relation to the dispute arisen.
3.3. If the mediation ends without the dispute having been settled, the dispute shall be settled by arbitration by Republic of South Africa Arbitration in accordance with Republic of South Africa Arbitration’s rules thereon applicable at the time the arbitration proceedings were instituted. The laws of Republic of South Africa excluding any choice of law rules shall govern the agreement and the settlement of disputes.