Terms and Conditions of Oryx Multimedia
The sale of all Products sold by ORYX MULTIMEDIA is subject to the Terms and Conditions of Sale of Oryx Multimedia CC. If you sign a separate purchase agreement with Oryx Multimedia, that agreement will govern. The Terms and Conditions of Sale do not apply to Oryx Multimedia Products purchased from third parties, including, but not limited to, retailers, resellers, and distributors.
Definitions:
An “ORYX MULTIMEDIA Product" is a complete system that is manufactured or assembled directly or indirectly by ORYX MULTIMEDIA.
A "Customized ORYX MULTIMEDIA Product" is an ORYX MULTIMEDIA Product that contains third-party components or associated peripherals that are specific to a particular ORYX MULTIMEDIA customer.
A "Third-Party Product" is any item that is procured and resold by ORYX MULTIMEDIA that is not part of a ORYX MULTIMEDIA Product or Customized ORYX MULTIMEDIA Product. ORYX MULTIMEDIA Product, Customized ORYX MULTIMEDIA Product, and Third-Party Product, including all documentation accompanying each and any service contracts associated with each, is collectively referred to herein as "Product."
Money-Back, Returns and Exchange Policy:
If, for any reason, you are unsatisfied with the Product you purchased directly from ORYX MULTIMEDIA, or if you do not accept the Terms of the Limited Warranties and other terms set forth herein, you may return the complete Product to ORYX MULTIMEDIA or an ORYX MULTIMEDIA-designated return centre for a refund of the purchase price (less applicable adjustments, charges, and fees), subject to the terms and conditions set forth herein.
Your request for a refund must be made (and a Returned Merchandise Authorization [RMA] number issued) within the time periods set forth as follows:
NEW ORYX MULTIMEDIA PRODUCT AND CUSTOMIZED ORYX MULTIMEDIA PRODUCTS:
Business and Government Purchasers: within 30 (thirty) days of shipment by ORYX MULTIMEDIA
Home Use Purchasers: within 15 (fifteen) days of shipment by ORYX MULTIMEDIA.
NEW THIRD-PARTY PRODUCT - within 15 (fifteen) days of shipment by ORYX MULTIMEDIA or supplier/manufacturer.
ORYX MULTIMEDIA will accept a request for a refund only if the supplier/manufacturer of the Third-Party Product offers the same return privileges to ORYX MULTIMEDIA (unless otherwise agreed to in writing by ORYX MULTIMEDIA).
RECONDITIONED OR REFURBISHED ORYX MULTIMEDIA PRODUCT - within 7 (seven) days of shipment by ORYX MULTIMEDIA.
Unless otherwise agreed to in writing, returns will be subject to the following:
(1) R500 charge for failing to return a Product in its original packaging (box and packaging inserts) and
(2) 20% restocking fee for all returned Products.
Failure to request a refund and receive an RMA number within the time periods set forth above constitutes acceptance of the Limited Warranties and Terms and Conditions of Sale.
ORYX MULTIMEDIA and suppliers/manufacturers reserve the right to inspect the condition and contents of the returned Product and adjust refund amounts according to the conditions described herein.
In the event you return only a portion of the Product, your refund shall be reduced by the purchase price of the non-returned portion of the Product and may be withheld pending the complete return of the Product.
Refunds shall be reduced and may be withheld if returned Products show evidence (as determined by ORYX MULTIMEDIA) of damage due to: improper packaging, misuse, abuse, neglect, alteration, problems with electrical power, usage not in accordance with Product instructions, acts of nature, acts of God, unusual temperatures or humidity, improper installation, or repairs attempted where such repairs were made without ORYX MULTIMEDIA’s approval. OPENED SOFTWARE purchased with your system must be returned but is not eligible for a refund. You may return third-party software for a refund only if the package has not been opened. The values of SERVICE & SUPPORT CONTRACTS under which services have been performed are not eligible for a refund. ORYX MULTIMEDIA WILL NOT REFUND ORIGINAL OR RETURN SHIPPING, HANDLING, OR INSURANCE CHARGES OR, IF APPLICABLE, IMPORT OR EXPORT DUTIES OR ANY OTHER FEES OR CHARGES IMPOSED BY GOVERNMENT OR QUASI-GOVERNMENTAL AGENCIES OR OFFICIALS. Please retain your shipping information, including tracking numbers, until your request for refund has been processed by ORYX MULTIMEDIA. This will serve as your proof of return.
Return Policy (for money-back returns):
All money-back returns of Product purchased directly from ORYX MULTIMEDIA are subject to this Return Policy.
Prior to returning the Product, you must request and receive an RMA number
Provide your system serial number and/or customer number.
Ship the complete Product back to ORYX MULTIMEDIA within 10 (ten) business days
(30 (thirty) business days for international customers) from the date your RMA number is issued to obtain a refund.
The returned Product must be returned in the same condition in which it was originally shipped, with all peripherals, software, accessories, manuals, documentation, and packing materials included. Such Product must be shipped in the original packaging, prepaid and insured by you, with the RMA number clearly displayed on the outside of the packaging. International customers must ship the returned Product via DHL, Federal Express, UPS, or another courier approved in advance by ORYX MULTIMEDIA. ORYX MULTIMEDIA IS NOT RESPONSIBLE FOR LOST DATA OR THE LOSS OF PRODUCTS AT ANY TIME. PRIOR TO SHIPPING A SYSTEM TO ORYX MULTIMEDIA, BACK UP ALL DATA STORAGE DEVICES.
Other Documents:
This sale is subject to the Terms and Conditions stated herein, on the face of the invoice, and in all other documents accompanying the purchased Product(s) which are in lieu of and replace any and all terms and conditions set forth in any documents issued by you, including, without limitation, any purchase orders and any specifications. In case of conflict between the terms and conditions stated here and those on the face hereof, those on the face hereof shall control. ANY ADDITIONAL, DIFFERENT, OR CONFLICTING TERMS AND CONDITIONS ON SUCH DOCUMENT ISSUED BY YOU AT ANY TIME ARE HEREBY OBJECTED TO BY ORYX MULTIMEDIA, SHALL BE WHOLLY INAPPLICABLE TO ANY SALE MADE HEREUNDER, AND SHALL NOT BE BINDING IN ANY WAY ON ORYX MULTIMEDIA. No waiver or amendment to these terms and conditions shall be binding on ORYX MULTIMEDIA unless made in writing expressly stating that it is such a waiver or amendment and signed by ORYX MULTIMEDIA.
Acceptance:
All Product orders placed by you with ORYX MULTIMEDIA are subject to acceptance by ORYX MULTIMEDIA.
Payment:
You shall pay ORYX MULTIMEDIA for all charges listed on ORYX MULTIMEDIA's invoice, including all shipping and handling charges. Unless otherwise stated on the face hereof, all payments shall be due upon acceptance of quotation. On any amounts not paid when due, you agree to pay interest at the rate of 1 1/2% per month (18% per year) or, if such rate is in excess of the rate allowed by law, then you agree to pay the highest rate allowed by law. In addition, you agree to pay all costs of collection, including costs of litigation and reasonable attorney's fees. ORYX MULTIMEDIA reserves the right to obtain a security interest in the Products sold to you and in proceeds thereof, until payment is made in full by you. ORYX MULTIMEDIA further reserves the right to set off any amounts you may owe ORYX MULTIMEDIA from any amounts ORYX MULTIMEDIA may owe you. You agree to execute financing statements and other instruments at ORYX MULTIMEDIA's request. An R400.00 collection fee will be charged for all dishonoured checks.
Taxes:
Unless otherwise stated on the face hereof, prices do not include any customs duties, sales, use, value added, excise, federal, state, local, or other taxes. All such duties or taxes shall be paid by you, or, in lieu thereof, you shall provide ORYX MULTIMEDIA with an appropriate tax exemption certificate.
Title:
Title to Product passes from ORYX MULTIMEDIA to you upon shipment to you. Title to software remains with the applicable licensor(s).
Component Resale:
You shall not engage in the business of reselling components purchased from ORYX MULTIMEDIA, or remove components from Product for resale, except upon express prior written authorization by ORYX MULTIMEDIA.
Limited Warranties:
The Limited Warranties applicable to ORYX MULTIMEDIA Products are included in the documentation along with the Product. Third-party components or associated peripherals contained within or shipped with a Customized ORYX MULTIMEDIA Product or Third-Party Product are covered by their respective manufacturer's warranties, unless otherwise agreed to in writing by ORYX MULTIMEDIA. If applicable, consult the manufacturer's warranty that accompanies the Customized ORYX MULTIMEDIA Product or Third-Party Product for details (if any).
Force Majeure:
ORYX MULTIMEDIA shall not be liable for any delay in performance directly or indirectly caused by or resulting from acts of nature, acts of God, fire, flood, accident, riot, war, government intervention, embargoes, strikes, labour difficulties, equipment failure, late deliveries by suppliers, or other difficulties which are beyond the control and without the fault or gross negligence of ORYX MULTIMEDIA. Quantities are subject to availability.
Limitations:
ORYX MULTIMEDIA MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO SOFTWARE INCLUDED IN ANY PRODUCTS SOLD BY ORYX MULTIMEDIA AND ALL SOFTWARE IS SOLD "AS IS" AND "WITH ALL FAULTS." EXCEPT AS SET FORTH HEREIN, ORYX MULTIMEDIA MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND DISCLAIMS AND NEGATES ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND CONFORMITY TO MODELS OR SAMPLES. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THESE LIMITATIONS MAY NOT APPLY TO YOU. THE WARRANTIES SET FORTH HEREIN GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU. NO VARIATION OR EXCEPTIONS IN THE TERMS STATED HEREIN CAN BE MADE WITHOUT WRITTEN AUTHORIZATION BY THE CHIEF EXECUTIVE OFFICER OF ORYX MULTIMEDIA.
Use of Products in Life Support, Nuclear, and Certain Other Applications:
PRODUCTS SOLD BY ORYX MULTIMEDIA ARE NOT AUTHORIZED FOR USE AS CRITICAL COMPONENTS IN MEDICAL DEVICES OR SYSTEMS OR IN NUCLEAR FACILITIES WITHOUT THE EXPRESS WRITTEN APPROVAL OF MANAGING MEMBERS OF ORYX MULTIMEDIA. IF YOU USE OR SELL THE PRODUCTS FOR USE IN ANY SUCH APPLICATIONS:
(1) YOU ACKNOWLEDGE THAT SUCH USE OR SALE IS AT YOUR SOLE RISK;
(2) YOU AGREE THAT ORYX MULTIMEDIA IS NOT LIABLE, IN WHOLE OR IN PART, FOR ANY CLAIM OR DAMAGE ARISING FROM SUCH USE, AND
(3) YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD ORYX MULTIMEDIA HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LOSSES, COSTS, EXPENSES, AND LIABILITIES ARISING OUT OF OR IN CONNECTION WITH SUCH USE OR SALE.
Limitation of Liability:
IN NO EVENT SHALL ORYX MULTIMEDIA OR THEIR AFFILIATES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM ORYX MULTIMEDIA'S PERFORMANCE OR FAILURE TO PERFORM UNDER THIS SALE, OR FROM THE FURNISHING, PERFORMANCE, OR USE OF ANY GOODS OR SERVICE SOLD PURSUANT HERETO, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, THE NEGLIGENCE OF ORYX MULTIMEDIA, LOSS OF DATA, OR OTHERWISE.
No Warranty of Intellectual Property Rights:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ORYX MULTIMEDIA DOES NOT WARRANT THAT PRODUCT(S) ARE FREE OF CLAIMS OF PATENT, TRADEMARK, TRADE SECRET, OR COPYRIGHT INFRINGEMENT BY A THIRD PARTY. ORYX MULTIMEDIA HEREBY DISCLAIMS ANY SUCH WARRANTIES OR INDEMNIFICATION FOR SUCH INFRINGEMENT(S) OF INTELLECTUAL PROPERTY RIGHTS.
Substitutions & Modifications:
ORYX MULTIMEDIA reserves the right to substitute or change materials, parts, Product specifications, or functional attributes at any time without notice. ORYX MULTIMEDIA also reserves the right to ship Product in multiple boxes and/or shipments.
User Rights to Software:
The software included with the Product is protected by copyright law and/or international treaty provisions. Rights relating to a particular software program are listed in the license agreement document provided by the owner(s) of the software included with the Product. Title to software remains with the applicable licensor(s).
Governing Law, Jurisdiction, and Costs:
You hereby consent to the jurisdiction and venue of the state courts of ORYX Multimedia’s headquarter or Regional ORYX Multimedia’s subsidiary or agency to resolve any and all customer disputes with ORYX MULTIMEDIA, and you waive all defences to such jurisdiction and venue including, but no limited to, any defence based on inconvenient forum. In the event you and ORYX MULTIMEDIA are unable to resolve any customer dispute, and any collection action, suit, or other judicial proceeding is commenced, the prevailing party in any such collection action, suit, or judicial proceeding shall be entitled to recover its costs and reasonable attorney's fees incurred.
Assignment:
You may not assign your rights or obligations hereunder without the express prior written consent of ORYX MULTIMEDIA.
Entire Agreement:
These terms and conditions, including those on the face hereof, constitute the entire agreement with regard to this sale and expressly supersede and replace any prior or contemporaneous agreements, whether written or oral, relating to said sale, including any terms and conditions on any of your documents or purchase orders. This agreement shall be binding upon the heirs, successors, and assigns of the parties hereto. If any provision of this agreement shall be held to be invalid or unenforceable, the remainder of this agreement shall remain in full force and effect.
Back Orders:
In the event that your order consists of more than one line item, ORYX MULTIMEDIA reserves the right to ship the product(s) or system(s) that are available immediately. The other item(s) will be placed on back order and ship when available. ORYX MULTIMEDIA strives to update the product offerings to ensure the accuracy of inventory availability. When product(s) becomes out of stock, your order will be automatically placed on back order. Items placed on back order are shipped as soon as they become available from the manufacturer or supplier. In the unlikely event shipment of your order will be delayed more than thirty days from the date of your order, ORYX MULTIMEDIA, will contact you with new shipment information.
Delivery Charges:
These charges vary with the weight of your order and the type of shipping requested. Ask your sales representative for details.
Advertising Disclaimer:
ORYX MULTIMEDIA is not responsible for omissions or errors in typography or photography. All purchases are subject to availability. Prices and specifications may be changed without notice; prices do not include shipping and handling and any applicable taxes, unless specifically required to be included under applicable contract. Seller's return policy does not include return freight and original shipping/handling charges, and all return and warranty periods begin from the date a product is shipped, not when it arrived. A restocking fee may be charged upon the return of a product. All sales are controlled by seller's current terms and conditions of sale, and contract terms and conditions as applicable. Copies of seller's terms and conditions of sale and contract terms are available on seller's website or from its sales representatives. Product names used on this site are for identification purposes only and may be trademarks of their respective companies.
Fraud:
It is a violation of the law to place orders under a false name or with an invalid credit card. We have a sophisticated Fraud Control system that screens for suspicious orders, which are subject to investigation and possible cancellation by our Fraud Control team. Fraudulent ordering will be prosecuted to the fullest extent of the law. Please be aware that even if you do not give ORYX MULTIMEDIA, your real name, and your Web browser transmits a unique address to us, which can be used by law enforcement officials to identify you.
Compatibility:
ORYX MULTIMEDIA does not imply or guarantee that the Third Party products offered on this site will be compatible with your computer, hard drive, and memory card or network system.
DATE OF LAST REVIEW
24 June 2009