TERMS & CONDITIONS

Inpakt Group (Pty) Ltd / Inpakt SA (Pty) Ltd
Effective Date: 17 February 2026

1. APPLICATION

1.1 These Terms and Conditions apply to all quotations, sales, supply, installation, commissioning, and services provided by Inpakt Group (Pty) Ltd and/or Inpakt SA (Pty) Ltd (“the Supplier”).
1.2 Acceptance of any quotation constitutes acceptance of these Terms and Conditions.
1.3 No variation shall be valid unless agreed in writing and signed by an authorised director of the Supplier.

2. QUOTATIONS, SPECIFICATIONS & SAMPLES

2.1 All quotations are based strictly on specifications, product data, and samples provided by the Client.
2.2 The Client is solely responsible for providing accurate product samples and final packaging materials for testing and validation.
2.3 The Supplier shall not be responsible for performance deviations where actual product characteristics differ from samples or specifications provided.
2.4 Where product or packaging samples are not provided to the Supplier for testing prior to manufacture, the Supplier shall not be liable for any resulting performance issues.
2.5 The Client shall be responsible for supplying sufficient quantities of product and packaging materials to the Supplier’s facility for testing, commissioning, and validation.
2.6 The Supplier shall not be responsible for procuring packaging materials unless expressly agreed in writing.
2.7 Where full Factory Acceptance Testing (FAT) is required at overseas manufacturing facilities (including China), the Client shall be responsible for the total cost of supplying and shipping sufficient production-scale product and packaging samples required for full FAT validation.
2.8 Failure to provide adequate samples may result in performance limitations for which the Supplier shall not be held liable.

3. PAYMENT TERMS

3.1 Payment terms are strictly as stated in the quotation.
3.2 The Supplier reserves the right to suspend manufacture, delivery, or commissioning if payment terms are not met.
3.3 Ownership of equipment shall remain with the Supplier until full payment is received.

4. DELIVERY & RISK

4.1 Risk passes to the Client upon delivery to site or collection.
4.2 The Supplier shall not be liable for delays caused by factors beyond its reasonable control.

5. WARRANTY

5.1 The Supplier warrants that equipment supplied will be free from material defects for a period of 12 months from delivery.
5.2 Warranty is limited strictly to repair or replacement of defective parts (ex-works).
5.3 Warranty excludes normal wear and tear, misuse, negligence, operation outside design parameters, modification without written approval, improper installation by others, incorrect product characteristics, and use by unqualified personnel.
5.4 The Supplier shall not be responsible for consequential damage arising from any defect.

6. OPERATOR & PRODUCTION MANAGEMENT REQUIREMENTS

6.1 Equipment shall only be operated and supervised by trained, qualified, and competent operators and production managers.
6.2 The Supplier reserves the right to assess and verify the competency and qualifications of operators and production managers prior to commissioning and handover.
6.3 The Client shall provide written proof of operator and production manager certification upon request.
6.4 If the Client changes its operator or production manager at any time, the Client must immediately notify the Supplier in writing and provide updated certification details.
6.5 Failure to notify the Supplier of operator or production management changes shall result in suspension of warranty coverage.
6.6 The Supplier may withhold commissioning or suspend warranty activation where personnel are not deemed suitably qualified.
6.7 Any damage, downtime, or defect arising from operation by unqualified personnel shall void the warranty.

7. LIMITATION OF LIABILITY

7.1 The Supplier’s total liability, whether in contract, delict (tort), negligence, or otherwise, shall not exceed the total contract value of the equipment supplied.
7.2 Under no circumstances shall the Supplier be liable for loss of profit, loss of production, business interruption, labour costs, re-bagging costs, rental costs, time management costs, indirect, special or consequential damages, or penalties imposed by third parties.

8. VARIATIONS & RECTIFICATION

8.1 The Client shall notify the Supplier in writing of any alleged defect and afford reasonable opportunity for inspection and rectification.
8.2 The Client shall not appoint third parties to undertake rectification without prior written approval from the Supplier.
8.3 The Supplier shall not be liable for third-party costs incurred without written consent.

9. SUPPLY-ONLY DISCLAIMER

Where the quotation is marked “Supply Only”, the Supplier shall not be responsible for site integration, civil works, electrical works, automation integration, or material flow performance unless specifically guaranteed in writing.

10. FORCE MAJEURE

The Supplier shall not be liable for failure or delay due to events beyond reasonable control including port congestion, shipping delays, supplier default, labour unrest, natural disasters, or government action.

11. DISPUTE RESOLUTION

11.1 Any dispute shall first be referred to senior management for negotiation.
11.2 If unresolved within 14 days, the dispute shall be referred to arbitration under the Arbitration Foundation of Southern Africa (AFSA).
11.3 The arbitration shall take place in Gauteng, South Africa.
11.4 Each party shall bear its own legal costs unless otherwise awarded.

12. GOVERNING LAW

This agreement shall be governed by the laws of the Republic of South Africa.

13. ENTIRE AGREEMENT

These Terms and Conditions constitute the entire agreement between the parties.