Terms and Conditions (“Ts & Cs”) relating to the “Matrix MX3” & free LLumar smash & grab film application promotion.
The following expressions shall bear the following meanings and related expressions bear corresponding meanings:
* “Customer” shall mean the party with whom MiX Telematics has entered into a MiX Telematics Agreement;
* “Fitment Centres” shall mean the physical outlets through which Customers may purchase and install MiX Telematics products;
* “MiX Telematics Agreement” means the written standard agreement that MiX Telematics requires all its Customers to sign prior to MiX Telematics installing the Product.
* “Product” shall mean the Customer entering into a MiX Telematics Agreement for the supply by MiX Telematics to the Customer of a Matrix MX3 unit and related services;
* “Promoter” shall mean MiX Telematics Africa Pty (Ltd) of Howick Close, Waterfall Park, Midrand, Johannesburg, South Africa;
* “Promotion” shall mean the offer by MiX Telematics to its Customers whereby if a Customer enters into a MiX Telematics Agreement for a Product to be installed in a light commercial vehicle, then Llumar Films will install one Window Film application for the Customer at no additional charge;
* “Promotion Period” shall mean 1 August to 30 September 2016, or such other period as MiX Telematics may in its sole discretion advise to the Customer in writing; and
*“Window Film” means the Llumar anti-smash and grab tinting film of 100 microns and 35% visible light transmission only.
- HOW TO ACCESS THE PROMOTION
A Customer must purchase a Product from any of the 5 participating Fitment Centres during the promotional period. These Fitment Centres are:
6 Cascades Centre, Nelspruit, Mpumalanga
2.2. CRS Pitstop
122 North Rand Rd, Boksburg, Gauteng
2.3. Car Security and Sound Centre
207 Corlett Dr, Bramley, Gauteng
2.4. Motor Logic
Mercedes Benz Premises, Hendrik Verwoerd Drive, Centurion, Gauteng
2.5. South Coast Car Radio and Airconditioning cc
Shop L05 Arbour Crossing, Amanzimtoti, Kwazulu-Natal
- THE PROMOTION
The Customer will be entitled to 1 Window Film application with the purchase of the Product. In the event that the Customer already has a Window Film or similar product fitted in his vehicle, the Customer will have the option of having the Window Film application fitted in another light commercial vehicle of the Customer’s choice (in the vehicle of a direct family member or business vehicle of the business which is owned directly by the Customer, etc.) AND WITH THE PERMISSION OF THE OWNER OF SUCH VEHICLE; AND THE CUSTOMER WARRANTS THAT HE OR SHE HAS THE PERMISSION OF SUCH PERSON. The Window Film application will also include the removal of old film, if required.4. TERMS OF THE PROMOTION
4.1. The free Window Film will only be offered if a Product has been purchased.
4.2. The Customer must sign an acknowledgement form in the format as specified by the Promoter once the free Window Film has been fitted, being an Acknowledgement of Fitment of LLumar Smash & Grab Safety Film.
4.3. Both the Product and the free Window Film must be fitted at the same Fitment Centre.
4.4. THE PROMOTER WILL NOT BE HELD RESPONSIBLE FOR DEFECTS OR DAMAGES OR LOSS TO ANY PROPERTY OF THE CUSTOMER RELATED IN ANY WAY TO THE WINDOW FILM OR INSTALLATION THEREOF; AND IN ADDITION, THE CUSTOMER HEREBY INDEMNIFIES THE PROMOTER AGAINST ANY CLAIM FOR DAMAGES (INCLUDING BUT NOT LIMITED TO ALL LOSSES, LIABILITIES, AND DAMAGES RELATING TO OR ARISING FROM THE INSTALLATION OF THE WINDOW FILM INTO ANY VEHICLE AS DIRECTED BY THE CUSTOMER, HOWSOEVER ARISING, WHETHER OUT OF BREACH OF EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, MISREPRESENTATION, NEGLIGENCE, VICARIOUS OR STRICT LIABILITY, IN DELICT, OR OTHERWISE, AND WHETHER FORESEEN BY THE CUSTOMER OR NOT) THAT MAY BE BROUGHT AGAINST THE PROMOTER BY ANY THIRD PARTY.
4.5. Queries relating to the Window Film must be directed at the Fitment Centre or LLumar Films.
4.6. The Promoter retains the right to charge the Customer at the prevailing price applicable at the date of installation for the Window Film should the Customer not adhere to the terms as contained in these Ts & Cs.
4.7. The Customer agrees to fit the free Window Film at his/her own risk. The Promoter will not be liable for any damage or injury whatsoever incurred by any Customer when participating in the Promotion (including but not limited to any indirect or consequential loss).
4.8. These Ts & Cs will be made available on the Promoter’s website at http://www.matrix.co.za during the Promotion Period.
4.9. By reading and accepting these Ts&Cs, the Customer gives consent to these risks and hereby indemnifies and holds harmless the Promoter; its directors, employees and agents of any and all liability pertaining to any damage, cost, injuries and losses of whatever nature sustained as a result of the Customer’s participation in the Promotion.
4.10 The Customer must enter into a written MiX Telematics Agreement with the Promoter for the supply to the Customer of the Product, and such written agreement is hereby incorporated into these Ts & Cs by reference, and in the event of any conflict between the MiX Telematics Agreement, and these Ts & Cs, then the MiX Telematics Agreement with the Promoter for the supply to the Customer of the Product will prevail over these Ts & Cs.
4.11. If the customer terminates their contract with MiX Telematics before the contract expiry date for the MX3 device which was fitted as part of the promotion, they may be liable to paying for all of or a portion of the value of the LLumar film applied to the vehicle.
4.12 These Ts & Cs constitute the whole of the agreement between the parties hereto relating to the subject matter hereof and the parties will not be bound by any terms, conditions or representations whether written, oral or by conduct and whether express or tacit not recorded herein.