1. INTERPRETATION & DEFINITIONS

1.1. Words & meanings assigned alongside:
1.2. “Ad hoc Fees” means Fees due by the Customer to HWS arising from repairs performed at the Customer’s request that fall outside of the ambit of HWS Service obligations and any other Fees or charges due in terms of this Agreement.
1.3. “Agreement” means the agreement between HWS and the Customer for the Service being rendered by HWS together with any application of the Customer, Schedules and or annexures forming part hereof and or as amended from time to time.
1.4. “Beyond Economical Repair” means an Appliance that HWS believes will cost more to repair than the market value of the Appliance.
1.5. “Customer” means the person whose Water Heat Appliance HWS has agreed to maintain Or repair on the terms and conditions set out in this list.
1.6. “Hot Water Supreme” or “HWS” means a private company trading as Hot Water Supreme with principle place of business at Midrand Cnr Gallagher & Richards, South Africa and its successors in title and assigns; whereby all post-sale services will be performed by HWS.
1.7. “Fee/s” or “Service Fee/s” means the fee payable by the Customer to HWS in consideration for HWS providing Services/ Repairs to the Customer;
1.8. “Repair Value” means the commercial value of a repair and shall be calculated with reference to HWS standard labour rates from time to time (currently R628.00 (six hundred and twenty eight Rand)) per 0-1 hour, and the list price of any parts and consumables required for a repair.
1.9. “Service” means the performance of the necessary repairs to restore the Appliance/s to working order during the currency of this Agreement and “Maintain” shall have a similar meaning.
1.10. “Service Agent” means a sub-contractor to HWS that HWS has contracted to collect, deliver or repair Geyser, Heat Pump, Boiler OR Hvac System.
1.11. “Service Area” means the area within a fifty (50) kilometre radius of each of HWS’s service agents from time to time.
1.12. “Service Product/s” means a matrix of maintenance services and bundles that HWS may offer from time to time permitting the Customer to nominate one or more Appliances to be maintained Or repaired by HWS in consideration for the corresponding Fees.
1.13. “Technical Failure” means a failure of a mechanical part of the Appliance due to latent defect or as a result of normal wear and tear.

2. Service Products: As per Section B first aforementioned herein -

2.0.5. Heat Pumps (Commercial & Domestic), Electrical Geysers, Gas Geysers, Solar Geysers, Boilers & Water Heating Solutions Inc Hvac
2.1 Additional Options: HWS may, from time to time, add additional ancillary services to its Service Product offering and these terms and conditions will apply, mutatis mutandis.
2.2 Information Required:
2.2.1 When nominating an Hvac Appliance, the Customer will be required to provide, inter alia, the make and model of the Appliance/s.
2.2.2 In the event that the information is incomplete or incorrect in any way and whether material or not, HWS shall at its sole discretion not be required to provide Services and shall be entitled to cancel the Angagement upon notice to the Customer.

3. Services

3.1 HWS hereby repair & maintains the Hvac Appliance/s mentioned in ITEM 2.0.5, subject to these terms and conditions and in particular the exclusions and exceptions set out therein.
3.2 To this end, HWS will provide, at a Fee to the Customer, labour and parts which HWS, in its sole discretion considers necessary to restore the appliance to working order following a Technical Failure to the maximum of the:
3.2.1 Appliance Maximum Repair Value Limit, and
3.3 HWS’ obligation to Maintain the Hvac Appliance will be suspended for any period during which the Customer has not paid the requisite once-off, monthly or annual maintenance Fee/s.
3.5 HWS will, however, provide telephonic troubleshooting support and assistance through our qualified HWS Support team, on parts that could be faulty for a fee equivalent to R628.00 without sending in a representative to the customer.

4. Fees & Payment, Administration & Ad-hoc Fees

4.1 Fees are payable as per Section 14 (Acceptance Of Quotation & Perfomance of Work) aforementioned herein.
4.2 Unless Specifically Mentioned, A Deposit For Work In Progress Of no less than 80% of the quoted value is required, and the balance on completion.
4.3 Refer to ITEM 11

5. General Extensions and Exclusions

5.1 The extensions and exclusions set out in this clause apply to all Appliances, regardless of the product category into which they fall.
5.2 HWS Service obligation includes:
5.2.1 Email and telephonic access to HWS’ technical service call centre during office hours.
5.2.2 Telephonic support and fault diagnosis.
5.2.3 In-Home Service unless specified otherwise in the relevant product category or where the Customer’s home is outside of the Service Area.
5.2.4 Physical repairs to the Hvac Appliance to correct a Technical Failure of the Appliance.
5.2.5 Re-connection of any Appliance disconnected or removed for repair.
5.3 Technical Failure excludes, inter alia, the following & Is not Covered in the Repairs OR Service warranty:-
5.3.1 Any use of the Hvac Appliance for a purpose or duration for which it is not commonly intended to be used, including commercial appliances.
5.3.2 Any use of the Appliance for commercial or business purposes which was originally designed for domestic purposes
5.3.3 Any accident to, neglect, abuse or misuse of the Appliance, including missing parts or defective discs or other media.
5.3.4 Moisture, water damage, corrosion, rust, or other environmental factors.
5.3.5 Rodents, insects or other pestilence.
5.3.6 “Force Majeure” a disastrous natural event outside human control, such as some floods, an earthquake, hurricane or volcanic eruption, and including lightning.
5.3.7 Electrical surge, including as a result of load shedding.
5.3.8 Tampering with or repair by any non-HWS approved person.
5.4 HWS' Service obligation (Service Warranty) excludes: –
5.4.1 The electricity supply to the Appliance, including the wiring from the plug socket to the Appliance.
5.4.2 Cosmetic parts, such as the exterior of the Hvac Appliance or any cabinet containing the Hvac Appliance.
5.4.3 Batteries for Controllers, filters or other consumable items.
5.4.4 Any interaction with Multichoice, Cellular Service Provider, or any other provider of content with regard to the connection of smart cards or account queries.
5.4.5 The repair of any Appliance that is still under a manufacturer’s warranty or within ninety days after the manufacturer has affected a repair. HWS will, however, liaise with the manufacturer to assist the Customer in this regard.
5.4.6 The repair of any Appliance subject to a manufacturer or distributor recall.
5.4.7 The repair of any Appliance not correctly listed in the Schedule.
5.4.8 Defects that pre-date the inception of the Service Agreement that were known or should reasonably have been known to the Customer.
5.5 The Customer agrees that HWS shall not be required to keep any parts removed from any Appliance separate, nor to provide any such parts to the Customer.
5.6 If the Customer disputes whether a repair falls within one of the exclusions listed in this Agreement, then the dispute shall be referred to a qualified technician nominated by HWS, who shall act as an expert and whose decision shall be final and binding on HWS and the Customer.
5.7 For the avoidance of doubt, HWS will not consider the following categories of Appliances:
5.7.1 Small Boilers & Appliances used as Alternatives for heating water except mentioned above.
5.7.2 Rear-screen projection televisions, vcr’s and other outmoded technology.
5.7.3 Hvac Appliances that are more than eight years old will have to go through an evaluation process. Only then it will be deemed as a unit repairable / that can be added to the cover plan in question. (any appliance that is more than eight years old will automatically form part of this agreement)
5.7.4 Appliances that are “grey” or parallel imports and appliances that are not supported by the local representatives of imported appliances.
5.7.5 Appliances situated outside the borders of the Republic of South Africa.

6. Specific Exclusions

6.1 The exclusions set out in this clause apply to all relevant Appliances and Appliance Categories, but are listed here under particular categories for ease of reference.
6.2 Audio-visual Appliances – Service Excludes: –
6.2.1 Service of any antennae, aerial, satellite dish, LNB or cabling to the Appliance.
6.2.2 Any tapes, DVD’s or data stored on any hard drive or storage medium of any kind, it being acknowledged that repairs to hard drives / swap-outs of PVR devices are likely to result in recorded data and programmes being deleted.
6.3 Kitchen Appliances – Service Excludes: –
6.3.1 Plumbing required between the water supply of the home and the Appliance.
6.3.2 Gas leaks in refrigerators or freezers, which in the opinion of HWS cannot be repaired. Light bulbs, glass shelves or icemakers in a refrigerator.
6.3.3 Drain hoses and water supply hoses.
6.3.4 Damage caused by foreign objects, blocked filters, pumps and drains.
6.3.5 ICT Appliances – Service Excludes: –
6.3.5.1 Software or data loss or corruption of any kind, whether due to viruses, malware or as a result of the Technical Fault, it being acknowledged that the Customer is obliged at all times to ensure that the Appliance is protected from viruses and other malware and that the Customer’s data is fully backed up.
6.3.5.2 Reconstitution, retrieval, backing up or transferring any data on an appliance regardless of whether the fault relating to the device has deleted or corrupted data or that repairs to the appliance are likely to delete the data or where hard drives or other memory media need to be replaced.
6.3.6 In-home Service where the appliance in question is of a portable nature such as a laptop, tablet, game console and the like; the Customer is required to bring such appliances to HWS’s nominated service agent.

7. Service Levels & Warranty Claims

7.0.5 HWS has a 3 - 6 Months Workmanship & product warranty, Please consult with terms of the Quotation. If not mentioned in case of verbal Quotations, 3 Months applies.
7.0.5.2 In case of parts installations with non moving parts, HWS sometimes can issue Upto 12 Months Warranty.
7.0.5.3 In Case of 12-36 Months warranty Installations, the manufacturer is responsible for the remaining warranty period extending outside 12 months, hence manufacturer consultations are required to fulfill the warranty obligations
7.0.5.4 In case of products, parts or movables that are damaged due to Non-technical failure; power surge, lighting, over and under voltage circumstances or load shedding, HWS is excluded from warranty obligations as these cases are not covered by the supplier/ manufacturer guarantee.
7.1 The Customer is required to request maintenance (no later than 30 days after the fault becomes evident as well as from day of initial repair) by calling HWS call-centre during office hours and providing the call centre agent with, inter alia, the following details:
7.1.1 The Service Order number, Invoice Number Or Job Card Number.
7.1.2 Updated contact numbers and confirmation of physical address.
7.1.3 The make and model of the Appliance that requires repair.
7.1.4 A full description of the reason that the Appliance requires repair.
7.2 HWS will endeavour to responds to a request for maintenance within a reasonable time of the request being received, which shall depend on the nature of the request, type of appliance, time of day that that request was received, service area and availability of appropriate resources.
7.3 Where the Appliance is located outside of HWS Service Areas from time to time, In-home Service shall not apply and Service will instead be provided on a “Carry-in” basis. : –
7.4 HWS will endeavour to repair the Appliance within a reasonable time after the initial response, but the repair time is dependent on the availability of spare parts.
7.5 HWS shall not be obliged to repair any appliance which requires repair and in respect of which the Customer has requested HWS to do so where the necessary spare parts are not available or where, in the reasonable opinion of HWS, it is Beyond Economical Repair. In this event, HWS shall be entitled, but not obliged to: –
7.5.1 Declare the Appliance to be Beyond Economical Repair, and
7.5.2 Terminate its obligations in respect of that Appliance and the Customer’s obligation to pay Service Fees in respect of that Appliance (on a pro-rate basis in the case of a multiple Appliance product), and

8. Breach

8.1 Without prejudice to any other claims and remedies that HWS may have against the Customer, HWS may cancel and terminate warranty & future contracts with immediate effect if the Customer breaches any term of this list and remains in breach for a period of ten days from the date upon which HWS notified the Customer.
8.2 Notification shall mean the dispatch by HWS of a notification, whether in the form of an email, SMS, telephone call or otherwise to such an address provided by the Customer to HWS from time to time.
8.3 The Customer shall be liable for all the Attorney’s legal costs on an attorney-and-own-client scale, including tracing costs and collection commission.

9. Data Protection

9.1 HWS shall comply with the provisions of all laws, which regulate the protection of personal data, including but not limited to the Protection of Personal Information Act No.4 of 2013 (as amended) (“POPIA”) and the Electronic Communications and Transaction Act No.25 of 2002 (as amended).
9.2 HWS shall comply with all laws, policies and procedures relating to the protection, storage, handling, privacy, processing and retention of data as well as the destruction of data, including personal data.
9.3 HWS shall ensure that the personal information or data obtained from the Customer is processed for only the express purpose for which it was obtained.
9.4 HWS agrees that we may obtain personal information, for the duration of this Agreement, for the fulfillment of the rights and obligations contained herein and may only further process such information for the specific purposes for which it was obtained.
9.5 The Customer agrees that HWS may share their personal information with its affiliates, partners or staff in order to provide the products or render the services.

10. General

10.1 A Technician arriving in Branded (HWS logos & Details) Or Unbranded (Plain) Car Shall be deemed a technician of the HWS company. A technician arriving in branded vehicles With Details not Relating to HWS is deemed a sub contractor.
10.2 On Arrival, a technician must have his name known to the customer and the customer upon any follow up must produce the name or number on the document that link to the technician.
10.3 The Customer is responsible for the procurement of all licenses or other compliance with any procedures required to use the Appliance
10.4 Due to the difficulty of estimating repair times and traffic conditions, it is not possible to give accurate estimates for response, repair or appointments. Accordingly, all times referred to in this agreement, including but not limited to response times, repair times and appointments shall be approximate estimates and the Customer agrees not to hold HWS liable for or to claim for any losses, particularly of a consequential or pure economic nature.
10.5 If the Customer is not a Consumer as defined in the Consumer Protection Act, then all risk in and to the Appliance from damage, loss or theft shall remain vested in the Customer for the duration of this agreement.
10.6 If the Customer is a Consumer as defined in the Consumer Protection Act, then all risk in and to the Appliance from damage, loss or theft shall remain vested in the Customer for the duration of this agreement unless such loss, damage or theft is proved to have arisen from the gross negligence of HWS or its appointed Service Agent.
10.7 HWS may, without notice, cede and assign its rights and obligations under this agreement, either absolutely or as collateral security to any person or entity whereupon the Customer shall hold the Equipment on behalf of such person instead of HWS and, if required, make the maintenance payments to that person or entity. The Customer may not cede or assign his rights in terms of this agreement without the prior written consent of HWS.
10.8 The Customer hereby indemnifies HWS against any loss or damage suffered by HWS arising out of or in connection with the Customer’s use of the Appliance/s from whatever cause and against any claims of whatever nature that may be instituted against HWS arising from the use of the Appliance/s and any consequential loss or damage arising from the foregoing.
10.9 The customer recognizes that HWS is entitled to assess its existence, details and propensity to pay and accordingly consents to HWS accessing relevant databases for the purposes of assessing this and to HWS providing information to such databases on the Customer’s propensity to pay monies due to HWS.
10.10 The Customer agrees to a payment holiday to the value and extent that or if any credit or rebate is due to the Customer.

11. PAYMENT TERMS AND COLLECTION COSTS:

11.1. Payment is due and will be collected upon completion of the repair unless arrangements are made prior to the repair. Payment may be made in cash, EFT or credit card. You agree to pay all expenses incurred by HWS for the collection of any unpaid amounts including, but not limited to all attorney’s fees, filing fees and costs. Past due amounts shall bear interest at the annual rate of 16%, or the maximum otherwise allowed by law, whichever is less.

12. CUSTOMER RESPONSIBILITIES:

12.1.Ensure an individual 18 years or older is present at time of service.
12.2. Ensure a form of payment will be available for the HWS technician during the scheduled visit
12.3. Ensure the appliance is readily accessible to service technician, if you have a stackable units, dismount the unit before the technician arrives Ex: emptying the appliance if possible
12.4. Unit must be installed.
12.5. Keep small children and pets out of the technician’s work area
12.6. Ensure all pets are controlled when the technician is at the house
12.7. Do not smoke cigarettes around our technicians

13. REFUSAL OF SERVICE:

13.1. Hot Water Supreme reserves the right to refuse service to a customer at the service technician’s discretion.
13.2.The customer will be held liable for a service fee.
13.3. Service will be refused if:
13.3.1. A customer cannot accommodate the service technician,
13.3.2. the customer is being disrespectful or belligerent,
13.3.3. if service technician feels threatened in any way or form,
13.3.4. a customer is not properly dressed upon arrival of service technician.
13.3.5. a customer has been, or is being, disruptive,
13.3.6. a customer harasses the service technician,
13.3.7. when there are health and safety concerns,
13.3.8. when a customer refuses to pay for services and/ or when a customer is intoxicated or under the influence of illegal drugs or illegal drugs are present.

14. ACCEPTANCE OF QUOTATION & PERFOMANCE OF WORK

14.1. All repairs are valid for warranty purposes provided they carry service or repair fee that is above the minimum threshold mentioned in Item 1.8
14.2. If a technician Install parts as part of diagnosis, the client has a right to refuse the Quotation, in which a non refundable Call Out Fee of R575.00 is Charged, Or R300.00 in case of Small Appliances & The installed parts are to be removed.
14.3. If the Client Accept the Parts without rejecting the service or the repair, the client is liable to pay the attenting/ responsible technician an amount not less than the stipulated R628.00. This applies even if the technician has installed parts of extremely low value ie Fuses Or has never installed anything ie Servicing Or just cleaning a mulfunctioning part.
14.4. In case Of Sub contractors, If not provided with a Quotation/ Pro Forma / Invoice with Details of the company on this website, that sub contractor has the right to negotiate different terms than provided in this list which ties the subcontractor to the agreement he/she has negotiated. HWS has no obligation, whatsoever in the fulfilment of this secondary agreement not bound with the contents of this list UNLESS Only If the subcontractor has failed to demostrate knowledge of the required expertise. The customer has a right to stop the technician and consult with the company personnel he/ she has been in contact with.

15. Refunds & Customer Withdrawal

15.1 A customer can be refunded ONLY & ONLY IF:
15.1.1 has paid the obligation fee
15.1.2 the obligation fee is above the charges set out in clause 1.8
15.1.3 A call out fee or amount stipulated by 1.8, whichever is higher is non-refundable.
15.1.4 A refund can only be processed within 21-40 calendar days
15.2. A customer can withdraw from an agreed engagement ONLY & ONLY IF:
15.2.1 Work Has not been commenced
15.2.2 If correct goods / materials have been purchased to fulfill an approved engagement;
15.2.2.1 a handling fee of 21% of the amount paid by the client is charged.
15.2.2.2 a handling fee of more than 21% may be charged if the original supplier charges more
15.2.2.3 In case the original supplier do not allow returns, a client may not have the rights to withdrawal with refund
15.2.2.3.1 the purchased goods/ material will be delivered to the client
15.2.2.3.2 HWS will not be held accountable for the client's change of mind
15.2.2.3.3 HWS reserved the right to take over the goods / materials and initiated an equivalent refund
15.2.2.3.4 HWS may not take over such goods / materials in case a loss is imminent due to goods being of special narture
15.2.3 If work has commenced, an hourly charge of R628.00 per hour
15.2.4 If any of the sections of ITEM 12 & 13 are breached.

16. Adoptation & Use Of Documentation Provided by HWS

16.1 Documentation herein Refers to Proformas, Invoices, Quotations, Assessment Reports, Certificates Etcs
16.1.1 All the provided documents are based on Face Value Evidence and prevailing market related values
16.1.2 Under no circumstances, HWS is to falsify or be requested to include Information that defraud or harm any 3rd party
16.1.3 Any Document provided by HWS is Valid ONLY & ONLY If;
16.1.3.1 The document is adopted by form of Acceptance
16.1.3.2 No Under any circumstance can our document (Reports, Quotes & Certificates) be used to claim from a 3rd party OR Insurance if we are not engaged to perform the said work
16.1.3.3 In case of 16.1.3.2, HWS has no obligation to substantiate or validate any Information provided in the said documents

17 Disclamer by HWS

17.1 You hereby acknowledge and agree that we shall not be liable to you for any loss or damage of any nature sustained by you as the result of your inability to use the Service.
17.2 Warranty: Except As Expressly Set Forth In This "Terms & Conditions", The Services To Be Purchased Under This Agreement Are Furnished As Is, Where Is, With All Faults And Without Warranty Of Any Kind, Express Or Implied, Including Any Warranty Of Merchantability Or Fitness For Any Particular Purpose