GearWorx Technical Solutions – Sales & Support Terms & Conditions

1. Introduction

These Terms & Conditions govern all quotations, sales, installations, rentals, support services, and related work supplied by GearWorx Technical Solutions (Pty) Ltd (“GearWorx”). By accepting any quotation, invoice, proposal, or service from GearWorx, the client agrees to these Terms & Conditions.

 

2. Quotations & Pricing

2.1 All quotations are valid for 24 hours unless otherwise stated, due to market instability affecting fuel costs, shipping, exchange rates, and imported product pricing.

2.2 Pricing is subject to stock availability, exchange rate fluctuations, supplier pricing changes, and shipping adjustments.

2.3 Quotations may exclude delivery, accommodation, rigging, electrical work, networking, or structural requirements unless specifically stated.

2.4 GearWorx reserves the right to revise quotations should project scope, timelines, product availability, or specifications change.

2.5 Estimated lead times are subject to supplier and shipping conditions and may change without notice.

 

3. Orders & Payments

3.1 No equipment will be ordered, reserved, or scheduled until the required deposit or full payment has cleared in GearWorx’s bank account.

3.2 Standard payment terms are:

• 70% deposit upfront for equipment orders unless otherwise agreed

• Balance payable upon project sign-off or within 7 days, unless otherwise agreed in writing

3.3 Custom-order, imported, or specially sourced products may require full upfront payment.

3.4 Late payments may incur interest and/or collection fees.

3.5 GearWorx reserves the right to suspend work, support, delivery, or access to systems should payments become overdue.

3.6 Ownership of all equipment supplied remains with GearWorx Technical Solutions (Pty) Ltd until all outstanding amounts have been paid in full.

 

4. Installation Services

4.1 Installation dates are provisional until confirmed in writing.

4.2 Clients are responsible for ensuring the site is safe, accessible, and ready for installation.

4.3 Delays caused by third parties, construction, electrical issues, networking issues, weather, or client readiness may result in additional charges.

4.4 GearWorx will take reasonable care during installation but cannot be held responsible for existing building defects, hidden services, or structural limitations.

4.5 Additional work requested outside the quoted scope may be billed separately.

4.6 Final tuning and optimisation may require follow-up visits once the venue is fully operational.

 

5. Equipment & System Performance

5.1 GearWorx recommends solutions based on venue size, budget, technical requirements, and operational needs.

5.2 GearWorx cannot guarantee performance where existing client-supplied equipment, mismatched systems, or non-recommended products are integrated against professional advice.

5.3 System performance may be affected by room acoustics, building structure, power quality, environmental conditions, and operator use.

5.4 Any modifications made by third parties after installation may affect system performance and may void support obligations.

 

6. Support & Call-Outs

6.1 Support is provided during standard operating hours unless otherwise agreed.

6.2 Emergency, after-hours, weekend, or public holiday support will be billed at double rates, including any applicable travel costs.

6.3 Remote support is provided where possible before on-site call-outs are scheduled.

6.4 Call-out fees may apply where issues are caused by user error, third-party modifications, power issues, networking problems, or unrelated equipment. Telephone, WhatsApp, and remote support may also be billable depending on the level of support required. Clients are encouraged to enquire about GearWorx SLA agreements for ongoing support coverage.

6.5 GearWorx will make reasonable efforts to respond promptly but cannot guarantee fixed response times unless covered under a separate SLA agreement.

 

7. Warranty

7.1 Manufacturer warranties apply to products supplied by GearWorx.

7.2 Warranty claims are subject to supplier inspection and approval.

7.3 Warranties do not cover:

• Accidental damage

• Misuse or negligence

• Water or environmental damage

• Power surges or electrical faults

• Unauthorized repairs or modifications

• Normal wear and tear

7.4 Labour, transport, accommodation, and reinstallation costs related to warranty claims may be charged separately unless specifically covered.

7.5 For any rigging, flown equipment, lifting hardware, or systems requiring periodic servicing, certification, or inspections, it remains the client’s responsibility to arrange these inspections and maintenance schedules with GearWorx or an appropriately qualified provider.

 

8. Rentals & Loan Equipment

8.1 Rental or loan equipment remains the property of GearWorx at all times.

8.2 The client accepts responsibility for all rental or loan equipment from the time of delivery or collection until returned.

8.3 Any loss, theft, damage, misuse, or missing items will be charged to the client at full replacement value.

8.4 Equipment must be returned in the same condition supplied, excluding reasonable wear from normal use.

 

9. Client Responsibilities

9.1 Clients are responsible for ensuring appropriate power, internet, networking, electrical compliance, and environmental conditions.

9.2 Clients must provide safe and reasonable access to venues and equipment.

9.3 Clients are responsible for the operation of systems once training and handover have been completed.

9.4 Any concerns or defects must be reported within 7 days of installation or delivery.

 

10. Intellectual Property & Documentation

10.1 All drawings, designs, programming, DSP files, documentation, and system configurations created by GearWorx remain intellectual property of GearWorx unless otherwise agreed in writing.

10.2 Clients may not reproduce, distribute, or share proprietary documentation or system files without written consent.

 

11. Limitation of Liability

11.1 GearWorx shall not be liable for indirect, consequential, or financial losses arising from equipment failure, downtime, delays, or system misuse.

11.2 Maximum liability shall not exceed the total value of the equipment or services supplied.

11.3 GearWorx shall not be responsible for losses caused by supplier delays, import delays, force majeure events, load shedding, internet outages, or circumstances beyond reasonable control.

 

12. Cancellations & Returns

12.1 Deposits on special-order or imported items may be non-refundable.

12.2 Returns are subject to supplier approval and may incur handling or restocking fees. Any returns accepted by special agreement may be subject to a handling fee.

12.3 Installed, used, programmed, or custom-configured equipment may not qualify for return.

 

13. Acceptance

13.1 Acceptance of any quotation, invoice, purchase order, delivery, installation, or service constitutes acceptance of these Terms & Conditions.

13.2 Electronic approval, email confirmation, or payment toward a quotation shall be deemed acceptance.

 

14. POPIA & Data Protection

14.1 GearWorx Technical Solutions (Pty) Ltd complies with the Protection of Personal Information Act (POPIA) of South Africa.

14.2 Any personal or business information supplied by clients will be used solely for legitimate operational, support, communication, invoicing, and project-related purposes.

14.3 GearWorx will take reasonable steps to protect client information from unauthorized access, misuse, or disclosure.

14.4 Client information will not be sold or distributed to unrelated third parties unless required for operational purposes, supplier engagement, delivery logistics, legal compliance, or where consent has been provided.

14.5 By engaging with GearWorx, the client consents to reasonable communication regarding quotations, projects, support services, invoicing, and related business operations.

 

15. Governing Law

These Terms & Conditions shall be governed by the laws of the Republic of South Africa.

 

16. Contact Information

GearWorx Technical Solutions (Pty) Ltd

For all support, accounts, or service queries, please contact the GearWorx team directly through our official communication channels.

Phone: 087 550 0951

E-Mail: admin@gearworx.co.za