This Terms and Conditions of Sale (the "Agreement") constitutes a binding legal contract between you and Nungu Trading 148 (PTY) Ltd t/a Makoti Down Products, the owner and operator of the makoti.co.za website (the "Site"). By ordering any product or service via the Site, you signify your acceptance of this Agreement, as it may be amended or supplemented from time to time. These terms and conditions are subject to change without prior written notice at any time, in Makoti Down Products' sole discretion.



This Agreement is intended to supplement the Website Terms of Use. Makoti Down Products takes the issue of privacy on the Internet very seriously.

Prices for all items on this site are listed in South African Rands.



1. Governing Law. THIS AGREEMENT AND ANY SALES THEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE PROVINCE OF EASTERN CAPE, SOUTH AFRICA, WITHOUT REGARD TO CONFLICTS OF LAWS RULES.



2. Other Documents. Other than as specifically provided in any separate formal purchase agreement between Customer and Makoti Down Products, these terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for product(s) which is subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both Customer and Makoti Down Products.



3. Orders; Payment Terms; Quotes; Interest. Terms of payment must be received by Makoti Down Products prior to Makoti Down Products' acceptance of an order. Payment may be made by ELECTRONIC TRANSFER, DIRECT BANK DEPOSIT, BANK GUARANTEED CHEQUE, MONEY ORDER, OR WIRE TRANSFER unless Makoti Down Products has agreed to credit terms. Invoices are due and payable within payment terms of the invoice, measured from the date of the invoice. Makoti Down Products may invoice parts of an order separately. Orders are not binding upon Makoti Down Products until accepted by Makoti Down Products. Any quotations given by Makoti Down Products will be valid for the period stated on the quotation. Customer agrees to pay interest on all past-due sums at the highest rate allowed by law.



4. Shipping Charges. Separate charges for shipping and handling will be shown on the invoice(s).



5. Title; Risk of Loss. Title to products passes from Makoti Down Products to Customer on receipt of payment and shipment from Makoti Down Products' facility. Loss or damage that occurs during shipping by a carrier selected by Customer is Customer's responsibility.



6. Pricing. Prices in effect at the time of purchase reflect the daily market conditions and the dynamic nature of retailing on the web. The more aggressive the marketplace is, the more frequent price fluctuations and changes occur. Given the dynamic nature of the internet marketplace, we are unable to provide a price protection guarantee nor do we offer credit for price changes that have occurred after you have received a purchase from us.



7. International Orders. International orders are shipped only from our south African offices and are automatically insured for the full value of the shipment. Customer is responsible for all customs, duties and taxes payable at the country's customs offices when these goods are imported into his/her country. Rates for duty and taxes vary from country to country. As Makoti Down Products does not know the duty rates for individual countries, you are advised to check locally with your government customs agents to see what rate you would pay for these 'electronic navigation' goods. In the event any customs, duties, taxes, or additional handling fees for your order are billed back to us, you agree that Makoti Down Products can automatically bill you for an amount equal to the sum of the additional fees PLUS a R150.00 (ZAR) handling fee. You can avoid these charges by ensuring that all fees have been paid when you pick up your package. Depending on the value of your order and/or your country of destination, we may require additional identification and/or pre-payment by wire transfer prior to your order being processed and shipped. If we deem this necessary, you will be advised by return email and your order will be held 'pending' until resolved. In the event that an order fails to arrive at your international destination, Makoti Down Products will track the shipment and reroute it if necessary. If the shipment is lost, Makoti Down Products will submit an insurance claim for the order and will provide a refund to you immediately upon receipt of the insurance claim refund. This can take upwards of 30 days in some instances. Once your order has been processed and has left our facilities, the shipment cannot be stopped. In the event that you refuse to accept delivery of the shipment in your country, Makoti Down Products will act to have the goods immediately returned, and upon receipt, you agree that Makoti Down Products will refund you the full amount of your order, less all shipping, handling, and insurance fees to ship the goods to you, AND less all shipping,
handling, and insurance fees to have the goods returned to us. Returns for goods shipped internationally are permitted if the item is defective within 30 days from the date of shipment. Defective items can be returned for repair or replacement, at our discretion. You are responsible for returning the goods to us at your expense, and once repaired, we will pay shipping costs to have the goods shipped back to you.



8. South African Speed Services Shipments. At customer's request, Makoti Down Products will ship goods to customer using South African Speed Services. Customer agrees that any and all Makoti Down Products liability for delivery of goods shipped using any Speed Services service ends when the goods leave the Makoti Down Products warehouse. Makoti Down Products will insure all shipments for maximum value and will ship goods using a Speed Services Tracking number if and when available. In the case of lost or missing shipments, customer agrees that his/her sole remedy is to provide notice of such lost or missing shipment to Makoti Down Products, after which Makoti Down Products will file a claim for the missing package, and upon payment of such claim by the Speed Services to Makoti Down Products, Makoti Down Products will immediately refund the customer. Note that the claim process for lost or missing Speed Services shipments may take 3 months or longer.



9. Disclaimer of Warranties. Makoti Down Products warrants that it will replace any defective products purchased through the Site at any time within the thirty (30) days following your purchase of the item upon the proper return of products in ccordance with our return policy. THE FOREGOING WARRANTY AND RETURN POLICY IS MADE EXPRESSLY IN LIEU OF ANY OTHER WARRANTIES OR GUARANTIES. Makoti Down Products EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES OF ANY
KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME STATES 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 STATE TO STATE. ANY MPLIED WARRANTY OR WARRANTIES SHALL EXPIRE ON EXPIRATION OF ANY EXPRESS WARRANTY.



10. Waiver and Limitation of Liability. You hereby acknowledge that the warranty provided herein and the accompanying obligations and liabilities of Makoti Down Products are exclusive and you hereby waive all other remedies, warranties, guarantees or liabilities, express or implied, arising by law or otherwise, whether or not occasioned by the negligence of Makoti Down Products. You acknowledge by your use of Makoti Down Products products that your use of the products and any reliance upon them is at your sole risk, and that you assume full responsibility for all such use.
Makoti Down Products HAS PRICED ITS PRODUCTS UPON THE UNDERSTANDING, AND YOU HEREBY ACKNOWLEDGE THE UNDERSTANDING, THAT Makoti Down Products WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY FORM OF CONSEQUENTIAL, INCIDENTAL, STATUTORY, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES OF WHATEVER KIND OR TYPE ARISING FROM ANY TYPE OF COMMERCIAL, BUSINESS, ENVIRONMENTAL, TORT, WARRANTY, CONTRACT, STRICT LIABILITY OR OTHER CAUSES ARISING DIRECTLY OR INDIRECTLY FROM OR IN CONNECTION WITH ANY PRODUCT AND/OR ITS USE.



YOU AGREE NOT TO JOIN IN ANY LAWSUIT WITH ANOTHER PERSON OR SERVE AS A CLASS REPRESENTATIVE OF ANY CLASS ACTION LAWSUIT AGAINST Makoti Down Products ARISING OUT OF YOUR PURCHASE OR USE OF PRODUCTS ORDERED VIA THE SITE.



11. Indemnification. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD COMPLETELY HARMLESS Makoti Down Products FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING ATTORNEYS' FEES, ARISING FROM OR RELATED TO YOUR USE OF THE PRODUCTS PURCHASED VIA THE SITE.



12. Headings. The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived therefrom.