19. Indemnity

You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:

19.1. your failure to comply with the law of any country;
19.2. your breach of this agreement;
19.3. any act, neglect or default by any agent, employee, licensee or customer of yours;
19.4. a contractual claim arising from your use of the Goods;
19.5. a breach of the intellectual property rights of any person.

20. Intellectual Property

20.1. We will defend the intellectual property rights in connection with our Goods and Our Website, including copyright in the Content whether provided by us or by any other content provider (including copyright in: text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).
20.2. Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.
20.3. You may not use our name or logos or trademarks or any other Content on any website of yours or that of any other person.
20.4. Subject to the other terms of this agreement, you may download or copy Content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content.
21. Miscellaneous matters
21.1. When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.
21.2. Where we provide goods without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be
associated with any other Goods for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of those goods or that service.
21.3. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
21.4. EMD respects your privacy, takes reasonable steps to protect your personal information as defined in the Promotion of Access to Information Act 2000 and Protection of Personal Information Act 2013. Our compliance with the legislation is set out in Privacy Policy.
21.5. The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
21.6. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
21.7. Any communication to be served on either party by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-mail.
It shall be deemed to have been delivered:
if delivered by hand: on the day of delivery; if sent by post to the correct address: within 72 hours of posting; If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender.
21.8. In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.
21.9. This agreement does not give any right to any third party.
21.10. Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond his reasonable control
21.11. In the event of any conflict between any term of this agreement and the provisions of the memorandum of incorporation of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
21.12. The validity, construction and performance of this agreement shall be governed by the laws of the Republic of South Africa

 

22. Quotations

22.1 All quotations provided by EMD Online is only valid for a maximum of 7 calendar days with the condition that stock is still available.
22.2 Quotation pricing are subject to change if and when items go out of stock and new replacement items have to be ordered in within the 7 day period.
22.3 Special order items will only be ordered once payment has been received by our clients. This will delay the delivery times of the order