General terms and conditions of sale – September 2024
These general terms and conditions of sale govern the sale of products and services by Control Automation to the customer. Additional terms may apply to services provided by Control Automation Ltd (for example, the Business Subscription Agreement). If these additional terms are inconsistent with the Terms and Conditions, the additional terms will prevail over these Terms and Conditions.
Please read these terms and conditions carefully before placing an order with Control Automation Ltd. By accepting an order, the customer acknowledges that they accept these terms and conditions in full.
The customer expressly waives the right to apply their own terms and conditions, even if these were drawn up at a later date. Any deviation from these terms and conditions must be expressly agreed in writing.
--------------------------------------------------
RATES AND INDEXATION
Service charges are subject to annual review on 1 January, in line with changes in economic conditions in Mauritius.
The review is based in particular on:
- the Consumer Price Index (CPI) published by Statistics Mauritius,
- labour costs,
- the costs of technology solutions, licences and infrastructure,
- as well as market conditions.
Travel expenses are adjusted in line with changes in fuel prices published by the relevant authorities (State Trading Corporation) and logistics costs.
Where applicable, the tariff adjustment may be calculated using the following formula:
New rate = Current rate × (Current index / Base index)
The reference index is the one in force on the date the contract was signed or at the time of the last tariff review.
--------------------------------------------------
Unless otherwise stated, our invoices are payable immediately. In the event of non-payment by the due date, a fixed interest rate of 10% will be applied to the outstanding amount. Control Automation Ltd reserves the right to suspend all services without notice in the event of late payment.
In the event of persistent non-payment more than sixty (60) days after the due date, Control Automation Ltd may engage a debt collection agency. All associated costs shall be borne by the customer.
Some countries apply withholding tax in accordance with their domestic legislation. Any such tax is the sole responsibility of the customer. Control Automation Ltd will receive the full invoiced amount, excluding local tax charges.
Payment for subscriptions is due in advance. In the event of a delay of more than 15 days, Control Automation Ltd reserves the right to suspend services, without prejudice to the amounts due.
Control Automation Ltd undertakes to provide the services within the agreed timeframes. However, its obligations are obligations of means and not of result.
Any complaints must be made in writing within 8 days of the service being provided or the goods being delivered.
To the extent permitted by law, the aggregate liability of each party is limited to 50% of the total amount paid during the 12 months preceding the dispute.
Control Automation Ltd reserves the right to amend these terms and conditions at any time. The applicable terms and conditions are those in force at the time of the order.
Contractual relations are governed by Mauritian law. Any dispute shall fall within the exclusive jurisdiction of the courts of Port Louis (Mauritius).