Terms and Conditions

Note: A reference to "the company" shall include Trappie, its holding company Rhombus Blue Innovations (Pty) Ltd, its directors, officers, employees, agents, and affiliates, collectively and individually, as applicable.

LIMITED LIABILITY

The Company shall not be liable for any defect in the goods by reason of faulty production, workmanship, quality of raw materials or otherwise unless it is established that the goods were correctly installed, properly cared for and used, and the Customer notifies the company in writing of the defect within 6 months of the delivery of the goods.
The Company's liability shall be limited, at its option, to repairing such goods free of charge or supplying the Customer with similar replacement goods free of charge or passing a credit for the purchase price of the goods provided that the Company shall under no circumstances whatsoever be responsible for any consequential or other damages whatsoever.
Notwithstanding anything to the contrary contained or implied in these conditions the liability of the Company arising out of any defect in the goods shall not exceed the purchase price of the goods concerned.
Save as set out herein all conditions, terms, warranties or representations (express or tacit or implied in terms of the common law) as to quality, fitness, performance or otherwise in relation to the goods are to the extent permitted by law, excluded. Liability on the following bases is expressly excluded:
(a) A warranty that the object is suited for purpose.
(b) Any manufacturer’s liability for damages caused by the presence of a latent defect.
(c) Any liability for damages caused by the presence of a latent defect in the product if such liability would be consequent upon the company confessing to be an expert manufacturing seller.
(d) Any liability for negligently failing to perform sufficient trials where the use of the product in the prescribed manner proves to be damaging alternatively potentially damaging to the user.
(e) Any liability resulting from the use of the product other than in the prescribed manner as set out under the heading “USER INSTRUCTIONS AND WARNINGS” in the brochure accompanying these terms and available on the website www.trappie.co.za and accepted by the purchaser at the time of purchase.

VOETSTOOTS SALE

The product is sold “voetstoots” and no warranty against latent defects is given by the company.

RESTRICTED LIABILITY

The company does not accept liability for the payment of any damages or loss resulting from the personal injury or serious harm to or death of any person, howsoever caused, and resulting from the use of the product and whether or not such injury or death was caused by a negligent act or omission of the company, its management, directors, or employees or any other person, company, association, corporation or any other entity associated with the company in any capacity and for whose actions the company might be held liable under any circumstances.

ACKNOWLEDGEMENTS

The purchaser acknowledges that:

Use of the product other than in the prescribed manner may result in bodily injury, serious harm and even death.
The product would be fixed to a stroller and used to convey children of tender years who may not yet be legally accountable and that, as a result, the product should never be used by children without the supervision of an adult and without an adult being in control of the stroller.
The company does not have any control over the use to which the product is put and has no control over the issue whether the product is used in the prescribed manner and whether the product is used under the supervision of an adult and while an adult is in control of the stroller and, resulting from this acknowledgement:

(a) The purchaser undertakes to use the product only in the prescribed manner while under the supervision and control of an adult; and

(b) Agrees that the use by the purchaser in the prescribed manner would be at the purchaser’s own risk.

(c) Agrees and acknowledges that the company cannot contractually protect itself against liability for bodily injury, serious harm or death arising from the use of the product by third parties other than in the prescribed manner or because of it being used while not under the supervision and control of an adult as set out above.

(d) Undertakes to obtain an indemnity in the format set out in the indemnity contained in Schedule “T1” to these terms, from any person to whom he sells the product or who he allows to use the product while he owns the product or is in possession of the product and able to control who uses the product.

(e) To indemnify the company from liability in terms of the indemnification contained in Schedule “T1” to these terms.
The purchaser understands and accepts that the use of this product may cause additional wear and tear on the stroller with which it is used. The company makes no representations or warranties regarding the impact of the product on the stroller’s performance, and such use may affect any existing warranties on the stroller. The purchaser agrees that the company shall not be liable for any warranty claims related to stroller damage resulting from the use of this product.

BREACH

Should either Party ("Defaulting Party") commit any breach of any provision of this Agreement and fail to remedy such breach within seven days after receiving written notice from the other Party ("Aggrieved Party") requiring the Defaulting Party to do so, then the Aggrieved Party shall, without prejudice to its other rights in law, be entitled to claim immediate specific performance of all of the Defaulting Party's obligations then due for performance, without prejudice to the Aggrieved Party's right to claim damages.

DOMICILIUM AND NOTICES

The Parties choose domicilium citandi et executandi ("Domicilium") for all purposes relating to this Agreement, including the giving of any notice, the payment of any sum, the serving of any process, as follows

THE COMPANY
Email: info@trappie.co.za

THE CUSTOMER
Email as provided during the online purchase of the product.

Either Party shall be entitled from time to time, by giving written notice to the other, to vary its Domicilium to any other physical address (not being a post office box or poste restante) in South Africa and to vary its facsimile and/or email Domicilium to any other facsimile number and/or email address.

Any notice given by either Party to the other ("Addressee") which is delivered by hand between the hours of 09:00 and 17:00 on any Business Day to the Addressee's physical Domicilium for the time being shall be deemed to have been received by the Addressee at the time of delivery.

Any notice given by either Party to another which is successfully transmitted by email to the Addressee's email or facsimile Domicilium for the time being ("Transmitted") shall, if the notice is Transmitted

by no later than 17:00 on a Business Day, be deemed (unless the contrary is proved) to have been received by the Addressee on that day.
after 17:00 on a Business Day or is Transmitted on a day which is not a Business Day, be deemed (unless the contrary is proved) to have been received by the Addressee on the next day which is a Business Day.

This clause shall not operate so as to invalidate the giving or receipt of any written notice which is actually received by the Addressee other than by a method referred to in this clause.

Any notice in terms of or in connection with this Agreement shall be valid and effective only if in writing and if received or deemed to be received by the Addressee.

GENERAL CLAUSES

This Agreement constitutes the sole record of the agreement between the Parties in relation to the subject matter hereof. No Party shall be bound by any express, tacit or implied term, representation, warranty, promise or the like not recorded herein. This Agreement supersedes and replaces all prior commitments, undertakings or representations, whether oral or written, between the Parties in respect of the subject matter hereof.

No addition to, variation, novation or agreed cancellation of any provision of this Agreement shall be binding upon the Parties unless reduced to writing and signed by or on behalf of the Parties.

No waiver, indulgence or extension of time which any Party ("Grantor") may grant to any other, nor any delay or failure by the Grantor to enforce, whether completely or partially, any of its rights, shall constitute a waiver of or, whether by estoppel or otherwise, limit any of the existing or future rights of the Grantor in terms hereof, save in the event and to the extent that the Grantor has signed a written document expressly waiving or limiting such right.

Save as expressly provided in this Agreement, no Party shall be entitled to cede, delegate, encumber, assign or otherwise transfer any of its rights and/or obligations in terms of, and/or interest in, this Agreement to any third party without the prior written signed consent of all the other Parties.

Unless otherwise expressly stipulated in this Agreement, each Party to this Agreement contracts as a principal and not as an agent for any other person, disclosed or undisclosed.

Without prejudice to any other provision of this Agreement, any successor-in-title, including any executor, heir, liquidator, business rescue practitioner, curator or trustee, of any Party shall be bound by this Agreement.

The acceptance by any Party of a counterpart of this Agreement shall be as effective as if that Party had signed the same document as all the other Parties.

GOVERNING LAW

This Agreement shall in all respects (including its existence, validity, interpretation, implementation, termination and enforcement) be governed by the law of South Africa which is applicable to agreements executed and wholly performed within South Africa.

This clause is severable from the other provisions of this Agreement and shall remain in full force and effect notwithstanding any termination, cancellation, invalidity, unenforceability or unlawfulness of this Agreement, or any part thereof.

SCHEDULE “T1"

INDEMNITY

The company

And

The purchaser

Record that:
(a) The company and the purchaser have concluded the above mentioned sale agreement in terms of which the purchaser buys the product “Trappie” from the company on the terms and conditions contained in the relevant agreement to which this indemnification is an annexure and the terms of which are incorporated herein, by reference, to the extent necessary.
(b) The purchaser has, in terms of the sale agreement undertaken to indemnify the company against damages arising from claims instituted by third parties against the company which claims arise from the use of the product other than in the prescribed manner and/or while the product is being/was used while not under the supervision and/or control of an adult.
This indemnity is given to the company to indemnify and protect the company and hold the company harmless against all loss or damage sustained by persons to whom the purchaser has sold the product or has, as owner or possessor, allowed to use the product and which liability arises because the product is/was not used in the prescribed manner and/or resulting from its use while not under the supervision and/or control of an adult.
I/We (the purchaser) agree to pay you (the company), on demand, whatever loss, damages or expenses the company is legally obliged to pay to any such claimant.
This indemnity also extends to legal costs and charges incurred by the company to enforce this indemnity. All such legal costs to be paid to the company on an attorney and client scale.
A letter or certificate that states the amount plus interest the company is legally bound to pay to any claimant will:
(a) Be proof of its contents; and
(b) Will prima facie be proof of the contents of such certificate, unless the opposite is proved; and
(c) Will entitle the company to obtain judgment against you in any court with jurisdiction.
The purchaser waives the benefit of the exceptions:
(a) non causae debiti.
(b) non numeratae pecuniae. and
(c) excussionis.