STANDARD TERMS AND CONDITIONS

PAYMENT

• (a)  The Customer shall make payment to Flameberry Ltd for all goods purchased upon placing the order, prior to dispatch, unless an alternative agreement has been made between parties. Goods supplied remain the property of Flameberry Ltd. until paid for in full.
• (b) Flameberry are not responsible for losses or damages incurred by 3rd parties i.e. transport companies, railways and post office, even should they act as agent on behalf of Flameberry.
• (d)  All payments shall be made by electronic transfer, cheque or cash into an account designated by Flameberry Ltd.
• (e) The price quoted by Flameberry Ltd. does not include an installation or transportation fee, although both can be arranged at an extra charge.
• (f) If the client fails to pay at his own stipulated time, Flameberry Ltd. be in a position to confiscate the goods, and the amount paid shall be deemed as a hiring charge.
• (g) Although every effort will be made by the management of Flameberry to maintain the pricelist, due to importing factors (ie. rates of exchanges and duties etc.). Flameberry reserves the right to change the pricelist without prior notice.

DISCLAIMER

Flameberry and its agents take no responsibility for any harm or damaged caused as a result of the improper use of any of the products marketed by Flameberry and its agents further take no responsibility for any harm or damage resulting from the failure to maintain the equipment in the standard as described in the user manual or as could be reasonably expected.

ORDERS

All orders placed with Flameberry Ltd. by the Customer for all goods shall be done in writing, ie. e-mail or physically. Any other method of ordering shall be deemed to be invalid.

WARRANTY

Flameberry Ltd. hereby warrants that the products are free from defects and are in good order as defined by Flameberry Ltd. Flameberry Ltd. agrees to replace, free of charge, any parts, where such replacement becomes necessary as a sole and direct result of inherent defect in the parts, and undertakes to provide, free of charge, the labor and workmanship involved in the repair of the products on their premises as the warranty is a carry in warranty. The transport is for the customers’ account, as well as lodging of a company technician exceeding 100km radius outside Lusaka

Flameberry Products are divided into 2 categories. Each category has different warranty terms.

1. Kitchen Smalls

There is no warranty or guarantee on small wares, unless the product is faulty on delivery or of inferior production quality. In these circumstances, and at the sole discretion of Flameberry, the customer shall be entitled to a replacement product or alternatively should no such replacement exist, a full credit.

2. Electric Appliances

The warranty for electrical appliances is for the period of 6 moths from the date of sale.

What is covered by the warranty

All failures or faults of the equipment are covered by the warranty except those expressly excluded in APPENDIX 1 (below).

APPENDIX 1

Electrical Equipment

• PC boards, Motors, Elements, Contactors etc. The warranty for the parts as mentioned above can only be honored if the fault is due to normal parts failure.
• The warranty does not extend to wearing parts such as blades, belts, bushes, etc. Cutting units, clutches, fuses are not covered under warranty.
• Repairs: Proof of sale, which must reflect the serial number of the equipment, will be required for repairs under warranty at no charge.
• Electrical & electronic parts and components are non-returnable

The warranty does not cover damage resulting from incorrect, inadequate or negligent application or cleaning of the products, inappropriate wiring - nor does the warranty cover lightning, power surges or other natural disasters. Failure to use the appliance in accordance with the operating instructions - Flameberry Ltd shall not be liable to any other extent than the replacement of the defective parts and the labor and workmanship involved in their replacement. Warranty for any parts as above can not be honored if the failure is due to damage, caused by abuse, incorrect application or installation, i.e. power supply, water supply, drainage, gas supply, ventilation, inconsistent power supply, wrong set up of equipment etc. Warranty is lost if the equipment was opened/modified or has been maintained by other party except our company. This warranty covers the full extent of liability, no other warranties or guarantees being expressed or implied.

The decision as to whether the fault or failure is as a result of the above shall be at Flameberry's sole discretion.

• The warranties are valid for a period of six (6) months from date of invoice.
• Spare parts - No refunds, exchanges or credit.
• All machines repaired by Flameberry Ltd in terms of the warranty must be collected within thirty (30) days of the notification of the completion of the 
repairs. Failure to comply with this condition will result in the sale of the machine in order to defray costs.
• Warranty will be void when machine is transported flat or tilted more than 45 degrees.
• Condenser, compressor, fan and motor need to be dust free and cleaned at least once a month or warranty will be void if this is not done.
• Regular services by qualified technicians or warranty will be void if this is not done.
• Three (3) Months carry in warranty on all services and parts replaced by Flameberry Ltd. workshop technicians.

CLAIMS PROCEDURE

Flameberry Ltd shall require proof of purchase in the form of the original invoice to the Customer, indicating the date, address, telephone number, reason for replacement of defective parts, as well as the actual defective parts under warranty, prior to Flameberry Ltd. honoring the claim. Refunds and exchanges only when approved by management.

LIABILITY


The Customer shall be liable for all costs relating to the transportation or courier of defective parts and/or machines, whether or not the parts and/or machines are still covered by the warranty. Flameberry Ltd. shall not be liable for any damages from the moment of dispatch of any parts and/or machines, whether or not covered by the warranty, from the premises of Flameberry Ltd. or from the point of dispatch elected by Flameberry. Flameberry Ltd. strictly advise customers to inspect goods received by the courier before signing the waybill.

EXCEPTIONS


In the event of a claim from a Customer outside the borders of Zambia, the warranty shall not cover labor and workmanship in respect of repairs to the products. Instead, the Customer shall, at his/her own expense, engage the services of a qualified technician to undertake the repairs. The defective part(s) shall be returned to Flameberry Ltd who shall, upon receipt of the faulty part(s), replace it.

DELIVERY

1. (a) All machines, parts and other products supplied by Flameberry Ltd to the Customer shall be dispatched from the premises of Flameberry Ltd or collected 
by the Customer, at which point the Customer shall assume full responsibility for the products and Flameberry Ltd. shall be fully exonerated from any 
liability in connection therewith.
2. (b) The Customer shall assume responsibility for all courier and transport costs.
3. (c) Flameberry Ltd shall not be liable for any damages, losses or theft caused by courier companies.
4. (d)  The Customer shall insure all goods in transit against losses or damages.
5. (e)  The Customer shall not be entitled to cancel the sale by reason of any delay howsoever caused.
6. (f)  The Customer shall acquaint himself/herself with the operating manual of each machine purchased from Flameberry Ltd.

CONSEQUENTIAL LOSS

The Customer hereby agrees that Flameberry ltd shall not be liable for any consequential loss or contingent liability whatsoever which the Customer might suffer as the result of any alleged defects in the goods sold by Flameberry Ltd to the Customer, or in respect of any work performed by Flameberry Ltd. on behalf of the Customer.

ENTIRE AGREEMENT

The terms and conditions contained herein shall constitute the entire agreement of sale between Flameberry Ltd and the Customer and Flameberry Ltd shall not be bound by any terms and conditions contained in the order, or similar document, issued by the Customer and no variation to the terms thereof shall be valid unless reduced to writing and signed by both FlameBerry Ltd and the Customer.