TERMS AND CONDITIONS
Please note that if you do not agree with the following terms and conditions which are binding and enforceable as against the recipient or named addressee of this mail, you are requested to notify us immediately at emaildisclaimer@alert.co.za. Failing to do this will result in the assumption that you have agreed therewith.

  • Scope of Application
  • Confidentiality
  • Interception and Monitoring
  • Viruses and Malicious Code
  • Receipt and acknowledgement of e-mail
  • Contracts
  • General Disclaimer and Indemnity
  • Copyright
  • Unauthorised messages and content
  • Spam
  • Applicable Law and Dispute Resolution
  • Information about the sender

Scope of Application
This e-mail disclaimer applies both to the original mail sent to the recipient, its attachments, and any subsequent mail and attachments which may be sent to the recipient.

This disclaimer shall trump and take precedence over any other disclaimer which may appear in the mail or any attachment thereto unless there is an express indication to the contrary contained in the mail.

Confidentiality
The contents of this mail and any attachments it may have are confidential and intended only for the named recipient(s). If you are not the intended recipient then any use, storage, copying, dissemination of or reliance upon this mail, its contents or attachments, is unauthorised and prohibited. Please notify the sender as soon as possible and delete the mail and any attachments it may have immediately.

Interception and Monitoring
Please be aware that Alert Engine Parts a Division of Imperial Group (Pty) Ltd reserves the right to intercept and monitor replies sent to the mail address from which this e-mail operates and any other e-mail address within Alert Engine Parts a Division of Imperial Group (Pty) Ltd or its
subsidiaries.

Viruses and malicious code
Alert Engine Parts a Division of Imperial Group (Pty) Ltd and its subsidiaries take reasonable precautions to ensure that this mail and any attachments it may have are free from viruses or malicious code. We cannot, however, accept liability of any nature for damage or loss caused by viruses or malicious code transmitted through this e-mail. It is the recipient’s responsibility to ensure that both the mail and any attachments it may have are free from viruses or malicious code prior to opening them.

Receipt and acknowledgement of e-mail
Notwithstanding the provisions of Chapter 3 of the Electronic Communications and Transactions Act e-mail sent to Alert Engine Parts a Division of Imperial Group (Pty) Ltd and its subsidiaries shall not be regarded as received until such time as receipt has been acknowledged other than through an automatic response or read receipt.

Contracts
It is expressly declared that this e-mail does not constitute nor form part of any contract or unilateral obligation unless the contrary intention is clearly expressed by a party authorised to contract on behalf of Alert Engine Parts a Division of Imperial Group (Pty) Ltd and/or its subsidiaries and confirmed in a subsequent written communication.

General disclaimer and Indemnity
Alert Engine Parts a Division of Imperial Group (Pty) Ltd and/or the sender of this e-mail will under no circumstances whatsoever be liable to any party for any loss or damage, including but not limited to direct, indirect, special or consequential damages, howsoever arising, including but not limited to negligence on the part of Alert Engine Parts a Division of Imperial Group (Pty) Ltd and/or the sender.

The recipient and/or the organization which he or she represents indemnifies and holds harmless Alert Engine Parts a Division of Imperial Group (Pty) Ltd and its subsidiaries against any claim or action by any third party arising out of the opening or use of or reliance upon this mail and any attachments it may have.

Copyright
Copyright in this mail, any original content contained in it and any attachment it may have is owned by Alert Engine Parts a Division of Imperial Group (Pty) Ltd, who expressly assert and reserve all their rights in respect of such copyright. The recipient enjoys only a non-transferable licence to open and read this mail and any attachments it may have.

Unauthorised messages and content
Alert Engine Parts a Division of Imperial Group (Pty) Ltd has a policy prohibiting employees and other users of its networks and computer facilities from sending any e-mail or attachment which contains illegal, unlawful, derogatory, defamatory or offensive content. Alert Engine Parts a Division of Imperial Group (Pty) Ltd does not warrant that the sender of this communication was authorised to do so. If this message or any attachment it has contains any such content, Alert Engine Parts a Division of Imperial Group (Pty) Ltd disclaims any liability therefore and the responsibility
therefore will lie on the sender in his or her personal capacity.

Spam
Alert Engine Parts a Division of Imperial Group (Pty) Ltd has a policy prohibiting employees and other users of its networks and computer facilities from sending unsolicited commercial e-mail which does not comply with the Electronic Communications and Transactions Act.

If you believe that this e-mail is SPAM and that it does not comply with the Electronic Communications and Transactions Act, please send a copy to emaildisclaimer@alert.co.za at your earliest convenience.

Receipt of this mail is not an invitation to add the sender’s e-mail address or any other address contained in the mail or any attachment it may have to any mailing list, unless a contrary intention is clear from the content of the mail or its attachment(s). Likewise the sender’s e-mail address and any other e-mail address contained in the mail or any attachment it may have may not be sold or incorporated into any database for marketing purposes.

Applicable law and dispute resolution
The substantive law of the Republic of South Africa governs this e-mail, its content and any attachments that it may have, together with this legal notice.

Any dispute, claim or action arising out of or in connection with this e-mail, its attachments, its sending or receipt, and/or this legal notice, including any question regarding its existence, validity or termination, shall be settled by the dispute resolution process in accordance with the TrustEnforce.org Mediation and Arbitration rules, which rules are deemed to be incorporated by reference into this clause.

Where the dispute has arisen in South Africa between parties in South Africa the place of the arbitration is deemed to be Johannesburg, so the
arbitration will be governed by these rules and by the arbitration law of South Africa and the dispute will be resolved in accordance with the law of South Africa.

In the case of an international arbitration the dispute will be resolved in accordance with the United Nations Convention on Contracts for the
International Sale of Goods (1980) (if concerned with the sale of goods) and the UNIDROIT Principles of International General Contracts (1994), supplemented where necessary by the CENTRAL List of lex mercatoria principles, rules and standards.

The language used during the dispute resolution process will be English.

For further information on Trustenforce.org please visit www.trustenforce.org.

Information about the sender
Company: Alert Engine Parts a Division of Imperial Group (Pty) Ltd
Registration Number: 1983/009088/07
Directors: H Brody (CEO), AH Mohammed, RL Hiemstra, MP de Canha, OS Arbee, M Swanepoel, D Gnodde
Executive Management: BG Monteverdi (CEO), HC Carter, AJR McGee, SD Ferreira
Physical address: 279A Voortrekker Rd, Goodwood, Cape Town, 7459
Postal address: PO Box 367, Goodwood, Cape Town, 7459
Web site: www.alertengineparts.com

Please contact us by phoning +27 21 590 8250, faxing +27 21 592 2919 or e-mailing emaildisclaimer@alert.co.za if you have any queries regarding this e-mail disclaimer.