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Terms and Conditions
Terms and conditions of TREK Card (Pty) Ltd for purchasing a TREC card
Payment for a TREC card purchase is due on presentation of invoice.
A TREC Card Purchase is only confirmed once the payment has been received.
TREC are Transport Emergency Cards.
TREC format and the allocation of phrases are in accordance with the best information available at the time of issue and within the constraints of the regulations under the National Road Traffic Act (Act No 93 of 1996). TRECs do not take the place of Material Safety Data Sheets (MSDS) but to bring to the attention of the driver or occupant of the vehicle, in simple and easily understandable terms, the principal hazards of the goods being transported and the main procedures required in the event of an emergency. TRECs refer to classes and groups of substances, preparations or goods and while TREK Card (Pty) Ltd has made every effort to ensure that a TREC accurately reflects the hazards and procedures applicable to the goods transported under the allocated United Nations Number, it is the responsibility of the end user to ensure that the information in the TREC is not in conflict with information contained in the MSDS for that specific substance, preparation or goods being transported. If such a conflict of information is encountered, users are encouraged to bring it to the attention of TREK Card (Pty) Ltd, before transport of such goods is undertaken under cover of the relevant TREC.
All TREC Card prices quoted exclude VAT.
TREC Cards Purchased through this web site are supplied by TREK Card (Pty) Ltd, 275 Johannesburg Road, La Rochelle, 2190. The Purchasers address is given in the TREC Card order process.
Any legal process to be served on a party may be served on him at the addresses specified above and they choose these addresses as domicilium citandi et executandi for all purposes.
Any notice or communications to be given to a party shall be valid and effective only if it is given in writing.
Any TREC Card Purchasers through this website agree to the terms and conditions of TREK Card (Pty) Ltd.
Once your TREC Card Purchase has been completed and accepted it may not be cancelled and TREK Card (Pty) Ltd will not refund any payments for any reason.
Your TREC Card can be printed from the Trec Printer program, using the link on your invoice. A colour printer is required to print TREC Cards. If you do not have a colour printer, you may request for Trek Card (Pty) Ltd to print the TREC Card on your behalf (see products page) or you may buy the pre-printed stationary from Trek Card (Pty) Ltd.
TREK Card (Pty) Ltd hereby grants to the Purchaser a license to print and use the Purchased TREC Cards.
Ownership of the copyright, patent, design, trade mark, trade name, trade secret and other proprietary rights in and to the TREC Cards shall vest in TREK Card (Pty) Ltd or its suppliers, whether or not these are given to the Purchaser and whether or not they comprise deliverables to be supplied by TREK Card (Pty) Ltd to the Purchaser in the course of providing the TREC Cards.
All rights reserved. The Purchaser shall not disclose or copy the Purchased TREC Card or provide same to any other person or permit any other person to use same. TREC cards supplied by TREK Card (Pty) Ltd may not be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, without the prior permission in writing of TREK Card (Pty) Ltd. Enquiries concerning reproduction may be sent to kb@trec.co.za .
Neither party shall be liable to the other under any circumstances for any indirect or consequential or special or incidental loss or damage of any nature, whether or not this was contemplated by the parties.
Neither party shall have any claim against the other arising from any failure or delay in performance of either party's obligations under the Agreement caused by circumstances or factors beyond the reasonable control of either party.
The maximum aggregate amount of liability of TREK Card (Pty) Ltd for damages or other claims of any nature whatsoever for any cause of action arising from the Purchase shall be limited to the aggregate of all amounts received by TREK Card (Pty) Ltd from the Client for this TREC Card Purchase.
No action or other proceeding may be instituted by the Client against TREK Card (Pty) Ltd., more than one year from date of Purchase.
The Agreement shall be governed by and interpreted in accordance with the Law of the Republic of South Africa.
Any dispute between the parties in regard to any matter arising out of the Purchase, shall be submitted to and decided by arbitration.
The arbitrator shall be appointed by the then Chairman of the Pretoria Bar Council.
The arbitration shall be held in Pretoria in accordance with such procedures as may be determined by the arbitrator, and may be held, if he considers it appropriate, in an informal and summary manner on the basis that it shall not be necessary to observe or carry out the usual formalities or procedures, including the delivery of pleadings, the making of discovery or the observance of the strict rules of evidence.
Subject to the other provisions of this clause, each arbitration shall be held in accordance with the provisions of the Arbitration Act, 1965, as amended.
Subject to the above clauses relating to arbitration, the parties consent and submit to the jurisdiction of the Magistrate Court for the purposes of any legal proceedings arising from or in connection with the Purchase.
Tick (Accept Terms and Conditions) below if you agree to these terms and conditions and wish to continue with your TREC Card Purchase.
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