Effective Date: 20 May 2024

This policy applies to customized machinery products transacted through Afrimart (the “Platform”) to customers within South Africa (“Customers”). It aligns with the Consumer Protection Act 68 of 2008 (CPA) and is tailored for B2B customized manufacturing transactions.

1. Scope of Application and Definitions

This section outlines the scope of this policy and key definitions.

1.1 The products supplied through this Platform are customized machinery manufactured based on the customer’s specific requirements. Therefore, transactions are classified as B2B customized orders.

1.2 Returns or refunds are only permitted under the circumstances expressly outlined below. Requests for returns due to subjective dissatisfaction, change of mind, or model preference will not be accepted.

1.3 The Platform’s Terms & Conditions form part of this Policy. In case of conflict, the Terms & Conditions shall prevail.

2. Deposits and Non-Refundable Terms

2.1 Once the customer places an order and pays a deposit, it is deemed acceptance that:

(a) The ordered products will be manufactured according to the customer’s provided specifications or parameters; and

(b) Once production has begun, the products are considered uniquely customized and not eligible for return or refund based on dissatisfaction or change of mind.

2.2 Except for the statutory conditions listed in Section 3, deposits and subsequent payments are non-refundable.

3. Conditions for Return and Refund

Under the CPA, while customized B2B transactions may set restrictive terms, customers retain the following statutory rights:

3.1 Material Non-Conformity: If the delivered goods substantially differ from the specifications agreed upon in the contract, and this is confirmed after installation/testing, the customer may request a return and refund.

3.2 Manufacturing Defect: If the product has a confirmed factory defect during installation/testing, verified by Afrimart’s after-sales team, the customer is entitled to return and refund.

3.3 Direct Marketing Cooling-Off: Under Section 16 of the CPA, customers who entered the contract through direct marketing may cancel it within five (5) business days after receiving the goods or signing the agreement.

3.4 Customers must notify Afrimart promptly upon discovering an issue and cooperate in inspection, repair, or replacement procedures.

4. Refund Procedure

4.1 Customers must submit a written refund/return request to Afrimart’s designated support email with: order number, product specifications, installation/test report, fault description, and photo/video evidence.

4.2 Afrimart will acknowledge receipt and conduct an initial assessment within 7 business days.

4.3 If confirmed as eligible, Afrimart will authorize the return and arrange collection at Afrimart’s cost unless otherwise agreed.

4.4 Once the returned goods are received and verified to be free from customer-induced damage, refunds will be processed within 10 Working days.

4.5 Refunds will be made using the original payment method or another agreed method. If partial usage occurred, a reasonable deduction may apply.

5. Repair or Replacement Options

Where applicable, Afrimart and the customer may agree to repair, replace, or partially refund the product. If repair/replacement can be completed within a reasonable period and is accepted by the customer, this shall substitute a refund.

6. Non-Returnable Circumstances

6.1 Returns or refunds are not accepted for subjective reasons such as change of mind, dislike, or non-essential errors.

6.2 Once customized production has begun, no refund will be accepted for changes in specification, color, or function unless agreed in writing.

6.3 Products damaged through misuse, incorrect installation, or unauthorized modification are ineligible for return or refund.

6.4 Products accepted, installed, and operationally used are deemed to have fulfilled their intended value and are not returnable.

7. Limitation of Liability and Notice

7.1 This Policy does not limit the customer’s statutory rights under the CPA, including fitness for purpose, quality, and durability warranties.

7.2 Afrimart reserves the right to amend this Policy at any time. Updated versions will be published on the Platform website.

7.3 Failure by the customer to provide necessary documentation or to respond in a reasonable timeframe may result in rejection or delay of the request.

8. Dispute Resolution

In case of dispute, both parties shall first seek amicable settlement. If unresolved, the matter may be referred to the National Consumer Commission or relevant arbitration/mediation body under South African law.

9. Final Provisions

9. The above terms are designed to protect the interests of both buyers and sellers. Once the buyer purchases the products from Afrimart platform or uses related services, it is deemed that the buyer voluntarily agrees to all terms. The final right of interpretation belongs to Afrimart.