General Terms & Conditions of Sale and Website Use

Effective Date: 1 July 2026

These General Terms & Conditions govern the sale of goods and services by HEMCO Trading CC (“HEMCO”), as well as the use of HEMCO’s website. By placing an order, accepting a quotation, opening a credit account, accepting delivery of goods, making payment, or using this website, the customer agrees to be bound by these Terms & Conditions.

These Terms apply unless otherwise agreed in writing by an authorised representative of HEMCO.

1. Definitions

In these Terms:

• HEMCO means HEMCO Trading CC.
• Customer means the purchaser of any goods or services supplied by HEMCO.
• Goods means all products supplied by HEMCO.
• Services means any installation, consultation, support or other services supplied by HEMCO.
• Website means www.ht.com.na and all associated online services.

2. Quotations

Unless otherwise stated:

• Quotations are valid for 30 calendar days.
• Prices are subject to stock availability.
• Prices may change where exchange rates, freight, import duties or supplier pricing change before acceptance.
• HEMCO reserves the right to correct genuine pricing or typographical errors before accepting an order.

A quotation does not constitute a binding agreement until accepted by both the Customer and HEMCO.

3. Orders

Orders become binding only once accepted by HEMCO.

HEMCO reserves the right to refuse, cancel or amend any order due to:

• pricing errors;
• supplier shortages;
• discontinued products;
• export restrictions;
• credit approval;
• circumstances beyond HEMCO’s reasonable control.

4. Pricing

Unless expressly stated otherwise:

• Prices are quoted in Namibian Dollars (NAD).
• Prices include VAT where applicable.
• Freight, insurance, installation and special handling charges are excluded unless specifically stated.
• Published prices may change without prior notice.

5. Payment

Payment shall be made in accordance with the agreed trading terms.

Where no credit facilities have been approved, payment shall be made before delivery.

HEMCO reserves the right to:

• suspend deliveries;
• refuse further orders;
• charge interest on overdue accounts at the maximum rate permitted by law; and
• recover all reasonable legal and collection costs incurred in recovering overdue amounts.

Payments received may be allocated by HEMCO at its discretion unless otherwise required by law.

6. Ownership of Goods

Ownership of all goods supplied remains vested in HEMCO until full payment has been received.

Risk in the goods passes to the Customer upon collection or delivery, whichever occurs first.

Until ownership passes:

• the Customer shall keep the goods identifiable;
• not pledge or encumber them; and
• allow HEMCO to recover unpaid goods where legally entitled.

7. Delivery

Delivery dates are estimates only.

HEMCO shall not be liable for delays caused by:

• suppliers;
• shipping delays;
• customs clearance;
• transport providers;
• force majeure events; or
• circumstances beyond its reasonable control.

The Customer shall inspect all goods immediately upon delivery.

Any shortages, damage or incorrect deliveries must be reported in writing within 48 hours of receipt.

Failure to notify HEMCO within this period shall constitute acceptance that the goods were delivered correctly and in good condition, subject to any rights that cannot lawfully be excluded.

8. Cancellations

Orders for specially imported, customised, personalised or non-standard products cannot be cancelled without HEMCO’s written approval.

Approved cancellations may be subject to supplier cancellation charges, freight costs and administration fees.

9. Returns

No goods may be returned without prior written authorisation from HEMCO.

Approved returns must:

• be in original packaging;
• be unused and saleable;
• include proof of purchase.

HEMCO reserves the right to apply a reasonable restocking fee.

Special-order, clearance, discontinued, customised or used products may not be returned unless required by law.

10. Warranty

10.1 Manufacturer Warranties

Unless otherwise stated:

*Unless the manufacturer specifies otherwise.

Manufacturer warranties remain subject to the manufacturer’s published warranty terms.

10.2 Warranty Claims

Customers must provide:

• proof of purchase;
• the complete product;
• all relevant accessories where applicable;
• a description of the defect.

Products must be returned clean and suitable for inspection.

10.3 Warranty Assessment

Warranty claims are assessed by HEMCO and, where required, the manufacturer or an authorised service centre.

The manufacturer or authorised service centre has the sole and final discretion to determine whether:

• the defect qualifies under warranty;
• the product will be repaired;
• the product will be replaced; or
• the warranty claim will be declined.

HEMCO acts only as the supplier and facilitator of the manufacturer’s warranty process.

HEMCO shall not be responsible or liable for any decision made by the manufacturer regarding warranty approval or rejection.

Where the manufacturer declines a warranty claim, such decision shall be regarded as final. HEMCO shall not be obliged to repair, replace, refund or credit the product except where required by applicable law.

10.4 Back-to-Base Warranty

Unless otherwise agreed in writing, all warranties are provided on a Back-to-Base (BTB) basis.

The Customer is responsible for:

• delivering the product to HEMCO or an authorised service centre;
• all transport, courier, freight and insurance costs;
• removal and reinstallation costs.

HEMCO does not provide on-site warranty service unless expressly agreed in writing.

10.5 Exclusions

Warranty does not cover:

• normal wear and tear;
• cosmetic damage;
• misuse;
• abuse;
• negligence;
• accidental damage;
• incorrect installation;
• failure to follow operating instructions;
• corrosion;
• modification;
• unauthorised repairs;
• consumable items unless defective upon purchase.

11. Limitation of Liability

To the fullest extent permitted by law:

HEMCO shall not be liable for:

• indirect loss;
• consequential loss;
• loss of profits;
• business interruption;
• loss of contracts;
• loss of goodwill;
• loss of data.

HEMCO’s total liability arising from any transaction shall not exceed the purchase price paid for the goods giving rise to the claim.

Nothing in these Terms limits any liability that cannot lawfully be excluded.

12. Force Majeure

HEMCO shall not be liable for any failure or delay caused by circumstances beyond its reasonable control, including:

• natural disasters;
• war;
• strikes;
• pandemics;
• supplier shortages;
• transport disruptions;
• government restrictions;
• power failures;
• telecommunications failures.

13. Intellectual Property

All website content, documentation, graphics and material remain the property of HEMCO or the respective rights holders.

Brand names, trademarks and logos remain the property of their respective owners.

14. Website Use

The website may only be used for lawful purposes.

Users may not:

• interfere with website security;
• upload malicious software;
• attempt unauthorised access;
• copy website content without written permission.

HEMCO may suspend access where these Terms are breached.

15. Website Information

Although HEMCO endeavours to ensure that information published on its website is accurate, product specifications, pricing, availability and images may change without notice.

Images are for illustrative purposes only.

Nothing published on the website constitutes a binding offer to sell.

16. Third-Party Websites

Links to third-party websites are provided for convenience only.

HEMCO accepts no responsibility for their content or privacy practices.

17. Privacy

Personal information supplied to HEMCO will be processed in accordance with HEMCO’s Privacy Policy and applicable Namibian legislation.

18. Amendments

HEMCO may amend these Terms & Conditions at any time.

The latest version published on the website shall apply from the stated effective date.

19. Governing Law

These Terms shall be governed by the laws of the Republic of Namibia.

The parties submit to the jurisdiction of the Namibian courts.

20. Contact Details

HEMCO Trading CC

Windhoek, Namibia

Email: sales@ht.com.na  | admin@ht.com.na

Telephone: +264 61 256 815

Website: www.ht.com.na