Standard Terms and Conditions
HILTI APPROVED PARTNER SALES TERMS AND CONDITIONS
Agreement
These Standard Conditions of Agreement represent the entire agreement between the Customer and the Hilti Approved Partner, Prime Agencies (hereinafter referred to as “Hilti Approved Partner”). No alterations or additions shall be valid unless agreed to by both parties, reduced to writing, and signed by the Customer and a duly authorized representative of Hilti. This Agreement governs all future contractual relationships between the parties, applies to all existing and future obligations, and supersedes any conflicting terms stipulated by the Customer.
Personal Surety
The signatory binds himself or herself in personal capacity—whether as shareholder, member, owner, or partner—as surety and co-principal debtor, jointly and severally, for the full amount due to Hilti Approved Partner, and agrees that these Standard Conditions apply equally to him or her.
Representations
The Customer acknowledges that it does not rely on any representations made by Hilti Approved Partner regarding goods or services other than those expressly contained in this Agreement. Any specifications, performance figures, advertisements, brochures, or other technical data provided orally or in writing shall not form part of this Agreement unless expressly agreed in writing by Hilti Approved Partner.
Liability
Neither Hilti, its employees, nor the Hilti Approved Partner shall be liable for any negligent or innocent misrepresentations made to the Customer. It remains the sole responsibility of the Customer to ensure that goods or services are suitable for their intended use, and Hilti and the Hilti Approved Partner reserve the right, at their sole discretion, to substitute goods of equal quality and quantity where original items have been superseded, replaced, or discontinued. Hilti and the Hilti Approved Partner shall not be liable for consequential damages under any circumstances, including but not limited to loss of profits, goodwill, or business opportunities. If any goods or services are supplied to a Customer acting as a reseller, the Customer shall ensure that its terms of sale contain provisions no less onerous than these Terms and Conditions.
Jurisdiction
The Customer consents that Hilti Approved Partner may institute legal action in the competent courts of Zimbabwe , at its sole discretion, and such courts shall have exclusive jurisdiction over disputes arising from this Agreement.
Notices and Data Protection
Notices shall be sent to the addresses provided by each party, and the Customer consents to the use and storage of its personal and business information by Hilti Approved Partner strictly for purposes related to the execution of this Agreement, in compliance with applicable data protection laws.
Severability
Each provision of this Agreement is severable, and if any provision is found invalid or unenforceable, the remaining provisions shall remain binding.
Force Majeure
Hilti Approved Partner shall not be liable for any failure to perform its obligations due to events beyond its reasonable control, including but not limited to force majeure events such as natural disasters, war, civil disturbance, strike, lockout, fire, flood, or legislation. In such cases, Hilti Approved Partner shall be released from any contractual liability.
Governing Law
This Agreement and its interpretation shall be governed by the laws of Zimbabwe, subject to the mandatory provisions of any applicable National Credit or Consumer Protection laws.