Disclaimers and Exclusions of Liability with regards to E-mails
This message is intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged and confidential. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is prohibited. We would be obliged if you would notify the sender of their mistake immediately by email, fax or telephone & destroy the original email and any attachments.
Disclaimers and Exclusions of Liability with regards to Website
You expressly agree that use of the www.lamicap.co.za site or the Internet is entirely at your own risk. The www.lamicap.co.za site and its contents are provided on an "as is" and "as available" basis and LamiCap makes no representations or warranties of any kind, whether express or implied, including without limitation with respect to the www.lamicap.co.za site, its contents, the accuracy thereof, or any warranties or representations regarding the effectiveness of any security or encryption facilities or with regard to the availability of products and/or delivery arrangements and times.
LamiCap disclaims all representations and warranties, including but not limited to warranties as to the availability, accuracy or content of information, products or services, and warranties of merchantability or fitness for a particular purpose of information, goods or services.
LamiCap does not warrant that the functions provided by the www.lamicap.co.za site will be uninterrupted or error free, or that the www.lamicap.co.za site or the server that makes it available are free from viruses or other harmful components.
Save as expressly set out herein, LamiCap shall under no circumstances whatsoever be liable to you, including without limitation, as a result of or in connection with LamiCap negligent (including grossly negligent) acts or omissions or those of its employees, agents or designees or other persons for whom in law it may be liable (in whose favour this constitutes a contract or undertaking for their benefit), for any direct, indirect, incidental, special or consequential loss or damage of any kind whatsoever or howsoever caused (whether arising under contract, delict or otherwise and whether the loss was actually foreseen or reasonably foreseeable), sustained by you, the recipient of the goods, or any other person arising from or as a result of any sale concluded in terms of this Agreement, the delivery, non-delivery, incorrect, erroneous or late delivery, the use, possession or consumption of the goods.
LamiCap, its directors, members, employers, designees, agents, representatives, affiliates and suppliers shall not be liable for any loss, damage (whether direct, indirect or consequential) or expense of any nature whatsoever which may be suffered as a result of or which may be attributable, directly or indirectly, to the use of or reliance upon the www.lamicap.co.za site (including any information contained thereon) or the Internet.
You will indemnify us and keep us fully indemnified from and against any loss or damage suffered or liability incurred, including without limitation in respect of any claim or demand by any third party by reason of any act or omission on your part or that of any family member, agent or representative acting on your behalf in connection with transactions concluded on the site and/or in terms of this agreement and/or in relation to receipt of goods supplied by us pursuant to any such order.
Notwithstanding any other provisions contained herein, LamiCap's liability whether in contract or delict arising from any breach of any obligation in terms of this agreement, negligence or otherwise shall not exceed at any time more than double the monetary value of the order in respect of which any such dispute or claim arises.
LamiCap has outsourced all delivery and collection arrangements. Accordingly, LamiCap shall not be liable for any damage suffered or loss incurred by reason of any act or omissions of any member of the Delivery Team or Company.
Applicable Law
This site is created, controlled and maintained by LamiCap in Centurion, Pretoria, South Africa. This Agreement constitutes the whole agreement between the parties relating to the subject matter hereof. Any indulgence of extension of time granted by us to you shall not be construed as a waiver or variation of any of our rights or remedies. At the option of LamiCap, any dispute arising out of the Agreement may be brought in any Magistrates' Court of competent jurisdiction notwithstanding that the amount in issue may exceed the jurisdiction of such court. The laws of the Republic of South Africa govern this Agreement. We reserve the right to make changes to our site and these disclaimers, terms, and conditions at any time.