Terms & Conditions

Hole Tech (Pty) Ltd t/a Africa Mining EPC (“AME”)
E & O.E. – Errors and Omissions Excepted

PART A: WEBSITE TERMS OF USE & PRIVACY POLICY

1. ACCEPTANCE OF TERMS

By accessing or using this website, you agree to be bound by these Terms of Use, Privacy Policy, and applicable laws of the Republic of South Africa.
If you do not agree, you must discontinue use immediately.

2. INTELLECTUAL PROPERTY

All trademarks, logos, brand names, and product references remain the property of their respective owners.

All website content—including text, graphics, layouts, and designs—is the intellectual property of Hole Tech (Pty) Ltd t/a Africa Mining EPC and may not be reproduced, distributed, or modified without prior written consent.

3. COMPANY & PRODUCT DISCLAIMER

AME may act as an authorised reseller of OEM equipment where expressly stated.

Where not:

Products may be OEM-compatible or aftermarket equivalents.
These are not manufactured, endorsed, or warranted by the OEM.

All OEM references (names, trademarks, product names, part numbers) are used strictly for identification and compatibility purposes only.

Only items clearly marked “Genuine OEM” or “Original” shall be considered OEM products.

All trademarks remain the property of their respective owners.

4. INFORMATION WE COLLECT

4.1 Voluntary Information

We collect personal information submitted via:

Contact forms
Quote requests
Subscriptions

This may include name, company name, email address, phone number, and related details.

4.2 Automatic Information

We may collect:

IP address
Browser and device information
Pages visited and time spent

via cookies and analytics tools.

5. COOKIES

Cookies are used to improve functionality and analyse traffic.
Users may disable cookies via browser settings, although this may impact site performance.

6. POPIA COMPLIANCE

All personal data is processed in accordance with the Protection of Personal Information Act (POPIA), Act 4 of 2013.

AME implements appropriate technical and organisational safeguards to protect personal data.

7. USE OF INFORMATION

Your information may be used to:

Respond to enquiries
Provide quotations and services
Send communications
Improve website functionality and user experience
Prevent fraud or misuse
Comply with legal obligations

AME does not sell personal data.

8. DATA SUBJECT RIGHTS

You have the right to:

Access your personal data
Request correction or deletion
Withdraw consent
Object to processing
Lodge a complaint with the Information Regulator

9. THIRD-PARTY SERVICE PROVIDERS

We may use third parties for hosting, analytics, and communications.
All providers are bound by confidentiality and data protection obligations.

10. CHILDREN’S PRIVACY

This website is not intended for individuals under 18.
We do not knowingly collect personal information from minors.

11. USER CONTENT DISCLAIMER

Any content shared publicly by users is done at their own risk.
AME accepts no liability for such disclosures.

12. DATA SECURITY

Reasonable safeguards are in place to protect data; however, no system is entirely secure.
AME cannot guarantee absolute protection.

13. EMAIL DISCLAIMER

Electronic communications may not be secure or error-free.
AME accepts no liability for any loss or damage arising from reliance on email communications or attachments.

14. MARKETING & OPT-OUT

You may unsubscribe from marketing communications at any time by using the unsubscribe link or contacting us directly.

15. POLICY UPDATES

These terms may be updated at any time.
Continued use of the website constitutes acceptance of the updated terms.

16. CONTACT

📩 Contact via: Contact Us Page

PART B: COMMERCIAL TERMS (QUOTATIONS, ORDERS & SUPPLY)

17. ACCEPTANCE & ENTIRE AGREEMENT

Acceptance of any quotation, order, delivery, or payment constitutes acceptance of these Terms.

These Terms constitute the entire agreement between the parties and supersede all prior communications, representations, or agreements, whether written or verbal.

The Buyer confirms that it has not relied on any representation, warranty, or statement not expressly contained in these Terms or in writing by AME.

18. INCOTERMS & PRICING

All prices are EXW Johannesburg (Incoterms® 2020)
Prices exclude packaging, freight, insurance, VAT, duties, and taxes
Quotations are valid for 30 days (or as indicated on the quote), subject to exchange fluctuation (USD/ZAR ±5%)

19. RISK, TITLE & PAYMENT

Risk passes on delivery or collection
Ownership remains with AME until full payment is received
Minimum order value: ZAR 5,000
All banking, foreign exchange, and transaction charges are for the Buyer

Discounts & Pricing Conditions:

Any discounts offered are strictly conditional upon full upfront payment, unless otherwise agreed in writing
AME reserves the right to withdraw, reverse, or adjust any discounts where payment terms are not met

20. ORDER CONDITIONS

Quotations are based on complete and accurate information supplied by the Buyer
Where information is incomplete, substitutions may be made and such items are final and non-returnable
Delivery timelines are indicative only and not guaranteed

The Buyer is solely responsible for ensuring that all goods are suitable for their intended application and operating conditions.

21. RETURNS & CANCELLATIONS

Returns require prior written approval
A minimum 20% handling/restocking fee may apply
No returns on custom, special-order, or substituted items

22. INTELLECTUAL PROPERTY & CONFIDENTIALITY

All documentation and work products remain AME property until fully paid
All information is confidential unless agreed otherwise in writing

The Buyer undertakes not to engage directly or indirectly with AME suppliers for 60 months, which the parties agree is reasonable in scope, duration, and commercial context.

23. PRODUCT CLASSIFICATION DISCLAIMER

AME is not an OEM or authorised distributor unless explicitly stated.

“Genuine OEM” items will be clearly identified
All other items are OEM-compatible or aftermarket equivalents
Compatibility references are provided for identification purposes only

24. FORCE MAJEURE

AME shall not be liable for delays or failure caused by events beyond its control, including natural disasters, labour disruptions, transport delays, war, pandemics, embargoes, or government actions.

25. EXPORT CONTROL & COMPLIANCE

The Buyer must comply with all applicable export laws and sanctions.
AME reserves the right to suspend or terminate any transaction that may result in non-compliance.

26. LIMITATION OF LIABILITY

AME’s total liability is limited to the value of goods or services supplied.

AME shall not be liable for:

Indirect or consequential losses
Loss of profit, production, or business interruption

27. INDEMNITY

The Buyer indemnifies and holds AME harmless against any claims, damages, losses, or liabilities arising from:

Incorrect installation, use, or application of the goods
Use outside intended specifications
Onward supply or integration into third-party systems

28. WARRANTY

Products are covered only by the original manufacturer’s warranty unless otherwise agreed in writing.

No warranties are provided regarding:

Fitness for a particular purpose
Performance under specific operating conditions

29. PAYMENT TERMS

Payment is due as per the invoice.

Late payments may incur interest at 2% per month, or the maximum rate permitted by law.

AME reserves the right to suspend performance or cancel orders in the event of non-payment or breach.

30. DISPUTE RESOLUTION & JURISDICTION

Disputes will first be resolved amicably.

If unresolved:

Referred to arbitration under South African law
Thereafter subject to the High Court of South Africa, Gauteng Division (Johannesburg)

31. SEVERABILITY

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

32. GENERAL

These Terms must be read together with AME’s full Terms & Conditions, available on request.

Terms & Conditions

Last Updated: October 2025