TERMS AND CONDITIONS

1. COPYRIGHT

1.1 Copyright 2003 © Pennypinchers Building Materials (Pty) Ltd, 86 Fitzmaurice Avenue, Epping Two, Cape Town, South Africa. All rights not expressly granted are reserved. To obtain permissions for the commercial use of any content on this site contact Johan Spies at +27 21 507 0100 or e-mail jspies@steinbuild.com

1.2 Pennypinchers refers to all Pennypinchers stores nationwide, including Pennypinchers specialist partners, namely The Tile House, Unitraco and Pennypinchers Trusses as well as Pennypinchers E- Trade website where a user may place an order on-line.

1.3 Users may download, view and print content from this site for private and non-commercial purposes only.

1.4 All moral rights of Pennypinchers and its employees/agents are reserved.

1.5 Pennypinchers cannot screen or edit all the content available from and/or on the Pennypinchers' site and does not accept any liability for illegal, defamatory or obscene content.

2. INTELLECTUAL PROPERTY RIGHTS

2.1 All the content, trademarks and data on this website, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, designs and agreements, are the property of or licensed to Pennypinchers.

3. ELECTRONIC COMMUNICATIONS

3.1 When a user visits Pennypinchers or sends e-mails to Pennypinchers, that user consents to receiving communications from Pennypinchers electronically and agrees that all agreements, notices, disclosures and other communications sent by Pennypinchers satisfies any legal requirements, including but not limited, to the requirement that such communications should be "in writing".

3.2 Pennypinchers does not accept any responsibility whatsoever and will not be held liable for any damages resulting from linking to or information obtained off the Pennypinchers website via hyperlinks and electronic communication.

4. HYPERLINKS

4.1 No person, business or website may link to any page on this site without the prior written permission of Pennypinchers. The provisions of this clause shall apply to all users unless any such user has obtained the prior written consent of Pennypinchers to the contrary. This clause does not apply to parties that have entered into E-Trade agreements with Pennypinchers.

4.2 Hyperlinks provided on this site to non-Pennypinchers sites are provided as is and Pennypinchers does not necessarily agree with, edit or sponsor the content on such web pages.

4.3 The provisions of clause 3.2 shall be applicable unaltered to this clause.

5. FRAMING

5.1 No person, business or website may frame this site or any of the pages on this site in any way whatsoever.

6. SPIDERS AND CRAWLERS

6.1 No person, business or website may use any technology to search and gain any information from this site without the prior written permission of Pennypinchers. Such permission could be obtained from the person referred to in clause 1 hereof.

7. DISCLAIMER

7.1 Apart from the provisions of sections 43(5) and 43(6) of the Electronic Communications and Transactions Act, neither Pennypinchers nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this website or the services or content provided from and through this website. Furthermore, Pennypinchers makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this website are free from errors or omissions or that the service will be 100% uninterrupted and error free. Users are encouraged to report any possible malfunctions and errors to the person referred to in clause 1.1.

7.2 This website is supplied on an "as is" basis and has not been compiled or supplied to meet the user's individual requirements. It is the sole responsibility of the user to satisfy itself prior to entering into this agreement with Pennypinchers that the service available from and through this website will meet the user's individual requirements and be compatible with the user's hardware and/or software.

7.3 All goods purchased from Pennypinchers are purchased only subject to and pursuant to duly approved credit application agreements concluded between Pennypinchers and the user.

7.4 Pennypinchers E-Trade facility is only available to South African citizens residing in the Republic of South Africa.

7.5 The Pennypinchers E-Trade facility is only available to residents of South Africa. No international trade shall be entered in to off the Pennypinchers E-Trade site. South African Law shall govern the terms and conditions and credit agreement with Pennypinchers arising out of Pennypinchers E-Trade.

7.6 Neither Pennypinchers nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use any product sold on this website.

8. PRODUCT DESCIPTIONS

8.1 The product information and images displayed on this website are provided for illustrative purposes only and Pennypinchers reserves the right to alter any and / or all information and specifications without notice and cannot warrant that they will be 100% accurate at all times. If the user is in any doubt as to the precise nature of the product he / she wishes to order, the onus is upon the user to contact the store upon which they have selected to place the order and discuss the product with one of the Pennypinchers sales team.

9. COSTS

9.1 PRICES:

9.1.1 The price shown for any goods is only applicable to this website. The price for any goods ordered will be the price shown on the website at the time of order confirmation.

9.1.2 A delivery charge is payable and varies depending on which store you place your order at and the delivery option you choose. The final delivery cost is also affected by the mass/volume costs at time of order.

9.1.3 The cost of goods ordered, as well as any delivery charges, will be debited to your account prior to delivery.

9.1.4 Prices and delivery options and charges vary from store to store.

9.1.5 Any and/or all prices reflected and/or displayed on the Pennypinchers website and the E-Trade site are subject to change. Pennypinchers may, at its sole discretion, change any or all prices at any time without prior notice.

9.2 VALUE ADDED TAX:

9.2.1 Value Added Tax (VAT) at the rate of 14% is charged on goods bought by South African residents.

10. DELIVERIES

10.1 Deliveries will take place in accordance with the delivery option the user selects when placing order/s online. Should a delivery be delayed for whatsoever reason, the user will be contacted by the store at which the order was placed and advised henceforth.

10.2 Notwithstanding that risk in and to all goods sold by Pennypinchers to the user shall pass on delivery, ownership in all goods sold and delivered shall remain vested in Pennypinchers until the purchase price for such goods has been paid in full.

10.3 If the user wishes to arrange a specific delivery instruction other than that which is available on Pennypinchers E-Trade site, the store upon which the order is placed is to be contacted by the user to facilitate unique delivery arrangements. Pennypinchers will endeavour to deliver in accordance with the users unique requests but give no warranties in this respect.

10.3.1 Special delivery instructions from a user may attract delivery costs that are different to the costs indicated on Pennypinchers E-Trade site. Any additional costs and subsequent total delivery cost are for the users account.

11. CREDIT TERMS

11.1 To apply for credit to trade on-line at Pennypinchers E-trade, users must apply f or credit at the Pennypinchers store from which the user wishes to purchase product. Only users whose credit application is successful and a credit agreement is entered into between the user and Pennypinchers may make use of Pennypinchers E-Trade facility.

11.2 Credit terms are as stated in the Terms & Conditions of the credit application agreement entered into between applicant and Pennypinchers.

11.3 All accounts are payable strictly within 30 days from current statement date. Should the user breach any of the provisions in the Terms & Conditions stated on the credit application agreement entered into with Pennypinchers, the user shall pay interest at the maximum rate permitted under the Usury Act, from the due date to actual date of payment.

11.4 In all cases where the user employs the postal services to effect payment to Pennypinchers, such postal service shall be deemed to be the agent of the user.

11.5 Comprehensive Terms & Conditions literature is available at the Pennypinchers store at which you can apply for a credit agreement.

12. AGREEMENTS OF SALE

12.1 Placing an item in a shopping basket without completing the purchase cycle does not:

12.1.1 constitute an agreement of sale between Pennypinchers and users cannot hold Pennypinchers liable if such goods are not available or the price has altered when the purchase cycle is completed later; and/or

12.1.2 constitute an order for such an item;

12.2 An agreement of sale between Pennypinchers and a user only comes into effect if and when the credit application is approved and the applicant is registered as a user to E-Trade.

12.3 Pennypinchers reserves the right to refuse to accept and/or execute an order in the event that the user enters in to breach of contract of the terms and conditions of credit agreement as entered in to with Pennypinchers.

12.4 Pennypinchers also reserves the right to cancel orders in whole or in part as circumstances dictate. Under no circumstances shall Pennypinchers be liable to the user for any amount greater than a refund of monies paid by the user.

13. STOCK AVAILIBILITY

13.1 If the items the user orders are unavailable, the store upon which the order is placed will contact the user as soon as possible to suggest a suitable replacement.

14. GUARANTEE

14.1 If a user is not satisfied with Pennypinchers purchase, he/she may return a purchase within 7 (seven) days of receipt:

14.1.1 If Pennypinchers supply the wrong product or if the product is in any way faulty or damaged, Pennypinchers will exchange it for the correct one. Pennypinchers will make a reasonable effort to exchange the product, but if replacement is not possible, Pennypinchers will refund the purchase price including delivery cost.

14.1.2 Special offers: If Pennypinchers supply the wrong product or if the product is in any way faulty or damaged, Pennypinchers will exchange it for the correct one.

14.1.3 If the user is not satisfied with his/her choice and the product is still in mint condition, the user may return it and Pennypinchers will refund the purchase price (excluding delivery costs).

15. GOVERNING LAW

15.1 This site is hosted, controlled and operated from the Republic of South Africa and therefore governed by South African law.

16. PRIVACY

16.1 User privacy is very important to Pennypinchers and therefore any information the user provides to Pennypinchers is stored on a secure server.

16.2 The Pennypinchers website does make use of "cookies". A cookie is a small piece of data that is stored in the Internet browser on a computer. Cookies are used to provide information about user preferences on a website. In this way Pennypinchers is able to provide better and more customised content and service to users. The only personal information a cookie can contain is information users supply themselves and cookies cannot read information off a user hard drive. Users can choose to prevent the site from accessing this information by disabling the cookies in the Internet browser options menu.

16.3 Pennypinchers does not sell or rent personal information about individual users, such as name, address, email address, telephone or fax numbers, to third parties.

16.3.1 Users that have access to the Pennypinchers E-Trade facility are required to supply their name, ID number, email address and a contact number. These details are used to verify who you are and to allow Pennypinchers to follow-up on orders placed on the Pennypinchers E-Trade.

16.3.2 Pennypinchers provides each E-Trader with initial login and password details. The onus is upon the user to change these details on the first login and to ensure this information remains private to the user.

16.4 Pennypinchers may disclose personal information in response to a specific request by a law enforcement agency, subpoena, a court order or as required by law.

17. SECURITY

17.1 Pennypinchers uses industry standard technology to ensure the security of users personal and company information as this data travels over the Internet. However, there is no 100% secure transmission of data on the Internet given the current state of technology.

17.2 No payment is conducted over the Internet via the Pennypinchers E-Trade site. Payment is conducted in accordance with the Credit Application agreement as entered into with Pennypinchers.

17.3 Any person that delivers or attempts to deliver any damaging code to this website or attempts to gain unauthorised access to any page on this website may be prosecuted and civil damages shall be claimed in the event that Pennypinchers suffers any damage or loss.

17.4 The user agrees and warrants that its login name and password shall:

17.4.1 be used for personal use only; and

17.4.2 not be disclosed to any third party; and

17.4.3 Pennypinchers accepts no liability for any fraudulent employment of the users login name and password resulting in purchases against the users credit application agreement.

17.5 The user allows Pennypinchers to take all reasonable steps to ensure the integrity and security of the Pennypinchers site and back-office applications.

18. CHANGES TO AGREEMENT

18.1 Pennypinchers may, in its sole discretion, change this agreement or any part thereof at any time without notice.

19. DISPUTES

19.1 In the event of any dispute of any nature whatsoever arising between the parties on any matter provided for in, or arising out of this agreement, and not resolved through the Pennypinchers store where the credit application is held, the user agrees that these terms and conditions shall take precedence over their terms and conditions.

20. DOMICILIUM

20.1 Pennypinchers chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature, 86 Fitzmaurice Avenue, Epping Two, Cape Town.

21. TERM AND TERMINATION

21.1 This agreement shall commence when the credit application is approved and the user is registered on the Pennypinchers site and continues indefinitely until terminated by Pennypinchers in terms of clause 17.1 hereto or for any other reason.

22. GENERAL INFORMATION

22.1 Pennypinchers Building Materials (Pty) Ltd is a division of PG Bison (Pty) Ltd Reg.No. 1981/009608/07 VAT Reg.No. 4240112500. Directors: CJH van Niekerk (Chairman) PJ Dukas (Managing Director) AR Norval, GSI Collins