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Sublethal Terms and Conditions of Sale

Definitions

“Bullet”: round nylon ball of approximately 17mm diameter, made specifically for paintball markers. Bullets with a soft exterior may result in the paintball marker jamming.

“Company”: Sublethal PTY LTD company registration 2018/463849/07 .

“Customer”: Customer refers to the person or entity purchasing the equipment from the company. The customer may also be the installer.

“Equipment”: Equipment sold by the company to the customer. Equipment is composed of multiple parts.

“Equipment Installation Standard”: a minimum standard that must be met when installing the equipment. This standard changes from time to time and the latest version can be downloaded from the company's website.

“Installer”: The person or entity installing the equipment.

“Maintenance Schedule”: a schedule of maintenance, repairs and replacements that can be requested from the company and may be available on the company website.

“Restocking fee”: a fee billed to the customer when a customer returns equipment or parts to enable the company to resell that equipment or parts.

“Inspection fee”: a fee billed to the customer to inspect equipment or parts.

“User”: the person operating the equipment.


Introduction

By purchasing or taking possession of equipment from the company the customer agrees to all to the terms and conditions set out in this agreement. It is understood that the terms and conditions in this agreement shall prevail over any variation in terms and conditions on any purchase order or other document that the customer may issue.

Ownership

Payment terms are strictly C.O.D. (cash on delivery) or upfront payment for all equipment. The company accepts payment by way of cash, credit card, debit card and electronic funds transfers (EFT)/deposits into the company’s nominated bank account.

The customer shall not be entitled under any circumstances to withhold payment for any equipment that the customer has taken possession of.

The risk to any equipment purchased from the company shall pass to and vest in the customer from the time the equipment is signed for or immediately upon delivery to the customer or to the address nominated by the customer for delivery. In the case of delivery by any other party, including delivery by freight, liability for the equipment passes to the customer at the time the equipment leaves the company. The customer further acknowledges that unless it notifies the company within 10 days of delivery in writing of any defect, it acknowledges that the equipment was delivered in good condition.

All prices are subject to change by the company. Should there be any legitimate error made by any employee or agent of the company in relation to any price quoted to the customer, the customer shall be notified of any price changes and the erroneous price shall not be binding.

The equipment is owned by the company until the equipment has been paid for in full. The equipment may not be installed nor made operational until paid for in full. The company has the right to repatriate equipment that is not paid for in full, which may include removing installed equipment without obligation to repair or redecorate any damages caused to effect the removal of equipment. Equipment that is returned to the company may incur a restocking fee and/or inspection fee. The company may abandon in whole or in part any equipment that it owns, but this shall not be held to constitute a waiver of the right of the company to collect any fees or charges from the customer.

Delivery

All equipment is to be collected from the company's premises.

The customer may choose to have the equipment delivered. The delivery dates agreed to are given in good faith and all reasonable effort will be made to comply with them. In the event that delivery cannot take place at the agreed time and date, then the customer and the company shall agree to a reasonable extended time period.

Installation of equipment

The company does not ordinarily perform installations. In the event that employees, agents or contractors from the company assist in an installation, the equipment will not be deemed to be installed partly or wholly by the company; the entire responsibility for installation will be held with the installer. In the event of the customer installing the equipment, then the customer will be considered the installer.

It is the responsibility of the installer to ensure that the equipment is working to a satisfactory standard. Defective equipment must be returned to the company for repair or replacement.

The equipment is dangerous if not used or installed properly. The installer must follow the safety procedures on the Equipment Installation Standard.

Warranty and Repairs

The equipment has a warranty of 6 months from date that the customer has taken possession of the equipment, subject to all of the following being met:

- The equipment is installed to the Equipment Installation Standard.

- The equipment is not involved in a fire, natural disaster, lightning strike, insect infestation, force majeure or act of god.

- The equipment is not subjected to tampering, riot, vandalism or criminality.

- The equipment has not been modified by a party other than the company.

- The equipment is not subjected to unreasonable operating environments including but not limited to contact with corrosive chemicals, excessive temperatures, excessive humidity, power surges, liquid ingress.

- The equipment has been properly operated, maintained and serviced according to the Maintenance Schedule.

- The equipment is used as intended, according to this agreement.

A repair or exchange of a part of the equipment within the warranty period will carry a further warranty period of three months, such repair, however will not extend the duration of the original warranty period. Any other faults occurring will be treated as a separate repair.

Repaired items will not be released to the customer until any payment due in respect thereof has been received.

The company reserves its rights to sell/resell all repaired equipment which are not collected within 120 days of repair, in order to defray costs.

Returns and refunds

All equipment returned that are repackaged in the original packaging are subject to a reasonable handling fee and restocking fee. The customer acknowledges that the right to return the equipment shall be limited to the company’s discretion in the event that the equipment is used, damaged, partially or entirely disassembled, physically altered, permanently installed, affixed, attached, joined or added to, blended or combined with, or embedded within, other equipment or property.

It is further agreed that no equipment will be accepted for return/exchange and/or refund by the company after the lapse of 3 months from date of the customer taking possession of the equipment.

All electronic equipment will be tested before any exchange, credit or refund will be issued.

Applicable laws

These terms and conditions are governed by and must be interpreted under the laws of the Republic of South Africa. This applies even if any of the following apply:

a) The customer does not live in the Republic of South Africa;

b) The customer agreed to these terms and conditions outside the Republic of South Africa;

c) The equipment is used outside of the Republic of South Africa.

It is the responsibility of the customer to comply with any building regulations, laws and by-laws.

Customer responsibility

The paintball marker and the equipment are not toys.

The customer asserts that they will use the equipment for legal purposes only on properties that the customer owns or has authority to operate on. The customer is responsible for the use of the equipment.

The customer must secure the product and ensure that only responsible persons have access to the equipment.

The key lock will only lock the hand controller from being used, it does not prevent the control circuitry from moving. If another hand controller is connected to the control circuitry, then the product will function. All reasonable measures must be taken by the customer to ensure that the equipment cannot be accessed, and thus operated, by unauthorised people

The equipment was designed and intended for self defence only. The customer will only use, and permit other people to use, the equipment for self defence.

The customer must be mindful that use of the equipment may result in one or more of the following, where this list is not exhaustive:

- Death or injury to people

- Death or injury to animals

- damage to property

- stampede or animals charging

- noise nuissance

The customer must make all people with access to the equipment familiar with the uses and limitations of the equipment. The customer must not allow access to any people whom:

- are not responsible;
- are not familiar with the dangers, uses and limitations of the equipment;
- do not understand the laws applicable to self defense and the principle of the use of minimum force.

When not being used, the equipment must be aimed in a safe direction which cannot harm people, animals or property. Although unlikely, it is possible that the equipment shoots when it is not operated. eg. if a brick is thrown and strikes the equipment, it may shoot.

Maintenance

All equipment requires regular maintenance to ensure that it operates properly. It is the responsibility of the customer to have the equipment maintained as per the Maintenance Schedule for each part of the equipment. Failure to maintain the equipment may result in the equipment not performing to specifications.

The paintball marker will not function without propellant gas. It is the responsibility of the user to ensure that there is always sufficient propellant gas. Propellant gas always leaks out of the paintball marker, so the propellant gas storage tank should be frequently refilled or exchanged.

The paintball marker will not function without bullets. The equipment bullet feeder system requires bullets in the bullet feeder system to operate. Thus, if 50 bullets are put into the bullet hopper, on some versions of equipment only 30 of those bullets can be shot from the paintball marker. Also, even when the paintball marker appears to have shot all bullets, there will be bullets in the bullet feeder system that may load into the paintball marker unpredictably. The customer must always treat the paintball marker as if it were charged and loaded.

Equipment performance

The equipment is designed and intended to be 99% reliable for the following:

- move left and right, up and down, remain stationary.

- when the user arms the equipment with the key and presses the trigger button, then the paintball marker trigger will be pulled.

- operate for up to 15 minutes continuously for up to 3 times per day.

The company does not guarantee that the equipment will work all the time

The equipment is not designed and not intended for the following:

- to be used from a moving vehicle or object, except where it is specifically stated on the equipment that it has been designed for that purpose;

- for illegal purposes;

- to be used with any device other than a paintball marker specified by the company;

- To be upgraded or modified by anyone other than the company.

The equipment may fail or perform poorly in the following conditions:

- Electromagnetic interference may cause poor video signal and negatively affect the equipment's operation.

- When the equipment is not maintained correctly.

Performance not guaranteed by the company

- The aiming marker on the user control interface is only an indication of where the bullets will hit. Installation, distance, altitude, air pressure, wind, temperature, humidity, gas level, bullet weight, bullet dimensions, barrel cleanliness and dust all affect the exact position that the bullet hits.

- The company does not guarantee that every time that the product is armed with the key and the trigger button is pressed, that a bullet will be ejected. Innumerable factors may prevent a bullet from being ejected such as a bullet jam, insufficient propellant gas, debris in the paintball marker barrel, etc.

Equipment upgrades

- the standard equipment offers a base level of functionality. The customer should upgrade the equipment with the company's equipment upgrades should their requirements or the environment require it.

Liability

The customer agrees that the company shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, intangible losses resulting from or in any way associated with (I) the provision, nature, substance or use of, or the inability to use, the equipment; (II) the cost or consequences of procurement or use of substitute equipment or services; (III) unauthorised access to the equipment; (IV) statements or conduct of any third party on the company's equipment; (V) any grossly negligent, negligent or innocent act or omission, its affiliates, officers, directors, employees, contractors or agents.

Malfunctioning equipment or parts will be replaced or fixed, at the discretion of the company. In the event that the company is unable to fix or replace the equipment or parts under warranty, then the company will refund the customer for the part that is malfunctioning; the price of the part to be determined by the company's retail price list at the time of sale. The costs of re-installing equipment that has malfunctioned will not be for the account of the company. The customer acknowledges that new technology is prone to problems and that the company sells new technology. Defective equipment must be returned to the company for repair or replacement.

The customer indemnifies the company against any claims made against the company by any third party arising from use of the equipment or the equipment malfunctioning.

The company shall not be liable to the customer or any third party for any loss or damage by reason of the non-delivery of equipment or for any delay in executing delivery caused by any reason which includes but is not limited to: force majeure, acts of God, war, riots, civil commotion, strikes, lockouts, restrictions by Government.

All legal costs arising out of any dispute in terms of this agreement will be determined and claimed on the scale as between attorney and own client.

The customer acknowledges and understands that after delivery, the equipment shall have left the control of the company, and that the customer shall be responsible for the unpacking and installation of the equipment. The customer acknowledges that it is their further responsibility to ensure that a fully qualified and fully trained technician must be used in order to install the equipment to ensure their effective operation. Failure by the customer to ensure the installation of the equipment, as instructed by the company, by a fully trained and qualified technician, may result in the failure of the equipment, injury, loss or damages to the customer. The company accepts no responsibility for any loss or damages that might arise while engaged in the installation of the equipment.

The company shall not be liable to the customer or any third party for losses as a result of shortage of stock.

General

The terms and conditions contained in this agreement constitute the entire agreement between the company and the customer and no addition to, variation or cancellation of these standard terms and conditions of sale shall be of any force or effect unless contained in writing and signed by or on behalf of both parties. In particular, the customer agrees that any term or condition which may on any order, written or verbal, and which is at variance with the terms of this agreement, shall be of no force or effect unless incorporated in a document signed by a director of the company and the customer and which has been prepared specifically for the purpose of varying the terms of these conditions.

Any relaxation or indulgence which the company may show or allow to the customer shall operate only in respect of the issue in which it was given and shall in no way constitute a novation or waiver or estoppel against or by the company or in any way prejudice the company in respect of its rights against the customer. The company has the right to enforce the rights in this agreement at any time.

The company has the right at any time to transfer all or some of the company's rights in terms of the agreement to any third party without the customer's permission. This transfer of rights is known as a cession. The company will write to the customer to inform them of any cession that the company intends to make. The company does not have to inform the customer if the company cedes the rights to any of the companies affiliates or to any sub-contractors appointed by the company. As far as the law allows, the company has the right to transfer all or some of the company's legal responsibilities under the agreement to any third party without the customer's permission, which is known as delegation. The company will write to the client to inform them of any delegation. The company does not have to inform the customer if the company delegates the legal responsibilities to any of the company's affiliates or to any sub-contractors appointed by the company. The customer shall not be entitled to cede its rights, delegate its obligations, or assign its rights and obligations.

Each provision in the agreement is separate. Parts of a provision are also separate. If any provision or part of a provision is or becomes illegal, invalid or unenforceable for any reason, it must be treated as if it had not been included in these terms and conditions. This does not make the rest of the provisions illegal, invalid or unenforceable.

The company has the right to make changes to the agreement from time to time. The changes will be published on the company website.

The company may change its charges, fees and prices at any time without notice.

When the company writes to the customer it will take the form of email and/or SMS to the customer's last known contact details.

No party shall be liable for any grossly negligent, negligent or innocent representations which induced the other party to enter into this agreement.