.svg)
1. Parties
1.1 Mosebe Enterprise (Pty) Ltd (registration number 2023/114827/07), a private company incorporated in the Republic of South Africa, with its principal place of business at 9 Davids Road, Muizenberg, Cape Town, Western Cape, 7945, acting through its duly authorised representative (“Mosebe”, “we”, “us”, or “our”). Directors (for information): Vincent Friday Mosebe and Leandro Uviwe Antonio.
1.2 Customer means the natural person or juristic person identified on the Order Form (including full name, ID/registration number, physical address, and contact details) (“Customer”, “you”, or “your”).
1.3 Mosebe and the Customer are together the “Parties” and individually a “Party”.
1.4 Contact Channels for Mosebe are info@mosebeenterprise.co.za and +27 63 104 8464, as may be updated by written notice.
2. Definitions and Interpretation
2.1 Agreement means this End-User Agreement (including all annexures), together with the signed Order Form, the Warranty (Annexure A), the Use Guidelines/User Manual (Annexure B), and any written variations signed by both Parties.
2.2 Order Form means the written, electronic or in-app form completed and signed/accepted by the Customer setting out the Product selected, Price, any Subsidy, Beneficiary Contribution, payment plan (if any), delivery/hand-over details, and Customer particulars.
2.3 Device means the Tsepho V3 portable power station supplied by Mosebe, consisting of a lithium battery and integrated inverter/outputs as specified on the Order Form.
2.4 Package (or Tsepho V3 Package) means the Device together with the accessories included in the quoted offer (for example: solar panel, LED bulb(s), wiring/ports, pulse charger and standard cabling), as specified on the Order Form.
2.5 Price means the total purchase price for the Package as stated on the Order Form. Mosebe is not VAT registered; accordingly, the Price is exclusive of VAT and no VAT will be charged unless and until Mosebe becomes obliged by Law to do so (which will apply to future transactions after notice).
2.6 Subsidy means any third-party financial contribution (from a funder, NGO, government body or community partner) applied toward the Price, as recorded on the Order Form. A Subsidy is non-refundable and does not create any contractual rights, claims or defences for the funder against the Customer, nor any obligations by the Customer to the funder under this Agreement.
2.7 Beneficiary Contribution means the portion of the Price payable by the Customer after any Subsidy is applied (including any required Deposit and any agreed Instalments).
2.8 Deposit means the upfront amount (if any) payable by the Customer on order or prior to hand-over.
2.9 Instalment Plan means a payment plan agreed in writing in terms of which the Beneficiary Contribution is paid over time. Unless otherwise stated on the Order Form, instalments are non-interest-bearing, carry no initiation or monthly service fees, are payable over a period of 2–4 months, and are structured so that the arrangement does not constitute a “credit agreement” for purposes of the NCA. If any proposed variation would cause the arrangement to fall within the NCA, the Parties will not proceed on those terms unless they enter into a separate, NCA-compliant credit agreement.
2.10 Outstanding Amount means any amount due and payable by the Customer under this Agreement that remains unpaid after the due date.
2.11 Default means the Customer’s failure to pay any amount due on its due date, or any other material breach of this Agreement not remedied within the time allowed under clause 8 (Default & Repossession).
2.12 Delivery or Hand-Over means the date the Package is physically delivered to, and accepted by, the Customer (or the date installation is completed, if Installation Support is provided), as recorded on the delivery note or hand-over form (“Hand-Over Date”).
2.13 Installation Support means reasonable assistance by Mosebe or its authorised installer to connect, test and demonstrate the Package at the Customer’s premises (if offered for the specific sale and recorded on the Order Form).
2.14 Premises means the delivery/installation address stated on the Order Form.
2.15 Warranty means Mosebe’s limited warranty for the Package (Annexure A), including its Warranty Period, conditions, exclusions and claim procedure.
2.16 Use Guidelines or User Manual means the written safety and usage instructions provided with the Package (Annexure B), as updated from time to time in a manner reasonably notified to the Customer.
2.17 Risk Transfer means the point at which the risk of loss or damage to the Package passes to the Customer (addressed in clause 4).
2.18 Ownership Transfer means the point at which title in the Package passes to the Customer (addressed in clause 4).
2.19 Business Day means any day other than a Saturday, Sunday or official public holiday in the Republic of South Africa; Business Hours means 09:00–17:00 on a Business Day.
2.20 CPA means the Consumer Protection Act, 68 of 2008 and its regulations.
2.21 POPIA means the Protection of Personal Information Act, 4 of 2013 and its regulations.
2.22 NCA means the National Credit Act, 34 of 2005 and its regulations (applicable only where a transaction falls within the NCA).
2.23 Personal Information, Processing, Responsible Party and Operator have the meanings given in POPIA.
2.24 CRM means Mosebe’s customer relationship management system used to store and manage Customer information, payments, service tickets and installation records.
2.25 Contact Channels means the communication details identified on the Order Form and clause 1.4 (including telephone/WhatsApp number and email) and any replacements reasonably notified by a Party in Writing.
2.26 Force Majeure means an event beyond a Party’s reasonable control (including natural disasters, acts of government, widespread grid outages, strikes, riots or civil commotion, war, epidemic, pandemic, or failure of suppliers or transport not caused by the affected Party) that prevents or delays performance.
2.27 Law means the laws of the Republic of South Africa, including all amendments, regulations and subordinate legislation in force from time to time.
2.28 Writing includes email, SMS and WhatsApp messages sent via the Contact Channels, except where this Agreement specifically requires a signed document.
2.29 Interpretation Rules. Headings are for convenience only and do not affect interpretation; words in the singular include the plural and vice versa; “including” means “including without limitation”; references to any statute include its amendments and re-enactments; references to currency are to South African Rand (ZAR).
2. Product Description
2.1 Scope of the Package
2.1.1 The Package sold under this Agreement is the Tsepho V3 portable power station bundle described below and on the Order Form. It consists of the Device together with the included accessories.
2.1.2 Standard inclusions (as at the September offer referenced in Mosebe’s advert):
(a) Tsepho V3 Unit with integrated 1500W inverter (AC output ports and DC/USB outputs as per the Specification Sheet);
(b) 250W solar panel (one panel);
(c) LED light bulb + bulb holder + ±1m low-voltage cable (speaker wire) for connection; and
(d) Charging accessory: Pulse charger (for AC charging when grid power is available).
2.1.3 The Order Form prevails for the final list of inclusions for the Customer’s Package. Images used in adverts or brochures are illustrative; appearance may vary without reducing the Package’s functionality or performance as recorded in the Specification Sheet.
2.2 Serial Number, Registration and Tracking
2.2.1 Each Tsepho V3 Device bears a unique serial number affixed to the casing.
2.2.2 The serial number must be recorded on the Order Form at Hand-Over and captured in Mosebe’s CRM to link the Device to the specific Customer for warranty, service history, safety notices and after-sales support.
2.2.3 The Customer must not remove, deface or obscure the serial number; doing so may invalidate the Warranty (see Annexure A).
2.3 Technical Specifications and Versioning
2.3.1 Detailed technical specifications (including, without limitation, battery type/capacity, inverter rating, input/output ports, charging methods, safety features and expected performance ranges) are set out in the Specification Sheet for the relevant model/version, attached as Annexure C (the “Specification Sheet”).
2.3.2 Mosebe may issue updated Specification Sheets for subsequent versions or minor component changes (e.g., V2, V3 or later). An updated Specification Sheet becomes part of this Agreement only if identified on the Order Form for the Customer’s Package.
2.3.3 Where supply constraints require substitution of a component, Mosebe may supply a functionally equivalent or better component, provided this does not materially diminish the Package’s stated features or performance. Any such substitution will be noted on the Hand-Over checklist and forms part of this Agreement. If a proposed substitution would materially change the Package, the Customer may decline before Hand-Over and obtain a refund of monies paid (less any reasonable costs permitted under the CPA).
2.4 Exclusions (What is not included unless recorded on the Order Form)
Except where expressly listed on the Order Form, the Package does not include:
(a) additional LED bulbs, holders or wiring beyond the single set listed in clause 2.1.2(c);
(b) extra solar panels, mounting frames, roof brackets or extended cabling;
(c) external battery packs or higher-capacity batteries;
(d) accessories for specialised appliances (e.g., TV aerials, routers, in-line voltage stabilisers, surge protection devices);
(e) installation services beyond basic connection, testing and demonstration at Hand-Over (Additional installation or wiring beyond the basic package may be offered under a separate quotation); or
(f) any software, cloud services or data connectivity.
Note: Any optional extras or services purchased will be itemised and priced on the Order Form or a separate service quotation/acceptance.
2.5 Accuracy, Plain Language and CPA Alignment
Except where expressly listed on the Order Form, the Package does not include:
(a) additional LED bulbs, holders or wiring beyond the single set listed in clause 2.1.2(c);
(b) extra solar panels, mounting frames, roof brackets or extended cabling;
(c) external battery packs or higher-capacity batteries;
(d) accessories for specialised appliances (e.g., TV aerials, routers, in-line voltage stabilisers, surge protection devices);
(e) installation services beyond basic connection, testing and demonstration at Hand-Over (Additional installation or wiring beyond the basic package may be offered under a separate quotation); or
(f) any software, cloud services or data connectivity.
Note: Any optional extras or services purchased will be itemised and priced on the Order Form or a separate service quotation/acceptance.
2.6 Relationship to Subsidy / Co-Pay Model
2.6.1 The Subsidy (if any) reduces the amount of the Beneficiary Contribution payable by the Customer but does not alter the content of the Package described in this Section 2. A Subsidy is non-refundable and does not create rights for the funder against the Customer.
2.6.2 The Customer is entitled to receive the Package described in this Section 2 upon Delivery/Hand-Over in accordance with the Order Form, and Ownership Transfer occurs only as set out in clause 4 once the Beneficiary Contribution is paid in full. The presence or absence of a Subsidy does not change the scope of what is supplied.
3. Purchase, Price & Payment Terms
3.1 Price (Retail)
3.1.1 The retail Price of the Tsepho V3 Package is R6 500 (six thousand five hundred Rand).
3.1.2 As stated in clause 2.5, Mosebe is not VAT registered; all Prices are exclusive of VAT and no VAT will be charged unless and until Mosebe becomes obliged by Law to do so (which will apply to future transactions after notice).
3.1.3 The Price covers the Package described in Section 2 and excludes any extras unless expressly listed on the Order Form.
3.2 Subsidy (Pilot Discount)
3.1.1 The retail Price of the Tsepho V3 Package is R6 500 (six thousand five hundred Rand).
3.1.2 As stated in 3.2.1 For the September 2025 pilot, a funder-supported Subsidy of R2 500 (two thousand five hundred Rand) per unit applies to qualifying sales recorded during the pilot period.
3.2.2 The Subsidy is non-refundable, non-transferable, and applied only to reduce the amount payable by the Customer under this Agreement.
3.2.3 The Subsidy does not create any contractual rights, claims or defences for the funder against the Customer, nor any obligations by the Customer to the funder.
3.2.4 If the sale is cancelled or unwound due to the Customer’s Default (see clause 3.7 and Section 8), the Subsidy is forfeited. Nothing in this clause limits any non-waivable rights the Customer may have under the CPA. 2.5, Mosebe is not VAT registered; all Prices are exclusive of VAT and no VAT will be charged unless and until Mosebe becomes obliged by Law to do so (which will apply to future transactions after notice).
3.1.3 The Price covers the Package described in Section 2 and excludes any extras unless expressly listed on the Order Form.
3.3 Beneficiary Contribution (Payable by Customer)
3.3.1 Under the pilot terms, the Customer’s Beneficiary Contribution is R4 000 (four thousand Rand).
3.3.2 The Order Form must display, as separate line items:
(a) the retail Price (R6 500);
(b) the Subsidy applied (R2 500); and
(c) the resulting Beneficiary Contribution (R4 000).
3.3.3 The Parties record that the Customer is legally obliged only for the Beneficiary Contribution shown on the Order Form for the specific sale, subject to this Agreement.
3.4 Deposit
3.4.1 A Deposit equal to 50% of the Beneficiary Contribution (i.e., R2 000) is payable before Hand-Over to secure the order.
3.4.2 Unless otherwise required by the CPA, the Deposit is not refundable if the Customer cancels after Mosebe has incurred reasonable costs to fulfil the order (e.g. sourcing, assembly, transport). Any refundable portion (if applicable under the CPA) may be reduced by reasonable charges permitted by Law.
3.5 Instalments (Administrative Convenience)
3.4.1 A Deposit equal to 50% of the Beneficiary Contribution (i.e., R2 000) is payable before Hand-Over to secure the order.
3.4.2 Unless othe3.5.1 The Balance of the Beneficiary Contribution (i.e., R2 000) is payable in equal instalments over 2–4 months, as selected on the Order Form at the time of sale.
3.5.2 Instalments are non-interest-bearing and no initiation or monthly service fees are charged by Mosebe.
3.5.3 The instalment schedule (amounts and due dates) will be recorded on the Order Form and tracked in Mosebe’s CRM.
3.5.4 The Parties record that this instalment arrangement is not a “credit agreement” under the NCA. If any proposed variation would cause the arrangement to fall within the NCA, the Parties will not proceed on those terms unless they enter into a separate, NCA-compliant credit agreement.
3.5.5 The Customer may not withhold, defer or set-off any instalment payment, except where permitted by Law.rwise required by the CPA, the Deposit is not refundable if the Customer cancels after Mosebe has incurred reasonable costs to fulfil the order (e.g. sourcing, assembly, transport). Any refundable portion (if applicable under the CPA) may be reduced by reasonable charges permitted by Law.
3.6 Risk Transfer & Ownership (Retention of Title)
3.6.1 Risk of loss or damage to the Package passes to the Customer on Hand-Over (see Section 2).
3.6.2 Ownership/title in the Package remains with Mosebe and transfers to the Customer only when the Beneficiary Contribution (R4 000) is received in full.
3.6.3 Until Ownership Transfer, the Customer shall: (a) keep the Package in good order, (b) not sell, lease, pledge or otherwise encumber it, and (c) take reasonable care to prevent loss or damage.
3.7 Default & Remedies (summary; see Section 8)
3.7.1 If the Customer fails to pay any instalment or other amount on its due date, the Customer is in Default (as defined in Section 1 and expanded in Section 8).
3.7.2 On Default, and without limiting any other remedy under Section 8 or Law, Mosebe may:
(a) suspend after-sales support;
(b) demand immediate payment of Outstanding Amounts; and/or
(c) repossess the Package (retaining amounts already paid) and claim reasonable costs of collection, tracing, repossession, refurbishment and legal enforcement as permitted by Law. Repossession may include entering the premises with consent or a court order
3.7.3 Amounts already paid are generally non-refundable where repossession follows Customer Default; however, nothing herein limits any non-waivable rights the Customer may have under the CPA (for example, in the case of a defective Package properly returned under the CPA).
3.8 Payment Methods, Receipt & Recording
3.8.1 Payments may be made by EFT, PayFast or similar payment gateway, or other methods approved by Mosebe in writing. If the Customer elects a third-party BNPL/credit product, any related credit agreement is between the Customer and that third-party provider, and does not amend this Agreement.
3.8.2 Payments are deemed received when they reflect in Mosebe’s designated bank account or when settlement is confirmed in writing by the payment gateway/BNPL provider to Mosebe.
3.8.3 Mosebe will issue receipts and record all payments, instalments and balances in its CRM. Statements are available on request during Business Hours.
4. Ownership & Risk
4.1 Retention of Title and Ownership Transfer
4.1.1 Ownership/title in the Package remains the exclusive property of Mosebe until Mosebe has received payment in full of the Beneficiary Contribution for that sale (currently R4 000 under the pilot; or the full customer-payable amount recorded on the Order Form for future offers).
4.1.2 Deposits and instalments paid prior to payment in full do not transfer ownership; they merely reduce the Outstanding Amount.
4.1.3 Upon receipt by Mosebe of all amounts due under this Agreement, Ownership Transfer occurs automatically and will be noted in Mosebe’s CRM and, on request, confirmed in writing to the Customer.
4.2 Risk of Loss, Theft or Damage
4.2.1 Risk of loss, theft, damage or destruction to the Package passes to the Customer on Hand-Over/Delivery (the Hand-Over Date) as recorded on the delivery/hand-over form, even if any instalments remain outstanding.
4.2.2 From the Hand-Over Date the Customer is responsible for safekeeping, proper use and reasonable protection of the Package, including compliance with the Use Guidelines/User Manual (Annexure B).
4.2.3 Mosebe does not provide insurance cover for the Package after Hand-Over. Mosebe recommends (but does not require) that the Customer consider household or portable equipment insurance where available.
4.3 Customer Duties Before Ownership Transfer
Until Ownership Transfer, the Customer shall:
(a) keep the Package in good working order and use it only as intended and described in the Use Guidelines/User Manual and Specification Sheet (Annexure C);
(b) not sell, lease, lend, pledge, cede, encumber, or otherwise dispose of or part with possession of the Package, nor permit any lien or other charge over it;
(c) not modify or open the Package, bypass safety features, or use non-approved parts or cables, except as permitted in the Use Guidelines/User Manual;
(d) not remove, deface or obscure the serial number label;
(e) notify Mosebe promptly (using the Contact Channels) if the Package is stolen, lost, damaged, destroyed or appears defective, and follow any reasonable instructions for safety, inspection or repair; and
(f) take reasonable steps to prevent damage from moisture, heat, impact, overloading or improper connections, and to store/operate the Package within the ranges stated in the Specification Sheet.
4.4 Theft, Loss and Damage — Reporting and Consequences
4.4.1 In the event of theft or suspected theft, the Customer must report the incident to the SAPS and provide Mosebe with the case/reference number as soon as reasonably possible.
4.4.2 Theft, loss or accidental damage does not suspend the Customer’s payment obligations (see Section 3), save to the extent required by Law.
4.4.3 If a stolen Package is later recovered, the Customer must inform Mosebe immediately. Any repair/refurbishment required due to damage, misuse or missing parts may be charged to the Customer where permitted by the CPA.
4.5 Inspection and Access (while Title is Retained)
4.5.1 On reasonable prior notice during Business Hours, Mosebe may request to inspect the Package to verify condition, serial number and compliance with this Agreement. Inspections will be conducted in a manner that minimises disruption and respects the Customer’s premises and privacy.
4.5.2 The Customer shall co-operate with reasonable arrangements for inspection, repair or safety recalls where applicable.
4.6 Repossession on Default (summary; see Section 8)
4.6.1 If the Customer is in Default (as defined and further dealt with in Section 8), Mosebe may exercise retention-of-title remedies, including repossession of the Package.
4.6.2 Repossession will be carried out lawfully, either with the Customer’s written consent to collection at a reasonable time and place, or pursuant to a court order or other lawful enforcement process where consent is not granted. Mosebe and its agents will not breach the peace or enter premises unlawfully.
4.6.3 Where repossession follows Customer Default, amounts already paid are generally non-refundable and Mosebe may claim reasonable costs of tracing, collection, transport, testing, repair/refurbishment (to a commercially saleable condition), and legal enforcement as permitted by the CPA and other applicable Law. Nothing in this clause limits any non-waivable CPA rights of the Customer (including rights in respect of defective goods).
4.7 Force Majeure
4.7.1 A Force Majeure event (as defined in Section 1) occurring after Hand-Over does not shift the risk of the Package back to Mosebe; risk remains with the Customer.
4.7.2 If a Force Majeure event prevents or delays Mosebe from performing after-sales obligations, those obligations are suspended for the duration of the event and will resume as soon as reasonably practicable thereafter.
4.8 Electronic Communications & Notices (ECTA alignment)
4.8.1 Notices under this Section 4 (including theft/damage notifications and inspection/recovery arrangements) may be exchanged via the Contact Channels recorded in this Agreement and the Order Form.
4.8.2 Communications sent via those channels constitute “Writing” for purposes of this Agreement and Law, consistent with the Electronic Communications and Transactions Act (ECTA). For evidentiary purposes, a message is deemed received when it can be retrieved by the intended recipient during Business Hours.
4.9 Consumer Protection Safeguard
4.9.1 Nothing in this Section 4 excludes or limits the Customer’s non-waivable rights under the Consumer Protection Act (CPA), including the statutory warranty of quality and remedies for defective goods.
4.9.2 To the extent of any conflict between this Section and non-waivable provisions of Law, the Law prevails, and the remaining provisions continue in force.
5. Use & Responsibilities
5.1 Permitted Use (Scope)
5.1.1 The Tsepho V3 is a plug-and-play portable power station intended to power small appliances and devices within the limits stated in the Use Guidelines/User Manual (Annexure B) and the Specification Sheet (Annexure C). Typical examples include LED lights, Wi-Fi routers, mobile phones, laptops, radios/low-power speakers and televisions.
5.1.2 The Package is not a whole-house backup system and must not be used to back-feed a premises’ distribution board or otherwise supply fixed wiring.
5.1.3 The Customer must observe all power and energy limits, including continuous wattage, surge (start-up) limits and duty cycles. Loads with induction motors or compressors (e.g., some fridges/pumps) may have high start-up currents; the Customer must confirm suitability against the Specification Sheet before connecting such loads.
5.2 Prohibited Actions
The Customer may not (and must not allow anyone to):
(a) Overload the Device, exceed rated outputs, or operate it outside specified environmental limits (temperature, humidity, ventilation);
(b) Bypass, disable or tamper with any safety feature, fuse, breaker or protection circuit;
(c) Open, modify, or attempt self-repair of the casing, battery pack, inverter or control boards without Mosebe’s prior written authorisation;
(d) Use non-approved external batteries, mix battery chemistries, or connect parallel/series batteries unless expressly permitted in Annexure B/C;
(e) Use non-approved wiring, connectors, chargers or accessories, including any male-to-male “back-feed” cable, or connect the Device to building mains or generators contrary to Annexure B/C;
(f) Daisy-chain inverters, alter polarity, or otherwise create unsafe configurations;
(g) Remove, deface or obscure the serial number label;
(h) Sell, rent, pledge, cede, encumber or otherwise dispose of the Package prior to Ownership Transfer (Section 4);
(i) Use the Package for unlawful purposes or in a manner that creates a material safety risk.
5.3 Customer Responsibilities (Care, Site and Safety)
5.3.1 Care & Environment. Keep the Package dry, clean, ventilated and away from heat sources, open flames, corrosive agents and impact. Do not place liquids on the casing.
5.3.2 Charging & Solar. Use only the supplied/approved charger and cabling. When using the solar panel, ensure stable placement/mounting, weather-appropriate use and strain relief on cables. Avoid tripping hazards and sharp bends.
5.3.3 Site Readiness. Where Installation Support is provided, the Customer must provide a safe, suitable site for connection/testing, including reasonable access, clear working space and compliance with basic safety precautions.
5.3.4 Manual Compliance. Operate strictly in accordance with Annexure B (User Manual) and Annexure C (Specification Sheet).
5.3.5 Faults & Safety. If the Package overheats, emits odour/smoke, makes abnormal sounds, trips repeatedly, or shows damage, the Customer must switch it off, disconnect loads where safe to do so, and promptly notify Mosebe via the Contact Channels.
5.3.6 Notifications. The Customer must promptly notify Mosebe if the Package is stolen, lost, damaged or defective and cooperate with reasonable instructions (including SAPS case number for theft) (see Section 4.4).
5.3.7 Access. The Customer shall allow reasonable access during Business Hours for inspection, servicing, recalls or lawful repossession as contemplated in Sections 4 and 8, on prior notice and in a manner that respects the Customer’s premises and privacy.
5.3.8 Data & Diagnostics (POPIA). The Customer acknowledges that the Device may store basic diagnostic data (e.g., error codes, charge/discharge events). Mosebe may retrieve and Process such data solely for warranty assessment, safety, service and quality improvement, in compliance with POPIA and the privacy terms in Section 9.
5.4 Consequences of Misuse
5.4.1 Warranty Impact. Any prohibited use, overloading, tampering, use of non-approved accessories/batteries, or failure to follow the Use Guidelines/User Manual may void or limit the Warranty to the extent permitted by Law (see Section 6 and Annexure A).
5.4.2 Liability for Damage. To the extent permitted by the CPA, the Customer may be held responsible for reasonable costs to repair or refurbish damage resulting from misuse, improper installation by non-authorised persons, or failure to comply with Annexure B/C.
5.4.3 Breach/Default.Material misuse or refusal to comply with safety instructions/inspections is a material breach. If not remedied within any applicable cure period under Section 8, it may constitute Default, entitling Mosebe to remedies including suspension of support and repossession in accordance with Section 8 and Law.
5.5 Communications & Evidence (ECTA)
5.5.1 Instructions, safety notices, and service arrangements may be communicated via the Contact Channels and will constitute Writing for purposes of this Agreement and ECTA.
5.5.2 Mosebe may keep electronic records of communications, checklists and photos of installations/serial numbers for evidentiary and safety purposes, in line with POPIA.
5.6 CPA Safeguard (Plain-Language and Non-Waiver)
5.6.1 This Section aims to promote safe, proper use and to protect both Parties. Nothing in this Section limits or waives the Customer’s non-waivable rights under the Consumer Protection Act (including the statutory warranty of quality and remedies for defective goods).
5.6.2 In the event of conflict between this Section and any non-waivable provision of Law, the Law prevails, and the remaining provisions continue to apply.
6. Warranty Reference
6.1 Warranty Certificate (Annexure A)
6.1.1 Mosebe provides a written Warranty Certificate for the Tsepho V3 Package, attached as Annexure A (the “Warranty”). The Warranty sets out the warranty period, coverage, conditions, exclusions, and the claims process.
6.1.2 The Warranty is incorporated into and forms an integral part of this Agreement. If the Warranty is updated for future product versions, the version identified on the Order Form for the Customer’s Package applies.
6.2 Customer Acknowledgement at Hand-Over
6.2.1 At Hand-Over, the Customer will receive the Warranty Certificate together with the User Manual (Annexure B) and the Specification Sheet (Annexure C).
6.2.2 The Parties will note on the Hand-Over checklist that the Customer has received Annexure A (Warranty), Annexure B (User Manual) and Annexure C (Specification Sheet).
6.2.3 The Warranty is linked to the Device’s serial number recorded on the Order Form and in Mosebe’s CRM.
6.3 Scope of Warranty (high-level reference)
6.3.1 Subject to Annexure A, the Warranty covers defects in materials or workmanship under normal use during the stated Warranty Period, provided the Package is operated, stored and maintained in accordance with Annexure B (User Manual) and Annexure C (Specification Sheet).
6.3.2 Misuse, overloading, tampering, opening the casing, bypassing safety features, using unauthorised accessories or external batteries, or otherwise operating the Package contrary to Annexure B/C may void or limit the Warranty to the extent permitted by Law.
6.3.3 The Warranty does not suspend or replace the Customer’s payment obligations under Section 3.
6.4 Exclusions (summary; see Annexure A for full list)
Without limiting Annexure A, the Warranty does not cover:
(a) normal wear-and-tear, consumables and cosmetic damage (e.g., scratches, discolouration that does not affect function);
(b) damage caused by accident, abuse, negligence, improper storage, liquid ingress, impact, overheating, overloading, incorrect installation by unauthorised persons, or operation outside specified limits;
(c) damage arising from unapproved repairs or modifications, non-approved wiring, chargers, external batteries or accessories;
(d) loss or damage due to Force Majeure events after Hand-Over; and
(e) removal/defacement of the serial number label.These exclusions are intended to be clear and fair and shall be interpreted consistently with the Consumer Protection Act, 68 of 2008 (CPA).
6.5 Claims Process (reference)
6.5.1 To make a claim, the Customer must follow the process in Annexure A, which typically requires:
(i) the Device serial number;
(iI) proof of purchase/Order Form;
(iII) a description of the fault; and
(iV) reasonable access for inspection, testing or return.
6.5.2 Communications about warranty claims may be made via the Contact Channels and constitute Writing for purposes of this Agreement and ECTA.
6.5.3 Mosebe will assess the claim in good faith and, if approved, will repair or replace the defective component/unit (or otherwise resolve the claim) in accordance with Annexure A and the CPA. Any allocation of transport/collection costs will be as stated in Annexure A, subject to the CPA.
6.6 CPA Non-Waiver
6.6.1 The Warranty is provided in addition to and not in substitution for the Customer’s non-waivable rights under the CPA (including the statutory warranty of quality and related remedies).
6.6.2 If there is any conflict between Annexure A/this Section and any non-waivable provision of the CPA, the CPA prevails, and the remaining provisions continue to apply.
6.7 Relationship to Other Sections
6.7.1 Proper use and care obligations appear in Section 5 and must be observed for the Warranty to apply.
6.7.2 Ownership & Risk (Section 4) explains that risk passes on Hand-Over and that the Warranty does not constitute insurance.
6.7.3 Default & Remedies (Section 8) governs enforcement actions and does not limit any valid Warranty claim the Customer may have under Law.
7. After-Sales Support
7.1 Scope of Support Services
7.1.1 Installation Support at Hand-Over. At the Hand-Over Date, Mosebe (or its authorised installer) will provide basic connection, testing and demonstration of the Package, and complete a Hand-Over checklist (including serial number confirmation, inclusions tick-off and basic use briefing).
7.1.2 Remote Troubleshooting. Mosebe provides remote assistance via the Contact Channels (WhatsApp/phone/email) for basic troubleshooting, usage guidance and safety notices.
7.1.3 Authorised Service Partners. Where physical assessment is required, Mosebe may allocate an authorised technician/service partner to conduct warranty assessments, minor repairs, and battery/charger checks.
7.1.4 Scheduled Maintenance/Health Checks (Optional). If offered from time to time, the Customer may book a preventative health check (e.g., terminal inspections, cable condition, firmware/settings validation where applicable) on a separately quoted basis.
7.1.5 Spare Parts. Replacement parts and consumables may be supplied subject to availability. Charges apply where the matter is outside Warranty (see 7.6 and Annexure A).
7.2 Service Availability and Response
7.2.1 Business Hours. Support is available during Business Hours (09:00–17:00 on Business Days).
7.2.2 After-Hours/Emergency. An after-hours WhatsApp channel may be monitored on a best-efforts basis; immediate response is not guaranteed. If a safety risk is suspected (overheating, odour/smoke, repeated tripping), the Customer must switch off, disconnect loads if safe, and await instructions.
7.2.3 Response Targets. Mosebe will use reasonable endeavours to acknowledge new tickets within one (1) Business Day and to propose a visit/collection window within three (3) Business Days where site work is required. These are operational targets and not service-level guarantees.
7.3 Access and Safety
7.3.1 The Customer must provide safe, reasonable access to the Premises for inspections, collection/return, repairs and safety recalls during Business Hours, on prior notice.
7.3.2 Technicians will carry identification and act lawfully and with minimal disruption. Mosebe and its agents will not breach the peace or enter premises unlawfully.
7.4 Conditions and Limitations of Support
7.4.1 Good Standing. Mosebe may suspend non-statutory support (e.g., optional maintenance, discretionary call-outs) while the Customer is in Default (see Section 8), provided that this does not affect the Customer’s non-waivable CPA rights or the processing of valid Warranty claims for defects.
7.4.2 Out-of-Scope Activities. After-sales support does not include: roofing/structural work or mounting frames; alterations to building wiring or any connection to a DB/mains; trenching or ladder/high-work beyond basic demonstration; configuration of third-party networks/TV aerials; or training beyond the basic use briefing at Hand-Over.
7.4.3 Misuse/Non-Warranty Issues. Support does not cover damage or issues arising from misuse, overloading, unauthorised modifications/repairs, non-approved accessories/batteries, liquid ingress, impact, or operation outside specified limits (see Sections 5 and 6, Annexure A/B/C).
7.4.4 No-Fault-Found / Extras. Where an on-site inspection reveals no defect with the Device, or where the Customer requests extras (additional bulbs, mounting, extended cabling, extended training), Mosebe may charge a reasonable call-out/service fee as quoted.
7.5 Requests, Ticketing and Tracking (POPIA/ECTA)
7.5.1 Support requests should be logged via the Contact Channels and must include the serial number, a description of the issue, photos/videos where relevant, and the preferred contact times.
7.5.2 All support interactions will be recorded in Mosebe’s CRM, linked to the Device serial number and Customer account for transparency, safety and quality control.
7.5.3 Records and communications kept in the CRM constitute Writing for purposes of this Agreement and ECTA. Processing of Customer information for support is conducted as Responsible Party under POPIA (see Section 9).
7.5.4 The Customer may request a copy of their service log by written request during Business Hours. Mosebe may redact third-party personal information where required by Law.
7.6 Turnaround, Parts and Warranty Interface
7.6.1 Warranty Interface. After-sales support operates alongside, and does not extend or shorten, the Warranty Period in Annexure A. Warranty claims are handled per Annexure A and the CPA (repair/replace/refund as applicable).
7.6.2 Parts and Methods. Repairs may use new or refurbished parts of equivalent performance. Where collection/return is required, logistics will follow Annexure A (subject to the CPA).
7.6.3 Time Not of the Essence. While Mosebe will act reasonably and diligently, repair/turnaround times may be affected by parts availability, supplier constraints or Force Majeure.
7.7 Loan Units (if available)
7.7.1 Loan units are not guaranteed and may be provided at Mosebe’s discretion and subject to availability.
7.7.2 Where provided, the Customer assumes risk for the loan unit from collection to return and must return it in good order, failing which reasonable repair/replacement charges may apply.
7.8 Charges for Out-of-Scope Work and Payment
7.8.1 For out-of-scope/non-warranty services, Mosebe will provide a quotation (or publish a rate card) for call-out, labour and parts.
7.8.2 Unless otherwise agreed in Writing, such charges are payable on completion or as specified in the quotation. Non-payment of such charges may constitute a breach under Section 8.
7.9 CPA Non-Waiver
7.9.1 Nothing in this Section limits or waives the Customer’s non-waivable rights under the CPA, including remedies in respect of defective goods.
7.9.2 Where a conflict arises between this Section and any non-waivable provision of the CPA, the CPA prevails, and the remaining provisions continue in force.
8. Default & Repossession
8.1 What constitutes Default
Without limiting any other provision of this Agreement, the Customer will be in Default if:
8.1.1 the Customer fails to pay any Deposit, instalment or other amount due under Section 3 on its due date;
8.1.2 the Customer breaches care and use obligations in Sections 4 and 5 (including misuse, overloading, tampering, use of unauthorised accessories/batteries, removal/defacement of the serial number, or operation contrary to the User Manual/Specification Sheet) and fails to remedy the breach as contemplated in clause 8.2;
8.1.3 prior to Ownership Transfer (Section 4), the Customer sells, pledges, rents, encumbers or otherwise disposes of the Package, or attempts to do so;
8.1.4 the Customer refuses reasonable access for inspection, servicing, safety recall or lawful repossession after reasonable notice; or
8.1.5 the Customer otherwise materially breaches this Agreement and fails to remedy as contemplated in clause 8.2.
8.2 Notice and grace period to remedy
8.2.1 If a Default occurs, Mosebe will give the Customer written notice (via the Contact Channels) describing the Default and the steps required to cure it.
8.2.2 The Customer will have 7 (seven) calendar days from deemed receipt of the notice to remedy the Default (the “Remedy Period”).
8.2.3 If the Default reasonably endangers safety (e.g., continued misuse creating a fire/shock risk), Mosebe may suspend after-sales support immediately (see Section 7) while still affording the Customer the Remedy Period to cure.
8.2.4 Notices sent via the Contact Channels constitute Writing for purposes of this Agreement and ECTA; a notice is deemed received when it can be retrieved by the intended recipient during Business Hours.
8.3 Rights on Default (after Remedy Period)
If the Customer fails to remedy within the Remedy Period, and without limiting any rights at Law or under this Agreement, Mosebe may:
8.3.1 suspend non-statutory after-sales support (Section 7), provided this does not affect the Customer’s non-waivable CPA rights or processing of valid Warranty claims for defects;
8.3.2 accelerate and demand immediate payment of all Outstanding Amounts;
8.3.3 exercise retention-of-title rights and repossess the Package as provided in clauses 8.4 and 8.6; and/or
8.3.4 recover from the Customer reasonable costs of tracing, collection, transport, testing, repair/refurbishment to a commercially saleable condition, and legal enforcement, to the extent permitted by the CPA and other applicable Law.
8.4 Treatment of deposits and instalments on Default
8.4.1 Where repossession follows Customer Default, deposits and instalments already paid are generally non-refundable and are allocated as reasonable compensation for: (a) use and benefit enjoyed while in the Customer’s possession; (b) wear-and-tear and reduction in resale value; and (c) administrative and enforcement costs, including those listed in clause 8.3.4, subject to the CPA.
8.4.2 Mosebe will not impose a penalty or forfeiture that is unfair in terms of the CPA. If, after reasonable allocation of charges as above, the amounts retained would be excessive under the CPA, Mosebe will account to the Customer and refund any surplus required by Law.
8.4.3 Nothing in this clause limits the Customer’s rights in respect of defective goods under the CPA (including the repair/replace/refund remedies), nor does it affect any valid Warranty claim (Section 6/Annexure A).
8.5 Process for repossession (lawful enforcement)
8.5.1 Repossession will be carried out lawfully: either with the Customer’s written consent to a reasonable collection time/place, or pursuant to a court order or other lawful enforcement process if consent is not provided. Mosebe and its agents will not breach the peace or enter premises unlawfully.
8.5.2 On request, the Customer will make the Package available for collection during Business Hours and will not conceal, damage or remove any part of it.
8.5.3 The Customer must hand over the complete Package (Device, solar panel, charger, cables, LED bulb/holder, and any other accessories supplied) and provide reasonable cooperation to verify serial number and condition against the Hand-Over checklist.
8.5.4 If accessories or parts are missing or damaged beyond fair wear-and-tear, Mosebe may recover reasonable replacement or refurbishment costs, subject to the CPA.
8.5.5 Mosebe will mitigate loss by handling, storing and processing the recovered Package with reasonable care and by refurbishing and reselling or redeploying it on a commercially reasonable basis.
8.6 Risk allocation during enforcement
8.6.1 Risk of loss, theft or damage remains with the Customer until the Package is collected by Mosebe (or its agent) and an itemised collection record is signed by the Parties (or their representatives).
8.6.2 After collection, risk transfers to Mosebe; however, any new damage caused by the Customer’s intentional or negligent acts during the repossession process remains for the Customer’s account, to the extent permitted by Law.
8.7 No waiver; cumulative remedies
8.7.1 Failure or delay by Mosebe to exercise a right under this Section does not constitute a waiver of that right.
8.7.2 The rights and remedies in this Section are cumulative and in addition to any rights available at Law or under other Sections (including Sections 3, 4, 5 and 7).
8.8 CPA non-waiver and fairness safeguard
8.8.1 Nothing in this Section limits or waives the Customer’s non-waivable rights under the Consumer Protection Act, 68 of 2008 (including remedies for defective goods).
8.8.2 To the extent of any conflict between this Section and any non-waivable provision of Law, the Law prevails, and the remaining provisions continue in force.
9. Data & CRM Consent
9.1 Consent & Purpose
9.1.1 The Customer consents to Mosebe collecting, storing and Processing the Customer’s Personal Information (as defined in Section 1) for the following purposes:
(a) to conclude and perform this Agreement (including payment administration under Section 3 and hand-over under Section 2);
(b) warranty management and claims handling (Section 6 / Annexure A);
(c) after-sales support, safety notices, recalls and service coordination (Section 7);
(d) lawful reporting to funders/regulators and audit requirements; and
(e) service/impact updates and other communications where the Customer has opted in to receive them (clause 9.9).
9.1.2 Where Processing is necessary to perform this Agreement or comply with Law, Mosebe relies on those lawful grounds. Where consent is required (e.g., direct marketing), consent is obtained and may be withdrawn under clause 9.7.4.
9.1.3 By signing the Order Form/Agreement, the Customer gives voluntary, specific and informed consent to the Processing described in this Section to the extent consent is required by POPIA.
9.2 Types of Personal Information
9.2.1 Mosebe may Process: name, ID/registration number, contact details (phone/WhatsApp/email), physical address/Premises, payment records, Device serial number, installation notes, service/warranty history, and communications with Mosebe.
9.2.2 The Device may store basic diagnostics (e.g., error codes/charge events). Such data is used solely for warranty, safety, quality and support (Sections 5–7).
9.3 Collection Methods
9.3.1 Information is collected directly from the Customer (Order Form, Hand-Over checklist, support tickets) and from Operators (e.g., payment gateways, installers) acting on Mosebe’s instructions.
9.3.2 Mosebe may generate service records and installation photos (e.g., serial number label) for evidentiary and safety purposes.
9.4 Processing, Storage & Security (CRM)
9.4.1 Personal Information is stored in Mosebe’s CRM and related secure systems with role-based access.
9.4.2 Mosebe implements appropriate, reasonable technical and organisational measures to prevent unlawful access, loss, damage or unauthorised disclosure, consistent with POPIA.
9.4.3 Records kept in the CRM constitute Writing for purposes of this Agreement and ECTA.
9.5 Disclosure to Third Parties (Operators)
9.5.1 Mosebe may share Personal Information only as necessary with trusted Operators (as defined in POPIA) including installers/service partners, payment gateways, couriers, and IT/CRM hosting providers, each bound by confidentiality and POPIA-compliant processing terms.
9.5.2 Personal Information may be disclosed to regulators, law-enforcement or auditors where required by Law.
9.5.3 For funders and impact reporting, Mosebe will prefer aggregated/de-identified data. Identifiable information will be shared only where required by Law or where the Customer has consented.
9.6 Cross-Border Transfers
9.6.1 If the CRM/hosting provider stores data outside South Africa, Mosebe will ensure that the recipient is subject to a binding agreement or law that provides an adequate level of protection consistent with POPIA (including section 72).
9.6.2 By signing this Agreement, the Customer consents to such transfers to the extent required for the purposes in clause 9.1.
9.7 Customer Rights (POPIA)
9.7.1 The Customer may request access to Personal Information held by Mosebe and to receive a record/copy (reasonable verification and fees may apply as permitted by Law).
9.7.2 The Customer may request correction or updating of inaccurate or incomplete information.
9.7.3 The Customer may object to Processing in certain circumstances and may request restriction or deletion where legally permissible (e.g., where no longer necessary).
9.7.4 The Customer may withdraw consent for direct marketing or other consent-based Processing at any time (see clause 9.9.3), without affecting the lawfulness of Processing carried out before withdrawal or Processing based on other lawful grounds.
9.7.5 The Customer may lodge a complaint with the Information Regulator (South Africa). Mosebe encourages Customers to contact its Information Officer first to resolve concerns promptly (see clause 9.10).
9.8 Retention
9.8.1 Mosebe retains Personal Information only as long as necessary for the purposes in clause 9.1 and to comply with legal, accounting, warranty and audit requirements.
9.8.2 As a guideline, transactional and financial records are typically retained for up to seven (7) years after closure of the account or end of the Warranty/last interaction, unless a longer period is required by Law or to resolve disputes.
9.8.3 Thereafter, records are deleted or de-identified in accordance with POPIA.
9.9 Communications & Direct Marketing
9.9.1 Mosebe may contact the Customer via WhatsApp, SMS or email for operational communications: payment notices, safety alerts, appointment scheduling, service updates and warranty matters. These are transactional and form part of performing this Agreement.
9.9.2 Direct marketing (e.g., newsletters, product updates, impact stories) will be sent only if the Customer has opted in (e.g., by ticking the consent box on the Order Form).
9.9.3 The Customer may opt out of direct marketing at any time via the same channel (e.g., replying “STOP” on WhatsApp/SMS or using the unsubscribe link/email). Opt-out does not affect transactional communications necessary to perform this Agreement.
9.10 Queries & Information Officer
9.10.1 Privacy queries, access/correction requests and complaints can be directed to Mosebe’s Information Officer at info@mosebeenterprise.co.za or +27 63 104 8464 (Business Hours).
9.10.2 For identification and security, Mosebe may request reasonable verification before acting on a request.
9.11 Updates to this Section
9.11.1 Mosebe may update this Section to reflect changes in Law or its Processing activities. Material changes will be communicated via the Contact Channels and will apply to future Processing after notice.
9.12 Legal Framework & Non-Waiver
9.12.1 Mosebe Processes Personal Information in accordance with POPIA and other applicable South African Law.
9.12.2 Nothing in this Section limits the Customer’s non-waivable rights under POPIA or the CPA. In the event of conflict with non-waivable Law, the Law prevails, and the remaining provisions continue in force.
10. Dispute Resolution
10.1 Step 1 — Internal Resolution (Complaints Procedure)
10.1.1 Raising a Dispute. Any concern or dispute relating to this Agreement (including payment issues, repossession, warranty or service quality) must first be raised with Mosebe’s customer support via the Contact Channels within 14 (fourteen) calendar days of the Customer becoming aware of the issue.
10.1.2 Contents of Notice. The dispute notice should set out the Customer’s name, contact details, Device serial number, the nature of the dispute, relevant dates and any supporting documents (photos/video where helpful).
10.1.3 Acknowledgement & Response. Mosebe will acknowledge the dispute within 2 (two) Business Days and will provide a substantive written response (or a proposed plan to investigate) within 10 (ten) Business Days thereafter.
10.1.4 ECTA/CRM. Communications via WhatsApp/SMS/email constitute Writing under this Agreement and ECTA. Mosebe will log the dispute in its CRM, linked to the Customer account and serial number.
10.2 Step 2 — Mediation (Community/Partner Facilitated)
10.2.1 When Mediation Applies. If the dispute is not resolved through the internal process within 10 (ten) Business Days after Mosebe’s substantive response, either Party may request informal mediation.
10.2.2 Mediator. The Parties will, within 10 (ten) Business Days, agree a neutral facilitator, which may be:
(a) a community leader jointly agreed by the Parties; or
(b) a programme partner or mentor organisation trusted by both Parties (for example, SAB Foundation, Sozo Foundation, or another funder/partner with suitable independence).
10.2.3 Process & Timing. Mediation will be conducted informally (in person or remotely) in a community-friendly manner and should commence within 15 (fifteen) Business Days of mediator selection. The Parties will participate in good faith and share mediator/facility costs equally, unless agreed otherwise.
10.2.4 Status. Mediation is without prejudice and non-binding, intended to deliver a quick, low-cost resolution. Any settlement reached will be recorded in Writing and signed by both Parties.
10.3 Step 3 — Formal Resolution (Courts / Authorities)
10.3.1 Escalation. If mediation fails (including where a mediator certifies a deadlock, or if mediation has not commenced within the timeframes above despite a bona fide request), either Party may proceed to formal legal recourse.
10.3.2 Governing Law & Venue. This Agreement is governed by the laws of the Republic of South Africa. Disputes may be brought in any competent court within South Africa. Where eligible by Law, a natural-person Customer may use the Small Claims Court.
10.3.3 Magistrates’ Court Consent (convenience). Without limiting either Party’s right to proceed in a higher court, the Parties consent to the jurisdiction of the Magistrates’ Court (including the Regional Division) for any action arising from this Agreement, to facilitate accessible proceedings.
10.3.4 Costs. Each Party will bear its own legal costs, unless a court or competent authority orders otherwise.
10.3.5 Urgent Relief. Nothing prevents a Party from seeking urgent interim relief (e.g., to protect safety, property, or proprietary rights) from a competent court without first completing the steps in clauses 10.1–10.2 where urgency makes those steps impracticable.
10.3.6 Continuity of Performance. While a dispute is pending, the Parties will continue to perform all undisputed obligations (including, for the Customer, paying any undisputed instalments).
10.4 Consumer Protection Act (CPA) Acknowledgement
10.4.1 Non-waiver. Nothing in this Section limits the Customer’s non-waivable rights under the Consumer Protection Act, 68 of 2008.
10.4.2 Regulatory Referrals. Where applicable, a Customer may refer a complaint to the National Consumer Commission (NCC), a Provincial Consumer Court, or an ombud with jurisdiction. Resort to such authorities may occur at any time permitted by Law, and is not prejudiced by the internal or mediation steps above.
10.5 Evidence & Records
10.5.1 The Parties agree that electronic records kept in Mosebe’s CRM (including time-stamped messages, photos, checklists and tickets) may be used as evidence of communications, deliveries and services, consistent with ECTA and Law of Evidence principles.
10.6 Survival
10.6.1 This Dispute Resolution clause survives termination, cancellation or expiry of this Agreement and continues to apply to any dispute relating to or arising from this Agreement or the Package.
11. Signatures, Electronic Acceptance and Effective Date
11.1 Execution and Effective Date.
This Agreement (together with the Order Form and all Annexures) becomes binding on the Effective Date, being the later of:
(a) the dates of signature by both Parties below; or
(b) where the Customer accepts electronically (clause 11.2), the Hand-Over Date recorded on the delivery/hand-over form.
11.2 Electronic Signatures and Acceptance (ECTA).
11.2.1 The Parties agree that this Agreement may be concluded and signed electronically and that such electronic acceptance has the same legal force and effect as a handwritten signature in accordance with the Electronic Communications and Transactions Act, 25 of 2002 (ECTA).
11.2.2 Without limitation, valid electronic acceptance includes any of the following performed by (or on behalf of) the Customer from their registered Contact Channel recorded on the Order Form:
(a) clicking or tapping “I Accept” on an online Order Form or checkout interface referencing this Agreement;
(b) replying by WhatsApp/SMS/email confirming acceptance of the Order Form and this Agreement; or
(c) e-signing on a digital device or signature pad presented by Mosebe or its authorised installer.
11.2.3 Mosebe’s CRM will store the acceptance record (including time/date stamp, device/number or email, and Order Form reference). Such record constitutes Writing and may be used as evidence of acceptance under ECTA.
11.3 Authority and Capacity.
11.3.1 The Mosebe signatory warrants that they are duly authorised to sign on behalf of Mosebe Enterprise (Pty) Ltd.
11.3.2 The Customer warrants that they are legally capable of entering into this Agreement; where the Customer is a juristic person, the signatory warrants proper authority to bind the Customer.
11.4 Counterparts and Copies.
This Agreement may be signed in counterparts (including scanned, photographed or digitally generated copies). Each counterpart is an original and together they constitute one and the same instrument.
11.5 Optional Witness.
A witness signature is not required for validity but may be included below for community trust and record-keeping.
