Terms and Conditions

Sales Terms and Conditions

Interpretation of these terms and conditions:

  • ‘Customer’ means the person or entity who accepts a quote from WITS LATAM INC. for the sale of goods or services, or whose order is accepted by WITS LATAM INC.
  • ‘Goods’ means the products (including any partial or full delivery) that WITS LATAM INC. is required to supply in accordance with these Terms.
  • ‘Services’ refers to the technological services offered by WITS LATAM INC., including technical support, installation, maintenance, among others.
  • WITS LATAM INC. or 'Provider' means WITS LATAM INC. (registered at Torre de las Américas, Torre A, 12th floor, office 1201, Panama City).
  • ‘Conditions’ means the terms and conditions set forth in this document and (to the extent the context requires) the terms agreed upon in the quote, contract, or any special term accepted in writing between the Customer and the Provider. 

Any reference in these Conditions to any legal provision shall be interpreted as a reference to such provision in its current form at the relevant time. Headings are included solely for the sake of clarity and do not affect their interpretation.

Basis of the Sale

WITS LATAM INC. will sell goods and/or provide services to the Customer in accordance with any quote accepted by the Customer or any written order from the Customer accepted by WITS LATAM INC., subject to these Conditions, which will exclusively govern the contract between the parties.

Any modification of these Conditions must be agreed upon in writing between the Customer and the Provider.

The employees or agents of WITS LATAM INC. are not authorized to make statements about the goods or services, unless confirmed in writing. The Customer acknowledges that they have not relied on any statements, representations, or warranties not included in these Conditions.

Price of Goods and Services

The price will be as indicated in the WITS LATAM INC. quote accepted by the Customer, or if not, the price stated in the price list in effect at the time of order acceptance. The Provider reserves the right to adjust prices due to:

  • Increases in the cost of materials or services.
  • Changes requested by the Customer in the specifications, quantity, or delivery deadlines.

 All prices include applicable taxes, unless otherwise stated. Prices do not include shipping, installation, or other additional services, unless expressly specified.

Delivery of Goods and Provision of Services

The delivery of goods or provision of services will be made at the place and date agreed upon in the contract. Delivery dates are approximate and do not constitute an essential condition of the contract. WITS LATAM INC. will not be responsible for delays caused by circumstances beyond its reasonable control.

If the Customer is unavailable to receive the goods or services on the stipulated date, WITS LATAM INC. may charge additional costs for storage, shipping, or rescheduling of the delivery.

Warranty

The goods sold by WITS LATAM INC. are subject to the applicable manufacturer’s warranty. The services provided will be guaranteed in accordance with the standards set forth in the corresponding contract.

 Any claim must be notified in writing within the warranty period. The Provider's liability will be limited, at its discretion, to the repair, replacement, or refund of the defective goods or services.

Limitation of Liability

WITS LATAM INC. will not be liable to the Customer for indirect, consequential, or special losses arising from the sale, supply, or use of the goods or services, including, without limitation, loss of income, business interruption, or data loss.

Payment Method

Payment must be made in accordance with the terms established in the quote, invoice, or contract. In case of non-compliance, WITS LATAM INC. reserves the right to:

  • Suspending future deliveries or services.
  • Charging interest on late payments at a rate of 5% per month on the outstanding balance.

Ownership of Goods

The ownership of the goods will not transfer to the Customer until full payment has been received by WITS LATAM INC. However, the risk of loss or damage to the goods will transfer to the Customer at the time of delivery.

Force Majeure

WITS LATAM INC. will not be liable for the failure to fulfill its obligations due to causes beyond its reasonable control, including, but not limited to, natural disasters, supply chain disruptions, labor conflicts, pandemics, or government regulations.

Final Provisions

Any dispute related to these terms and conditions will be resolved in accordance with the laws of the Republic of Panama. In case of disagreement, the parties will seek an amicable resolution before resorting to legal proceedings.

WITS LATAM INC. reserves the right to modify these terms and conditions at any time, notifying the Customer through appropriate means. The updated version will apply to future transactions.

Last updated: January 4, 2025.

WITS LATAM INC. reserves the right to modify these terms without prior notice.