THE DISPLAY ROOM (PTY) LTD T/A THERMAL AFRICA

Terms and Conditions of Sales and Supply

(Version: September 2026)

Attached: ADDENDUM A & B

1. Interpretation and Definitions

1.1 Interpretation: The following definitions shall have the same meaning regardless of whether they appear in the singular or the plural.

1.2 Definitions: For the purposes of these Terms and Conditions:

“Country” refers to the Republic of South Africa.

“Company” (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to The Display Room (Pty) Ltd t/a Thermal Africa.

“Customer” or “you” means the approved dealer placing an Order with the Company.

“Device” or “Goods” refers to a thermal monocular/binocular, thermal rifle scope, day/night rifle scope, or any other item appearing on our official price list or on Thermal Africa’s website.

“Feedback” means any feedback or suggestions sent by you regarding the attributes, performance or features of products on our price list or Website.

“Order” means a written request by you to purchase Goods from us.

“Terms and Conditions” means these Terms and Conditions that form the entire agreement between you and the Company regarding the purchase of Goods and the use of our services or Website.

2. Acknowledgment

2.1 These Terms and Conditions apply whenever you do business with the Company or use our Website. They set out the rights and responsibilities of both you and the Company.

2.2 By dealing with us or by accessing and using our Website, you confirm that you accept these Terms and Conditions and agree to comply with them.

2.3 If you do not agree with any part of these Terms and Conditions, you should not do business with the Company or use the Website.

3. Placing Orders for Goods

3.1 As importer and distributor, Thermal Africa sells exclusively to approved dealers that have registered with us, and not to end users or the general public. (See Addendum A: Approved HIKMICRO Dealers.)

3.2 All Orders must be submitted in writing via email (info@thermalafrica.co.za), SMS or WhatsApp. The Company does not accept responsibility for any incorrect Orders placed telephonically.

3.3 By placing an Order for Goods, you warrant that you are legally capable of entering into binding contracts and that you have read and understood these Terms and Conditions.

4. Sales and Availability of Stock

4.1 Dealers may place an Order for Goods. Acceptance of any Order is subject to the Company being satisfied with the information provided, receipt or authorisation of payment, and the availability of the ordered Goods.

4.2 You may cancel your Order prior to delivery or collection of the Goods, provided that a dispatch or delivery notice has not yet been issued. Once Goods have been received, you may only return them in accordance with the return’s provisions of these Terms and Conditions.

4.3 You acknowledge that stock of all products is limited and that pricing may change at any time without notice. The Company will take reasonable steps to monitor stock levels and to discontinue offers when products are no longer available. If a product becomes unavailable after you have placed an Order, the Company will notify you and you will be entitled to a refund of any amount already paid for that product.

5. Order Cancellation by the Company

5.1 We reserve the right to refuse or cancel your Order at any time for reasons including, but not limited to:

• Goods availability;
• Errors in the description or prices of products; or
• Errors in your Order.

5.2 We reserve the right to refuse or cancel your Order if fraud or an unauthorised or illegal transaction is suspected.

5.3 Once an Order has been invoiced, it cannot be cancelled or amended in any way, including changes to the delivery address, except as required by applicable law.

6. Your Order Cancellation Rights

6.1 Any products you purchase may only be returned in accordance with these Terms and Conditions (see the returns and warranty provisions below).

6.2 Your right to cancel an Order applies only to products that are returned in the same condition as received, together with all original instructions, documents and packaging. Goods that are damaged, not in the condition in which they were received, or that show wear beyond the mere opening of the original packaging will not be refunded. You must take reasonable care of the Goods while they are in your possession.

7. Warranty, Faulty Products and Returns

7.1 Scope of Warranty

• This warranty applies only to genuine HIKMICRO products supplied by Thermal Africa.
• HIKMICRO products are covered for the applicable warranty period specified by the manufacturer. Warranty periods may differ depending on the product, component, battery or accessory.
• Proof of purchase and the product’s serial number may be required before a warranty claim can be assessed or approved.
• During the applicable warranty period, the product should be free from material or manufacturing defects when used correctly and in accordance with the manufacturer’s instructions and specifications.

7.2 RMA Registration

• All faulty products, whether in warranty or out of warranty, must be registered through Thermal Africa’s RMA (Return Merchandise Authorisation) process at: https://thermalafrica.co.za/rma/
• Once the RMA has been registered, Thermal Africa will provide further instructions regarding the return, assessment and handling of the product.
• Registering an RMA does not automatically mean that a warranty claim or return has been approved. The product may first need to be physically inspected and tested.
• Products should not be returned to Thermal Africa before an RMA reference number and return instructions have been issued.

7.3 In-Warranty Products

• The Customer will initially be responsible for the courier cost of returning the product to Thermal Africa, unless Thermal Africa arranges collection or applicable law requires otherwise.
• If, after inspection and testing, Thermal Africa confirms that (a) the product is still within the applicable warranty period and (b) the reported fault is covered by the warranty, the Customer’s reasonable return courier cost will be refunded or credited to the Customer’s account.
• If a warranty claim is approved, the product may be repaired, replaced or exchanged for a new or refurbished product of the same or functionally equivalent specification.
• If no covered fault is found, or if the damage is excluded from the warranty, the Customer may be responsible for the inspection, handling and courier costs, subject to applicable law.

7.4 Warranty Exclusions

• The warranty applies only to the original, unmodified product.
• To the extent permitted by law, the warranty does not cover faults or damage caused by:
  • misuse, abuse, negligence or accidental damage;
  • unauthorised repairs, alterations or modifications;
  • incorrect installation or the use of unsuitable accessories;
  • improper transportation or storage;
  • normal wear and tear;
  • failure to follow the manufacturer’s instructions or specifications;
  • damage caused by external factors, including fire, water, lightning, excessive heat, power surges or other environmental conditions; or
  • removal, alteration or damage to the product’s serial number or identification markings.
• A warranty claim will only be excluded where the fault or damage is reasonably connected to one of the circumstances listed above.

7.5 Extended Warranty & Maintenance Plan

• Thermal Africa’s Extended Warranty & Maintenance Plan (“EWM”) is available at an additional premium for qualifying HIKMICRO Outdoor products.
• The EWM must be purchased and included at the time of the original product purchase. It cannot be added after the initial sale unless Thermal Africa agrees otherwise in writing.
• For qualifying products with a standard three-year HIKMICRO product warranty, the EWM extends the covered warranty period by an additional two years, providing a total warranty period of five years (60 months).
• The EWM provides for an expedited swap-out of an approved faulty product, normally within 24 to 48 business hours after the claim has been assessed and approved. The swap-out period is subject to product availability and compliance with all EWM terms and conditions.
• Batteries, accessories, consumable items and components with separate manufacturer warranty periods are not automatically included in the extended warranty unless expressly stated in the EWM Fact Sheet.
• The EWM is subject to the terms, conditions, exclusions and procedures contained in Addendum B: Extended Warranty.

7.6 Out-of-Warranty Products

• If a product develops a fault outside its warranty period, Thermal Africa may still be able to arrange an assessment or repair.
• The Customer will be responsible for all applicable costs, including courier, assessment, labour, parts and repair costs.
• Where possible, Thermal Africa will provide an estimate or quotation for the repair. No repair work will be undertaken without the Customer’s approval.
• The availability of repairs and replacement components cannot be guaranteed and will depend on the nature of the fault, the age of the product and the availability of parts and technical support.

7.7 Preparing Products for Return

To help Thermal Africa process a return efficiently, the Customer must:

• package and wrap the product properly to protect it during transit;
• clearly mark the RMA reference number and, where available, the invoice number on the outside of the parcel;
• include a copy of the proof of purchase, if requested; and
• include all accessories, parts, cables, packaging and manuals originally supplied with the product, unless Thermal Africa instructs otherwise.

• The Customer should remove any ammunition, mounting equipment or unrelated personal property before returning the product.
• Failure to comply with these requirements may delay the assessment or processing of the return and may affect the claim where missing items or inadequate packaging prevent proper inspection.

7.8 Products Damaged or Incomplete on Delivery

• If a product is damaged or any parts or accessories are missing at the time of delivery or collection, the Customer should notify Thermal Africa within three (3) days of receiving the product.
• The Customer is encouraged to photograph: (a) the condition of the parcel when it is delivered; (b) any visible damage to the packaging or product; and (c) the contents of the parcel, including any missing items.
• Once notified, Thermal Africa will arrange collection of the product at no charge to the Customer.
• After inspecting and validating the return, Thermal Africa will, subject to applicable law and the Customer’s rights: repair the product where reasonably possible; replace it with the same or a functionally equivalent product; credit the Customer’s account; or refund the applicable purchase price.
• Failure to report damage or missing items within three days may make it more difficult to verify when the damage or loss occurred but will not remove any rights the Customer may have under applicable South African law.

7.9 Applicable Law and Manufacturer’s Policy

• HIKMICRO may amend or update its warranty and RMA policies from time to time. The warranty terms applicable at the time of purchase will apply, subject to any later amendment that benefits the Customer.
• Nothing in this policy excludes or limits any statutory warranty, remedy or other right that a Customer may have under the Consumer Protection Act 68 of 2008 or any other applicable South African law.

7.10 Warranty Period

HIKMICRO Products’ warranty periods are as follows:

• 3 years on the unit/components;
• 10 years on the uncooled sensor;
• 1 year on removable battery (if applicable).

ICOtec game caller products:

• 300 + Plus, 350 + Plus, Atom, Hellion + Plus, Nomad + Plus: 2 years;
• Night Stalker + Plus, Outlaw + Plus, Outlaw Pro: 5 years;
• Accessories: 1 year.

7.11 Our Commitment

• The purpose of this policy is to provide a fair, efficient and transparent process and to maintain goodwill between the Customer, Thermal Africa and the manufacturer.
• Customers are encouraged to communicate any concern promptly and accurately, even where they believe that the matter may fall outside the scope of this policy.
• Thermal Africa is committed to providing practical guidance, professional support and innovative solutions.

8. Availability, Errors and Inaccuracies

8.1 We continuously update our product information. Products shown on the Website may occasionally be described inaccurately or may be unavailable, and there may be delays in updating information on the Website, price list, advertising and other platforms.

8.2 We cannot and do not guarantee the accuracy or completeness of any information, including product images, specifications and availability. We reserve the right to change or update information and to correct errors, inaccuracies or omissions at any time without prior notice.

9. Pricing

9.1 The Company reserves the right to revise its prices at any time prior to accepting an Order.

9.2 Prices quoted may be revised by the Company after acceptance of an Order only in the event of occurrences beyond the Company’s reasonable control that affect delivery (including government action, variation in customs duties, increased shipping charges or higher foreign exchange costs). In such a case you will have the right to cancel your Order.

9.3 In the event of a price increase, Thermal Africa will honour all official quotes issued prior to the increase for a period of 30 days from the date of the quote.

9.4 The stated prices on our official price list are in South African Rand (ZAR) and are valid and effective only in South Africa.

9.5 All prices exclude VAT, except were indicated otherwise.

9.6 MSRP and Advertised Prices: The Company will provide dealers with a Manufacturer’s Suggested Retail Price (MSRP) for our products. The MSRP is a recommendation only and is not binding. Dealers may independently determine the prices at which they sell their products. (See Addendum A.)

10. Payments

Thermal Africa accepts payment by electronic funds transfer (EFT) only. Cash payments are not accepted.

The Sales Order or Invoice Number must be used as the reference on the proof of payment.

11. Special Deals

From time to time the Company may offer promotions or discounted prices on selected products for a limited period. Any promotion or discount may expire earlier if stock runs out.

12. Termination of Dealer Contract

Once a Dealer Contract is awarded, the dealer is expected to actively market and promote our products. Unsatisfactory turnover may result in termination of the contract.

We may terminate or suspend a registered Dealer Contract immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms and Conditions or any other agreements.

If you wish to terminate your Dealer Contract, you must notify us in writing so that we can update our records and, among other things, discontinue marketing communications to your email address or WhatsApp number.

13. Limitation of Liability

Notwithstanding any damages that you might incur, the entire liability of the Company and any of its suppliers under any provision of these Terms, and your exclusive remedy for all of the foregoing, shall be limited to the amount actually paid by you.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, business interruption, personal injury or loss of privacy) arising out of or in any way related to the use of or inability to use our services or Goods.

14. Governing Law

These Terms and Conditions and our relationship, and any dispute arising from or in connection with them, shall be governed by and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of products and services constitutes your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other arising from these Terms and Conditions.

In the event of any dispute arising between you and Thermal Africa, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Gauteng Division, Pretoria), notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.

15. Dispute Resolution

If you have any concern or dispute involving Thermal Africa, its staff, products or services, you agree to first attempt to resolve the dispute informally by contacting the Company. Please state your concern clearly in an email addressed to info@thermalafrica.co.za, providing the relevant facts and supporting documentation.

16. Ownership and Copyright

The contents of the Thermal Africa Website, official emails or advertisements, including any material, information, data, software, icons, text, graphics, layouts, images, sound clips, video clips, trade names, logos, trademarks, designs and service marks which are displayed on or incorporated in this Website (“Website Content”) are protected by law, including but not limited to copyright and trademark law. The Website Content is the property of Thermal Africa.

No right, title or interest in or to the Website or its content will be acquired by you.

Using, distributing or reproducing the Website Content is strictly prohibited except as permitted by law. Should you wish to obtain permission for the commercial use of any Website Content, you may contact us.

Where Website Content has been licensed to Thermal Africa or belongs to a third party, your rights of use are also subject to any terms and conditions imposed by that licensor or third party, and you agree that such third-party terms are legally binding.

17. Severability and Waiver

Severability. If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of that provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

Waiver. Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter, nor shall the waiver of a breach constitute a waiver of any subsequent breach.

18. Changes to These Terms and Conditions

We reserve the right, at our sole discretion, to modify or replace these Terms and Conditions at any time. If a revision is material, we will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

19. Contact Us

If you have any questions about these Terms and Conditions, you can contact us via email: info@thermalafrica.co.za