These Terms and Conditions apply specifically to products purchased at the Defy Public Sale held at Defy Appliances, 135 Teakwood Road, on 26 July 2026 from 09h00 until 15h00.

By entering the sale premises and/or purchasing any product at the Defy Public Sale, the customer confirms that they have read, understood and accepted these Terms and Conditions.

1.Public Sale Product Condition

•Products sold at the Defy Public Sale are not brand-new retail products.

•Products may include, but are not limited to, B-grade units, sample units, display units, units with damaged packaging and/or units with visible scratches, dents, marks or cosmetic imperfections.

•By purchasing the product, the customer acknowledges and accepts the condition of the product at the time of sale.

•Cosmetic damage, including but not limited to scratches, dents, marks, damaged packaging, discoloration, cosmetic wear, or external imperfections, is specifically excluded from warranty cover, unless such damage materially affects the functional operation of the product.

2. Warranty Period

•All products purchased at the Defy Public Sale will carry a 6-month functional warranty only, calculated from the date of purchase as reflected on the invoice.

•No 3-year warranty, extended warranty, promotional warranty, registered warranty, or additional warranty period will apply to products purchased at this Public Sale.

•The invoice will serve as proof of purchase. It is essential for the customer to retain and present the original proof of purchase for any warranty claim. Failure to provide valid proof of purchase may render the customer liable for service, inspection, call-out, labour and/or repair costs.

3. Scope of the 6-Month Functional Warranty

•The 6-month functional warranty applies only to functional defects that materially affect the normal operation of the appliance and that are clearly attributable to a material and/or manufacturing fault.

•The warranty does not cover defects, damage or failure arising from:

a)Transport damage after collection by the customer or the customer’s appointed transporter.

b)Improper loading, offloading, handling, storage, or transportation.

c)Improper installation, connection, or assembly.

d)Use of the appliance contrary to the operating instructions.

e)Electrical fluctuations, power surges, lightning strikes or incorrect voltage supply.

f)Commercial, industrial, or non-domestic use.

g)Poor maintenance, neglect, misuse, abuse, or unauthorized alterations.

h)Repairs performed by unauthorized persons.

i)Installation or use of non-OEM parts.

j)Damage caused by fire, flood, civil disturbance, natural events, or any Act of God.

k)Damage caused by cockroaches, insects, rodents, animals, or pests.

l)Cosmetic damage that was visible, disclosed or reasonably inspectable at the time of purchase.

4. Consumer Protection Act

•Nothing in these Terms and Conditions is intended to limit or exclude any consumer rights that may apply in terms of the Consumer Protection Act, 68 of 2008.

•Where a product materially fails to meet the applicable quality standards within 6 months from the date of purchase, and where such failure is not caused by an excluded event, misuse, incorrect installation, transport damage or a disclosed cosmetic condition, the customer may be entitled to a repair, or refund in accordance with the Consumer Protection Act. As products purchased during this sale are considered “scratch and dent” the Customer will not be able to elect for the replacement option as a similar product under similar conditions may not be available.

•Defy reserves the right to inspect and assess the product to determine the nature, cause, and materiality of the alleged defect before confirming the appropriate remedy.

5. Repairs, and Refunds

•Where a product qualifies for warranty support, Defy may repair, or refund the product in accordance with applicable law and these Terms and Conditions

•The provision of warranty service, or repair does not extend the original 6-month warranty period and does not create a new warranty period. The warranty period remains 6 months from the original date of purchase.

•If parts are replaced during a warranty repair, the replaced parts become the property of Defy and may not be retained by the customer.

6. Collection, Transport and Risk

•Customers must arrange their own transport and must collect purchased products on the same day of purchase.

•No delivery service is included in the Public Sale.

•The customer is responsible for ensuring that the correct vehicle, manpower and handling arrangements are available for safe collection and transportation.

•Once the product has been collected and removed from the designated sale or collection area, Defy will not be liable for damage caused during loading, transportation, offloading, storage or handling by the customer or any third party appointed by the customer.

•Transport-related damage after collection is excluded from the 6-month functional warranty.

7. Installation Requirements

•The customer is responsible for the proper installation and connection of the product.

•Where applicable, large appliances must be installed by a suitably qualified installer and must comply with all relevant gas, electrical, plumbing and safety requirements.

•For gas and/or electrical appliances, a valid Certificate of Compliance may be required before any warranty claim is processed.

•Failure to provide the applicable installation documentation may result in the warranty claim being declined where the defect may reasonably be linked to incorrect installation or non-compliance.

8. Exclusions

The following are specifically excluded from the 6-month functional warranty:

•Fragile items such as glass, ceran tops and bulbs.

•Cosmetic components, trims, panels, handles and decorative finishes.

•Discoloration caused by water, chemicals, heat, cleaning products or usage.

•Cracked, rusted, or corroded plates, surfaces or components.

•Vitreous enamelware damage.

•Rust, cosmetic wear, scratches, dents or external damage.

•Damage caused by improper cleaning, harsh chemicals, or abrasive products.

•Damage resulting from failure to follow the user manual or maintenance instructions.

•The customer must take reasonable care in the use, handling, and maintenance of the appliance. Misuse, abuse, neglect or use in conflict with the operating instructions may release Defy from its warranty obligations to the extent permitted by law.

9. Payments

•Only Card payment will be accepted at the Defy Public Sale.

•No cash payments will be accepted.

•Products will only be released once payment has been successfully processed and confirmed.

10. Access to Factory Sale Site

•The Defy Public Sale will take place at Defy Appliances on 135 Teakwood Road, Jacobs, Durban, South Africa only.

•For safety, security and operational reasons, no persons under the age of 18 will be allowed on site.

•All visitors must comply with Defy’s site access, security, and safety requirements. Defy reserves the right to refuse entry or remove any person from the premises for non-compliance, unsafe conduct, abusive behaviour, or failure to follow staff instructions.

•Physical or verbal abuse towards Defy staff, service providers, security personnel or other customers will not be tolerated and may result in removal from the premises and/or escalation through the appropriate legal channels.

11. Stock Availability

•All products are subject to availability and will be sold on a first-come, first-served basis.

•Defy does not guarantee stock availability, model availability, colour availability or product quantity on the day of the sale.

•Defy may elect to limit number of units that can be purchased per a person at time of sale.

12. Change of Mind

•Due to the nature of the Public Sale and the disclosed condition of the products, returns for change of mind, incorrect measurement, colour preference, cosmetic condition, packaging condition or failure to arrange suitable transport will not be accepted, subject always to any rights the customer may have under applicable law.

13. Out-of-Warranty Repairs

•After the 6-month functional warranty period has expired, any repairs will be treated as out-of-warranty repairs and may be subject to inspection fees, call-out fees, labour charges, parts charges, and availability of parts.

•Defy offers repairs for products out of warranty through its authorized service channels, subject to the applicable service terms, product age, parts availability, and current repair charges.

14. Dispute Resolution

•If a customer is not satisfied with the handling of a warranty claim or complaint, the customer may contact Defy through the official service channels or escalate the complaint to the Consumer Goods and Services Ombuds.

15. Defy Service Contact

•For warranty support, service bookings and repair enquiries, customers must contact the Defy Call Centre on 0861 00 3339.

•Customers may also visit www.defy.co.za for further support information.

16. General

•These Terms and Conditions apply only to products purchased at the Defy Public Sale.

•These Terms and Conditions do not apply to standard retail purchases made through Defy’s authorized retail partners.

•Defy reserves the right to amend these Terms and Conditions where reasonably required, provided that any amendment will not unlawfully limit a customer’s statutory rights.

•In the event of any conflict between these Public Sale Terms and Defy’s standard warranty terms, these Public Sale Terms will apply to products purchased at the Defy Public Sale, subject always to applicable law.

•Defy at its sole discretion reserves the right to cancel or terminate the sale at any time.