terms & conditions of business
TERMS AND CONDITIONS OF BUSINESS
- Healthcare & Mobility (Africa) CC. Company number 2008/219392/23 whose registered address is Mercury House, 55 Columbus Crescent, Rivergate Business Park, Tableview Cape Town.
- All correspondence should be addressed to The Members at the address overleaf.
- Willowbrook Recliners is a trading name of Healthcare & Mobility (Africa) CC.
- ‘Customer’ means the person(s) agreeing to buy goods from Healthcare & Mobility (Africa) CC.
- ‘Goods’ shall mean items specified overleaf which the customer has agreed to purchase from Healthcare & Mobility (Africa) CC.
- ‘Price’ shall mean the cost of the items to the Customer.
- ‘Delivery Date’ means the date specified by Healthcare & Mobility (Africa) CC to deliver the goods
- ‘Conditions’ means the terms and conditions set out herein and overleaf.
- ‘VAT’ shall mean Value Added Tax at the rate prevailing on the date overleaf.
- These Conditions are intended to form a legally binding agreement between you (the Customer) and Healthcare & Mobility (Africa) CC.
- These Conditions are intended to apply to all contracts for the sale of goods between Healthcare & Mobility (Africa) CC and the Customer.
- The Customer agrees that all orders for the sale of goods set out overleaf are offers to enter into an agreement to buy those goods in accordance with these Conditions.
- These Conditions are intended to form the agreement between us. Variations to this agreement may only be made by parties named overleaf (who are part of the contract) and with the written agreement of Healthcare & Mobility (Africa) CC.
- Where additional Conditions are agreed between Healthcare & Mobility (Africa) CC and its Customers then it is in the interests of both parties that these are set out in writing. Whilst Healthcare & Mobility (Africa) CC will usually remain bound by its agents’ agreement to vary these Conditions, Healthcare & Mobility (Africa) CC normally requires variations to these Conditions to be in writing.
- Due to the nature of the goods, all measurements are indicative and approximate and are not critical to the fulfilment of this agreement.
Price and Payment
- The Price payable by the Customer shall be that set out in Healthcare & Mobility (Africa) CC’s published price list at the date of agreement. VAT is included in the list price and will be payable on all orders.
- The Customer shall make payment of the Price, including VAT due, on the Delivery Date. Healthcare & Mobility (Africa) CC reserves the right not to make Delivery of the goods unless the Price including VAT has been paid.
- Healthcare & Mobility (Africa) CC reserves the right to charge interest on any overdue payments at the rate of 1% above the base rate of First National Bank then obtaining, provided that this shall not entitle the Customer to delay payment for any reason whatsoever. Interest shall fall due at this rate until payment of any outstanding balance.
- Healthcare & Mobility (Africa) CC reserves the right to make such changes or alterations to the Specification of the Goods from time to time as shall be required to comply with any applicable safety or statutory standards or requirements or which do not materially affect the quality or fitness for purpose of the Goods. This shall not affect the Price to be paid by the Customer.
- The customer acknowledges that the goods are custom built to order and therefore are classified as “Special-order goods” as referred to in the Consumer Protection Act.
- The customer confirms that the goods ordered are fit for purpose.
- The Customer hereby accepts that the goods purchased are fit for purpose and that they are reasonably suited for the purpose for which they are generally intended. Should the product be required to satisfy a particular purpose, the purpose must be indicated in writing on the Sales Agreement.
Warranties and Liabilities
- Healthcare & Mobility (Africa) CC will guarantee that the Goods will be free from defects in materials and workmanship for a period of 1 year from the date of delivery unless specified otherwise. Where any additional Goods or services are supplied and described as ‘optional extras’ then Healthcare & Mobility (Africa) CC will provide a guarantee for 1 year from the date of delivery.
- Healthcare & Mobility (Africa) CC accepts no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow Healthcare & Mobility (Africa) CC’s instructions (either given orally or in writing), misuse, alteration or repair of the Goods without Healthcare & Mobility (Africa) CC’s written approval.
- Except where Goods are delivered faulty or misdescribed, Healthcare & Mobility (Africa) CC will not be responsible for any guarantee in accordance with this Clause unless payment in full has been made by the Customer.
- Healthcare & Mobility (Africa) CC suggests that the Customer inspects the Goods promptly after Delivery and notifies Healthcare & Mobility (Africa) CC of any fault or defect in the Goods.
- No representation is made that Healthcare & Mobility (Africa) CC’s Goods provide any particular medical or health benefit to the Customer.
- Items including but not limited to, plug adaptors, extensions, fuses and other peripheral components, while often supplied by Healthcare & Mobility Africa are not covered under the warranty.
- Batteries are a consumable product and will gradually discharge with use. It is accepted by the customer that batteries will be required to be replaced from time to time dependant on use. The batteries are covered under a 3 month warranty.
- In instances where the fault does not fall under the guarantee or when the item is out of the guarantee period, a call out feel may be charged. Failure to make payment of the applicable charge will void all guarantees.
- The guarantee is not transferable.
- The guarantee is not considered and “on-site” guarantee and therefore does not include costs associated to callout, collection and delivery. • Should any goods be deemed to be faulty, it is the Customers responsibility to transport, at their cost and risk, the goods to the designated repair facility as advised by the company.
- Should the Customer be unable to transport the goods, a callout may be requested by the Customer. The cost of such a callout is payable by the Customer at the Companies current rate prior to dispatching a technician.
- Failure to pay the costs of callout, service, fault investigation and/or repairs will deem all guarantees null and void.
- Masterguard warranties are as per the terms and conditions of each individual product and do not form part of the warrantees as described in this contract.
- The warrantees, performance and claims against Masterguard have no bearing on this agreement and is regarded as separate components.
- The guarantee is not transferable.
Delivery of the Goods
- Healthcare & Mobility (Africa) CC shall deliver the Goods to the Customer’s address on the Delivery Date and at the time specifed by Healthcare & Mobility (Africa) CC.
- Healthcare & Mobility (Africa) CC will advise the Customer of the Delivery Date and/or approximate time till delivery (lead time), however neither the Delivery Date nor the approximate time till delivery (lead time) shall be binding to this agreement or give cause for the Customer to cancel the agreement.
- Mobility (Africa) CC shall be obliged to make delivery in a reasonable time which will be no longer than 3 months from date of the signed agreement, subject to availability of Goods and the location of the Customer. Should the Customer decline delivery at anytime prior to the 3 month period, the 3 month delivery period will no longer be applicable and the Customer will not have cause to cancel the agreement.
- The Customer agrees that (s)he will make all arrangements necessary to take delivery of the Goods when they are tendered for delivery as notifed by Healthcare & Mobility (Africa) CC.
- The charge for delivery is incorporated in the Price agreed overleaf provided that delivery can be concluded in one visit. If, after agreeing a delivery date with Healthcare & Mobility (Africa) CC, access is denied for the delivery of the Goods and/or a Customer requires a second visit, a claim for any abortive labour and transport costs may be made.
- The client must take delivery within 6 months of the date of this agreement unless otherwise stated on this agreement. Failure to take delivery within the 6-month period will result in the forfeiture of the deposit and the Company reserves the right to sell the goods to defray costs.
Risk and Property
- The Customer shall be responsible for damage to, or loss of, the Goods once they are delivered to the Customer and are in the possession of the Customer and/or in the Customer’s control.
- Healthcare & Mobility (Africa) CC shall retain legal ownership of all Goods supplied even where risk has already passed to the Customer until Healthcare & Mobility (Africa) CC has received all monies due. However the Customer should consider insuring the Goods until ownership is transferred.
- Where the Customer has accepted and inspected Goods in accordance with this agreement then, except for faulty or defective goods, Healthcare & Mobility (Africa) CC shall be treated as having performed its obligations to the Customer as set out in these Conditions.
- Healthcare & Mobility (Africa) CC shall have no responsibility for late delivery provided that it is within a reasonable time of this agreement. Healthcare & Mobility (Africa) CC shall not be responsible for short delivery of items (e.g. arm covers) which do not substantially affect its performance of this agreement.
South African Law
- This agreement shall be governed and interpreted in accordance with South African Law. In the unlikely event of any dispute arising, then the South African Magistrates Courts shall have jurisdiction over the same.
Notice of Cancellation Rights
- The Customer shall be entitled to cancel this agreement by sending or delivering a written notice of cancellation to Healthcare & Mobility (Africa) CC at the address set out overleaf within 7 days from the date of this agreement.
- In the instance where the Goods are delivered and/or installed prior to the 7 days referred to above, the Customer will no longer have the right to cancel.