CONDITIONS OF SALE

Kindly note that not all items are held in stock, should we need to order an item for you the usual delivery times are around 7-14 days. Please bear in mind that shipping delays are beyond our control but we will assist as much as possible in speeding up the delivery process
 

GENERAL

All Quotations or Tenders given and all orders received and accepted are

executed on the basis that the purchaser (“the Purchaser”) is bound by

these conditions of sale (the “Terms and Conditions”). Where there is any

inconsistency between these Conditions and any conditions which the

purchaser seeks to impose these Conditions of sale shall prevail. Where

orders specify delivery by instalments, each such instalment shall be

deemed to be a separate contract. Acceptance of any goods supplied

and/or delivered by the Company indicates an acceptance of these

Conditions.
 

1. VALIDITY OF QUOTATION

a) The Company reserves the right to refuse the Purchaser’s acceptance of

a Quotation given by the Company unless such Quotation is stated to be

open for a specific period and is accepted within such period before being

withdrawn. In the event of the receipt by the Company of an order from the

Purchaser, execution of the order is contingent upon actual availability of

goods and will not be binding on the Company.

b) Once an order has been placed by a Purchaser following on from the

issue of a Quotation, no orders to the Company may be cancelled.


2. PRICES

a) Unless otherwise agreed in writing, all orders are executed subject to the

then current prices and relevant discounts ruling at the date of despatch

and any price list of the Company whether published or not shall not affect

the right of the Company to charge for goods in accordance with this

clause

b) The Company reserves the right to make a handling charge on any

orders, such value may be notified in writing to the Purchaser from time to

time.

c) Post the placing of an order pursuant to a Quotation, in the event of any

change in the cost of raw materials or labour required to fulfil the order,

prices may be subject to an appropriate variation.

d) By placing an order and making an offer to buy a product, the Purchaser

authorises the Company to transmit information (including any updated

information) or to obtain information about the Purchaser from third parties

from time to time and this may include verification checks involving debit or

credit card number or credit reports in order to authenticate the Purchaser’s

identity; to validate the Purchaser’s credit card; to obtain an initial credit

card authorisation; to protect the Purchaser and the Company from fraud;

and to enable the Company to arrange delivery of the Purchaser’s order to

a nominated delivery address.


3. PAYMENT

a) Unless otherwise agreed in writing or the Purchaser is using third party

finance/credit, payment is due in full as indicated in the Terms shown on

the Invoice.

b) Where the contract is to be, or may be, fulfilled in separate instalments,

delivery or parts, payment for each instalment, delivery or part shall be

made as if the same constituted a separate contract.

c) No discount or other deductions are allowed unless specified in writing

by the Company.

d) The Company will be entitled to charge interest at 5% above the base

rate of Reserve Bank of South Africa from time to time on all overdue

accounts in accordance with clause 9 of these Terms and Conditions.

e) Notwithstanding Condition 3 (a) the Company shall without prejudice to

its other rights, have the right by notice in writing to the Purchaser to

demand immediate payment of all monies due from the Purchaser to the

Company for any goods delivered at whatever time.

 f) A deposit to secure a sale is subject to a 12 hour cooling off period. After

this time no refund will be given unless on the grounds finance is not

accepted.


4. CREDIT

The Company shall be entitled to refuse to accept any order, or to sell on

credit to any proposed Purchaser without providing any reason.


5. CARRIAGE

Unless otherwise stated, goods destined for delivery will be carriage paid

by the Company


6. CLAIMS FOR SHORT DELIVERY OR DAMAGED GOODS

The Company will not be liable for any loss or damage or shortage during

delivery unless the following conditions are complied with:

a) Notification in writing is received by the Company within seven days of

the date of invoice if the goods are not received.

b) Goods must be examined immediately on receipt. If any items appear to

be damaged or missing the delivery paperwork must be clearly marked

“damaged” or “missing”. The Company must be notified of the damage or

short delivery in writing within twenty-four hours of delivery and within a

day of delivery a detailed claim (including photographs of any alleged

damage) must be sent in writing to the Company and the packaging

retained and dealt with as directed by the Company.


7. COMPLAINTS

Unless claims are notified in accordance with this clause 6, the Purchaser

shall be bound to accept and pay for the goods delivered in accordance

with clause 3 (a).


8. DELIVERY AND PASSING OF RISK

a) Unless otherwise agreed in writing, delivery shall be made at the

Purchaser’s premises specified in the order. Risk in the goods shall pass

to the Purchaser on delivery.

b) Any times quoted for despatch, repair or replacement are estimates only

and the Company shall not be liable for failure to despatch, repair or

replace within such time.

c) In so far as there is a delay in delivery which is caused by some fault of

the Purchaser (including failure to arrange a delivery date), then the

Company reserves the right to levy a service charge in relation to storage.

During this time, title to and risk in the goods shall remain with the

Company.

d) Where a Purchaser fails to accept deliveries in accordance with the

terms and conditions of the order, the balance of undelivered goods shall

be invoiced to the Purchaser, the goods being held at the Purchaser’s risk

and any storage and additional carriage costs being charged to the

Purchaser’s account.

e) The Company will do all it reasonably can to deliver the goods to the

Purchaser within the estimated timescales, but shall not be held liable for

any delay or failure to deliver the Purchaser’s order within the estimated

timescale as a result of such delays. Delays are occasionally inevitable

due to unforeseen factors or events outside the Company’s control, for

example, material shortages, travel or transportation disruption, import

delays or higher-than-anticipated demand.


9. PASSING OF RISK AND RETENTION OF TITLE

a) Goods are supplied to the Purchaser by the Company subject inter alia

to the following terms and conditions.

b) Notwithstanding delivery and the passing of risk in goods, title to and

ownership of the goods shall remain with the Company until payment in full

for the goods, and for all other goods supplied by the Company to the

Purchaser for which payment is then due, has been received by the

Company.

c) If payment for the goods is overdue in the whole or in part the Company

shall be entitled at any time to require the Purchaser to return the goods at

its own cost to the Company and, if the Purchaser fails to do so forthwith, to

enter upon any premises of the Purchaser or any third party where the

goods are stored and re-possess and re-sell the goods or any of

them. Payment for the goods shall become due inter alia immediately upon

the commencement of any act or proceeding in which the Purchaser’s

solvency is involved.

d) Until the Company is paid in full for the goods, and all other goods

supplied by the Company for which payment is then due, the relationship of

the Purchaser to the Company shall be that of a fiduciary and bailee with

respect to all goods for which payment is outstanding and the Purchaser

shall keep all such goods separate from those of the Purchaser and third

parties and properly stored, protected, insured and identified as the

Company’s property. A like right for the Company shall apply where the

Purchaser uses the goods in any way so as to be entitled to payment from

a third party. Until the Company is paid in full as foresaid the Purchaser

shall be entitled to re-sell the goods in the ordinary course of its business

but shall account to the Seller for the proceeds of sale of the goods,

including insurance proceeds, and shall keep all proceeds of sale of such

goods separate from any monies of the Purchaser or of third parties.

e) The Purchaser shall not be entitled to pledge or in any way charge by

way of security for any indebtedness any of the goods which remain the

property of the Seller, but if the Purchaser does so all monies owing by the

Purchaser to the Seller shall be without prejudice to any other right or

remedy available to the Seller forthwith become due and payable.


10. RETURN OF GOODS

a) Subject only to any express terms of a warranty that may apply to the

goods purchased as set out in clause 11, return of goods will not be

accepted unless the Company or its appointed agent, shall first have had

the opportunity of examining some and/or confirming the goods may be

returned on the sole basis that they are faulty/defective or subject to a

product recall, unless the Company has agreed otherwise in writing.

Returns will not be accepted due to change of heart or any reason other

than it being defective.

b) Any goods returned in accordance with clause 10(a) which, for any

reason, is not attributable to the Company will be subject to a handling

charge of 25% of the total paid amount excluding delivery charges.

The decision of return can be declined by the Company. 

Should the machine have been ordered specifically for the purchaser,

no return will be accepted.

c) Any returned goods which are claimed to be defective and on inspection

are found to be in working order may be returned to the Purchaser at the

Company’s discretion and at the Purchaser’s cost.

d) Returned goods should, wherever possible, be packed by the Purchaser

in the original packaging and in any event, be placed in such a manner to

ensure the goods are delivered to the Company without loss or

damage. Goods returned to the Company, which have not been supplied

by them, will be returned as received and a handling and carriage charge

will be payable.


11. WARRANTY

a) Any devices(s) supplied by the Company, which fails during its six

months’ (or extended) warranty period as a result of faulty workmanship or

materials in manufacture, will be repaired or replaced (at the discretion of

the Company), either as a free service by the company or at times may be charged
to the purchasers account, providing the product(s) is forwarded to the Company
suitably packed and carriage paid*. The Company’s liability for

shortage, failure or defect and the goods supplied shall be limited to the

cost of making good such shortage, failure or defect by repair or

replacement and the Company shall not in any event be liable for any direct

or indirect damage or loss whatsoever sustained or liability incurred by the

Purchaser. Furthermore, it is the responsibility of the Purchaser to satisfy

itself as to the fitness or suitability of the goods for any particular purpose

and the goods are sold without any warranty, express or implied as to their

suitability for a particular purpose or condition save where the Company

has given specific written advice in connection therewith.

b) Training – Any new machine purchased can also be purchased with an additional training package

which enables products training for therapists during the six

months of the manufacturer’s warranty period. After the six-month

period has expired, training can still be purchased directly from the

Company


12. LIABILITY AND INDEMNITY

a) If the fulfilment of an order (or any aspect of it) would be illegal or

unlawful, including by reason of breach of export controls or sanctions,

rules, or the Purchaser fails any of the Company’s fraud detection or antimoney
laundering detection checks, the Company has the right to stop or

cease to fulfil the order (or part thereof) at any time and shall incur no

liability in such circumstances.

b) The Purchaser has certain rights as a customer, including legal rights

relating to faulty goods. All descriptive and forward specifications, drawings and

particulars of weights and dimensions issued by the Company are

approximate only, and are intended only to present a general idea of the

goods to which they refer and shall not form part of the contract

c) Any orders delivered to the Purchaser will be of satisfactory quality.

However, if the Company delivers an order that is not of satisfactory

quality, the Purchaser can contact the Company for a repair or

replacement.

d) The Company will not be liable, in contract, tort (including, without

limitation, negligence), pre-contract or other representations (other than

fraudulent or negligent misrepresentations) or otherwise out of or in

connection with the Terms and Conditions for any direct, special, incidental,

indirect or consequential damages including loss of profit, loss of

opportunity or any losses related to any business including (without

limitation) lost data, earnings or business interruption that result from the

use of, or the inability to use, the purchased goods, even if the Company

has been advised of the possibility of such damages.

e) The Purchaser agrees to fully indemnify, defend and hold harmless the

Company, its agents, officers, directors, employees and suppliers, from and

against all claims, liability, damages, losses, costs and expenses, including

reasonable legal fees, arising out of any breach of these Terms and

Conditions by the Purchaser or any other liabilities arising out of the

Customer’s use of the website.

f) The

Company shall not be held liable for death or personal injury resulting from any items purchased from the company.

 

 

13. CORRECTIONS

In the event of any employee of the Company making an error in any term,

contract, offer, acceptance or quotation the Company may by notice in

writing to the Purchaser correct the error.


14. PERFORMANCE

Any performance figures given by the Company are estimates based on its

experience and in-house testing and as such are what the Company

expects to be possible using certain reasonable assumptions. The

Company does not guarantee such performance figures and accepts no

responsibility whatsoever or howsoever for the Purchaser attaining such

performance figures and therefore shall be under no liability for damages or

failure to attain such figures unless the Company has specifically and in

writing guaranteed performance figures and then only subject to recognized

tolerances applicable to such figures. The Company reserves the right to

update performance figures and protocols as further data becomes

available.


15. SUSPENSION OR CANCELLATION OF DELIVERIES

If the Purchaser cancels their order the Company shall be entitled to

recover loss sustained thereby from them. The purchaser will indemnify

the Company in respect of any third-party claims arising against the

Company by virtue of any act or omission arising out of the companies’

repudiation of the contact or suspension or cancellation of deliveries under

this condition.


17. COPYRIGHT

All drawings descriptions and other information submitted by the Company

shall remain the property of the Company together with the copyright

therein and promptly upon request by the Company the Purchaser shall

return the same to the Company.


18. DATA

The Company shall keep and use any data relating to the Purchaser in

accordance with the provisions of all relevant data protection legislation to

process the Purchaser’s order and payment and (unless the Purchaser

requests the Company does not do so), to inform the Purchaser about

similar products that the Company provides and essential technical

updates. The Purchaser may stop receiving this information at any time by

contacting the Company.


19. FORCE MAJEURE

The performance of all contracts is subject to variation or cancellation

owing to Act of God, war strikes, lockout, fire, drought, riot, civil commotion,

restriction by Government or other competent authority or any other cause

beyond the Company’s control, or owing to the Company’s inability to

procure materials or articles except at enhanced prices due to any of the

afore going clauses.


20. HEALTH AND SAFETY

a) The Buyer shall be responsible for ensuring that all statutory,

government or local regulations are complied with in relation to the

operation of any goods purchased from the Company. Should any local

regulations require amendments to the specification the cost of any such

amendments shall be charged to the account of the Buyer in addition to the

original contract price. The Buyer shall ensure that all instructions,

handbooks, notices and warnings issued by the Company are properly

understood and complied with at all times by all persons using the goods or

working within close proximity to them, the Buyer being responsible for the

translation of the English narrative supplied by the Company.

b) It is the Buyer’s responsibility to ensure that any adverse incidents

relating to the goods are reported back to the Company in writing as soon

as possible following any such incident taking place.


21. INSOLVENCY OF BUYER

This Clause 21 applies if:

a) The Buyer makes any voluntary arrangements with its creditor or

becomes subject to an administration order or (being an individual or firm)

becomes bankrupt or (being a company) goes into liquidation (otherwise

than for the purpose of amalgamation or reconstruction), or

 b) An incumbrancer takes possession of or a receiver is appointed to

dispose of any of the property or assets of the Buyer, or

c) The Buyer ceases or threatens to cease to carry on business, or

d) The Company reasonably apprehends that any of the events mentioned

above is about to occur in relation to the Buyer and notifies the Buyer

accordingly.

e) If clause 21(a) applies, then without prejudice to any other right or

remedy available to the Company, the Company shall be entitled to cancel

the contract or suspend any further deliveries under the contract, without

any liability to the Buyer, and if the goods have been delivered, but not paid

for, the price shall become immediately due and payable, notwithstanding

any previous agreement or arrangement to the contrary.


23. LEGAL CONSTRUCTION

These Terms and Conditions and any contract following thereon shall be

governed by and construed in accordance with the Laws of South Africa

and the parties shall submit to the jurisdiction of the Magistrates Court


24. GENERAL

a) The Company may change these Terms and Conditions at any time. If

any clause of these Terms and Conditions shall be deemed unlawful, void

or for any reason unenforceable, then that clause shall be deemed

severable from the Terms and Conditions and shall not affect the validity

and enforceability of the remainder of these Terms and Conditions which

shall continue to have full force and effect.

b) If the Purchaser breaches these Terms and Conditions and the

Company takes no action it will still be entitled to use its rights and

remedies in other situations where the Purchaser is in breach. No waiver

by the Company shall be construed as a waiver of any proceeding or

succeeding breach of any clause of these Terms and Conditions.

c) These Terms and Conditions govern the relationship with the Purchaser

and supersede any and all preceding and contemporaneous agreements

between the Purchaser and the Company. Any waiver of any provision of

the Terms and Conditions will only be effective if in writing and signed by a

Director of the Company. The Purchaser confirms that, in agreeing to

accept the Terms and Conditions, it has not relied on any representation

save insofar as the same has expressly been made a clause of these

Terms and Conditions and the Purchaser agrees that it shall have no

remedy in respect of any representation. The Purchaser’s statutory rights

are not affected by these Terms and Conditions