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
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
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withdrawn.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.
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
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
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.
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
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
The Company shall be entitled to refuse to accept any order, or to sell on
credit to any proposed Purchaser without providing any reason.
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.
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
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
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
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.
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
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
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.
Company shall not be held liable for death or personal injury resulting from any items purchased from the company.
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.
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
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
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.
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
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
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