STANDARD TERMS AND CONDITIONS OF SALE
All orders and agreements of sale made and entered into by A Schoeman CC t/a MediDent (the company) and the purchaser of the Company’s goods (the customer) shall be on the terms and conditions contained in the order and/or invoice and subject to the terms and conditions as set out below. In the event of a conflict between the terms and conditions contained in the order and/or invoice and these terms and conditions, the terms and conditions contained in this shall prevail.
All amounts owing to the company shall be paid within 30 (thirty) days of invoice date, unless otherwise stated on the invoice or quotation.
If any amount is not paid within the agreed term the customer may be liable for interest. Said interest shall not exceed the prescribed tare of interest as contemplated in the revised Prescribed Rate of Interest Act. Act 55 of 1975, unless the company is a registered financial credit provider as contemplated in the National Credit Act. Act 34 of 2005. Such interest shall be calculated and paid monthly in arrears, provided that if the interest is not paid, the interest shall be added to the principal sum and the whole amount shall form the principal debt which shall bear interest.
Ownership of the goods forming the subject matter of this contract shall remain vested in the company until all amounts due have been paid.
The customer shall keep all goods in respect of which the purchase price (and interest, if applicable) has not been discharged in full, free from any encumbrance, attachment, hypothec or other legal charge or process and shall notify the landlord of its premises from time to time in writing that the goods are the property of the company.
Subject to any applicable law, the company shall have the option (but without prejudice to any of its other rights against the customer) by notice in writing, being it prepaid and/or electronic service and/or facsimile to the customer to rescind this contract and any other contract between the company and the customer or to suspend performance of any of its obligations hereunder, should;
any sum owing by the customer to the company under this, or any other contract, be overdue for a period exceeding 14(fourteen) days; or
the customer be otherwise in breach of this contract or any other contract with the company.
In the event of the company instruct attorneys to collect from the customer an amount owing to the company, the customer agrees to pay all costs on the scale as between attorney and own client, including collection.
The customer hereby consents in terms of Section 45 of the Magistrates Courts Act, 1944 (as amended) to the jurisdiction of the Magistrates Court having jurisdiction under Section 28 of that Act, notwithstanding that the claim by the creditor exceeds the normal jurisdiction of the Magistrates Court as to amount. This notwithstanding, the company shall in its discretion, be entitled to proceed against the customer in any other court of competent jurisdiction.
Subject to reasonable unavoidable delays in delivery, delivery of the goods to the customer shall be made on or about the time and in the manner agreed to between the company and the customer and at the time the order is taken. Should no time and manner of delivery be specifically agreed, the goods will be deemed to have been delivered when the company notifies the customer that the goods are available for collection from the company. Unless otherwise agreed, if the goods are delivered to the customer by the company or its agents, the cost of such delivery shall be borne by the customer.
Unless otherwise agreed, the risk of loss or damage to the goods shall pass to the customer on delivery of the goods or on signature of the delivery of the delivery note by the customer or his agent, whichever is the earlier.
The company shall not be liable for any loss, damage or delay due to the failure of the company to deliver the goods on the agreed date of delivery.
The company may deliver the goods in consignments and no failure of or delay in the delivery of any consignment or any defect in the contents thereof shall entitle the customer to treat the contract as repudiated with regard to any remaining consignments.
The company shall be entitled to suspend or reduce the fulfilment of any contract for the supply of the goods at any time if any contingency beyond the company’s control arises, such as non or reduced availability of raw materials, strikes, lock-outs, fire or any act or event which interferes with or prevents the manufacture, production or delivery of the goods.
Subject to any applicable law, the company will be liable for any defect in the goods by reason of faulty production, workmanship or quality of raw materials provided that;
it is established that the goods sold by the company were correctly installed and properly cared for and used; and
the company received written notice of the defects within 7(seven) days of the delivery.
Subject to any applicable law, the company’s liability shall be limited at its sole discretion and option to:
repairing such goods free of charge; or supplying the customer with another unit of the goods free of charge; or passing credit for the
purchase price of the goods; or retuning to manufacturer for inspection and repair,
provided that the company shall under no circumstances whatsoever be responsible for any consequential or other damages whatsoever.
Save as set out herein and subject to any applicable law, all condition, terms, warranties or representations as to quality, fitness, performance or otherwise in relation to the goods are excluded.
Save as expressly provided for in these terms and conditions and subject to any applicable law, the company shall not be liable for any loss, damage or delay whatsoever and howsoever the same may arise or be caused, including without restricting the generality of the aforegoing, by reason of any negligence by the company or its employees or agents.
When the customer purchases the goods for re-sale, the customer shall ensure that the purchase of the goods is apprised of these conditions so as to ensure that the purchase’s claims (if any) against the company are limited to the extent stated herein.
The customer indemnifies and holds the company harmless against all claims, loss, damage, expense or proceedings whatsoever nature against or on the part of the company arising out of the sale or distribution of the goods whether defective or not for any reasons whatsoever.
Should any goods be returned for any reason other than those stated herein or provided for in any law, a 10% (ten per cent) handling charge will be levied.
Goods returned for credit or exchange will not be credited unless accompanied by the invoice number and be in the original, unopened, sealed package and in a saleable condition, without seals broken and without bent or smudged labels.
Subject to any applicable law, goods will not be accepted for credit after a period of 30(thirty) days after the date of delivery.
Goods specially obtained at the request of the customer will not be accepted for credit.
Delivery fees will not be credited on goods returned.
The customer shall be liable for transportation shipping charges incurred to return the equipment to the manufacturer for inspection or warranty claim (valid or not).
No alteration, cancellation, variation, waiver of or addition of these terms and conditions shall be of any force or effect unless expressly accepted in writing by the company.
No indulgence, leniency or extension of time shown or granted to the customer shall in any way prejudice the company or preclude the company from exercising any of its rights in the future.
The customer agrees that the company will be entitled to make enquiries about the customer’s credit record with any credit reference agency or any other party to confirm the details supplied by the customer. The company may also provide credit reference agencies or other credit grantors with regular updates regarding the manner in which the customer conducts its account, including failure to comply with the company’s agreed terms and conditions. The customer further agrees that credit reference agencies may in turn make the customer’s record and details available to other credit providers.