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Aqualift

TERMS AND CONDITIONS OF BUSINESS

The Company

  • Aqualift is a trading name of Healthcare & Mobility (Africa) CC. Company number 2008/219392/23 whose registered address is Lesedi House, Edison Way, Century Gate Business Park, Century City, Cape Town.
  • ‘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 but does not include insurance or VAT unless specified overleaf.
  • ‘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.

The Contract

  • These Conditions are intended to form a legally binding agreement between you (the Customer) and The Company.
  • These Conditions are intended to apply to all contracts for the sale of goods between The Company and the Customer subject to a satisfactory survey being carried out.
  • The Customer agrees that all orders for the sale of goods set out overleaf are oers to enter into an agreement to buy those goods in accordance with these Conditions.
  • These Conditions are intended to form an 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 The Company. This does not affect the Customer’s statutory rights.
  • Where additional Conditions are agreed between The Company and its Customers then it is in the interests of both parties that these are set out in writing.
  • Whilst The Company will usually remain bound by its agents’ agreement to vary these Conditions, The Company normally requires variations to these Conditions to be in writing.

Price and Payment

  • The Price payable by the Customer shall be that set out in The Company’s price list at the date of the agreement, VAT included.
  • The Customer shall make payment of the Price together with VAT due on the Delivery Date. The Company reserves the right not to make Delivery of the goods unless the Price and VAT has been paid.
  • The Company 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.

The Goods

  • 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 order form.
  • Dependent on the Customers physical ability to do so, the Customer may not be able to lie down in the bath as shown in the advertisement, brochures or websites.
  • Where the item purchased is the “Aquachair”, the Customer acknowledges that it is not the same product as seen in the advertisement, brochures or websites and therefore will not perform in the same manner as portrayed in any advertising material.

Warranties and Liabilities

  • The Company 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 otherwise stated on the agreement. Where any additional Goods or services are supplied and described as ‘optional extras’ then The Company will provide a guarantee for 1 year from the date of delivery.
  • The Company accepts no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow The Company’s instructions (either given orally or in writing), misuse, alteration or repair of the Goods without The Company’s written approval.
  • Except where Goods are delivered faulty, The Company will not be responsible for any guarantee in accordance with this Clause unless payment in full has been made by the Customer.
  • The Company suggests that the Customer inspects the Goods promptly after Delivery and notifies The Company of any fault or defect in the Goods.
  • No representation is made that The Company’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.
  • The guarantee is not considered an “on-site” guarantee and therefore does not include costs associated with 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.
  • 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 specified 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 the 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 notified 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 on 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.
  • The Company shall retain legal ownership of all Goods supplied even where risk has already passed to the Customer until The Company has received all monies due.
  • While every endeavour is made to apply best practise when installing the product, The Company cannot be held liable or responsible for any failings and/or frailties of the Customer’s house.

Customer’s Remedies

  • Where the Customer has accepted and inspected Goods in accordance with this agreement then except for faulty or defective goods. The Company shall be treated as having performed its obligations to the Customer as set out in these Conditions.

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 Magistrate’s 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 The Company at the address set out overleaf within 7 days from the date of this agreement.
  • In the instance where the Aqualift is installed prior to the 7 days referred to above, the Customer will no longer have the right to cancel.
  • The Aquachair may not be returned or the agreement/order cancelled once delivered due to reasons of public health.