TERMS AND CONDITIONS OF BUSINESS
- Adjust4Sleep is a trading name of Healthcare & Mobility (Africa) CC. Company number 2008/219392/23 whose registered address is Mercury House, 55 Columbus Crescent, Rivergate Business Park, Tableview, 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.
- 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 oers 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. This does not affect the Customer’s statutory rights.
- Where additional Conditions are agreed between Healthcare & Mobility (Africa) CC and it’s Customers, then it is in the interests of both parties that these are set out in writing. Whilst Healthcare & Mobility (Africa) CC usually remain bound by it’s 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 the agreement. VAT is not included in the list prices and will be payable on all orders.
- The Customer shall make payment of the Price, together with VAT due, on the Delivery Date. Healthcare & Mobility (Africa) CC reserves the right not to make Delivery of the goods unless the Price and VAT have been paid.
- Healthcare & Mobility (Africa) CC reserves the right to charge interest on any overdue payments at the rate of 1% above the prime rate of First National Bank at that time. The Customer will not be entitled to delay payment for this reason. Interest shall fall due at this rate until full payment of the outstanding amount is made.
- Should the Customer not fulfil their contractual and ad hoc payment obligations, if invoices are outstanding or if the account is in arrears, the Company may void all guarantees associated to this agreement.
- 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 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.
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. This does not affect the Customer’s statutory rights.
- 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 (given orally or in writing), misuse, alteration or repair of the Goods without Healthcare & Mobility (Africa) CC’s written approval.
- The bed is composed of various components which in the event of the component becoming defective, that component will be considered a separate product in terms of the Consumer Protection Act.
- Any failure or damage to the steel arms of the adjustable bed will not be covered under the guarantee unless it has been concluded, by Healthcare & Mobility Africa cc, as a manufacturing fault.
- Except where Goods are delivered faulty, 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 in writing 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, UPS units and other peripheral components, while often supplied by Healthcare & Mobility Africa are not covered under the warranty.
- Mattresses replaced under warranty where a usage/warranty charge is applied as per the industry norm, will carry a new applicable warranty. In the event of a fault or manufacturing defect within 1 year of delivery, the Company will repair or replace the product free of charge. After 1 year but within the, where applicable, 3/5 year warranty, the Company has the right and discretion to repair or replace the product, charging the customer one-third/one-fifth of the current retail price multiplied by the number of years calculated from the date of delivery. The Company reserves the right to refuse this oer if the defect is caused by misuse or where the mattress is soiled, unsanitary or shows excessive wear and tear. The Company will endeavour to match the fabric used but reserves the right to substitute an alternative material.
- Loose threads, pilling, tear’s and stitching not integral to the performance of the mattress is not covered by the guarantee.
- Should any goods be deemed to be faulty, it is the customer’s responsibility to transport, at their cost and risk, the goods to the designated repair facility as advised by the company. This excludes items that are too large to freight.
- In instances where the fault does not fall under the guarantee or when the item is out of the guarantee period, a call out fee may be charged. Failure to make payment of the applicable charge will void all guarantees.
- The guarantee is not transferable.
- Masterguard and mattress protector 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 or the mattress protector have no bearing on this agreement and is regarded as separate components.
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 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 to 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 the Goods in accordance with this Agreement then, except for faulty or defective Goods, Healthcare & Mobility (Africa) CC shall be treated as having performed it’s 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. headboards) which do not substantially affect it’s performance of this Agreement.
- Notwithstanding the amount which may at any time be owing to Healthcare & Mobility (Africa) CC, the Customer hereby consents, in terms of Section 45 of the Magistrate’s Court Act (No. 32 of 1944 as amended), to the jurisdiction of the Magistrate’s Court having jurisdiction for the determination of any action or proceedings otherwise beyond the jurisdiction of the said court which might be brought by Healthcare & Mobility (Africa) CC against the Customer arising out of any transaction between the parties, it being recorded that Healthcare & Mobility (Africa) CC shall be entitled, but not obliged, to bring any action or proceeding in the said court and that all costs in any action brought by Healthcare & Mobility (Africa) CC against the Customer in any competent court, including costs as between attorney and client and including attorney’s collection commissions, will be paid by the Customer.
Notice of Cancellation Rights
- The Customer shall be entitled to cancel this agreement by sending a written notice of cancellation to Healthcare & Mobility (Africa) CC at the address as set out overleaf within 7 (seven) days from the date of this Agreement.
- Any refunds of cash payments made by the Customer will attract cash deposit costs which will be deducted from the amount refunded.