TERMS AND CONDITIONS OF BUSINESS
- Healthcare & Mobility (Africa) CC. Company number 2008/219392/23 whose registered address is Mercury House, 55 Columbus Crescent, Rivergate Business Park, Parklands North, Cape Town.
- All correspondence should be addressed to The Members at the address overleaf.
- ‘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 and Mobility (Africa) CC.
- These Conditions are intended to apply to all contracts for the sale of goods between Healthcare and 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 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 Healthcare and Mobility (Africa) CC. This does not affect the Customer’s statutory rights.
- Where additional Conditions are agreed between Healthcare and Mobility (Africa) CC and its Customers then it is in the interests of both parties that these are set out in writing. Whilst Healthcare and Mobility (Africa) CC will usually remain bound by its agents’ agreement to vary these Conditions, Healthcare and Mobility (Africa) CC 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 Healthcare and Mobility (Africa) CC’s published price list at the date of the agreement.
- The Customer shall make payment of the Price including VAT due on the Delivery Date. Healthcare and Mobility (Africa) CC reserves the right not to make Delivery of the goods unless the Price including VAT has been paid.
- Healthcare and Mobility (Africa) CC 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.
- Healthcare and 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 sales agreement.
Warranties and Liabilities
- Healthcare and 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 otherwise stated on the agreement, excluding batteries which are covered by a 3-month warranty. Batteries are subject to wear and tear and will gradually discharge with use, thus reducing the travelling range. It is accepted by the customer that new batteries may have to be purchased from time to time, depending on use. Where any additional goods or services are supplied and described as ‘optional extras’ then Healthcare and Mobility (Africa) CC will provide a guarantee for 1 year from the date of delivery. Any attempt to open/dismantle any part of the scooter will cause the 1-year warranty to become void. This does not affect the Customer’s statutory rights.
- Healthcare and Mobility (Africa) CC/the manufacturer accept no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow Healthcare and Mobility (Africa) CC’s instructions (either given orally or in writing), misuse, alteration or repair of the Goods without Healthcare and Mobility (Africa) CC’s written approval.
- Except where Goods are delivered faulty, Healthcare and 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 and Mobility (Africa) CC suggests that the Customer inspects the Goods promptly after Delivery and notifies Healthcare and Mobility (Africa) CC in writing of any fault or defect in the Goods.
- No representation is made that Healthcare and Mobility (Africa) CC’s goods provide any particular medical or health benefits 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.
- Should any goods become 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.
- In instances where the fault does not fall under the guarantee or where the item is out of the guarantee period, a call out fee may be charged.
- The scooter is not designed to be used on grass, sand or gravel and the use on such terrain will void the guarantee.
- Exceeding the scooter’s capabilities(distance, incline, terrain) does not constitute product failure or fault.
- 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.
- Healthcare & 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 noted 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.
- Healthcare and Mobility (Africa) CC shall retain legal ownership of all Goods supplied even where risk has already passed to the Customer until Healthcare and 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 Goods in accordance with this agreement then except for faulty or defective goods, Healthcare and Mobility (Africa) CC shall be treated as having performed its obligations to the Customer as set out in these Conditions.
- Healthcare and Mobility (Africa) CC shall have no responsibility for late delivery provided that it is within a reasonable time of this agreement. Healthcare and Mobility (Africa) CC shall not be responsible for short delivery of items (e.g. baskets) that do not substantially affect its performance of this agreement.
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.