Website Use Terms and Conditions | Conditions of Sale via Online Store

This website is operated by Delta Health and Safety Equipment (Pty) Ltd. Throughout the site, the terms “we”, “us” and “our” refer to Delta Health and Safety Equipment (Pty) Ltd. Delta Health and Safety Equipment (Pty) Ltd offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

 

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

 

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

 

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

 

Our store is hosted on WordPress and WooCommerce. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

 

SECTION 1 – ONLINE STORE TERMS

 

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

 

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

 

You must not transmit any worms or viruses or any code of a destructive nature.

 

A breach or violation of any of the Terms will result in an immediate termination of your Services.

 

SECTION 2 – GENERAL CONDITIONS

 

We reserve the right to refuse service to anyone for any reason at any time.

 

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

 

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

 

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

 

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

 

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

 

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

 

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

 

Prices for our products are subject to change without notice.

 

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

 

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

 

SECTION 5 – PRODUCTS OR SERVICES (if applicable)

 

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

 

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.

 

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

 

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

 

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

 

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

 

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

 

For more detail, please review our Returns Policy.

 

SECTION 7 – OPTIONAL TOOLS

 

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

 

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

 

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

 

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

 

SECTION 8 – THIRD-PARTY LINKS

 

Certain content, products and services available via our Service may include materials from third-parties.

 

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

 

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

 

SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

 

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

 

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

 

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

 

SECTION 10 – PERSONAL INFORMATION

 

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

 

SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS

 

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

 

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

 

SECTION 12 – PROHIBITED USES

 

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

 

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

 

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

 

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

 

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

 

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

 

In no case shall Delta Health and Safety, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 

SECTION 14 – INDEMNIFICATION

 

You agree to indemnify, defend and hold harmless Delta Health and Safety Equipment and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

 

SECTION 15 – SEVERABILITY

 

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

SECTION 16 – TERMINATION

 

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

 

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

 

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof)

 

SECTION 17 – ENTIRE AGREEMENT

 

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

 

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

 

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

 

SECTION 18 – GOVERNING LAW

 

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 60a Director Rd, Kempton Park, Johannesburg, 1619, South Africa.

 

SECTION 19 – CHANGES TO TERMS OF SERVICE

 

You can review the most current version of the Terms of Service at any time at this page.

 

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

 

SECTION 20 – REFUNDS AND RETURNS POLICY

 

Policy Duration

 

Our policy lasts 30 days. If 30 days have gone by since your purchase, unfortunately we can’t offer you a refund or exchange.

 

To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging.

 

To complete your return, we require a receipt or proof of purchase.

 

Please do not send your purchase back to the manufacturer.

 

 

 

Partial Refunds

 

There are certain situations where only partial refunds are granted: (if applicable)

 

Any item not in its original condition, is damaged or missing parts for reasons not due to our error.

Any item that is returned more than 30 days after delivery

 

Refunds (general)

In the event of stock not being available within a reasonable amount of time, we will refund for the portion of the order that is not available.

 

Refunds on returns (if applicable)

 

Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund.

 

If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days.

 

 

 

Late or missing refunds (if applicable)

 

If you haven’t received a refund yet, first check your bank account again.

 

Then contact your credit card company, it may take some time before your refund is officially posted.

 

Next contact your bank. There is often some processing time before a refund is posted.

 

If you’ve done all of this and you still have not received your refund yet, please contact us at sales @ deltahealth.co.za.

 

 

 

Sale items (if applicable)

 

Only regular priced items may be refunded, unfortunately sale items cannot be refunded.

 

Exchanges (if applicable)

 

We only replace items if they are defective or damaged. If you need to exchange it for the same item in a different size, send us an email at sales @deltahealth.co.za and send your item to: 60a Director Rd, Kempton Park, Johannesburg, 1619.

 

 

 

SHIPPING

 

The estimated cost of shipping is calculated and added for cart check out. In some cases where your shipping address is an outlying area, the estimate may be insufficient to cover shipping costs. Should this happen, we reserve the right to charge you for the additional shipping charges. We will undertake to confirm these additional charges with you before your shipment is dispatched.

 

Where you have opted to collect from our warehouse, it is your responsibility to call ahead a book a collection time with our sales department. We can not be held responsible for any delays resulting in you not making a booking ahead of time.

 

To return your product, you should mail/courier/deliver your product to: 60a Director Rd, Kempton Park, Johannesburg, 1619.

 

You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund. In the case of items over the value of R1000, a handling fee of R150 will be deducted from the refund

 

Depending on where you live, the time it may take for your exchanged product to reach you, may vary.

 

If you are shipping an item over R1000, you should consider using a trackable shipping service or purchasing shipping insurance. We don’t guarantee that we will receive your returned item.

 

When we re-ship an exchanged product(s), the cost of re-shipping is an additional fee to be paid by the customer.

 

The shipping charges of your original order are non-refundable.

 

CONTACT INFORMATION

Questions about the Terms of Service as well as any of our other policies should be send to us at marketing@deltahealth.co.za

Standard Terms and Conditions of Sale | General Trading/Offline Purchases

These terms and conditions are provided for ease of reference. Terms are only granted on application and are subject to credit vetting. We will update these terms and conditions from time to time. When we update the terms and conditions, we will send an email to any registered contact person within your company (‘The Customer’). Registered contact person refers to the contact person you have designated for receiving statements and invoices, as well as any person who requests pricing on our products on your behalf.

1. INTERPRETATION 

 

The Company and the Customer agree that: 

 

1.1 This contract shall be interpreted according to and governed in all respects by the laws of the Republic of South Africa; 

1.2 The clause headings in these conditions are for convenience and shall not be used in their interpretation; 

1.3 Unless the context clearly indicates a contrary intention, an expression which denotes: 

1.3.1 Any gender includes the other genders; 

1.3.2 A natural person includes a juristic person and vice versa; 

1.3.3 The singular includes the plural and vice versa. 

1.4 The goods means the goods as indicated on Company forms, price lists, quotations, orders or invoices. 

1.5 The Company shall mean Delta Health and Safety Equipment Pty Ltd trading as Delta Health and Safety. 

1.6 The Customer shall mean the second party indicated on page one of the Credit Application to which these terms and conditions are annexed to.

 

2. APPLICATION 

 

2.1 These terms shall apply to every agreement entered into between the Company and the Customer and shall constitute the general terms of each agreement entered into between the Customer and the Company. Each agreement will also contain special terms. Where there is any inconsistency between any of these general terms and any special term, the special term shall prevail. 

2.2 Where the Company supplies any quotation or tender, no agreement will arise until the acceptance of that quotation or the company receives such tender in accordance with its terms and conditions. 

 

3. PRICES AND QUOTATIONS 

 

3.1 The price of the goods sold shall be the usual price as set out in the Company price list at the time of the sale of the goods or the price agreed between the parties in writing. 

3.2 The Company has the right to change the prices of the goods from time to time, should any transaction with the Customer be affected, prior notice will be given to the Customer. 

3.3 All quotes remain valid for up to 30 (thirty) days dependant on volatility of currency and pending supplier increase, whichever occurs first. The validity of any price quoted is subject to availability.

3.4 Any quote may be changed at any time in the event of any increase in the cost price of the goods, including currency fluctuations. Price increases will only be affected if the goods have not yet been dispatched to the Customer. 

 

4. PAYMENT 

 

4.1 The Customer shall pay the amount on the tax invoice at the offices of the Company. Payment is due immediately except in the case of credit approved customers, in which event payment is due within 30 (thirty) days of date of the statement. Where payment is due immediately (cash customers) payment must reflect in our bank account before we can supply any stock.

4.2 Where the Customer uses Internet banking, the bank shall be deemed to be the agent of the customer. 

4.3 The Customer has no right to withhold payment or make set offs or deductions from any payment due by it for any reason whatsoever. No extension of payment of any nature will be granted unless reduced to writing and signed by the Customer and a duly authorised representative of the Company. 

4.4 The Company shall have the right to suspend deliveries and to exercise its rights in terms of clause 5 if any amount due by the Customer is unpaid. 

4.5 If any amount owed is not settled in full on due date or alternatively on demand, the Company is entitled to, without prejudice to any of its rights: 

4.5.1 Immediately institute legal action against the Customer; and/or 

4.5.2 Cancel the sale and take possession of any goods delivered to the Customer, including goods sold or disposed of by the Customer which have not been paid for in full, and claim damages. 

4.6 Should any amount not be paid by the Customer on due date, the full outstanding amount in respect of all purchases by the Customer shall become due and payable.

4.7 The Company shall not accept cheques as a valid form of payment. 

4.8 Acceptance of a negotiable instrument from the Customer shall not be deemed to be a waiver of the Company’s rights under this contract.  

 

5. WITHDRAWAL OF CREDIT FACILITIES 

 

5.1 The Company’s decision to grant credit facilities to the Customer and the nature and extent thereof is at the sole discretion of the Company. 

5.2 The Company reserves the right to withdraw, increase or decrease any credit facilities at any time without prior notice. 

 

6. ORDERS 

 

6.1 The Customer hereby confirms that the goods on the tax invoice issued duly represent the goods ordered by the Customer at the prices agreed to by the Customer and where performance/delivery has already taken place that the goods were inspected and that the Customer is satisfied that these conform in all respects to the quality and quantity ordered and are free from any defects. 

6.2 The Company will accept written and verbal order numbers followed by e-mailed confirmation of orders. Verbal orders are to be issued by authorised Customer personnel. All such orders and any variations to orders will be binding, subject to these standard terms and conditions and may not be varied or cancelled without prior written consent from the Company. The Company will not be responsible for any errors or misunderstandings occasioned by the Customer’s failure to make the order in writing. 

6.3 Orders shall constitute irrevocable offers to purchase the goods in question at the usual prices of the Company as at the date when the Customer places the order of the goods, subject to clause 3.4 above, and shall be capable of acceptance by the Company by the delivery of the goods, written acceptance or confirmation of the order. The Customer shall provide the Company with an order number when placing an order. 

6.4 Any order marked for “Collections” and not collected within 3 days of placing the order will automatically be credited back into the system.

 

7. DELIVERY 

 

7.1 Any delivery note (copy or original) signed by the Customer and/or its authorised representative and/or its nominated agent and held by the Company, shall be prima facie proof that delivery was made to the customer as per the description and quantity indicated on the delivery note. 

7.2 The Company shall be entitled to split the delivery of the goods ordered in the quantities and on the dates it decides with the prior consent of the customer, which consent shall not be unreasonably withheld. 

7.3 In the event of the Customer choosing to engage its own third party to transport the goods, the Customer indemnifies the Company against any claims of any nature whatsoever that may arise from such an agreement. 

7.4 The Company is entitled to engage a third party on its behalf to transport all goods purchased by the Customer to the delivery address stipulated by the customer. 

7.5 Should the Customer wish to receive delivery of the goods by another method of transportation than that normally used by the Company, the Customer shall make such request in writing and, in the event that the Company agrees to arrange such special delivery the additional charges shall be debited to the Customer’s account and shall be payable by the customer. 

7.6 The Company will ensure that the goods will be dispatched or delivered at the agreed time, place and date at the Company’s risk. 

7.7 Goods received in a damaged condition must either be rejected or accepted. If damaged goods are accepted, a note of the item and type of damage must be made by the Customer on the front of the invoice or delivery note. If the goods are accepted and no note is made on the front of the invoice or delivery note, this shall serve as prima facie proof that the goods were received in good condition by the Customer. 

7.8 The goods or services will be regarded as delivered if the Customer expressly accepts delivery or if a reasonable time has lapsed without the Customer rejecting same. 

 

8. OWNERSHIP AND RISK 

 

8.1 All risk in and to all goods sold by the Company to the Customer shall pass to the Customer on delivery thereof. Ownership in all goods sold and delivered shall remain vested in the Company until the full purchase price has been paid, and in the event of a breach of these terms and conditions by the customer, or if the Customer is sequestrated or placed under liquidation or judicial management or commits any act of insolvency or enters into any compromise with its creditors or fails to satisfy a judgment granted against it within 7 (seven) days of the date of judgment or changes the structure of its ownership, the Company shall be entitled to take possession of the goods without prejudice to any further rights vested in the Company, and is hereby irrevocably authorised to enter upon the Customer’s premises to take possession of such goods without a Court order.

8.2 Goods in the possession of the Customer bearing the Company’s name, trademark, labels and/or serial no are deemed to be those for which payment has not yet been made, and should any breach of these terms occur, may be re-possessed by the Company in terms of paragraph 8.1 above. The Customer shall fully insure the goods purchased from The Company against loss or damage until the Customer has paid the full purchase price for such goods. Pending payment to the Company for goods purchased, all benefits in terms of the insurance policy relating to the insurance of such goods, shall be ceded to the Company. 

8.3 The Customer shall inform the landlord of the premises at which the goods are kept that such goods are the sole and absolute property of the Company until such time as the Customer has paid the full purchase price to the Company. 

8.4 The Customer shall inform the Company in writing of any change in the address or the details of any person in whose possession the goods are until such time as the Customer has paid the full purchase price to the Company.

 

9. BREACH OF CONTRACT 

 

9.1 In the event that the Customer does not comply with any of the terms and conditions of this agreement; or fails to pay any amounts due under this agreement; made any misleading statements to the Company before signing this agreement; or allows any judgment that has been taken against him or her to remain unpaid for more than 7 business days; or is sequestrated or liquidated, or performs an act of insolvency in terms of the Insolvency Act 24 of 1936, or being a natural person, dies or being a juristic person, undergoes a material restructure; or if any collateral that the consumer has provided as security in terms of this agreement is lost, then the Company may (without affecting any of its rights) proceed with the enforcement or termination of the agreement. 

 

9.2 Upon the occurrence of any of the abovementioned events, the Company shall be entitled, at its election and without prejudice to: 

9.2.1 claim immediate payment of the outstanding balance together with the interest and all amounts owing or claimable by it, irrespective of whether or not such amounts are due at that stage; or 

9.2.2 take repossession of the goods in terms of an attachment order, retain all payments already made in terms hereof by the Customer and to claim as liquidated damages, payment of the difference between the balance outstanding and the market value of the goods, which amount shall be immediately due and payable. 

9.3 If the Company elects to enforce the agreement, a notice will be sent to the Customer which will set out the details of the Customers default, the default should be rectified within 20 business days after receipt of such notice. 

 

10. LEGAL PROCEEDINGS 

 

10.1 The Company shall, at its option and notwithstanding that the amount of its claim or the nature of the relief sought exceeds the jurisdiction of the Magistrate’s Court be entitled to institute action out of such court. 

10.2 A certificate issued and signed by any director or manager of the Company whose authority need not be proved, in respect of any indebtedness of the Customer to the Company or in respect of any other fact, including but without limiting the generality of the aforegoing, the fact that such goods were sold and delivered, shall be prima facie proof of the Customer’s indebtedness to the Company and prima facie proof of delivery of the goods in terms of this contract, unless the Customer disagrees with it and is able to satisfy the court that the amount or particulars in the certificate is incorrect. 

10.3 Any print out of computer evidence tendered by the Company shall be admissible evidence and the Customer shall not be entitled to object to the admissibility of such evidence purely on the grounds that such evidence is computer evidence. 

10.4 The Customer’s address as furnished under physical address on the credit application form shall be recognised as the Customer’s domicilium for all purposes in terms of this contract whether in respect of the serving of any court process, notices that payment of any amount is outstanding or communications of whatever nature. 

10.5 In the event of either party breaching any obligation under this agreement and the aggrieved party deeming it necessary to engage the services of a registered debt collector or attorney to recover any payments which may be due or payable, the infringing party shall be liable for: 

10.5.1 Tracing agent fees (if required); 

10.5.2 Fees, disbursements and expenses to which the debt collector is entitled in terms of the Debt Collectors Act; or 

10.5.3 The attorney’s costs on an attorney and own client scale; 

10.5.4 Collection Commission in the amount of 10% on each instalment paid to the debt collector or paid directly to the aggrieved party following handover of the matter to the debt collector, provided that the collection commission charged shall not exceed the statutorily prescribed maximum amount. 

10.6 The aggrieved party’s attorney or debt collector (as the case may be) shall on receiving a payment from the infringing party, have the right to allocate such payment firstly towards disbursements incurred by the attorney or debt collector, secondly towards fees to which the attorney or debt collector is legally entitled, thirdly towards interest due to the aggrieved party and finally towards the capital amount due to the aggrieved party.

10.7 Any document will be deemed duly received by the Customer within: 

10.7.1 3 (three) working days of pre-paid registered mail to any of the Customer’s business or postal addresses or the domicilium address of the customer, or to the personal address of any director, member or owner of the customer; or; 

10.7.2 24 (twenty four) hours of being emailed to any of the Customer’s email addresses or any director, member or owner’s email address; or 

10.7.3 on being delivered by hand to the Customer or any director, member of the customer; or 

10.7.4 48 (forty eight) hours if sent by overnight courier. 

10.8 The Customer agrees that neither the Company nor any of its employees will be liable for any negligent or innocent misrepresentations made to the customer, nor shall the Customer be entitled to resile from these terms and conditions on those grounds. 

 

11. RETURNED GOODS 

 

11.1 If this agreement was concluded as a result of direct marketing the customer has a right to cancel this agreement within 5 business days after this agreement was concluded / the goods delivered to the customer. The company will refund the customer any and all money paid by the customer within 15 business days, subject to the goods being returned in the original unopened packaging, if not the company will impose a reasonable fee to restore same in a re- sellable condition.

 

11.2 In the event that this agreement was not signed at the Company’s registered business premises, the Customer may cancel this agreement within 5 business days after signing this agreement by delivering the written notice to the Company by hand, email or courier, advising the Company of its decision to terminate this agreement. The Customer will return the goods to the Company or its agent at the registered business premises. The Company will refund any money paid by the Customer within 7 days after receipt of the written notice. The Customer will be liable for the reasonable costs of restoring the goods to a saleable condition, and the reasonable daily rental (calculated at 0.3% of the cash price of the goods) for each day that the Customer had the goods in his possession and the depreciation costs of the goods.

11.3 The Customer may return the goods if : 

11.3.1 the Customer did not have the opportunity to examine the goods and rejects the goods due to type and quality reasonably contemplated in the agreement and does not correspond with the sample and description; and in the event of special-order agreements does not reasonably conform to the material specifications of the special order. The goods must be returned and delivered within seven (7) business days after delivery at the Company’s risk and expense. 

 

11.3.2 the Company delivers a mixture of goods and the Customer refuses delivery of any of the goods due to the Company supplying goods of different description not contemplated in the agreement. The Customer may accept delivery of the goods that are in accordance with the agreement and reject the rest OR reject all of the delivered goods within seven (7) business days from date of delivery. Delivery of goods will be at the Company’s risk and expense. 

11.3.3 the goods supplied are not intended to satisfy a particular purpose, such purpose having been communicated to the Company. The Customer may return the goods within seven (7) business days after delivery. Delivery of goods will be at the Company’s risk and expense. 

11.4 Upon return of the goods mentioned in clause 11.3 the Company will refund the Customer the price paid for the goods, subject to the goods being returned in the original unopened packaging, if not the Company may impose a reasonable fee to restore same in a re-sellable condition. 

 

12. WARRANTIES AND INDEMNITY 

 

12.1 Goods may be guaranteed under the manufacturer’s product specific warranties only, and all other guarantees and warranties including common law guarantees and warranties in relation to goods and services are hereby specifically excluded by the Company. 

12.2 All guarantees are immediately null and void should any equipment be tampered with or should the “seals” on the equipment be broken by anyone other than the Company or its appointed nominee, or should the goods be operated outside the manufacturer’s specifications. 

12.3 To be valid, guarantee claims must be supported by the original tax invoice and the goods must be in their original packaging and must be accompanied by all accessories and manuals must be intact. All items must be returned in “as new” condition. 

12.4 No warranties whether express or implied shall apply, other than those provided in this contract. The Company specifically disclaims the implied warranty of merchantability and fitness for a particular purpose. The Customer should ensure that the goods ordered are reasonably suitable for its intended purpose. No representation or warranty, including but not limited to statements of capacity, suitability for use or performance made by employees of The Company shall be considered to be a warranty by the Company. Any such statements made shall not give rise to any liability or whatsoever nature on the part of The Company, its employees, subcontractors or subsidiaries. The Company will not be liable to the Customer for any loss, damage or expense of any nature, whether direct, special, indirect or consequential, including but not limited to loss or profits arising out of the Company performance or customers’ use of the goods or services rendered. 

12.5 The Customer indemnifies and holds the Company (including its employees, subcontractors or subsidiaries) harmless against all claims of whatsoever nature that may be brought or threatened against the Company by any third party arising from or in connection with any defect, latent or otherwise in any goods supplied and/or services rendered by the Company. 

12.6 The Company warrants that the goods sold are of a good quality, in a good working order and free of any defects and the goods are reasonably suitable for the purposes for which they are generally intended. This warranty will not apply in the instance where the Customer is specifically informed that the goods is sold in a specific form and the Customer accepted the goods in that condition. 

 

13. REPAIRS 

 

13.1 The Company’s liability in terms of a manufacturer’s warranty is restricted to (in the Company or the manufacturer’s discretion) the cost of repair or replacement of faulty goods or services or the granting of credit. 

13.2 The Company will not do any repairs without the Customers written pre-authorization of the costs involved and the work necessary for repairs. 

 

14. GENERAL 

 

14.1 The Company reserves the right in its sole discretion to vary or amend these terms and conditions from time to time and any such amended or varied terms and conditions shall be binding on the Customer from the time that the Customer is notified thereof. 

14.2 This contract represents the entire agreement between the Company and the Customer and shall govern all future contractual relationships between the Company and the customer. 

14.3 No amendment and/or alteration and/or variation and/or deletion and/or addition and/or cancellation of these terms and conditions, whether consensual or unilateral or bilateral shall be of any force and effect unless reduced to writing and signed by a member of the Company and the client / clients’ appointed representative. 

14.4 No relaxation or indulgence with the Company may grant the Customer shall prejudice or be deemed to be a waiver of any of the Company’s rights in terms of these terms and conditions. 

14.5 The Customer shall not cede its rights nor assign its obligations under these terms and conditions. 

14.6 The Company shall at any time in its sole discretion be entitled to cede all or any of its rights in terms of these terms and conditions to any third party without prior notice to the customer. 

14.7 The Customer undertakes to notify the Company within 7 (seven) days of any change of address or change of in director, member or shareholder, or any other information as set out in this contract. 

14.8 Each of the terms herein shall be a separate and divisible terms and if any such term becomes unenforceable for any reason whatsoever, then that term shall be severable and shall not affect the validity of the other terms. 

14.9 The Customer undertakes to inform the Company in writing at least 14 (fourteen) days prior to the intended selling or alienating of the whole of or any part of the Customer business and failure to do so will constitute a material breach of this contract entitling the Company to cancel the contract without further notice to the customer. 

 

15. DISCLOSURE OF PERSONAL INFORMATION 

 

15.1 The Customer understands that the personal information given in this credit application form is to be used by the Company for the purposes of assessing credit worthiness. The Customer confirms that the information given in this credit application form is accurate and complete. The Customer further agrees to update the information supplied as and when necessary in order to ensure the accuracy of the above information failing which the Company will not be liable for inaccuracies. 

15.2 The Company has the Customer’s consent at all times to contact and request information from any persons, credit bureau or businesses including those mentioned in the credit application form and to obtain any information relevant to the Customer’s credit assessment, including but not limited to information regarding the amounts purchased from suppliers per month, length of time Customer has dealt with each supplier, type of goods purchased and manner and time of payment. 

15.3 The Customer agrees and understands that information given in confidence to the Company by a third party on the Customer will not be disclosed to the customer. 

15.4 The Customer hereby consents to and authorises the Company at all times to furnish credit information concerning the Customer’s dealing with the Company to a credit bureau and to any third party seeking a trade reference regarding the Customer in his dealings with the Company.