Conditions of Sales
- Definitions
- Company: Vital Medical Supplies (Pty) Ltd with registration number: 2018/035339/07.
- Customer: Any person or business purchasing from the Company.
- Products: All goods and services supplied by the Company.
- Order: A confirmed request by the Customer to purchase Products.
- Business Day: Any weekday excluding public holidays in South Africa.
- Conditions: These terms and conditions.
- General
- These terms apply to all sales and override any other terms unless agreed in writing.
- Any changes must be agreed to in writing by the Company.
- Written communication includes email.
- Quotations & Orders
- Quotations are valid for 30 days only.
- A quotation is not a binding offer until accepted by the Company.
- The Company may accept, reject, or cancel any order.
- Prices are in South African Rand unless stated otherwise.
- Prices exclude delivery and taxes unless specified.
- Order Processing
- Orders must be paid in full unless the Customer has an approved credit account or finance.
- Orders will not be processed until payment requirements are met.
- Uncollected orders may be cancelled, with a handling fee applied.
- Pricing & Payment
- Prices may change due to factors beyond the Company’s control (e.g., exchange rates, supplier costs).
- Payment is due within 30 days for approved accounts.
- Late payments may result in interest, suspension, or cancellation of orders.
- Payment methods include card, EFT, cash, or approved credit accounts.
- Deposits
- A deposit (typically 70%) may be required for certain orders.
- Orders will not proceed until the deposit is received.
- Cancellation & Termination
- The Company may cancel a contract with notice or immediately in certain cases (e.g., non-payment).
- Customers may cancel orders only with written approval and may be charged cancellation fees.
- Delivery
- Every effort will be made to adhere to delivery dates, but the Delivery dates are estimates and not guaranteed.
- The Company is not liable for delays beyond its control.
- Delivery costs and risks may be the Customer’s responsibility.
- Collection
- Products must be inspected on collection.
- Signing for goods confirms they are received in good condition.
- Claims for shortages or damage must be made immediately.
- Returns & Refunds
- Returns must be requested in writing and approved by the Company.
- A 15% handling fee may apply to returns.
- No cash refunds — only credits or exchanges.
- Returns are only accepted for defective products reported within 7 days.
- No returns on consumables, custom items, or imports unless defective.
- Ownership & Risk
- Risk passes to the Customer on delivery or collection.
- Ownership remains with the Company until full payment is received.
- Warranty & Liability
- The Customer must ensure Products are suitable for their needs.
- Defects must be reported within 24 hours of delivery.
- The Company may repair, replace, or refund defective products.
- The Company is not responsible for misuse, wear and tear, or improper use.
- Limitation of Liability
- The Company is not liable for indirect or consequential losses.
- Liability is limited to the value of the Products supplied.
- Nothing excludes liability where it is unlawful to do so.
- Intellectual Property
- The Company retains all rights to its designs, products, and materials.
- Customers must ensure they do not infringe third-party rights.
- Force Majeure
- Neither party is liable for delays caused by events beyond their control.
- Changes to Orders
- Any changes must be agreed to in writing.
- Additional costs may apply.
- Assignment
- The Company may transfer its rights.
- The Customer may not do so without written consent.
- Entire Agreement
- This document is the full agreement between the parties.
- Waiver
- Not enforcing a right does not mean it is waived.
- Severability
- If part of these terms is invalid, the rest still applies.
- Notices
- Notices must be in writing and may be sent by email or delivery
- Governing Law
- These terms are governed by the laws of South Africa.
- Disputes will be handled by South African courts.
