Conditions
of Sales
1. Definitions
1.1. Company: Vital
Medical Supplies (Pty) Ltd with registration number: 2018/035339/07.
1.2. Customer: Any
person or business purchasing from the Company.
1.3. Products: All
goods and services supplied by the Company.
1.4. Order: A
confirmed request by the Customer to purchase Products.
1.5. Business
Day:
Any weekday excluding public holidays in South Africa.
1.6. Conditions: These
terms and conditions.
2. General
2.1. These
terms apply to all sales and override any other terms unless agreed in writing.
2.2. Any
changes must be agreed to in writing by the Company.
2.3. Written
communication includes email.
3. Quotations
& Orders
3.1. Quotations
are valid for 30 days only.
3.2. A
quotation is not a binding offer until accepted by the Company.
3.3. The
Company may accept, reject, or cancel any order.
3.4. Prices
are in South African Rand unless stated otherwise.
3.5. Prices
exclude delivery and taxes unless specified.
4. Order
Processing
4.1. Orders
must be paid in full unless the Customer has an approved credit account or
finance.
4.2. Orders
will not be processed until payment requirements are met.
4.3. Uncollected
orders may be cancelled, with a handling fee applied.
5. Pricing
& Payment
5.1. Prices
may change due to factors beyond the Company’s control (e.g., exchange rates,
supplier costs).
5.2. Payment
is due within 30 days for approved accounts.
5.3. Late
payments may result in interest, suspension, or cancellation of orders.
5.4. Payment
methods include card, EFT, cash, or approved credit accounts.
6. Deposits
6.1. A
deposit (typically 70%) may be required for certain orders.
6.2. Orders
will not proceed until the deposit is received.
7. Cancellation
& Termination
7.1. The
Company may cancel a contract with notice or immediately in certain cases
(e.g., non-payment).
7.2. Customers
may cancel orders only with written approval and may be charged cancellation
fees.
8. Delivery
8.1. Every
effort will be made to adhere to delivery dates, but the Delivery dates are
estimates and not guaranteed.
8.2. The
Company is not liable for delays beyond its control.
8.3. Delivery
costs and risks may be the Customer’s responsibility.
9. Collection
9.1. Products
must be inspected on collection.
9.2. Signing
for goods confirms they are received in good condition.
9.3. Claims
for shortages or damage must be made immediately.
10. Returns
& Refunds
10.1. Returns
must be requested in writing and approved by the Company.
10.2. A 15%
handling fee may apply to returns.
10.3. No cash
refunds — only credits or exchanges.
10.4. Returns
are only accepted for defective products reported within 7 days.
10.5. No
returns on consumables, custom items, or imports unless defective.
11. Ownership
& Risk
11.1. Risk
passes to the Customer on delivery or collection.
11.2. Ownership
remains with the Company until full payment is received.
12. Warranty
& Liability
12.1. The
Customer must ensure Products are suitable for their needs.
12.2. Defects
must be reported within 24 hours of delivery.
12.3. The
Company may repair, replace, or refund defective products.
12.4. The
Company is not responsible for misuse, wear and tear, or improper use.
13. Limitation
of Liability
13.1. The
Company is not liable for indirect or consequential losses.
13.2. Liability
is limited to the value of the Products supplied.
13.3. Nothing
excludes liability where it is unlawful to do so.
14. Intellectual
Property
14.1. The
Company retains all rights to its designs, products, and materials.
14.2. Customers
must ensure they do not infringe third-party rights.
15. Force
Majeure
15.1. Neither
party is liable for delays caused by events beyond their control.
16. Changes
to Orders
16.1. Any
changes must be agreed to in writing.
16.2. Additional
costs may apply.
17. Assignment
17.1. The
Company may transfer its rights.
17.2. The
Customer may not do so without written consent.
18. Entire
Agreement
18.1. This
document is the full agreement between the parties.
19. Waiver
19.1. Not enforcing
a right does not mean it is waived.
20. Severability
20.1. If part
of these terms is invalid, the rest still applies.
21. Notices
21.1. Notices
must be in writing and may be sent by email or delivery
22. Governing
Law
22.1. These
terms are governed by the laws of South Africa.
22.2. Disputes
will be handled by South African courts.