Terms & Conditions
These terms and conditions are the basis on which the Confi-dent Group of Companies (trading as Confi-dent Clinical), 32nd Street Orange Grove (and other branches country wide) contracts with you (the buyer) for the sale of goods and from its electronic ordering system.
1 Acceptance of Terms & Conditions
1.1 Confi-dent Clinical shall sell and the buyer shall purchase the goods in accordance with any written quotation of Confi-dent Clinical which is accepted by the buyer, or any written order of the buyer which is accepted by Confi-dent Clinical, subject in either case to these conditions, which shall govern the contract to the exclusion of any other terms and conditions subject to which any such quotation is accepted or purported to be accepted, or any such order is made or purported to be made by the buyer.
1.2 No variation to these conditions shall be binding unless agreed in writing between the authorised representatives of the buyer and Confi-dent Clinical.
1.3 Any typographical, clerical, graphical or other error or omission on any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by Confi-dent Clinical shall be subject to correction without any liability on the part of Confi-dent Clinical.
2 Prices and Payment of Goods
2.1 Prices quoted are current at time of publishing and are inclusive of VAT. Confi-dent Clinical reserves the right to amend these published prices at any time at its absolute discretion, including but not limited to correction of clerical errors.
2.2 Payment is due on presentation of the invoice.
2.3 Payment can be made by: - Direct debit into account:
Bank Name: Investec Bank Ltd
Branch Name: Grayston Drive, Sandton
Account Name: Confi-dent Clinical
Acc No.: 1001 1792 830
Branch Code: 58 01 05
2.4 If the buyer fails to make any payment on the due date, then, without prejudice to any other right or remedy available to Confi-dent Clinical, Confi-dent Clinical shall be entitled to: -
2.5 Cancel the contract or suspend any further deliveries to the buyer.
2.5.1 Appropriate any payment made by the buyer to such of the goods (or the goods supplied under any contract between the buyer and Confi-dent Clinical) as Confi-dent Clinical may think fit (notwithstanding any purport appropriation by the buyer); and
2.5.2 Charge the buyer interest (both before and after any judgement) on the amount unpaid, at the rate of 2% per month.
3 Risk and Property
3.1 Risk of damage to or loss shall pass to the buyer at the time of delivery or, if the buyer wrongfully fails to take delivery of the goods, the time when Confi-dent Clinical has tendered delivery of goods.
3.2 Notwithstanding delivery and the passing of risk in the goods, or any other provision of the conditions, property in the goods shall not pass to the buyer until Confi-dent Clinical has received in cash or cleared funds payment in full of all debts due by the buyer to Confi-dent Clinical.
3.3 Until such time as the property in the goods passes to the buyer, the buyer shall hold the goods as Confi-dent Clinical fiduciary agent and shall keep the goods in good and substantial repair condition and separate from those of the buyer and third parties and properly stored, protected and identified as Confi-dent Clinical’s property.
3.4 Each contract for the sale or supply of goods shall be treated as a separate contract.
3.5 Until Confi-dent Clinical receives payment in full of all monies due by the buyer, the buyer shall not have nor shall it allow any party to acquire an interest in the goods or title to them and without prejudice to the generality thereof the buyer shall not pledge, part with possession of, or allow any charge, lien or other encumbrance to affect the goods or the goods to be installed as a fixture of any property.
3.6 In the event of the buyer failing to make payment in accordance with these conditions Confi-dent Clinical shall have the right to retake possession of and permanently retain any goods which are unpaid and to revoke all liability of Confi-dent Clinical to the buyer under any contract relating to such goods. Further, the buyer shall permit Confi-dent Clinical, its employees or agents to enter any premises in which the goods are housed and to remove the goods and shall pay all reasonable costs incurred by Confi-dent Clinical in effecting such entry and removal and the transport of the same to Confi-dent Clinical’s premises.
4 Delivery of Goods
4.1 Confi-dent Clinical shall make every effort to despatch on the same day all orders received before 3.30pm. Delivery is by courier or next day carrier to major cities. Certain outlying regions will not receive next day delivery.
4.2 Shortages and breakages must be reported to Confi-dent Clinical within 3 working days of receipt of the goods. Non delivery of goods must be notified within 5 working days of receipt of an invoice or statement.
4.3 Confi-dent Clinical reserves the right to make a charge for special delivery instructions which incur additional cost, and where deliveries are made direct to the customer by other suppliers and charged to Con.fi-dent Clinical.
4.4 The time of delivery will not be the essence of the agreement. Confi-dent Clinical will not be held liable for any delay in delivery or the consequences of such delay.
4.5 Confi-dent Clinical will make every effort to carry out equipment installation work at times agreed with the buyer but cannot be held responsible for delays or default in installing equipment arising on the part of the buyer or any other reason outside the control of Confi-dent Clinical. In cases of delay or default by the buyer, or their agents, Confi-dent Clinical reserves the right to charge storage charges for the equipment.
4.6 Installation of goods to be financed by lease or lease purchase will not be carried out until an appropriate financing agreement had been entered into and confirmed by Confi-dent Clinical.
4.7 Where the goods are not the subject of a financing agreement, Confi-dent Clinical will require a minimum deposit of 50% of the total contract price for the installation of goods, prior to installation being carried out.
4.8 Prior to installation of the goods, the buyer will be responsible for compliance with current health and safety legislation.
5 Returned Goods.
5.1 Returned goods will be accepted for credit within 7 working days from date of delivery provided they are accompanied by a Returns Advice Note (issued with original invoice).
5.2 Returned goods lost or damaged in transit to Confi-dent Clinical will not be credited. Confi-dent Clinical has no liability in such instances.
5.3 Returned goods will only be accepted for credit or exchange if the goods are in a readily saleable condition, unused and in original packaging.
5.4 Sterile and/or pharmaceutical products will only be accepted for return for the following reasons: - i) to correct an error in delivery or ordering and providing goods are returned within 7 days of receipt. Ii) in response to a product batch recall instigated by the manufacturer iii) products or packages are alleged to be faulty.
5.5 Goods, which require to be stored under temperature-controlled conditions cannot be accepted for return.
5.6 Goods not normally stocked by Confi-dent Clinical which are specially ordered at the request of the buyer cannot be accepted for return.
5.7 Subject to the above conditions Confi-dent Clinical will credit returned goods at an amount equal to that which the buyer paid for the goods.
5.8 Confi-dent Clinical reserves the right to charge a handling charge on returned goods.
6 Limitation of Liability
6.1 In no event shall Confi-dent Clinical's liability in contract, delict, tort (including negligence or breach of statutory duty), misrepresentation or otherwise, arising in connection with the performance or contemplated performance of this contract, exceed the value of the Goods which are the subject of such a claim and, without prejudice to the generality of the foregoing, Confi-dent Clinical shall not be liable for (a) indirect or consequential loss or damage including loss of profits, revenue, opportunity, turnover or expenditure howsoever caused; or (b) any claims howsoever arising in respect of Goods which have been used after leaving Confi-dent Clinical premises. The buyer will determine the suitability of the Goods for their intended use and will not rely on any representations, express or implied, made by or on behalf of Confi-dent Clinical.
6.2 Confi-dent Clinical shall not be liable in respect of any loss or damage caused by delay or failure to perform any part of the contract arising out of any circumstances outside Confi-dent Clinical’s reasonable control (including without limitation, fire, abnormal weather conditions, civil disorder, war, theft, industrial dispute, perils of sea, legislative or executive action, breakdown of machinery, total or partial failure of water, electrical or other power supplies, delay by suppliers, carriers or their sub-contractors or agents or liability to obtain materials or manufacturing services from usual sources, currency or licence regulations, inability to obtain import or export licences).
7 Force Majeure
7.1 Confi-dent Clinical shall not be liable for any delay or other failure to perform any part of the contract as a result of factors outside Confi-dent Clinical’s control.
8 Set Off.
8.1 The buyer shall not be entitled to withhold payment of any sum due to Confi-dent Clinical under this or any other contract in relation to any claim made against Confi-dent Clinical whether under this contract or otherwise. The buyer has no right of set-off or compensation against Confi-dent Clinical in respect of any claim whatsoever.
9 Governing Law
9.1 Any contract entered shall be governed by the law of South Africa and shall be subject to the non-exclusive jurisdictions of the courts of South Africa and to which the buyer, by acceptance of these conditions, agrees to submit.