Objective
This policy document covers the following sales processes:
- Quotations
- Cash Sales
- Credit Sales (sales on account)
- Changes to Committed Sales
- Customer Returns
- Customer Refunds
THE TERMS AND CONDITIONS CONTAINED IN THIS CENTRAL MEDICAL PROPRIETARY LIMITED (“THE COMPANY”) CUSTOMER ENGAGEMENT POLICY, TOGETHER WITH THE CENTRAL MEDICAL WARRANTY POLICY, THE CENTRAL MEDICAL INVOICE (OR OTHER BILLING DOCUMENT), AND ANY APPLICABLE RIDER (COLLECTIVELY, THIS “AGREEMENT”) CONSTITUTE THE TERMS OF SALE FOR ALL SALES OF PRODUCTS (“PRODUCTS”) AND SERVICES BY THE COMPANY AND THE ENTITIES THAT ARE PART OF THE CENTRAL MEDICAL GROUP (COLLECTIVELY “CENTROMED”) TO A CUSTOMER THAT PURCHASES PRODUCTS DIRECTLY FROM CENTROMED (HEREINAFTER “CUSTOMER”), UNLESS SUCH CENTROMED GROUP ENTITY SPECIFIES OTHERWISE IN WRITING. THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT AND UNDERSTANDING BETWEEN CENTROMED AND CUSTOMER WITH RESPECT TO ALL MATTERS WHICH ARE REFERRED TO THEREIN AND SUPERSEDES ANY PREVIOUS AGREEMENT(S) BETWEEN THE PARTIES. CUSTOMER AGREES THAT ALL OTHER TERMS AND CONDITIONS (INCLUDING BUT NOT LIMITED TO ANY TERMS AND CONDITIONS OF ANY PURCHASE ORDER OR OTHER DOCUMENT ISSUED BY CUSTOMER IN CONNECTION WITH AN ORDER OR PURCHASE) ARE EXPRESSLY EXCLUDED AND REJECTED BY CENTROMED, AND ARE OF NO FORCE OR EFFECT UNLESS OTHERWISE EXPRESSLY AGREED IN WRITING BY CENTROMED AND CUSTOMER. CENTROMED SHALL NOT BE BOUND BY ANY TERMS ADDITIONAL TO OR DIFFERENT FROM THESE TERMS AND CONDITIONS, INCLUDING ANY PREPRINTED TERMS THAT MAY APPEAR OR BE REFERENCED IN ANY OR ACKNOWLEDGED BY SHIPMENT OR OTHERWISE SUCH PURCHASE ORDER OR COMMUNICATION, OR PROVIDE OR DELIVER PRODUCTS OR SERVICES FOLLOWING RECEIPT OF SUCH PURCHASE ORDER COMMUNICATION. ALL CENTROMED PRO-FORMA INVOICES AND/OR QUOTATIONS SHALL BE DEEMED TO INCORPORATE THESE STANDARD TERMS AND CONDITIONS. ANY ADDITIONAL OR DIFFERENT TERMS AND CONDITIONS PROVIDED BY A CUSTOMER SHALL BE DEEMED OBJECTED TO BY CENTROMED WITHOUT FURTHER NOTICE OF OBJECTION AND SHALL BE OF NO EFFECT NOR, UNDER ANY CIRCUMSTANCES, BE BINDING UPON CENTROMED.
CENTROMED’S OFFER TO MAKE SALES TO CUSTOMER AND CENTROMED’S ACCEPTANCE OF CUSTOMER’S OFFER TO MAKE PURCHASES FROM CENTROMED ARE EXPRESSLY CONDITIONAL ON CUSTOMER’S AGREEMENT TO THE “GENERAL TERMS” APPEARING BELOW. THE SAME CONDITIONS SHALL APPLY TO CUSTOMER WHO ENGAGES IN THE RESALE OR ANY OTHER FORM OF REDISTRIBUTION OF ITEMS PURCHASED FROM CENTROMED. CENTROMED RESERVES THE RIGHT TO AMEND ITS SALES POLICY AND THE CENTROMED GENERAL WARRANTY POLICY FROM TIME TO TIME. ANY SUCH AMENDMENT WILL BE REGARDED AS APPROVED UPON RECEIPT OF WRITTEN NOTICE (INCLUDING PRINTABLE EMAIL) TO CUSTOMER, UNLESS CUSTOMER SENDS AN OBJECTION IN WRITING (INCLUDING EMAIL) WITHIN SIX WEEKS AFTER RECEIPT OF SUCH NOTICE. CENTROMED WILL ADVISE CUSTOMER IN THE NOTICE REGARDING SUCH EFFECTS. ANY SUCH AMENDMENT WILL TAKE EFFECT ONCE SUCH AMENDED TERMS ARE REGARDED AS APPROVED AS SET FORTH ABOVE AND SHALL THEREAFTER APPLY TO ALL ORDERS RECEIVED FROM CUSTOMER. BY PLACING ORDERS WITH CENTROMED, CUSTOMER AGREES THAT THIS AGREEMENT FORMS THE ENTIRE AGREEMENT THAT GOVERNS EACH ORDER SUBMITTED BY CUSTOMER TO CENTROMED. IF ANY DOCUMENTS THAT FORM THIS AGREEMENT CONFLICT, THE PRIORITY OF TERMS SHALL SHALL BE AS FOLLOWS IN DESCENDING ORDER: GENERAL WARRANTY POLICY, CUSTOMER ENGAGEMENT POLICY, ANY APPLICABLE RIDER .
Scope
The Sales Policy is an official directive of the Chief Executive Officer. It is published and maintained by the Sales and Marketing Executive as part of the general responsibility for Company Sales’ policy assigned to the Sales and Marketing department.
The policies stated in this manual apply to all operations and activities at Our Company.
Limitation of Liability
Neither the Company, nor any of our subsidiaries, divisions, affiliates, agents, representatives or licencors shall be liable to the Customer, or anyone else for any loss or injury or any direct, indirect, incidental, consequential, special, punitive or similar damages arising out of your access or use of, or your inability to access or use, the Website, the Products, or any materials, opinions or recommendations of third parties through communications with the Company.
This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if we have been advised of the possibility of such damage. In jurisdiction that does not allow the exclusion or limitation of incidental or consequential damages, our liability in such jurisdiction shall be limited to the extent permitted by law.
You hereby indemnify The Company against any loss, claim or damage which may be suffered by yourself or any third party arising in any way from your use of this website and/or any linked Third-Party website and/or communications with the Company.
Changes to these Terms and Conditions
The Company may, in its sole discretion, change any of these Terms and Conditions at any time.
It is your responsibility to regularly check these Terms and Conditions and make sure that you are satisfied with the changes. Should you not be satisfied, you must not use the Website or continue engagement with the Company.
Any such change will only apply to your use of this Website or dealings with the Company (including its staff) after the change is displayed on the Website. If you use the Website or deal with the Company after such amended Terms and Conditions have been displayed on the Website, you will be deemed to have accepted such changes.
Governing law and jurisdiction
These Terms and Conditions and our relationship and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa.
General
The Company may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the Website or the user’s right to use the Website or any of its contents subject to us processing any orders then already made by you.
You may not cede, assign or otherwise transfer your rights and obligations in terms of these Sales Terms and Conditions to any third party.
Any failure on the part of you or the Company to enforce any right in terms hereof shall not constitute a waiver of that right.
If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
No variation, addition, deletion, or agreed cancellation of the Sales Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.
No indulgence, extension of time, relaxation or latitude which any party (the “grantor”) may show grant or allow to the other (the “grantee”) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.
These Sales Terms and Conditions contain the whole agreement between you and The Company, and no other warranty or undertaking is valid, unless contained in this document between the parties.
General Considerations
Minimum Order Amount
Customers should request the minimum sales order for each type of product with the sales consultant. Each product has its own predetermined minimum sales order quantity. Any pricing provided may be subject to a minimum order amount and should be clarified with the sales representative of the Company.
Prices
All prices shown are recommended retail prices and are subject to change without notice. Prices are denominated in South African Rands (ZAR). Prices for Goods and Services provided may not include shipping, any applicable taxes (ex-VAT) or customs charges unless otherwise stated.
Medium of Information and the attached responsibilities
All prices and delivery estimates should be provided to customers via pro-forma invoices and/or quotations through email communication.
Quotations remain valid for seven days after issuance. Pro-forma invoices remain valid for three business days after issuance.
The Company is under no obligation to reserve inventory upon the issuance of the pro-forma invoice or quotations. The reservation of inventory is confirmed once the Company has received the funds (for cash sales) or when the Company receives a valid Purchase Order (for account sales).
The clearing of funds into the Company’s nominated Bank Account will be confirmed upon the placement of your order. Depending on the interbank transfer dates, this process may take up to 48 hours, or 2 (two) working days.
Prices may be subject to change without notice unless the customer has committed to a firm order.
Definitions
Cash Sales: Sales completed using Cash Tender or through Electronic Funds Transfer (EFT), no other payment methods are accepted.
Account Sales: Credit Sales made to account customers who have sufficient account balances for the order being made.
Firm order: Orders with issued Pro-Forma invoices (please refer to Section 2.2 for the period of validity for the Pro-Forma invoice) or Account sales with approved Purchase Orders.
Ownership
Irrespective of the type of transaction, The Company retains ownership of the Goods and Services until the order is fully paid for.
Ordering
Customers are to place orders via any of the following channels:
- Telephone
With any of the Company’s branches (Please refer to the list of the Company’s branches in the Contact Us Page).
The Company reserves the right to reject orders. Acceptance of an order is dependent on the availability of products, the correctness of the information relating to the products (including without limitation, the Price) and receipt of payment.
The suitability of the goods and services supplied by the Company to the Customer’s needs is not guaranteed. The responsibility to determine the suitability thereof rests on the Customer.
Order Information
The Company will provide the Customer with the necessary information regarding the goods and services supplied and no promotions on behalf of the Customer will be done by the Company.
Central Medical reserves the right to reject information requests should the Company determines that the information being requested is not legally required and are trade secret in nature.
Information (Description and Prices) regarding the Goods and Services being provided will be confirmed with the Customer through the issuance of the Pro-Forma Invoice. The Company will ensure that the information provided to the Customer is accurate and relevant for the period for which the Pro-forma is issued. For Pricing considerations and the Period of validity of the Pro-forma invoice, please refer to the Prices Section above.
Per Price Section, the Order is only committed and inventory will be set aside for the Customer when the Company receives a proof of payment (for cash sales) or when the Company receives a valid Purchase Order (for account sales).
Delivery costs, VAT and Cash Handling Charges will be included on the Pro-Forma invoice. VAT will be quoted at all times, including Pro-forma issuances for sales made to non-South African resident customers.
Errors
The Company shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Products
However, should there be any errors of whatsoever nature, which are not due to our gross negligence, we shall not be liable for any loss, claim or expense relating to a transaction based on any error, save – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid, or otherwise as set out in the Returns Policy.
The Company shall not be bound by any incorrect information regarding our products displayed on any third-party websites, nor shall the Company be bound by outdated information retained by the Customer. It is the responsibility of the Customer to confirm the information with the Company’s Sales staff.
In instances where good/s and/or service/s have been oversupplied, the Company will collect the oversupplied good/s and/or service/s at its own cost, unless alternative arrangements are made with the Customer. The Customer does not have ownership of any good/s and/or service/s not paid for. Should the oversupplied good/s and/or service/s be damaged whilst in the custody of the Customer, the good/s and/or service/s will be considered to have been provided to the Customer and the value thereof will be debited to the Customer’s account.
In instances where good/s and/or service/s have been undersupplied, unless the Customer has been notified in advance by the Company for the undersupply, the Company will provide the Customer with the shortfall within a notified period at a cost to the Company.
Finalisation of Sales
A sale transaction is deemed to be complete when:
Cash Customers: Payment has been received and good/s and/or service/s have been received by the Customer through signing of the Invoice/Delivery Note as the acknowledgement of receipt.
Account Customers: Customers accepting the good/s and/or service/s through signing the Invoice/Delivery Note as acknowledgement of receipt.
Cancellations
Once an order has been confirmed, the Company may, in its sole discretion, refuse to accept the cancellation of an order.
The acceptance of a cancellation request from a Customer may, at the sole discretion of the Company, be subject to a cancellation fee of 10% (ten percent) of the order value, which the Company will offset against the credit refund.
The Company reserves the right to cancel orders due to the unavailability of products. In this event the Company will not levy any cancellation fees.
Returns
The Company agrees to Returns for Credit and Exchanges, provided that the terms and conditions below are adhered to.
The Company reserves the right to cancel an order or not to accept any order, if there is not an agreement between The Company and the Customer to the terms and conditions as stated below and above. If you do not agree with the Terms and Conditions of Sale, please do not proceed with the order.
By confirming your order and by making an upfront payment or, the Customer specifically confirms to have read and understood the Terms and Conditions as set out in this document and agrees to them.
The Company will charge a 10% handling fee for completed orders that have been approved for return, unless the following conditions have been met:
- There is a clear manufacturing fault or defect with the product purchased;
- The proof of purchase can be presented
- The defect/fault is reported within 5 working days from the date of purchase;
- The goods have been returned to any one of the Company’s premises (Refer to the the Contact Us Page for a list of our branches);
- The product is:
- In its original condition, and in or with its original packaging;
- Undamaged and unused, with the original labels and stickers still attached;
- Is not missing any accessories or parts;
In Reporting the fault/defect, please contact the Central Medical branch from which the order was placed either telephonically or through email (please refer to the Contact Us Page for the up-to-date contact details). Ensure that pictures or proof of manufacturing fault is supplied in your communications.
Upon receipt of the notice of defect and the receipt of the goods by the Company, please allow 2 – 3 business days for processing. The Company will provide the Customer information on the reasons for rejection if the request is denied.
For approved returns which is not due to a manufacturing fault or defect, the Customer is liable for the following costs:
- The cost of returning the goods includes the delivery costs incurred to deliver the goods to the specified destination.
- Cost of additional packaging required.
- A 10% handling fee on the total invoice amount.
The costs will be deducted from the credits due to the customer.
Orders that require the movement of stock prior to final delivery or collection (such as moving stock between branches or to a third party facility) will be considered as a completed order such that any cancellation during or after the movement of stock is treated as a return by the Customer.
Refund Procedure
For local South Africa, R50 (Vat inclusive) service charge will be levied on the cash refund transaction due to banking and administrative charges. This service charge will only be waived if such a refund is requested due to an error by the Company.
For payments to areas outside of South Africa, a basic R50 (Vat inclusive) service charge will be levied on the cash refund transaction plus any additional international banking transactions and administrative charges. This will be communicated and confirmed before processing occurs. This basic service charge will only be waived if such a refund is requested due to an error by the Company, however, international banking charges may still be deducted by the Company.
No credit or cashback will be available
No Credit or Cash Refund will be available on delivery costs or courier costs, either of the original purchase and delivery or the return.
Return of products will be at the cost of the Customer.
Exports: No refunds are available on exports.
Changes to Orders
No changes to the order will be entertained upon completion of the order/sale (Completion of the order/sale is defined in the Finalisation of Sales Section). For returns, please refer to policies defined in Section 5. Increases in the order quantity will be considered as new orders.
Amendments to orders not yet finalised.
Provided that the Pro-forma invoice is still valid (please refer to the Prices Section for Pro-Forma period of validity), the customer may request amendments to the Pro-forma invoice without additional charges being levied. This is subject to the discretion of the Company and reasons for rejection will be provided to the Customer.
Promotional Campaigns
The Terms and Conditions stipulated in this document do not cover Goods or Services purchased through Promotional Campaigns.