General Conditions of Sale
1. Scope
These general conditions of sale shall apply to all sales of products, consulting and services entered into with Lebone Medical Supplies (Pty) Ltd t/a Amtronix Diagnostics (hereinafter referred to as “Amtronix Diagnostics”). These general conditions are expressly agreed and accepted by the Buyer which hereby warrants and represents that it has full knowledge of such conditions.
Consequently, the placing of an order implies the full and unconditional acceptance by the Buyer of these general conditions of sale which represent all the provisions which apply to the sales made by Amtronix Diagnostics, notwithstanding any other documents provided by the seller, such as catalogues which may only have an indicative value.
2. Purchase Orders
Except where provided or otherwise, quotes issued by Amtronix Diagnostics are solely valid for 30 days from the date of issue. Amtronix Diagnostics reserves the right to refuse an order in the event of non-compliance of the order with Amtronix Diagnostics conditions of sale. Any change made to an order already received by Amtronix Diagnostics is subject to prior approval by Amtronix Diagnostiocs, which reserves the right to accept or refuse such change.
Any equipment specially ordered will be subject to a handling fee (between 10% to 30%) of the value of the order, should the purchase order be cancelled.
3. Alteration of Goods
Amtronix Diagnostics reserves the right to make any alteration to its goods at any time that it deems necessary, without the obligation to alter the goods already delivered or ordered. Amtronix Diagnostics further reserves the right to alter, without prior notice, the models appearing in the catalogues.
4. Deliveries of Orders
4.1 Conditions
Goods shall be delivered either by direct handing over of the goods to the Buyer, by simple availability notice, or by the delivery to a consignor or carrier on Amtronix Diagnostics premises.
4.2 Lead Times
The deliveries are operated according to the availability of the products and in the order of arrival of orders. Amtronix Diagnostics may request partial deliveries after consultation with the buyer. The delivery dates are indicated as accurately as possible and depend on supply and production variables. Under no circumstances shall late delivery entitle the Buyer to cancel the contract or to claim damages or deductions. However, if 12 weeks after the indicative date of delivery the product has not been delivered for any reason whatsoever, unless in case of force majeure (an Act of God), the sale can be terminated at the request of one of the contracting parties, to the exclusion of any other compensation or damages.
In any case, goods can only be delivered if the Buyer has fully complied with all its obligations to Amtronix Diagnostics.
4.3 Transport – Transfer of Risk – Products – New Products
All goods are shipped on the basis of shipping and packing costs at the Buyer’s expense, except where provided for otherwise under special terms. The said costs are invoiced Ex- Pretoria based on the cost schedules applicable on the date of delivery.
The person receiving the merchandise has the responsibility of checking the condition of the goods upon arrival, and, in the event of damage or shortages shall make all the necessary verifications and notify the carrier within two (2) days of delivery by confirmation of receipt with a copy to Amtronix Diagnostics within the same period. In the event of failure to do so, no claim may be made against Amtronix Diagnostics, the forwarding agent or the carrier for losses or damage sustained by the goods.
Amtronix Diagnostics cannot be held liable for any damage caused to property whilst delivering equipment or booths. Should booth deliveries require special rigging or labour, these costs will be for the account of the client.
4.4 Transfer of Risks – Return of Goods
Deliveries are carried out on the Amtronix Diagnostics premises, in Pretoria. All goods are shipped on the basis of shipping and packing costs at the Buyer’s expense, except where provided for otherwise under special terms. The said costs are invoiced EX-Pretoria based on the cost schedules applicable on the date of delivery. It is the Buyer’s responsibility to take out any insurance covering the risk of loss or deterioration to the products, who, in the case of damage or shortages, shall make all the necessary verifications and express its reserves with the carrier within two (2) days of delivery by certified letter with confirmation of receipt with a copy to Amtronix Diagnostics within the same period. In the event of failure to do so, no claim may be made against Amtronix Diagnostics, the forwarding agent or the carrier for losses or damage sustained by the goods.
4.5 Reception
In addition to the arrangements made with the carrier, all claims relating to a visible defect or the nonconformity of the goods delivered must be formulated in writing sent by recorded delivery within TWO (2) days of receipt of goods. No claims can be made against Amtronix Diagnostics for loss or damage of the merchandise if precautions against deterioration upon receipt of the goods have not been formulated with the carrier and if this consent has not been sent to the carrier and to Amtronix within the above-mentioned deadline.
5. Warrantee
All devices carry a minimum warrantee of one year, unless otherwise stated – the warrantee covers any material or manufacturing defect for one (1) year from the date of delivery of the device. Warranty claims do not extend the warranty term. The following list of consumables do not fall under this warrantee (non-exhaustive list): Headphone cables, patient response buttons, interconnecting cables, probes, eartips, transportation elements and rolls of thermal paper.
The sole obligation binding Amtronix Diagnostics shall be the replacement or repair free of charge of the product or of the part recognised as defective by Amtronix Diagnostics during the warrantee period. To benefit from the warrantee, the product shall be submitted on a prior basis to the Amtronix Diagnostics after sales service department, whose agreement is required for any returns. For such purpose, the Buyer must send a written request to the Amtronix Diagnostics after sales service department, indicating the serial number of the device and an accurate as possible description of the nature of the problem. No returns are accepted without the prior agreement of Amtronix Diagnostics. The defective product must be returned in its original packaging and include the entire product and its accessories. Any shipping, insurance and transport costs are assumed by the Buyer, which cannot make any claim whatsoever for product immobilisation resulting from guarantee-related services.
The Buyer will accept responsibility for any damage resulting from poor packaging when goods are re-shipped.
This guarantee does not cover patent defects. The following defects and deteriorations are also excluded when caused:
– any normal wear and tear of mechanical parts;
– by negligence, faulty maintenance or abnormal use of the product, even if momentary, or non-conform use for which it is intended.
– whenever modifications or outside service has been made on the equipment.
6. Prices – Payment
Products are sold at the prices in effect at the time orders are placed. Prices are given ex-works, net of taxes. Any duties, taxes, rights or other services to be paid applying to the laws and regulations in force in South Africa or in the importer’s country or of transit are at the Buyer’s expense. Invoices are to be paid on the delivery date. No discount shall be granted for cash payment.
In the event of non-payment, even partial, on the due date, the seller can suspend all deliveries and demand the immediate payment of all remaining sums due by the seller to the Buyer. Any summons for payment issued by the seller to the Buyer, which remains unpaid after a period of 48 hours will cause the lawful termination of the sale contract, should the seller desire so, without prejudice of all the other damages it could claim. Cheque payments, RD cheques and cash payments that attract a banking fee will be charged back to the Buyers account.
7. Late Charges
Late charges shall be due on any delay of payment, without prior summons, at a monthly rate equal to the maximum interest rate prescribed by the National Credit Act No. 34 of 2005 from time to time. Further, in the event of failure of payment, any amounts due recovered by forced collection will be increased by a fixed penalty fee, in addition to late payment fees, of 15% of the amount due.
8. Title of Ownership
Products are sold and are expressly subjecting the transfer of ownership thereof to full payment of the principal price and ancillary charges.
The simple issuance of a financial instrument creating an obligation to pay, including drafts, does not constitute a payment under this clause and Amtronix Diagnostics original claim over the Buyer subsists with all of the guarantees attached thereto, including retention of ownership, until the said financial instrument has actually been paid. The above provisions do not prevent the transfer of the risks of damage or loss to the Buyer upon delivery of the products subject to the ownership reservation, as well as any damage which they may cause.
The Buyer shall take out comprehensive insurance (fire, theft, water damage) covering risks that may occur as from the time of delivery. In the event of attachment or any other action taken by a third party involving the products, the Buyer shall immediately inform Amtronix Diagnostics in order to enable Amtronix Diagnostics to contest the action and maintain its rights.
The Buyer shall further refrain from pledging or assigning ownership of the products as a guarantee. It is expressly agreed that in the event of failure to remit any payment instalments whatsoever, the full price will be immediately due and may result in products being immediately reclaimed.
9. After Sales Service
In the event of breakdowns, whether during or after the guarantee period, Amtronix Diagnostics will endeavour to take any action necessary to service such breakdowns in a reasonable time period. However, under no circumstances may Amtronix Diagnostics be held liable for any delay whatsoever nor assume any costs or consequences whatsoever in connection with the length of immobilisation of the equipment within its departments.
10. Software
When software is purchased, it is the client’s responsibility to ensure that the correct information has been communicated to Amtronix Diagnostics. After sales support is limited to 30 days after the initial sale and only includes telephonic and remote support. Call-outs after the initial sale will be charged accordingly.
11. CoVid-19 Disclaimer
Whilst every precaution is taken by Amtronix Diagnostics management and its staff, Amtronix Diagnostics cannot be held liable for any travel or related cost (labour, accommodation, subsistence, etc) should a technician test positive for CoVid-19 either pre or post international travel. Amtronix Diagnostics will assist with additional trip planning and rescheduling and will quote accordingly.
12. Applicable Law – Disputes
All clauses present in these general sales conditions, as well as all buying and selling operations are governed under South African law. In the event of dispute relating to such conditions or sales, it shall be referred to the Commercial Court of South Africa.
13. Customer Acting as a Wholesaler or Distributor of Medical Devices
Should a customer act as either a wholesaler or distributor of medical device/products, the customer is required to provide Amtronix Diagnostics with official license documentation, as provided by the South African Health Products Regulatory Authority (SAHPRA), before Amtronix Dianostics may accept any order.
Terms & Conditions
- The Customer understands and accepts that it has the primary responsibility of giving clear and unequivocal instructions and specifications in writing to the Company before any order can be placed. This is to avoid discrepancies.
- The quotation is to be accepted only by the reading of such Quotation, including these Terms and Conditions and followed by signature at the end indicating that the said Terms and Conditions have been read and understood and the Quotation is acceptable.
- Once the goods have been delivered, such goods shall remain the absolute property of the Company until the full invoice price/value has been paid to the Company in a manner specified by the said Company.
- The Customer shall have an opportunity to examine the goods, and raise any immediate objections during examination. Notwithstanding the opportunity to examine the goods, the Customer shall be entitled within two (2) business days to report to the Company any defects on the goods to the company. Such report of defects shall only be in a written from.
