PHARMALINE PRODUCTS CC HOME AND HEALTHCARE SPECIALISTS P O BOX 1198 HOUGHTON 2041 JOHANNESBURG SOUTH AFRICA 16 INDIANAPOLIS BOULEVARD RACEWAY INDUSTRIAL PARK, GOSFORTH PARK GERMISTON 1401 Tel 074 166 8869 Tel: SA Only 0861 60 60 Fax 086 528 2971 www.pharmaline.co.za email: [email protected] TERMS & CONDITIONS RELATING TO THE PURCHASE OF TEMPUR PRODUCTS These terms and conditions apply upon you (‘the buyer’) signing this contract for the purchase of the goods listed on the invoice from Pharmaline (‘the seller’) 1. Nothing in this agreement will confer any third party benefit or right to enforce any terms of this agreement, except when expressly agree between parties. If the buyer intends to pass the goods onto someone else as a gift or otherwise, the buyer must note the name and address of the person on the invoice, to enable that person to have the benefits or right to enforce any terms on this contract 2. 3. The buyer agrees to the price of the goods and additional charges for delivery as set out overleaf and the buyer agrees to pay that price 4. The goods are only recommended for approved uses as stated on the instruction manual. No employee or agent of the seller is authorized to recommend non-approved uses and the buyer should not rely on any such recommendations. The seller will not be held responsible for any such recommendations made by any agent or employee of the seller 5. If the buyer intends to purchase goods for a use not approved by the manufacturer in the user manual, he/she must use his own skill and judgement, or that of an independent advisor in deciding whether they are suitable. 6. The seller will endeavor to deliver within 8 days, but the delivery time is approximate and the seller is not liable for delays caused by circumstances beyond its reasonable control: examples include strikes, terrorist acts, war, supplier/ transport/ production problems and natural disasters. 7. 8. 9. 10. 11. 12. The seller cannot be held responsible for any loss or damage/ injuries arising from the purchase of this product. The buyer acknowledges he is aware that the sales personnel and agents of the seller are not members of the medical profession, medical person or physiotherapists and it is not guaranteed that the goods sold will cure or alleviate any illness or ailment or be appropriate treatment for it Should purchases be cancelled prior to delivery, any deposit paid to the seller is non-refundable The place of delivery is stated on the delivery instructions on the invoice, title to the goods and risk of loss passes on delivery No refunds will be issued under any circumstances. A call out/ collection charge of R350 is applicable The seller provides a guarantee to the buyer that the goods will be free from defects for 12 months from delivery, excluding Tempur products (See point 17 for details). This does not affect the buyer’s statutory rights. Should the goods be defective within this period the seller will repair or replace the goods within a reasonable time, subject to the following conditions: 13.1 Such repairs or replacement will only be affected in respect of manufactory defects and/ or defective materials 13.2 The guarantee concerned is registered at the head office of the seller. It is the buyer’s responsibility to ensure that the guarantee is signed and returned to the seller either by handing is to a representative of the seller at the point of sale or by sending it by post to the address of the seller overleaf. 13.3 The seller will be responsible for the cost of delivering the repaired replacement product back to the buyer. 14 Should the seller choose not to enforce its rights in terms of this agreement, this shall in no way be deemed to be a waiver by the seller of his rights under the agreement 15 The contract between the buyer and the seller is governed by the laws of South Africa and any dispute between the parties will be resolved exclusively by the courts of South Africa 16 This contract comprises the whole agreement between the parties . No variation of or cancellation or addition or deletion or waiver of or to this agreement shall be valid unless put in writing and signed by both parties 17 Repairs or exchanges of the product or this period do not alter or extend the guarantee. 18 Tempur guarantee is subject to registering your product on the tempur.com website Co Reg: 1999/047649/23 VAT: 4430186884
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