Terms & Conditions
Detailed description of goods and/or services
Sani-Med is a business in the sanitisation industry that supplies sanitisation products and services.
Buyer expressly agrees that Sani-Med’s Invoice and these Terms and Conditions of Sale represent the complete agreement of the parties with respect to the sale of the product(s) listed on the Invoice and no different or additional terms or conditions in the Buyer’s purchase order or in any other prior or subsequent communications in any way adding to, modifying or otherwise changing these Terms and Conditions of Sale shall be binding upon Sani-Med.
acceptance of orders
Sani-Med may accept the Buyer’s offer to purchase and shall be bound to supply the applicable Goods in accordance with these terms and conditions either by execution of the acknowledgment copy of the order, or acceptable electronic transmission, delivery of the Goods to CAI or by any other statement, act or course of conduct which constitutes acceptance under applicable law.
Unless otherwise indicated on the face of the invoice, all prices are quoted on a per pound basis. The Buyer is responsible for any tax or government charges imposed upon the sale or transfer of the Product. The Buyer shall not have any right to set off any amounts due hereunder against any amounts which may become payable to Sani-Med under any other agreement.
Subject to availability and receipt of payment, requests will be processed within two working days and delivery confirmed by email. Sani-Med makes use of The Courier Guy courier services for delivery.
Unless otherwise agrees in writing signed by an officer of Sani-Med, all delivery dates are estimates Sani-Med shall use its reasonable efforts to deliver all Product within the time specified; however, in no case shall Sani-Med be liable for any expense, loss or damage whatsoever suffered by the Buyer as a result of the Sani-Med’s failure to deliver Product by the specified date.
transportation and risk of loss
The method and route of shipment are at Sani-Med’s discretion unless the Buyer timely supplies explicit instructions otherwise. Title to the Product passes to the Buyer when Product is delivered to the selected carrier, even if Sani-Med made a nonconforming tender. The Buyer attempts to revoke acceptance of the Product, or the Buyer repudiates this document after the Products have been identified hereto.
cancellation or modification
Any order placed with and accepted by Sani-Med may be canceled by the Buyer only upon Sani-Med’s approval in a writing signed by an officer of the Sani-Med and upon terms that indemnify Sani-Med against any loss. Sani-Med will not accept order cancellations once a product has been delivered to a carrier, without charging a cancellation fee of twenty-five percent (25%) of order value to recover retrieval costs incurred. Sani-Med will not accept cancellations of special orders of non-standard, non-price list products. Sani-Med may cancel all or any part of this order and discontinue its performance hereunder without liability to the Buyer in the event the Buyer materially breaches this contract, becomes insolvent, is the subject to bankruptcy protection, or is the subject of a receivership, liquidation, dissolution or similar proceeding.
The Buyer is responsible for any tax or governmental charge imposed upon the sale or transfer of any product. Any such tax or governmental charge will be added to the total invoice amount. All prices are FOB Sani-Med’s facilities. Applicable freight costs will be added to the invoice.
warranty and disclaimer
Sani-Med warrants that the purchased Product is free from defects in materials and workmanship at the time of delivery. If an analysis is stated on the face of the Invoice, it is not intended to be a complete analysis and is not to be regarded as a specification or warranty, unless specifically stated in writing to be such.
limitation of liability
The Buyer acknowledges and agrees that Sani-Med’s liability for any claims with respect to the products shall not exceed the amount paid by the Buyer for the products under the invoice. Such limitations on Sani-Med’s liability hereunder shall apply even if Sani-Med’s liability is due in whole or in part to its own negligence. Any action by or on behalf of the Buyer or its successors or assigns for breach of this document must be commenced within one (1) year after the cause of action as accrued.
Return and Refunds
The provision of goods and services by Sani-Med is subject to availability. In cases of unavailability, Sani-Med will refund the client in full within 30 days. Upon delivery of Product, the Buyer shall have five (7) days to inspect Product and notify Sani-Med, in writing, of any defective goods or other cause for rejection. The Buyer agrees that a seven (7) day period provides the Buyer a reasonable opportunity to inspect the Product. Such notification shall identify each and every reason for any rejection of Product. The Buyer’s failure to reject Product within such seven (7) day period shall constitute a waiver of the Buyer’s inspection right and an unqualified and irrevocable acceptance of the Product by the Buyer.
The Buyer shall defend, indemnify and hold harmless Sani-Med and its affiliated or related companies from and against any and all claims, losses, liability, damages and expenses including, but not limited to, attorneys’ fees and cost of defense arising from, related to or in any way connected with or alleged to arise from or out of any asserted deficiencies or defects in Product caused by any alteration or modification thereof by the Buyer with or without Sani-Med’s consent, or improper handling or storage by the Buyer, the breach of any term or condition stated herein, the Buyer’s failure to label Product or the Buyer’s improper labeling of Product regardless of whether the labeling was done with or without the advice of Sani-Med, or any act or omission of the Buyer including any Claims for or resulting from any injury to person (including death) or damage to property or for economic loss, several or comparative negligence, breach of agreement, breach of warranty or other breach of duty of or by Indemnitee or as a result of Indemnitee’s strict or other product liability. The foregoing indemnification shall not be construed to eliminate or in any way reduce any other indemnification or right which Indemnitee has by law.
Payment may be made via Visa, MasterCard and instant EFT. Amounts not paid within thirty (30) days are overdue and shall accrue interest at a rate of one and one-half percent (1-1/2%) per month or the highest allowed by law, whichever is less. The Buyer shall reimburse Sani-Med for any costs incurred in collecting past due sums or any other amounts owed by the Buyer for any reason whatsoever, including, but not limited to, court costs and attorneys’ fees.
Card acquiring and security
Card transactions will be acquired for Sani-Med via PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.
Customer details separate from card details
Customer details will be stored by Sani-Med separately from card details which are entered by the client on PayGate’s secure site. For more detail on PayGate refer to www.paygate.co.za.
Merchant Outlet country and transaction currency
The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR).
Sani-Med takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods.
Country of domicile and governing law
This website is governed by the laws of South Africa and Sani-Med chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature.
Sani-Med may, in its sole discretion, change this agreement or any part thereof at any time without notice.
This website is run by Mack Enterprises PTY Ltd based in South Africa trading as Sani-Med and with registration number K2014/110236/07 and two (Director(s)/Member(s)/Owner(s)).
Sani-Med contact details
Company Physical Address: 3 Evelyn Park, Evelyn Road, Retreat, Cape Town, South Africa, 7945 Email: firstname.lastname@example.org Telephone: +27 21 701 4777