Terms & Conditions
The sale of goods and services by the Seller to any purchaser of such goods or services (herein referred to as “the Customer”) will be subject to the following terms and conditions and no other terms and conditions and variances with those contained herein shall be applicable or binding on the Seller unless agreed to in writing by the Seller.
1. Payment
1.1 Unless otherwise agreed payment in full without deduction or set-off in respect of goods sold shall be due and payable before delivery.
1.2 In the case where stock needs to be ordered, a 60% deposit is required on order and balance due before delivery.
2. Delivery
2.1 All deliveries will incur a delivery charge payable by the customer. Country wide deliveries are available through road freight and courier services. Deliveries will take place once full payment is received and cleared by Mobility one.
2.2 Any product that is defective or damaged upon delivery should be refused. Once delivery receipt is signed for, it is stating that goods have been received in good condition. Please contact the Seller immediately.
2.3 In the case where stock needs to be ordered, order dates with our suppliers are the 1st and the 15th of each calendar month. Delivery period from date of order is up to 12 weeks.
3. Returns and cancellations
3.1 Goods returned, cancelled or exchanged for credit shall be subject to a handling charge of 20% of their invoiced value. Such goods shall be returned within 7 days of delivery, unused and in their original packaging. Notwithstanding anything herein contained, the Seller reserves the right to refuse to accept the return of any goods for credit. There will be no returns on specially ordered chairs due to it been customer specific. The customer will be refunded 4 weeks after Mobility one has received the product.
3.2 Courier charges will be for customer account.
4. Ownership
4.1 Despite delivery of any goods to the Purchaser, ownership therein shall not pass to the Purchser until payment in full of all amounts owing by the Purchaser to the Seller shall have been made. The risk in and to the goods shall pass to the Purchaser upon delivery. Delivery to any third party including but not limited to road and rail transportations or the S.A. Post Office (all who shall be deemed to be the Agent of the Purchaser) shall be deemed to be delivery to the Purchaser.
5. Limitation
Save as otherwise herein provided, the Seller shall be under no liability to the Purchaser or any other person/s whomsoever whether in contract or delict, in respect of:-
- defects of the goods;
- injury, loss or damage howsoever arising from such defects;
- injury, loss or damage howsoever arising from the use, misuse or abuse of the goods by the Purchaser or any other person/s
- the repossession of the goods by the Seller, or the partial, late or non-delivery of the goods by the Seller.
5. Limitation
Should the Seller instruct its attorneys to institute action against the Purchaser, the Purchaser shall pay the costs of such action on the scale as between attorney and client so that the Seller shall receive a full indemnity in respect of such costs. The Purchaser consents to the jurisdiction of the Magistrate’s Court for the purpose of any proceedings to be instructed hereunder and chooses domicile citandi et executandi for all purposes arising here out at the address reflected on the invoice.
7. Variations and amendments
No variation or amendment to these conditions shall be of nay force or effect unless reduced to writing and signed by the Seller and the Purchaser.
8. Copy of conditions of sale
The Purchaser acknowledges that his attention has been drawn to these conditions of sale and that a copy hereof has been tendered to him.
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