Returns & Replacements
SECTION 7 - TERMS AND CONDITIONS (Please read these Carefully)
The applicant or its duly authorised agent hereby applies for account facilities with PVN and in consideration thereof, the applicant (as well as any surety for the applicant whose signature appears below) hereby irrevocably accepts the following terms and conditions:
Payment: (1) All purchases are regarded as cash on delivery, payable against invoice, unless otherwise agreed to in writing. (2) PVN may however extend payment terms to certain pre-approved customers. Application and approval must be obtained in writing, setting the payment terms and conditions. (3) In respect of COD customers - payment must be made by means of EFT transfer, in accordance with any payment conditions, and within 24 hours of the date of notified delivery or dispatch. Delivery may not be effected until payment has been made.(4)You confirm that payment to PVN is not subject to payment by your client and or patient and non-payment for the goods by a third party has no influence on your liability towards PVN under these terms and conditions.
Ordering: (1) The Customer shall make themselves aware and abide by the PVN product ordering procedure, as may be amended and advised to them from time to time, and shall make appropriate and sufficient enquiries and determinations of the design, specifications and quality of goods prior to initiating a purchase order. (2) Orders can be initiated through the online website ordering process, or by emailing or phoning PVN Agencies. Telephone calls may be recorded.(3) A purchase order confirmation may contain further terms of sale, including terms of payment, quantities and payment deposits.(4) A purchase order may be cancelled by PVN if the customer or any previous invoices are overdue or the customer is in default of this agreement
Delivery: (1) Delivery of goods is taken and despatched at the costs, risk and peril of the applicant, unless otherwise specified. The risk in and to the goods sold hereunder shall pass to the applicant when the goods leave PVN's premisis, notwithstanding the reservation of ownership therein. (2) Goods are sold in South African currency, unless stipulated to the contrary. (3) Prices charged by PVN are “trade only” prices and do not reflect a suggested retail or selling price. (4) Prices are “ex-works” and are exclusive of delivery charges, insurance, value added tax, levy or any other tax or impost. (5) Prices and payments on any final invoice may vary from the unit price which may appear in a catalogue or interim quotation - inline and depending on currency fluctuation, purchase quantities, stock availability and other purchase order amendments and commercial factors.(6) Acceptance of delivery (including collections) shall be evidenced by the customer (or its agents - including employees or representatives) signing the invoice, purchase order or waybill.(7) If incorrect or damaged goods are delivered the customer must notify PVN within three business days of delivery providing full details of the alleged damaged or incorrect goods.(8) Returns of such damaged or incorrect goods (notified to PVN in writing within the relevant time period) will give the customer the option of replacement of goods. Replacements claimed outside of the relevant time period will be at PVN's discretion. (9) The customer shall notify PVN in writing of any irregularities, including short-delivery within three working days of the delivery, and of non-delivery within three working days of the date upon which delivery was scheduled to take place.
Risk and Ownership: (1)The ownership of any goods sold by PVN to the applicant shall not pass to the applicant until payment of the full purchase price has been made, and the identification of such goods shall be determined by PVN's invoice and label.(2) Risk in the goods (including their loss or destruction) will pass to the customer upon collection or delivery.(3) If the customer directs or agrees that the goods be delivered or given into the possession of a third party, then such party shall be deemed to be acting as the customers agent in acceptance of delivery, and the terms of this agreement shall apply.(4) In the event that payment is not made on due date, PVN in protection of their rights, they may request the return of all or part of such goods, without incurring any liability to the customer, and failing such return, PVN shall be entitled, and permitted to enter the premises where the goods are being stored to remove same - to which the customer hereby consents and agrees.
Returns: (1) Notwithstanding anything contained to the contrary, no customer shall be permitted to return any goods without PVN's consent. (2) The return of goods shall apply only to goods that have not been made to order, customised or personalised in any way, have not been worn, or altered, are still in the original packaging and are otherwise fit to be returned to stock. If a special order item (Item not kept in stock, limited edition colours or slow moving item) is returned as an exchange due to an incorrect fitment or patient rejection a handling fee is charged and the postage is for purchasers account. If a stock item is returned as an exchange/swap for a "like item" due to an incorrect fitment or patient rejection a handling fee is NOT charged and the postage is for the purchacers account. (3) If faulty or defective goods are returned to PVN for replacement. Complaints regarding faulty delivered goods must be made in writing to PVN within five days of delivery failing which the goods shall be deemed to be free of any deficiency or defect. PVN reserve the right to credit or refund the purchase price in lieu of replacement at a handling fee of 10% of the purchaced price. (4) PVN does not accept returns on: discontinued items, discounted/Sale items, incorrectly ordered items. (This is at the discretion of PVN and is always open to negotiation).
"Liability:(1) In the event that any provision of this agreement conflicts with any statute, ruling or order of any governmental or regulatory body from time to time - which imposes any duty, liability, obligation on either of the parties, or impacts on any provision of this agreement, then such provision shall be superseded and controlled by the statute, ruling or order.
(2) All warranties representations guarantees conditions and other terms which could be implied into a purchase and sale by law are hereby excluded.(3) PVN shall in no manner be liable for any consequential, incidental damages, loss of profits, personal injury or damage to property or for any loss to customer arising from third party claims occasioned, caused or arising from the sale of the goods or by delay in delivery or otherwise arising or caused.(4) In the event that PVN is liable to the Customer for damages, such claim shall be limited to the invoice value (ex-VAT) of the purchased goods giving rise to such claim."
Without prejudice to the rights conferred in these conditions upon PVN, PVN reserves the right to withdraw from any order and or contract at any time prior to delivery of the goods ordered. The customer shall and undertakes to keep all price lists, and other information identified by PVN as being secret and confidential
Unforseen Events: PVN will not be deemed to be in breach of the fulfilment of any purchase order if unable to comply with any contractual obligation because of any event or circumstance beyond their control and in any such event or circumstance PVN will be entitled to extend the time for complying with their obligations under a purchase order by a reasonable time and (if still not able to comply with the obligations after such reasonable extension) PVN may thereafter terminate the purchase order in question by written notice to the customer.
Despite the credit required limit noted hereto, applicant is liable for the full amount due. A certificate signed by the secretary/manager or any director of PVN reflecting the amount owing by the applicant to PVN and the fact that such amount is due, owing and unpaid shall be prima facie proof of the effects therein stated for the purpose of any action (whether by way of provisional sentence or otherwise), proof of debt on insolvency or for any purpose whatsoever where the amount of such claim is required to be established and it shall rest with the applicant to prove that such amount is not owing and / or due and unpaid.
The applicant hereby consents to the jurisdiction of the magistrate’s court in any dispute arising out of this contract but PVN shall always have the option of taking proceedings before any division of the supreme court of South Africa or the courts of the country of the domicile of the applicant. In the event of legal action being taken against the applicant, the latter will be liable for all costs incurred on the scale as between attorney and own client, including such collection commission as PVN is liable to pay to its attorney.
The applicant chooses domicilium citandi et executandi at the street address reflected in section 2 of the credit application above.
In the event of the applicant defaulting in making payment of any amount that has become due and owing then the full balance outstanding (whether due or not) will immediately become due and payable without notice to the applicant.
All overdue amounts shall bear interest at the maximum permissible rate of interest as determined by The National Credit Act No. 34 of 2005 (as amended) (or any other relevant law), from time to time, such interest to be reckoned monthly in advance from due date to date of payment.
No variation of, addition to or cancellation of any of the terms and conditions of this contract will be valid unless reduced to writing and signed by both parties.
The applicant warrants that all the information provided herein is true and correct in all respects.
SIGNED AT __________________________ THIS THE ______________________ DAY OF ___________________ 2______________________
WITNESSES:
Signature Witness 1
Full Name:
Address:
Signature Witness 2
Full Name:
Address:
APPLICANTS SIGNATURE
SIGNED BY THE APPLICANT OR ITS DULY AUTHORISED AGENTS WHO HEREBY WARRANT THAT HE/SHE IS Address AUTHORISED TO SIGN ON BEHALF OF THE APPLICANT.