The Trading Company

Care and Mobility is a trading name of Healthcare & Mobility (Africa) CC, a company registered under the number 2008/219392/23, with its registered address at Mercury House, 55 Columbus Crescent, Rivergate Business Park, Tableview, Cape Town. All correspondence should be addressed to The Members at the address overleaf.

The Contract

These Conditions are intended to form a legally binding agreement between you (the Customer) and Care and Mobility.

These Conditions apply to all contracts for the sale of goods between Care and Mobility and the Customer. The Customer agrees that all orders for the sale of goods set out overleaf are offers to enter into an agreement to buy those goods in accordance with these Conditions.

These Conditions form the agreement between us. Variations to this agreement may only be made by parties named overleaf (who are part of the contract) and with the written agreement of Care and Mobility. Where additional Conditions are agreed between Care and Mobility and its Customers, it is in the interests of both parties that these are set out in writing.

Due to the nature of the goods, all measurements are indicative and approximate and are not critical to the fulfillment of this agreement.

Price and Payment

The Price payable by the Customer shall be that set out in Care and Mobility’s published price list at the date of agreement. VAT is included in the list price and will be payable on all orders.

The Customer shall make payment of the Price, including VAT due, on the Delivery Date. Care and Mobility reserves the right not to make Delivery of the goods unless the Price, including VAT, has been paid.

Care and Mobility reserves the right to charge interest on any overdue payments at the rate of 1% above the base rate of First National Bank then obtaining. Interest shall fall due at this rate until payment of any outstanding balance.

The Goods

Care and Mobility reserves the right to make changes or alterations to the Specification of the Goods from time to time as required to comply with any applicable safety or statutory standards or requirements. This shall not affect the Price to be paid by the Customer.

The customer acknowledges that the goods are custom-built to order and therefore are classified as “Special-order goods” as referred to in the Consumer Protection Act. The Customer confirms that the goods ordered are fit for purpose.

Warranties and Liabilities

Care and Mobility guarantees that the Goods will be free from defects in materials and workmanship for a period of 1 year from the date of delivery unless specified otherwise.

Care and Mobility accepts no liability in respect of any defect arising from fair wear and tear, willful damage, negligence, abnormal working conditions, failure to follow Care and Mobility’s instructions, misuse, alteration, or repair of the Goods without Care and Mobility’s written approval.

In instances where the fault does not fall under the guarantee or when the item is out of the guarantee period, a call-out fee may be charged.

Delivery of the Goods

Care and Mobility shall deliver the Goods to the Customer’s address on the Delivery Date and at the time specified by Care and Mobility. The Delivery Date and/or approximate time till delivery shall be advised by Care and Mobility but shall not be binding on this agreement.

The Customer agrees to make all arrangements necessary to take delivery of the Goods when they are tendered for delivery as notified by Care and Mobility.

Risk and Property

The Customer shall be responsible for damage to, or loss of, the Goods once they are delivered to the Customer and are in the possession or control of the Customer.

Care and Mobility shall retain legal ownership of all Goods supplied until Care and Mobility has received all monies due.

Customer’s Remedies

Where the Customer has accepted and inspected Goods in accordance with this agreement, then, except for faulty or defective goods, Care and Mobility shall be treated as having performed its obligations to the Customer.

South African Law

This agreement shall be governed and interpreted in accordance with South African Law. In the unlikely event of any dispute arising, then the South African Magistrates Courts shall have jurisdiction over the same.

Notice of Cancellation Rights

The Customer shall be entitled to cancel this agreement within 7 days from the date of this agreement by sending or delivering a written notice of cancellation to Care and Mobility at the address set out overleaf. If the Goods are delivered and/or installed prior to the 7 days, the right to cancel will no longer apply.