Trade terms and conditions of sale
Please note that your order is expressly subject to the terms and conditions set forth below, and this document constitutes the terms of agreement in their entirety between you (Buyer) and Whole Again Nutriceuticals (Pty) Ltd ("Seller") with respect to any order Buyer places with Seller (the "Contract"). Any additional or different terms stated in any purchase order or other document shall be of no binding effect and is hereby objected to and rejected. The buyer agrees to accept and be bound by the terms and conditions set forth herein. The confirmation of the order implies for the buyer, acceptance of these Terms and Conditions of Sale and the recognition of complete comprehension.
Terms and conditions of sale
Please note that your order is subject to the terms and conditions set forth below in this sales contract (the "Contract").
No additional or different terms stated orally or in any other document other than the Order are agreed to or binding on Buyer or Seller. Buyer and Seller agree to accept and be bound by the Order and the terms and conditions set out below.
1. Price and payment
Prices for the Goods are as stated on the face of the Order. Increases in material costs before completion of the Order may be invoiced to Buyer. Final payment must be received within the payment terms specified in the accepted Order. If payment in full of an invoice is not made by or before the due date, Buyer agrees to pay interest on any unpaid amount at a rate of 1.5% per month or 18% per annum from the due date until the invoice and all interest associated therewith is paid in full and shall pay for all Seller's costs of collection including reasonable attorney's fees and court costs. All sales are final. In the event Seller grants payment terms to Buyer, Seller may revoke such payment terms at any time and for any reason, in Seller's sole and absolute discretion, and require Buyer to tender pre-payment for Goods before delivery.
Whole Again Nutriceuticals' current payment terms are 7 days from the date of invoice for goods ordered.
2. Delivery of goods
Delivery terms for Goods purchased hereunder shall be the Seller's warehouse or other point designated by Seller (the "Shipping Point"). The cost of the delivery of such goods will be borne by the Buyer and a reasonably priced courier company will be elected by agreement between the parties.
The Buyer also has the option of electing to insure the Goods while the Goods are in the possession of a third-party carrier, the cost of such insurance will be borne by Buyer and such costs are in addition to the transportation costs. Title to the Goods purchased by Buyer and risk of loss of all Goods shall pass to Buyer upon delivery of the Goods to Buyer's designated carrier or common carrier at the Shipping Point. Delivery dates set forth on the Order are subject to change and are predicated on conditions existing at the time. The seller does not guarantee any delivery dates and shall not be responsible for any loss or damage of any kind or nature whatsoever caused by any delay in delivery irrespective of the cause of such delay.
3. Inspection and rejection
Buyer shall carefully inspect all Goods promptly upon receipt. Any claim for overage or shortage must be presented to Seller, in writing, within three (3) business days of receipt of the Goods by Buyer. Claims must be accompanied by supporting documentary proof of such overage shortage or breach of warranty.
4. Returns
The re-distribution of a supplement/medicine which has been returned is prohibited by pharmaceutical policy and as such Whole Again cannot accept the return of any medicine for credit or replacement unless there is a defect in the medicine or packaging at the time of supply, or if an incorrect medicine has been issued. The buyer should notify the seller in writing of this occurrence within three (3) days of receipt of the goods. Once the Seller has been notified, the return of stock to the Seller's warehouse must be within fourteen (14) days.
5. Minimum order
The Buyer agrees to purchase a minimum of 10 units of the Product(s) described herein per month.
6. Warranty and remedy
Seller warrants that the Goods delivered hereunder will be manufactured in accordance with applicable Good Manufacturing Practices and conform to the agreed upon specifications for the Goods, in all material respects, at the time of delivery to Buyer.
The foregoing warranty is exclusive and in lieu of all other warranties, whether written, oral or implied, including any warranty of performance, merchantability or fitness for a particular purpose. It is the sole responsibility of buyer to determine the adequacy of all goods purchased by buyer for any intended specific purpose or use. Seller shall not be responsible for any loss or liability arising out of or resulting from customer's possession or sale of the products, regardless of whether such liability is based in tort, contract or otherwise and whether or not such loss is foreseeable.
