TERMS & CONDITIONS:

• No variation of these conditions shall be binding on Headset Surgeons (Pty) Ltd unless such variation is agreed to in writing by Headset Surgeons (Pty) Ltd.
• All prices quoted by Headset Surgeons (Pty) Ltd are subject to exchange rates, duties, surcharge, freight and transport costs, and clearing agent charges ruling at the time. Any subsequent changes will be for the client’s account.
• Each of the Parties undertakes to maintain and protect the Confidential Information which it received from the other party.
• Goods remain the property of Headset Surgeons (Pty) Ltd, until paid in full.
• Headset Surgeons (Pty) Ltd will arrange delivery of the orders to an address nominated by the client on the nominated delivery dates and after payment reflects and/or clears in its bank account.
• Delivery times however are estimated and based on the lead time Headset Surgeons (Pty) Ltd are given by our suppliers &/or couriers. Should any delays from the supplier/couriers for whatever reason, or for any other reason beyond Headset Surgeons (Pty) Ltd control take place, the Headset Surgeons (Pty) Ltd shall not be liable for any costs incurred by the customer through such a delay.
• Headset Surgeons (Pty) Ltd does not accept responsibility for any damage, shortage or loss, unless either : a) Damage or shortage is notified in writing both to Headset Surgeons (Pty) Ltd and to the carriers within 7 days of receipt of goods and the relevant waybills/consignment notes have been endorsed accordingly by the consignee. b) Non-delivery (in the case of total loss) is notified both to Headset Surgeons (Pty) Ltd and to the carriers within 7 days of the date of dispatch mentioned by Headset Surgeons (Pty) Ltd advice note or invoice.
• Headset Surgeons (Pty) Ltd. will use its best endeavors to ensure that goods are supplied in working order to their specifications.
• All payments to be made by the Client:

— without set-off or deduction of any kind; and

— into Headset Surgeons (Pty) Ltd bank account, the details of which are set out on each invoice.

• Overdue amounts in the event that any amount payable by the Client is not paid when due, then Headset Surgeons (Pty) Ltd will be entitled to levy interest on such outstanding amounts at a rate of 2% (two percent) per month from the date of default and which interest shall be calculated and capitalized on the same day of each month, in arrears, on the amounts due until the default has been remedied in full by the Client.
• Prices are subject to ROE (rate of exchange) & availability of stock.
• Headset Surgeons (Pty) Ltd shall not be liable for any claims of whatsoever nature that may arise from the distribution, usage, marketing or sale of the Products save and except for where such claims may arise because of the negligence of Headset Surgeons (Pty) Ltd in the manufacturing/repairs process.
• Except for the obligation to pay monies due and owing, neither Party shall be liable for any delay or failure in performance due to events outside the defaulting party’s reasonable control, including, without limitation, acts of God, earthquakes, labor disputes, actions of governmental entities (including but not limited to delay caused by customs regulations or a change in customs regulations), riots, war, terrorism, fire, epidemics or other circumstances beyond its reasonable control.
•  Should Headset Surgeons (Pty) Ltd consider accepting back goods for credit, with no obligation, Headset Surgeons (Pty) Ltd must be notified by the client within 7 days of invoice date.
• Headset Surgeons (Pty) Ltd shall be entitled at its discretion to charge a 10% handling charge on goods returned for credit.