1.           Anyorder placed by the client to Miracle Medical for the sale of goods to theclient shall constitute an irrevocable offer to purchase made to MiracleMedical at it’s principle place of business in Johannesburg which offer shall be deemed tobe accepted wholly or in part at that address according to the executionthereof by Miracle Medical.

2.           Goodsremain the property of Miracle Medical until paid for in full.

3.           Shouldpayment not be made within the agreed time period,  Miracle Medical may  take the necessary legal action to ensurethat payment is made.  Any costs incurredby Miracle Medical in taking these steps will be for the client’s account.

4.           Exportgoods must be paid for in full prior to collection thereof.

5.           Theclient will be responsible for the collection of all export goods and anyinsurance, freight and custom charges related to the import of the goods intotheir respective countries.

6.           Creditfacilities will be supplied solely at the discretion of Miracle Medical.  No credit facilities will be supplied withoutthe client completing an information form supplied by Miracle Medical.  Should the application be successful MiracleMedical will allocate a credit limit. 

7.           Shouldthe allocated credit limit  be exceededfor any reason,  no additional goods willbe supplied on credit. 

8.           AccountPayments must be made no later than 15 days from receipt of the monthlystatement.  No additional goods will besupplied on credit should the account fall into arrears.  Miracle Medical retains the right to suspendor remove the credit facility should the client not comply with the terms andconditions agreed to.

9.           Interestwill be charged on all overdue accounts. Interest will be calculated at Primeplus 5% (Five percent)

10.        Failureto settle an account within the stipulated period will result in the necessarylegal action to recover monies owed.  Anylegal costs incurred will be for the Debtor’s account.

11.        Nogoods will be accepted for exchange or credit after 7 days from date ofsale.  Any goods to be returned forcredit or to be exchanged must be in perfect condition and in their originalpackaging.

12.        Anyconsumable items that are not in their original,  sealed and sterile packaging may not bereturned or exchanged for any reason.

13.        A10% handling fee will be charged for goods returned for credit.

14.        Shoulda manufacturers guarantee exist on the purchased item,  Miracle Medical will refer said item to themanufacturer for repair or replacement as the manufacturer sees fit.  Miracle Medical will not be held responsiblefor the manufacturer’s decision regarding repair or replacement of the goodsnor for any time delay that may arise. Should the guarantee not be upheld by the manufacturer for reasonsincluding misuse or negligence on the client’s part,  the client will be held responsible for anycosts incurred to Miracle Medical while attempting to return or repair theitem.  These cost may include anylabour,  freight,  postage and service fees incurred.

15.        Ifavailable,  Miracle Medical will howeverendeavor to provide a loan unit for the client’s use under thesecircumstances.  The loan unit may beowned by either Miracle Medical or the manufacturer. Should a loan unit not beavailable from Miracle Medical or the manufacturer for whatever reason,  Miracle Medical is under no obligation toprovide such a unit,  in any shape orform.

16.        Theclient will be held responsible for any loss or damage to the loan unitsupplied to them and will be required to cover the full costs required torepair or replace the loan unit.  Thesecosts may include labour,  freight,  postage and service fees.

17.        Anycosts incurred for the repair or replacement of goods that are no longercovered by a guarantee,  whether held bythe manufacturer or by Miracle Medical, that have been damaged through incorrect use or negligence on theclient’s part will be for the client’s account. Points 6 and 7 regarding loanequipment apply.

18.        MiracleMedical will not take responsibility for any liability, injury or deathincurred resulting from manufacturing or operating defects. Any claims may betaken up directly with the manufacturer/ importer thereof.

19.        Itis understood that certain pieces of equipment as well as certain consumableitems purchased from Miracle Medical may require a specific level of trainingin order to  operate or use theitems.  Miracle Medical will not be heldresponsible for any legal,  criminal orcivil enquiries that may arise from the misuse of such equipment by a person orpersons not possessing the required qualifications.  Miracle Medical will provide the necessaryhandbooks and training manuals for specific items,  if and when required,  as well as providing a demonstrationregarding the correct use of the equipment if required.  The demonstration may be made by either arepresentative of Miracle Medical or a representative of the agent ormanufacturer of the item.  MiracleMedical is not responsible for ensuring that the client or his representativeseither possess or obtain the required qualifications.

20.        MiracleMedical reserves the right to withhold the sale of any item if they have reasonto believe that the person or persons purchasing the item may not possess thecorrect medical qualifications to make use of said item.  Any decisions made will be according to theprotocols published by the Health Professionals Council of South Africa.  This includes any equipment that has beenspecifically included or excluded from the specific protocols.  Should any doubt exist over the registered qualificationof a person or persons Miracle Medical or their representatives reserve theright to request proof of registered qualifications.  Miracle Medical will not be held responsiblefor any legal,  criminal or civilenquiries that may arise against a company or an individual in this regard.

21.        TheseTerms and Conditions of Sale may be amended from time-to-time.