Legal
Terms & Conditions
Please read the company trade terms and conditions carefully and clearly before engaging any further with NERVETECH or use of the NERVETECH website and any related links and websites.
Use of or registration on the website will constitute your agreement to comply with these trade terms and conditions. Accordingly, you will be acknowledging that you have read, understood and agreed to be bound by these terms and conditions. You must not trade with NERVETECH or use the website if you do not agree to these terms and conditions or any aspects thereof.
Definitions
The terms "Customer", "User", "you" or "Your" applies to any individual or party trading with NERVETECH or using the NERVETECH website in any capacity.
Website Registration
Registration for an Account is available for those who will be registering as Resellers & Main Distributors or Bulk Buyers, and is done for free and does not oblige the customer to purchase anything. However, you must have successfully registered for an account with a username and password before transacting on the website.
To register for an account, you will be required to provide NERVETECH with information which is protected by our Privacy Policy.
In registering for an account you undertake to provide NERVETECH with complete and accurate information and warrant that the information you provided is true and correct.
Transacting on the website, including online transacting, is entirely at the customer's own risk and responsibility, and is subject to the provisions of the Electronic Instructions clause below and all other provisions.
Waivers and indemnities as set out herein, and other related policies such as the Refund Policy and Privacy Policy, bind the customer as set out in these Terms and Conditions.
Use of the Website
Once the correct username and password have been entered to access the Customer's account, irrespective of whether the activity is unauthorized or fraudulent, the Customer bears all responsibility and is fully liable for all transactions and activities on the website.
The Customer agrees to notify NERVETECH with immediate effect upon becoming aware of, or reasonably suspecting, any unauthorized use of the Customer's account, and to take steps to mitigate any resultant loss or harm.
You may not use any device, software, robot, spider or other automatic or manual process to interfere with, monitor, copy, distribute or modify the website or its information, or to distribute material that is defamatory, offensive, hateful or otherwise unlawful.
You may not display, publish, copy, print or post the website or its information without the express prior written consent of NERVETECH.
You bear full responsibility and carry all risk in respect of your use of the website, of whatsoever nature.
You are required to report any possible adverse situation, malfunction or error on the website by informing NERVETECH via email.
Website User & Customer's Obligations
By using the website, you agree and warrant to NERVETECH that:
- All information provided by you is accurate, not false, misleading, deceptive or fraudulent, and is given in compliance with all applicable laws and government regulations.
- It is not forged, threatening, offensive or constantly harassing.
- It does not contain viruses, worms, Trojan horses or invidious programs, whether or not attached to or embedded in other programs or data.
- It will not defame or slander another person, or transmit misleading or inaccurate information of any kind.
- You will not bid for or purchase any items unless you are able to pay for the purchase.
- The purchase of any items from NERVETECH is absolutely at your own risk.
- You will comply with these Terms and Conditions and all other relevant agreements and policies where applicable.
Orders and Products
You may order items, which NERVETECH, in its sole discretion, may accept, reject or amend. Whether NERVETECH accepts an order depends on the availability of items, the correctness of information relating to the items (including, without limitation, price), receipt of payment or payment authorisation, or any breach of these Terms and Conditions.
NERVETECH will indicate the rejection of an order by cancelling it and, where applicable, refunding any amounts paid. NERVETECH does not guarantee the availability of stock.
NERVETECH reserves the right to amend an order relating to the availability of products and shipping schedules, depending on prevailing circumstances, and reserves the right to dispatch orders from any of its locations — estimated delivery days are subject to change depending on the dispatch location.
A saved order which is not submitted does not constitute an order confirmation, and NERVETECH is not liable if items become unavailable or prices change before the order is submitted.
An order which has been submitted cannot be edited and constitutes a binding order confirmation. Once an order has been submitted, it cannot be cancelled, and confirmation is deemed unconditional acceptance of these Terms and Conditions.
Orders placed via payment gateways will only be shipped once funds have been received and cleared by the payment provider.
Returns Policy
All sales are final. Items cannot be returned or exchanged under any circumstances, except where items are assessed to be defective and remain unopened and in their original condition.
No refunds are available. Where NERVETECH accepts a return, it is for online store credit or a replacement item only, excluding shipping costs and surcharges, and is at NERVETECH's sole discretion.
See the full Refund Policy for the complete returns process, timelines and warranty terms.
Price Policy
Prices listed on the website or published through any other medium are subject to change without prior notice, and are net of all discounts unless otherwise agreed by NERVETECH in writing.
All orders are billed at the prices prevailing at the time of order confirmation. Prices are based on the unit of measure indicated and exclude related accessories or packaging options unless otherwise specified.
All prices are exclusive of freight, transport, insurance, installation and maintenance costs, which must be paid by the Customer unless stated otherwise by NERVETECH in writing.
Delivery Address
The Customer may request delivery to any delivery address. Items are subject to availability and will be delivered within the areas determined by NERVETECH.
NERVETECH delivers during normal working hours, and an authorized representative must be available to receive orders with appropriate access to the premises arranged in advance.
The Customer is liable for all costs occasioned by a failure or refusal to take timeous delivery, including reasonable storage costs until the order is accepted.
The signature of any employee, relative or representative of the Customer on an official delivery note, invoice or waybill constitutes sufficient proof of delivery.
Warranty of Goods
NERVETECH makes no representation or guarantee in any manner whatsoever in respect of items sold, but may, in its sole discretion, extend the manufacturer's warranty to you, subject to the manufacturer's terms and conditions.
NERVETECH's liability for defective materials and workmanship is limited exclusively to replacement, strictly in accordance with the manufacturer's warranty and NERVETECH's Refund Policy.
Claims for defective items may only be submitted by email notice, with photos of the defective item attached. Failure to provide the relevant information may lead to dismissal of the claim. All claims are subject to NERVETECH's internal evaluation, and findings are final.
Where a claim is accepted after evaluation, delivery costs to NERVETECH's location are borne by NERVETECH. Where rejected, delivery costs are borne by the Customer.
No warranty applies if products are not installed by NERVETECH or a qualified installer. NERVETECH carries no responsibility for incorrect connection, overload, soaking, short circuit or damage caused by incorrect power supply or unsafe use.
Default by the Customer
Where the Customer breaches any of these Terms and Conditions, NERVETECH may, without prejudice to its other rights:
- Demand immediate payment of all monies owing and outstanding, and proceed to recover the same.
- Suspend or terminate any trade terms offered to the Customer.
- Cancel any orders and retake possession of all items.
- Cancel any and all supply contracts and seek damages.
- Require security for outstanding obligations before any further supplies are made.
- Suspend or cancel, without notice, deliveries of confirmed orders.
In the event of default, all outstanding amounts — including reversed discounts, collection commission and legal costs on the attorney-and-own-client scale — become immediately due and payable.
Errors & Omissions
NERVETECH shall take all reasonable care to accurately reflect the description, availability, price and delivery charges of items on the website. Should any errors or omissions occur, NERVETECH will not be held liable for any resulting loss, claim or expense.
Where NERVETECH identifies an inadvertent and obvious error, it reserves the right to refuse or cancel any order relating to that error, refunding any amounts paid where applicable.
Availability and Termination
NERVETECH will use reasonable endeavours to maintain availability of the website, except during scheduled maintenance, and reserves the right to discontinue providing the website or any part of it, with or without notice.
NERVETECH may, in its sole discretion, terminate, suspend or modify the website, or suspend a Customer's trading relationship and access to the website, without liability and without prejudice to any claims it may have against the Customer.
Amendments to the Terms and Conditions
NERVETECH may, in its sole discretion, amend these Terms and Conditions at any time. It is the Customer's responsibility to regularly check these Terms and Conditions for amendments. Amendments apply once published on the website, and continued use of the website or trading with NERVETECH after publication constitutes acceptance of the changes.
Electronic Instructions (Waiver & Indemnity)
It will be necessary for the Customer to convey instructions to NERVETECH by email, the website and other electronic means, and for NERVETECH to implement such instructions on receipt.
The Customer acknowledges that signatures and instructions sent electronically are easy to forge and that it may be impossible for NERVETECH to verify their validity. The Customer unequivocally accepts all risk involved, waives any claim it may have against NERVETECH, and indemnifies NERVETECH from any loss resulting from acting on such instructions.
All liability for errors, omissions or delays in transmission, or misrepresentation on receipt, shall be borne by the Customer, who shall hold NERVETECH harmless.
Electronic Communications
When the Customer visits the website or sends emails to NERVETECH, the Customer consents to receive communications from NERVETECH electronically.
Disclaimer
Use of the website is entirely at the Customer's own risk, and the Customer assumes full responsibility for any risk or loss resulting from use of the website or reliance on any information on it.
NERVETECH makes no representations or warranties, express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the website, or as to the accuracy, completeness or reliability of any information on it. The website and all information on it is provided "as is" without warranty of any kind, save where otherwise provided by law.
NERVETECH disclaims all liability for damage, loss or liability — direct, indirect or consequential — arising from access to or use of the website, except where such risk arises from NERVETECH's gross negligence or wilful misconduct.
Limitations of Liability
NERVETECH, its directors, employees, distributors, agents and representatives shall under no circumstances become liable to the Customer or a third party for any damages, losses, liability, injury, cost, expense, claim, fine, penalty or interest incurred as a result of, but not limited to: trading and transacting with NERVETECH; use of the website or linked third-party websites; inability to use the website; inaccurate or incorrect product information; delay or failure to deliver items; loss or damage to items during transportation; defective or unsatisfactory items for any reason; losses due to fire, theft or any other cause; the Customer's failure to comply with these Terms and Conditions; or any negligent act or omission of the Customer.
General
If any term in these Terms and Conditions is declared invalid or ineffective by virtue of non-registration, illegality or otherwise, that term shall be severed without affecting the validity or enforceability of the remaining terms. These Terms and Conditions contain the whole agreement between the Customer and NERVETECH, and no other warranty or undertaking is valid unless contained in this document.
This website is governed by the laws of South Africa.
Contact
NERVETECH MO CORP Pty Ltd
Nicol Main Office Park, Building A, 1 Bruton Rd, Bryanston, 2193, Johannesburg, Gauteng, South Africa
support@nervetech.co.za / sales@nervetech.co.za