Terms & Conditions for Sale

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Company Information

This website is run by Midway Cash U& Carry (Pty) Ltd.
Registration number: 2014/260391/07
Company representative: Nainesh Seetha


Description of Good & Services

Midway Cash & Carry (Pty) Ltd is an retailer and wholesaler of FMCG products.


Shipping Policy

Subject to availability and receipt of payment, requests will be processed within one (1) working day and delivery confirmed by way of an email update. Ownership in all goods sold and delivered shall remain vested in Midway Cash & Carry (Pty) Ltd until the full purchase price has been paid.

Any delivery note (copy or original) signed by the client and/or its authorised representative and/or its nominated agent and held by Midway Cash & Carry (Pty) Ltd, shall be prima facie proof that delivery was made to the client.

Midway Cash & Carry (Pty) Ltd is entitled to engage a third party on its behalf to transport all goods purchased by the client to the delivery address stipulated by the client (see below). Short deliveries must not be accepted, and all the goods must be given to the driver of the delivery vehicle for return to Midway Cash & Carry (Pty) Ltd.


Pricing Policy

Midway Cash & Carry (Pty) Ltd reserves the right to change the pricing of goods from time to time without prior notice to the client. Pricing must be confirmed via an official quotation prior to confirming an order.


Product Information

The product pictures and specifications may be updated from time to time and change without prior notice.


Order Cancellation

The provision of goods and services by Midway Cash & Carry (Pty) Ltd is subject to availability. In cases of unavailability, Midway Cash & Carry (Pty) Ltd will refund the client in full within 7 (seven) days of the confirmation of order.
Any cancellation of an order by the client must be conducted before the client’s order has been dispatched and will attract a 15% handling and restocking fee on the value of the order cancelled for administration purposes


Client Privacy Policy

Midway Cash & Carry (Pty) Ltd shall take all reasonable and responsible steps to protect all personal information of its users and clients. For this clause, "personal information" is defined as in the Promotion of Access to Information Act 2 of 2000 (PAIA). For more information about the PAIA, please visit http://www.doj.gov.za/paia/paia.htm.

The client confirms that all information given is accurate and complete, and the client agrees to update any supplied information when necessary in order to ensure the accuracy of the above information failing which Midway Cash & Carry (Pty) Ltd will not be liable for inaccuracies.


Legal Proceedings

These terms and conditions shall be governed and construed under and in accordance with the laws of the Republic of South Africa. Midway Cash & Carry (Pty) Ltd shall, at its option and notwithstanding that the amount of its claim or the nature of the relief sought exceeds the jurisdiction of the Magistrate’s Court of Cape Town, be entitled to institute action out of such court.

A certificate issued and signed by any member of Midway Cash & Carry (Pty) Ltd, whose authority need not be proved, in respect of any indebtedness of the client to Midway Cash & Carry (Pty) Ltd or in respect of any other fact, including but without limiting the generality of the a foregoing, the fact that such goods were sold and delivered, shall be prima facie proof of the client’s indebtedness to Midway Cash & Carry (Pty) Ltd and prima facie proof of delivery of the goods in terms of this contract.

    Any document will be deemed duly received by the client within:
  • three (3) working days of pre-paid registered mail to any of the client’s business or postal addresses or the domicile address of the client.
  • 24 (twenty-four) hours of being faxed to any of the client’s fax numbers on being delivered by hand to the client; or
  • 48 (forty-eight) hours if sent by overnight courier.
  • The client agrees that neither Midway Cash & Carry (Pty) Ltd nor any of its employees will be liable for any negligent or innocent misrepresentations made to the client, nor shall the client be entitled to release from these terms and conditions on those grounds.

Arbitration

Midway Cash & Carry (Pty) Ltd may refer any dispute arising from or in connection with this contract to arbitration which arbitration award shall be final and binding on the client and Midway Cash & Carry (Pty) Ltd. The arbitrator will be a person agreed upon by the parties or failing agreement, appointed by the Arbitration Foundation of Southern Africa, who shall then finally resolve the dispute or issue in accordance with the Rules of the Arbitration Foundation of SA. The arbitration must be held at the place and in accordance with whatever procedures, the arbitrator considers appropriate.


Indemnity

The customer indemnifies and holds Midway Cash & Carry (Pty) Ltd (including its employees, subcontractors or subsidiaries) harmless against all claims of whatsoever nature that may be brought or threatened against Midway Cash & Carry (Pty) Ltd by any third party arising from or in connection with any defect, latent or otherwise in any goods supplied and/or services rendered by Midway Cash & Carry (Pty) Ltd.


Country of Domicile

This website and all other online documentation and functionality is governed by the laws of South Africa and Midway Cash & Carry (Pty) Ltd chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature the following address: 55 Chris Hani Rd, Protea South, JHB, 1820


Variation

Midway Cash & Carry (Pty) Ltd may, in its sole discretion, change this agreement or any part thereof at any time without notice.


Copyright

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of this site's owner or its content suppliers and protected by South African and international copyright laws. The compilation of all content on this site is the exclusive property of this site's owner and protected by South African and international copyright laws. All software used on this site is the property of this site's owner or its software suppliers and protected by South African and international copyright laws.


Disclaimer of Warranties and Limitation of Liability

THIS SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NO REPRESENTATIONS OR WARRANTIES OF ANY KIND ARE MADE, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THIS SITE'S OWNER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THIS SITE'S OWNER DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM THIS SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS SITE'S OWNER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.


Midway Cash & Carry (Pty) Ltd Support Contact Details

Emergency Phone Support: 0836475399 / Email Support: sales@dermadrop.co.za

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