Quotation Terms

1. Scope and application

These Quotation Terms apply to quotations issued by Blue White Medical (Pty) Ltd, trading as Blue White Medical (Blue White Medical, we, us or our), for products, equipment assessments, repairs, servicing, laser engraving, design, custom manufacturing and related services.

They must be read with the quotation, approved specification, purchase order and any service-specific or manufacturer terms referred to in the quotation. If there is a conflict, the quotation or a later written agreement signed or accepted by authorised representatives will apply to that transaction.

Nothing in these terms excludes a right or remedy that cannot lawfully be excluded, including any mandatory right under the Consumer Protection Act 68 of 2008 (CPA).

2. Quotation validity

A quotation is valid for the period stated on it. If no validity period is stated, it will remain open for acceptance for 30 calendar days from its date, unless withdrawn earlier before acceptance.

After the validity period, prices, exchange rates, stock availability, lead times, freight and component costs may be revised. An expired quotation must be reconfirmed by Blue White Medical before it is accepted.

3. Acceptance and authority

A quotation may be accepted by signing it, issuing a purchase order that clearly refers to it, approving it by email or another recorded method, or paying a required deposit. Acceptance is subject to any internal credit, regulatory, technical or stock checks reasonably required by Blue White Medical.

The person accepting the quotation confirms that they are authorised to bind the customer and approve the quoted work. Any qualification, amendment or conflicting purchase-order term will apply only if Blue White Medical accepts it in writing.

4. Prices, VAT and charges

Prices are in South African rand unless the quotation states otherwise. VAT, delivery, insurance, travel, installation, validation, assessment, collection, packaging and other charges are excluded unless expressly included.

Where imported products or components are involved, a quotation may be based on an exchange rate, supplier price, duty or freight cost available on the quotation date. Any permitted adjustment method will be stated in the quotation or agreed before the customer incurs the additional charge.

5. Scope and specifications

The quotation covers only the products, quantities, work, tests, deliverables and specifications expressly stated. Website content, discussions, samples, drawings or previous work do not expand the scope unless included or incorporated into the accepted quotation.

The customer must check all product descriptions, dimensions, quantities, materials, equipment identifiers, serial numbers, engraving data, drawings and intended-use requirements before acceptance. Blue White Medical may request written approval of a drawing, sample, prototype or proof before production.

6. Assessment, diagnostics and estimates

A repair quotation may require inspection, testing, disassembly, cleaning or diagnostic work. Any assessment or quotation-preparation fee must be disclosed and approved before it is charged where the CPA or another applicable law requires this.

An initial estimate based only on a description, photograph or limited inspection may change after the equipment is opened, tested or fully assessed. Blue White Medical will not perform additional chargeable work above an authorised amount without first informing the customer of the additional estimated cost and obtaining approval in a recorded form.

If the customer declines the repair after an authorised assessment, the customer remains responsible for approved assessment, cleaning, transport and reassembly charges, where applicable and lawful.

7. Equipment condition and decontamination

The customer must accurately describe known faults, prior repairs, modifications, contamination risks and any hazardous condition. Equipment sent for assessment or repair must be appropriately cleaned and decontaminated and must include any certificate or information reasonably requested by Blue White Medical.

We may refuse, quarantine or return equipment that is contaminated, unsafe, incorrectly packaged or unsuitable for handling. Reasonable additional cleaning, decontamination, packaging or return costs may be charged only after disclosure and approval where required.

Blue White Medical will take reasonable care of customer equipment in its possession, but is not responsible for pre-existing defects, normal deterioration, concealed damage or unavoidable damage arising from an approved diagnostic process, except to the extent caused by our failure to exercise legally required care.

8. Repairs and replacement parts

Repair work is limited to the authorised scope. If further faults or required parts are discovered, work may be paused while further approval is requested. Declining additional work may mean that the equipment cannot be returned to a safe, functional or manufacturer-compliant condition.

Replacement parts may be new, reconditioned or functionally equivalent only where this is stated, approved and legally permissible. Availability may depend on an original equipment manufacturer (OEM) or another supplier.

Removed parts may be retained for quality, safety, regulatory or disposal purposes unless their return is requested before work begins and return is lawful and reasonably possible. Hazardous, contaminated, exchange or warranty-return parts may not be returnable.

9. Custom design and manufacture

Custom products are manufactured according to the latest specification, drawing, proof, prototype or sample approved by the customer. The customer is responsible for confirming clinical, dimensional, compatibility and user requirements within its area of expertise.

Reasonable manufacturing tolerances, material characteristics and minor variations may apply. A change requested after approval may require a revised quotation, new lead time and payment for work, material or components already committed.

A prototype or sample approval authorises production on that basis. The customer must not modify a regulated product, label, intended use or safety-critical specification without appropriate technical review and regulatory consideration.

10. Laser engraving

The customer must supply accurate, final engraving text, numbering, logos, measurements, layouts and placement instructions and confirms that it has the right to use any supplied mark or content.

Engraving is permanent and may affect an instrument’s surface or manufacturer warranty. Blue White Medical will follow the approved instruction and applicable process controls, but is not responsible for errors contained in customer-approved artwork or data. Rework or replacement caused by a customer error will be quoted separately.

11. Regulatory and quality requirements

Medical-device work will be performed within Blue White Medical’s authorised activities, quality-management system and applicable regulatory requirements. Nothing in a quotation authorises either party to act outside an applicable SAHPRA licence, manufacturer instruction, quality procedure or law.

The customer remains responsible for selecting a product suitable for its intended clinical environment, ensuring that users are appropriately trained, following instructions for use, maintaining traceability and completing any acceptance, commissioning or validation activities allocated to it.

12. Lead times

Lead times are estimates unless the quotation expressly records a guaranteed date. Timing may run from receipt of acceptance, deposit, equipment, complete specifications, approved proof, required materials or regulatory information—whichever occurs last.

We will communicate material delays when reasonably possible. Delays may arise from parts availability, OEM response times, imported components, courier disruption, additional faults, customer approvals, regulatory requirements or events outside our reasonable control.

13. Delivery, collection, risk and title

Delivery and collection arrangements, costs and responsibilities are as stated in the quotation. The customer must inspect delivered goods or returned equipment as soon as reasonably possible and promptly report visible shortages, transit damage or an incorrect delivery.

Risk passes at the point stated in the quotation or, if not stated, on delivery to or collection by the customer or its nominated carrier, subject to mandatory law. Ownership of goods supplied by Blue White Medical remains with Blue White Medical until all amounts due for those goods have been paid, to the extent permitted by law.

14. Deposits and payment

Any deposit, payment milestone or credit term will be stated in the quotation or invoice. Unless approved credit terms apply, Blue White Medical may require payment before ordering special components, starting work, releasing goods or dispatching repaired equipment.

Invoices must be paid without deduction or set-off unless a deduction is required by law or agreed in writing. A genuine invoice dispute should be raised promptly with supporting detail; undisputed amounts remain payable.

Reasonable recovery costs and interest may be claimed only where stated in the applicable agreement and permitted by law. Blue White Medical may suspend further work or delivery while an undisputed overdue amount remains unpaid.

15. Changes and additional work

A change to quantity, scope, specification, material, delivery, testing or timing may affect price and lead time. Blue White Medical will provide a revised quotation or written change confirmation where reasonably required.

No employee or contractor may authorise additional work on behalf of the customer unless that person has the necessary authority. Emergency or safety-related work will not be charged beyond the approved scope without the authorisation required by applicable law.

16. Cancellation

A cancellation must be sent in writing. Subject to the CPA and other applicable law, the customer may be responsible for a reasonable cancellation charge reflecting work performed, assessments completed, non-returnable components, materials ordered, commitments made and other reasonable losses that cannot be avoided.

Custom-made, personalised, engraved or specially sourced items may not be cancellable once production or procurement has started, except where a mandatory legal right applies. Any refund will be calculated after lawful charges and amounts already due have been deducted.

17. Warranties and remedies

Blue White Medical warrants that its services will be performed with the degree of care, skill and quality required by applicable law. Any additional workmanship warranty, warranty period or product warranty will be stated in the quotation, service report, invoice or manufacturer documentation.

A warranty does not cover normal wear, consumables, misuse, impact, contamination, incorrect cleaning or sterilisation, unauthorised modification or repair, use contrary to instructions, incompatible accessories, power or environmental conditions, or a fault unrelated to the quoted work.

A warranty claim must be reported promptly with the relevant quotation, invoice, serial number and fault details, and the item must be made available for assessment. Where a valid warranty applies, the available remedy will be provided in accordance with the applicable warranty and mandatory law.

18. OEM and third-party products

Third-party products and components may be subject to an OEM or supplier warranty, licence, return process and availability conditions. Blue White Medical will pass through the benefit of an applicable supplier warranty to the extent it is entitled and able to do so.

We are not responsible for an OEM’s independent discontinuation, specification change, recall, supply delay or warranty decision, but this does not limit any responsibility Blue White Medical has under mandatory law.

19. Uncollected equipment and storage

The customer must collect equipment and goods within the period stated in the quotation or collection notice. If no period is stated, collection must take place within a reasonable period after notice that the item is ready.

After reasonable notice, Blue White Medical may charge a disclosed, reasonable storage fee. Uncollected property will not be sold, disposed of or treated as abandoned except through a process permitted by applicable law and after the notices reasonably required in the circumstances.

20. Intellectual property

Each party retains ownership of intellectual property it owned before the quotation. Ownership and permitted use of drawings, tooling, designs, software, prototypes and other intellectual property created for custom work will be as stated in the quotation or a separate written agreement.

Unless otherwise agreed, Blue White Medical retains its manufacturing know-how, processes, templates, generic designs and improvements. The customer retains its confidential specifications, trademarks and materials, and grants Blue White Medical the limited rights needed to perform the authorised work.

21. Confidentiality and privacy

Each party must take reasonable care of confidential technical and commercial information received for the transaction and use it only for the agreed purpose, except where disclosure is authorised or required by law.

Personal information is processed in accordance with Blue White Medical’s Privacy Policy. The customer should not include patient information or unnecessary special personal information with equipment or in ordinary email, forms or WhatsApp communications.

22. Liability

Nothing in these terms excludes liability that cannot lawfully be excluded, including liability arising from gross negligence where exclusion is prohibited, or mandatory rights under the CPA.

Subject to that qualification, neither party will be liable to the other for indirect, special or consequential loss that was not reasonably foreseeable when the quotation was accepted. Blue White Medical is not responsible for loss caused by inaccurate customer specifications, unauthorised modification, unsuitable use, failure to follow instructions, a pre-existing defect or an event outside its reasonable control.

Any transaction-specific limitation or insurance requirement must be stated in the quotation or a separate written agreement and will apply only to the extent permitted by law.

23. Events outside reasonable control

A party will not be liable for delay or failure caused by an event outside its reasonable control, including natural disaster, fire, epidemic, industrial action, power or network failure, transport disruption, supplier or OEM failure, shortage, import restriction, regulatory action or civil disturbance.

The affected party must take reasonable steps to limit the effect and resume performance. If the event continues for an unreasonable period, the parties should discuss a revised plan or lawful cancellation, including payment for completed work and committed non-recoverable costs.

24. Governing law, disputes and general

The quotation and these terms are governed by South African law. The parties should first try in good faith to resolve a dispute through their authorised representatives. This does not prevent either party from seeking urgent relief or using a regulator, ombud or court where entitled.

If a provision is unlawful or unenforceable, it will be limited or removed only to the extent necessary and the remaining provisions will continue. A waiver is effective only for the specific matter waived. Neither party may transfer its material rights or obligations without the other’s written consent, except as part of a lawful business transfer that does not reduce the other party’s rights.

25. Contact