|
Below are listed our terms and conditions of sale and it is important
that you read and understand them. If you have any queries we would be
happy to answer them on 01992 628000.
1. ACCEPTANCE OF ORDERS
1.1 These Terms and Conditions shall apply to all orders for
goods received by Standard Medical Ltd 'the Company' for supply in the
United Kingdom. No other conditions whether or not inconsistent with
these Terms and Conditions shall apply.
1.2 Each order for goods will be deemed to be an offer by the customer
to purchase the goods upon these Terms and Conditions (the 'Order'). A
contract shall not be formed until the customer's order is accepted in
writing by the Company (the 'Contract').
1.3 All Contracts are subject to these Terms and Conditions. No
variation of these Terms and Conditions will be accepted by the Company
unless previously agreed in writing. The Company reserves the right to
refuse any Order without providing a reason.
1.4 Goods are subject to availability, in the event that we are unable
to supply the goods, we will inform you of this as soon as possible. An
alternative will be offered or a full refund will be given where
payment has already been received by the Company for those Goods.
2. CUSTOMER'S AUTHORITY
Customers entering into transactions with the Company expressly
warrant that they are authorised to accept and are accepting these
Terms and Conditions not only for themselves but also as agents for and
on behalf of all other persons who are, or may become, interested in
the Company's goods, whether in whole or part.
3. DETAILS AND SPECIFICATIONS
Details and specifications are correct at time of publication but
may be changed without prior notice. We will be pleased to check the
latest specification of goods for you at the time of ordering. The
Company reserves the right to alter specifications of any given product
and to withdraw any item without explanation or notification. All
Images are for illustration only.
4. PRICES
The price for the goods will be the price set out in the Company's
current brochures or websites, the Company reserves the right to change
any price without notice. Costs of packaging and carriage and any
applicable sales tax or duty will be added to the price where relevant.
All prices quoted are subject to VAT at the prevailing standard rate.
Any organisations that are exempt from VAT must provide a validated
certificate at the time of ordering.
5. PAYMENT
5.1 All payments for goods or services shall be made by the
Customer to the Company within 30 days from the date of each and every
invoice.
5.2 The Company may, at its sole discretion, accept payments by credit, debit card or BACS.
5.3 If any sum payable is not paid when due for example, by failure of
the direct debit payment, that sum will bear interest from the due date
until payment is made in full at 4% above HSBC Bank Plc base rate from
time to time and the Company will be entitled to suspend delivery of
subsequent Orders and any agreed discounts until the outstanding amount
has been received.
6. CANCELLATION OF ORDERS
The Company will use all reasonable endeavours to meet Customers'
individual requirements but the Company shall be under no obligation to
accept cancellation or other amendment to any order or any part of an
Order once accepted by the Company. Where the Company accepts such
cancellation or amendment to an Order, it is on the understanding that
a reasonable cancellation or amendment charge may be levied at the
Company's sole discretion.
7. DELIVERIES AND CARRIAGE
7.1 All Orders will be despatched by the most appropriate route.
Where a customer suggests an alternative route or places an Order
outside the normal schedule, the Company shall have the right to charge
the entire cost of delivery, irrespective of the value of the Order.
7.2 Deliveries will be made to the Customer's nominated delivery
address. Any special delivery requirements or difficulties in
delivering (e.g. narrow doorways, stairs, and restricted access) should
be made known to the Company at the time of placing the Order and may
be subject to additional costs. The Company cannot accept
responsibility for any difficulties in delivery as a consequence of
information or lack of information supplied by the customer.
7.3 The Company will use reasonable endeavours to deliver each of the
Customer's Orders for the goods within the time agreed when the Company
accepts an Order and, if no time is agreed, then within a reasonable
time, but the time of delivery is not of the essence. If, despite those
endeavours, the Company is unable for any reason to fulfil any delivery
on the specified date, the Company will not be deemed in breach of the
Contract, nor (for the avoidance of doubt) will the Company have any
liability to the customer for direct, indirect or consequential loss
howsoever caused (including as a result of negligence) by any delay or
failure in delivery. Any delay in delivery will not entitle the
customer to cancel the Order or to receive a refund of any monies paid
unless and until the customer has given 14 days' notice to the Company
requiring the delivery to be made and the Company has not fulfilled
delivery within that period. The customer shall have no other remedy in
respect of late delivery.
8. RETENTION OF TITLE
8.1 All goods supplied by the Company to the customer shall remain
the property of the Company until such time as the Company has received
payment in full for the goods and of all other moneys due to the
Company from the Customer. After delivery of the goods to the Customer
or his nominated sub purchaser, the goods shall be at the customer's
risk and the customer shall insure those goods against loss or damage.
Until such full payment is received the separate identity of those
goods shall be maintained by the Customer.
8.2 Until such time as title of the goods shall pass to the customer in
accordance with the foregoing provision, the Company shall be entitled
at any time to repossess the goods whether with or without notice and
the Company and its employees or agents shall have the right at any
time to enter upon the premises of the Customer for the purpose of
effecting such repossession.
9. FORCE MAJEURE
The Company will not be liable to the Customer for any failure or
delay in delivery of the goods if it is due to any event beyond the
reasonable control of the Company. The Company will be entitled to a
reasonable extension of time for performing such obligations and shall
not be liable for any loss or damage occasioned to the Customer
thereby.
10. WARRANTY AND WARRANTY PERIOD
10.1 Goods are supplied according to the descriptions and
specifications given in the relevant and current brochures of the
Company. The Company gives no warranty and makes no representation as
to the suitability of fitness of any goods for any particular purpose
unless expressly given or made in such brochures or websites.
10.2 In the event that an item is defective within the meaning of the
Sale of Goods Act 1979 (as amended from time to time) the Company
reserves the right to replace or repair the goods as an alternative to
refunding the purchase price, at its absolute discretion.
10.3 Claims will not be considered where:
10.3.1 the goods have been improperly altered in any way whatsoever, or been subject to misuse or unauthorised repair;
10.3.2 the goods have been improperly installed or connected;
10.3.3 the goods have been opened, partly used or the seals or labels have been removed or tampered with;
10.3.4 the goods have been damaged by fire, water, smoke or chemicals;
10.3.5 any maintenance requirements relating to the goods have not been complied with;
10.3.6 the goods have been specifically ordered by the Customer and are not stocked by the Company;
10.3.7 any instructions as to the storage of the goods have not been complied with in all respects;
10.3.8 the Customer has failed to notify the Company of any visible or
suspected defects or damage within 3 days of delivery where the defect
or damage should be apparent on reasonable inspection, or within 5 days
of the same coming to the knowledge of the Customer where the defect or
damage is not one which should be apparent on reasonable inspection.
10.4 Any returned goods must be accompanied by a returns note, which
the Company will supply to the Customer upon request. Failure to do so
will render any claim for credit null and void. Any credit will only be
raised after satisfactorily passing inspection by the Company's
distribution centre.
10.5 The complete packaging should be retained if pilfering is
suspected or if a breakage has occurred. If pilfering is suspected the
Company and the carriers should be notified immediately. Claims cannot
be considered unless these conditions are observed.
10.6 Except as set out in this condition 10, the Company hereby
excludes to the fullest extent permissible in law, all conditions,
warranties and stipulations, express (other than those set out in the
Contract) or implied, statutory, customary or otherwise which, but for
such exclusion, would or might subsist favour of the Customer.
11. CARRIAGE CHARGES
11.1 The Company reserves the right to make a small order charge of
£7.00 ex VAT (£8.23 inc VAT) towards the carriage of orders under
£120.00 ex VAT (£141.00 inc VAT).
11.2 Any orders that are not to main land UK may incur additional
costs. These will be advised to the Customer prior to the Order being
despatched.
11.3 Goods shipped direct from suppliers may be subject to additional
carriage charges. Any additional charges will be advised prior to the
Order being despatched to the Customer.
12. NON-DELIVERY
In the event of non-arrival of goods, Customers must inform the
Company within 14 days of the date of the invoice or advice of
despatch, otherwise no claim can be considered.
13. NON FAULTY RETURNED GOODS
13.1 Goods are not supplied on a sale or return basis. If any Goods
are returned, the Goods must be unused and in original packaging and
fit for resale. Returns will only be accepted with prior written
permission of the Company. This must be obtained within 5 working days
of date of despatch.
13.1.1 In the event of Customer not being entirely satisfied with any
goods received, notification must be made in accordance with condition
10. Failure to do so will result in credit/refunds not being issued.
13.1.2 Items made to Customer's own specification or have been
specifically ordered will not be accepted for return unless faulty in
accordance with condition 10. Unless agreed with supplier such returns
are subject to any charges and transit costs imposed by suppliers.
13.1.3 the Company accepts no responsibility for goods lost during transit.
13.1.4 no replacements are available whilst goods are exchanged, replaced or repaired.
13.1.5 goods will not be acceptable for return if they have been
relabelled or used in any way, or if any tamper evident seals have been
broken. A returns note in accordance with condition 10.4 needs to be
provided by the customer in connection with all returns of non-faulty
goods.
13.2 Credits will normally be allowed on authorised returns as follows:
13.2.1 goods authorised for return within 5 working days of despatch - 100% allowance.
13.2.2 any other goods - no allowance.
13.2.3 customers outside of the UK, the 5 day rule applies from date of receipt not despatch.
13.3 Non faulty goods accepted at the Company's discretion for credit
will be subject to a handling charge at a rate of 25% on net invoice
value or a minimum of handling charge of £15.00.
14. LIABILITY OF THE COMPANY
14.1 The Company's entire liability under these Terms and
Conditions and any Contract is as set out in conditions 7 and 10. The
Company will be under no liability to the Customer whatsoever (whether
in contract, tort (including negligence), breach of statutory duty,
restitution or otherwise) for any injury, death, damage or direct,
indirect or consequential loss (all three of which terms include,
without limitation, pure economic loss, loss of profits, loss of
business, depletion of goodwill and like loss) howsoever caused arising
out of or in connection with:
14.1.1 any of the goods, or the manufacture or sale or supply, or
failure or delay in supply, of the goods by the Company or on the part
of the Company's employees, agents or sub-contractors;
14.1.2 any breach by the Company of any of the express or implied terms of the contract with the Customer;
14.1.3 any use made or resale by the Customer of any of the goods, or of any product incorporating any of the goods; or
14.1.4 any statement made or not made, or advice given or not given, by
or on behalf of the Company or otherwise under a Contract and these
Terms and Conditions.
14.2 The Company does not exclude its liability (if any) to the Customer for:
14.2.1 for breach of the Company's obligations arising under section 12
Sale of Goods Act 1979 or section 2 Sale and Supply of Goods and
Services Act 1982;
14.2.2 for personal injury or death resulting from the Company's negligence;
14.2.3 under section 2(3) Consumer Protection Act 1987;
14.2.4 for any matter which it would be illegal for the Company to exclude (or to attempt to exclude) its liability; or:
14.2.5 for fraud.
15. PROPER LAW
These Terms and Condition and any Contract shall be governed by &
construed according to the law of England and the Customer submits to
the jurisdiction of the English courts. These Terms and Conditions will
prevail over any conditions that shall be issued by the customer.
Customers should not rely on any representations made by staff of the
Company as they do not form part of the Contract or collateral
contract.
16. CUSTOMERS DEALING AS CONSUMERS
Where a Customer 'deals as a consumer' as defined in Section 12(1)
of the Unfair Contract Terms Act 1977 (as amended) these Terms and
Conditions are subject to the Consumer's statutory rights, including
but not limited to the Consumer Protection (Distance Selling)
Regulations 2000. The Company shall in no way be entitled to exclude or
limit such statutory rights.
17. COMPANY DETAILS
Trading as: Standard Medical Ltd, Rowan House, Delamare Road, Cheshunt, Herts, EN8 9SP.
VAT no: GB 782 5854 87
Company Registered Number 04311164.
|
