1. ACCEPTANCE OF ORDERS
1.1 These Terms and Conditions will apply to the purchase of the goods by you (the Customer or You). We are Intermedical (UK) Limited (The Company), a company registered in England and Wales under registration number 3456073 whose registered office is at 2 Exeter House, Beaufort Court, Sir Thomas Longley Road, Rochester, Kent, ME2 4FE. No other terms and conditions shall apply.
1.2 Each order received by the Company will be deemed to be an offer by the customer to purchase goods under these terms and conditions. A Contract will not exist until an order is accepted by the Company, either verbally or in writing. The Company reserves the right to refuse an order without providing a reason.
1.3 All contracts relating to the supply of goods by the Company are subject to these terms and conditions any variation to which must be previously agreed by the Company and in writing.
2. CUSTOMER’S AUTHORITY
2.1 Customers entering into a contract with the Company expressly warrant that they are authorised to accept these Terms and Conditions, not only for themselves but also as agents for and on behalf of all other persons for whom they may be acting and who may acquire an interest in the goods.
3. DETAILS AND SPECIFICATIONS
3.1 Details of the products offered for sale are as appear in the advertising and promotional literature provided by the Company or as appears in the Company website. The Company reserves the right to alter the specification of any product or to cease to offer any product without explanation or notification.
4.1 The price for the goods offered will be as appearing on Company price lists, advertising, website or special quotation and the Company reserves the right, pre contract, to change these without notice. The cost of packaging, carriage and any applicable taxes and duties will be added to the price where relevant. VAT will be added to UK orders at the standards rate. The Company will provide exemption declarations to those customers claiming relief from payment of VAT.
5.1 Our terms of payment are payment with order unless account facilities have been agreed by the Company, in which case payment is to be received thirty days from date of invoice unless otherwise agreed in writing. The Company reserves the right to charge interest on overdue accounts according to the provisions of the Late Payment of Commercial Debts (interest) Act 1998. The Company will suspend supply of goods against subsequent orders until the account is in accordance with agreed payment terms.
5.2 All payments and transactions are in UK pounds sterling only unless stated.
6. CANCELLATION OF ORDERS
6.1 The Company will make every effort to meet individual customer requirements but will not be under any obligation to accept cancellation or amendment of an order or any part of an order. If cancellation or amendment of an order is agreed by the Company, it is on the understanding that a cancellation or amendment charge may be applied. This will depend upon the individual circumstances of the case.
7. DELIVERY AND CARRIAGE COSTS
7.1 All orders will be dispatched by the most appropriate route to be decided by the Company. If a customer requests a special delivery arrangement, this will be for the account of the customer and will be the entire cost of the delivery regardless of the order size or value of the order.
7.2 Delivery will be to the address advised to the Company and will be to the front door / reception desk on the ground floor. Any difficult delivery situations must be advised to the Company at the time of placement of the order and may attract additional delivery charges.
7.3 The Company will endeavour to deliver goods according to a delivery lead time advised at placement of the order, and, if no time has been agreed, within a reasonable time. Time of delivery will not be deemed to be of the essence. If, despite it’s best endeavours, the Company is unable for any reason to fulfil any advised delivery date, the Company will not be in breach of the contract, nor, (for the avoidance of any doubt), will the Company have any liability to the customer for any direct or 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 any order and receive a refund of any monies paid unless the customer has notified the Company that delivery of the goods is required within 14 days of the notification and the company has not fulfilled delivery within that period. The customer shall have no other remedy in respect of late delivery.
8. RENTENTION 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 monies due to the Company from the customer. After the goods have been delivered to and received by the customer, or his nominated sub purchaser, risk shall pass to the customer who shall insure the goods against loss or damage until such time as full payment has been received.
8.2 Until such time as title has passed to the customer in accordance with the foregoing provision, the Company shall be at any time entitled to repossess the goods with or without notice and the Company or it’s 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
9.1 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 OR WARRANTY PERIOD
10.1 Goods are supplied according to the descriptions and specifications given in the relevant and current brochures and other promotional literature provided by the Company. The Company gives no warranty and makes no representation as to the suitability or fitness of any goods for any particular purpose unless expressly given or made in such brochures or promotional literature.
10.2 The Company will, free of charge, within a period of three months from the date of delivery of goods which are proved to the reasonable satisfaction of the Company to be damaged or fail to comply with such descriptions and specifications in the Company’s brochures due to defects in material, workmanship or design, repair, or at its option replace such goods. Any damage or defect must be reported within such period, in writing, to the Company at the offices from which the goods were despatched. This obligation on the part of the Company will not apply where:
10.2.0 The goods have been improperly altered in any way whatsoever, or have been subject to misuse or unauthorised repair.
10.2.1 The goods have been improperly installed or connected by the customer.
10.2.2 The goods have been opened, partly used, or the seals or labels have been removed or tampered with
10.2.3 The goods have been damaged by fire, water or smoke.
10.2.4 The goods have (where applicable) exceeded the guarantee or warranty period.
10.2.5 The goods are sterile and/or disposable.
10.2.6 Any maintenance requirements have not been complied with.
10.2.7 The goods are not usually in the Company’s brochures and have been especially ordered and purchased for the customer
10.2.8 Any instructions as to storage of the goods have been ignored, or
10.2.9 The customer has failed to notify the Company of any defect or suspected defect within 7 days of delivery where the defect should be apparent upon reasonable inspection, and in any case no later than 3 months from the date of delivery.
10.3 Any returned goods must be marked with a return authority number (RAN) which will be supplied by the Company and should be accompanied by a written explanation for the reason for return.
10.4 The complete packaging must be retained in case of suspected pilfering or if breakage has occurred. If pilfering is suspected, the Company’s carriers and the Company must be notified immediately.
10.5 The complete packaging materials should be retained where it is a warranty condition to do so, i.e. in cases where equipment may have to be returned for service or repair at regular intervals.
11.1 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.
12 NON-FAULTY RETURNED GOODS
12.1 Goods are NOT supplied on a sale or return basis. Returns of non-faulty goods, which must be in whole original packs supplied directly by the Company, will be accepted only with the prior agreement of the Company. In the event of a Customer not being entirely satisfied with any goods received, notification must be received in accordance with condition 10. Failure to do so will result in delay or refusal to issue a credit or refund. Please note that items which have been made to order or have been especially purchased for the customer will not be accepted for refund unless faulty in accordance with condition 10. Consumables and/or disposables of any form, once opened, will not be accepted for refund or exchange. Such goods are to be returned at the senders risk and responsibility. Evidence of despatch and of adequate insurance might be required. The Company does not accept responsibility for non-faulty goods lost in return transit.
12.2 Non-Faulty goods authorised for return within 14 days of receipt will be refunded in full. The Company reserves the right to levy a restocking fee of 20% if non-faulty goods are returned for credit only. Any refund or credit issued for this reason will not be inclusive of the delivery charges originally paid.
12.3 Faulty goods accepted by the Company for exchange will not be subject to any handling or restocking charge.
13 LIABILITY OF THE COMPANY
13.1 The 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.
13.2 The Company does not exclude its liability (if any) to the customer for:
13.2.1 any 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
13.2.2 for personal injury or death resulting from the Company’s negligence
13.2.3 under section 2(3) Consumer Protection Act 1987
13.2.4 any matter for which it would be illegal for the Company to exclude (or attempt to exclude) its liability; or
13.2.5 for fraud
14 PROPER LAW
These Terms and Conditions and any Contract shall be governed by and construed according to the law of England and the customer submits to the jurisdiction of the English courts