Terms & Conditions
Terms & Conditions for Sale of Goods
In this document the following words shall have the following meanings:
1. "Buyer" means the organisation or person who buys Goods
2. "Goods" means the articles to be supplied to the Buyer by the Seller;
3. "Seller" means Global Medical Ltd Unit 6, Bluebird House Povey Cross Road
Horley Surrey. RH6 0AF
1. These Terms and Conditions shall apply to sales of Goods by the Seller to the Buyer to the exclusion of all other terms and conditions referred to, offered or relied on by the Buyer whether in negotiation or at any stage in the dealings between the parties, including any standard or printed terms tendered by the Buyer, unless the Buyer specifically states in writing, separately from such terms, that it wishes such terms to apply and this has been acknowledged by the Seller in writing.
2. Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
3. The receipt of an order form from the Buyer will constitute an agreement by the Buyer to abide by the terms and conditions herein.
3. Price and Payment
1. The price shall be the price, agreed in writing, between the Buyer and the Seller. The price is exclusive of VAT or any other applicable costs.
2. Payment of the price and VAT and any other applicable costs shall be due within 30 days of the date of the invoice supplied by the Seller, unless otherwise agreed in writing. In cases where credit is not offered payment will be required before release of goods by the Seller.
3. The Seller will not charge the Buyer for costs associated with normal delivery of Goods as described under these terms and conditions for purchases of £75 and over. The Buyer will be charged for delivery on purchases totalling less than £75 unless the seller has given prior written agreement not to charge.
Any description given or applied to the Goods is given by way of identification only and the use of such description shall not constitute a sale by description. For the avoidance of doubt, the Buyer hereby affirms that it does not in any way rely on any description when entering into the contract.
5. Delivery Unless otherwise agreed in writing, delivery of the Goods shall take place at the address specified by the Buyer within 48 hours (excluding weekends& public holidays) of placing the order for orders placed before 3pm Mon-Fri. The Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. The Seller will assume that, unless informed otherwise, the Buyer is able to take delivery of Goods between the hours of 9am – 6pm Mon-Fri excluding public holidays. The Seller must comply with all the trade standards, regulations and legalities concerning manufacturing, packaging and delivery of goods and services.
Risk in the Goods shall pass to the Buyer upon receipt of the goods. Where the Buyer chooses to collect the Goods itself, risk will pass when the Goods are entrusted to it or set aside for its collection, whichever happens first.
Title in the Goods shall not pass to the Buyer until the Seller has been paid in full for the Goods.
8. Return of Unused Goods
1. All goods are sold on a firm sale basis, i.e. the Seller will not take back any goods not required by the Buyer, unless otherwise agreed, in which case the following terms apply.
2. Any returns must be authorised by a representative of the Seller before any credit will be given.
3. Where the Seller agrees to accept the return of goods that are not damaged the Buyer will be responsible for the cost of carriage and will ensure that they are carefully packaged to avoid any damage in transit. The Seller will not be obliged to accept any goods that are damaged in any way.
4. Credit of amounts due or paid in will only be given for goods that are in saleable condition.
9. Intellectual Property Rights
All Intellectual Property Rights produced from or arising as a result of the performance of this Agreement shall, so far as not already vested, become the absolute property of the Seller, and the Buyer shall do all that is reasonably necessary to ensure that such rights vest in the Seller by the execution of appropriate instruments or the making of agreements with third parties.
10. Force Majeure
The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations. If the delay persists for such time as the Seller considers unreasonable, it may, without liability on its part, terminate the contract.
11. Relationship of Parties
Nothing contained in these Terms and Conditions shall be construed as establishing or implying any partnership or joint venture between the parties and nothing in these Terms and Conditions shall be deemed to construe either of the parties as the agent of the other.
12.Assignment and Sub-Contracting
The contract between the Buyer and Seller for the sale of Goods shall not be assigned or transferred, nor the performance of any obligation sub-contracted, in either case by the Buyer, without the prior written consent of the Seller.
13. Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of England and the parties hereby submit to the exclusive jurisdiction of the English courts.