Garner Medical Limited - Conditions of Sale

 

These conditions do not affect the customer's statutory rights.

'The company' refers to Garner Medical Limited.

 

General

All quotations are made and all orders are accepted subject to the following condition:

1.1)               Quotations shall be available for acceptance for a maximum period of 30 days from the date thereof and may be withdrawn by the company within such period at any time by written or oral notice.

 

Delivery

2.1)               The company will endeavor to deliver the goods as arranged with the customer and delivery dates are given as accurately as possible but cannot be guaranteed.  The customer shall not be entitled to cancel the order or to claim damages if the company is not able to deliver on the delivery date arranged.

2.2)               Alterations to the order by the customer may result in delay in delivery.

2.3)               The company will endeavor to comply with reasonable requests by the customer for postponement of delivery but shall be under no obligation to do so and may charge the customer with reasonable charges for storage.

 

Return of Goods

3.1)               The customer shall not be entitled to return the goods supplied for any reason other than under the warranty conditions or in accordance with the customer's statutory rights.

3.2)          If the customer wishes to return goods post dispatch and their statutory rights have not been contravened, any subsequent re-stocking fees imposed upon the company by the good's manufacturer may in turn be charged to the customer.

 

Title

4.1)               Ownership of the goods supplied shall only pass to the customer when the customer has paid to the company all sums due and payable under the order and until that time the company may recover the goods at any time.

4.2)               Responsibility for the condition of the goods rests with the customer from the time of delivery.  The company reserves the right to recover, from the customer, any costs arising from damage to goods sustained whilst in the possession of the customer.

 

Prices and V.A.T.

5.1)               If any alterations to the specifications of the goods ordered is requested by the customer and agreed by the company an appropriate alteration in the price for the goods may be made by the company.

5.2)               Goods supplied to individual disabled persons at present are not subject to V.A.T. but V.A.T. may be charged in the event of a change in the law.  The company will require a signed declaration of disability.

 

Terms of Payment

6.1)               Unless otherwise agreed by the company in writing, the terms of payment shall be the total amount invoiced, payable 14 days from date of invoice.

6.2)               The company understands and will exercise its statutory right to claim interest and compensation for debt recovery costs under the late payment legislation if we are not paid according to the company's credit terms.

6.3)               No disputes arising under the contract nor delays beyond the reasonable control of the company shall interfere with prompt payment in full by the customer.

6.4)               In the event of default in payment by the customer the company shall be entitled to suspend all further deliveries on any contract or contracts between the company and the customer without notice.

 

Warranty

7.1)              In the event of a defect occurring during the warranty period of goods supplied, the customer must contact the company immediately giving full information as to the problem.  No use must be made of the goods and no alteration or unauthorised repairs made prior to inspection by the company.

7.2)              Under normal circumstances, no responsibility will be accepted where the goods have required repair or replacement as a direct result of:

a)               The goods or part not having been maintained in accordance with the manufacturer's recommendations

b)            The goods or part having been damaged by neglect, accident or improper use

c)              The goods or part having been altered from the manufacturer's specifications, or repairs having been attempted prior to the              

               designated repair being notified.

d)            Fair wear and tear

 

Force Majeure

8.1)              Neither party shall be under any liability for any delay, loss or damage caused wholly or part by act of God, governmental restriction condition or control or by reason of any act done or not done pursuant to a trade dispute whether such dispute involves its employers or not or by reason of any other act, matter or thing beyond its reasonable control, including failure by the other party to carry out the provision of these conditions.