TERMS AND CONDITIONS OF SALE OF MULTI-ED MEDICAL LIMITED
TERMS AND CONDITIONS OF SALE OF MULTI-ED MEDICAL LIMITEDIMPORTANT: EACH TERM SHOULD BE READ CAREFULLY.
THESE TERMS STRICTLY LIMIT OR DEFINE THE PARTIES OBLIGATIONS.
These Conditions comprise all the terms of the Contract between the Customer and the Company for the Goods described either (a) on the Website and communicated to the Company electronically by clicking on the ‘Submit’ button, or (b) in the Company’s literature, brochures or advertisements. If you click the ‘Submit’ button, or accept or use the Goods, you shall be deemed to accept these Conditions, despite anything to the contrary stated in your order.
A contract shall come into effect when:
(a) the Company responds to the Customer by email upon receipt by the Company from the Customer of an order using the website specifying the Goods that the Customer wishes to purchase;
or
(b) if the Customer has requested not to receive a confirmatory email, or alternatively if the Goods are ordered by telephone or by post, on the Company entering the Customers order into the order book after receiving the Customers order specifying the Goods that the Customer wishes to purchase.
1 DEFINITIONS
1.1 In this Contract:
“Company” means Multi-ed Medical Limited of 5 Pinfold Close, Bickerton, North Yorkshire, LS22 5JW.
“Conditions” means the terms and conditions set out in this Contract.
“Contract” means a contract between the Customer and the Company incorporating these terms and conditions.
“Customer” means the person or firm who purchases the Goods from the Company.
“Due Date” means the date for payment for the Goods stated in Paragraph 3.5 of these Conditions.
“Goods” means the interactive patient education programs sold by the Company to the Customer.
1.2 Any reference in this Contract to any provision of a statute shall include any subsequent amended provision, re-enactment or extended provision relevant at any time.
1.3 The headings in this Contract are for convenience only and shall not affect its interpretation.
2 CONTENT OF CONTRACT
2.1 No variation of the Contract shall have effect unless agreed in writing by the Company and the Customer.
2.2 Unless agreed in writing by the Company and the Customer every sale of Goods by the Company to the Customer shall be governed by the Conditions and these Conditions shall prevail over any terms and conditions of the Customer.
2.3 No employee of the Company has authority to make any warranty statement or promise concerning the Goods except in writing signed by a duly authorised officer.
2.4 The Company reserves the right to make any changes in the specification of the Goods which are required to conform with any applicable safety or other statutory requirements or which do not materially reduce the quality or performance of the Goods or which reflect changes in the specification of the manufacturer of the Goods.
2.5 The Company reserves the right to decline to fulfil any order made by a Customer for Goods.
2.6 The Company reserves the right at the Company’s discretion to require payment in advance for orders placed by the Customer.
3 PRICES AND CONDITIONS OF SALE
3.1 The price of the Goods shall be the price quoted on the web-site or the literature of the Company as amended from time to time.
3.2 Unless otherwise agreed in writing all prices are net and exclusive of value added tax and any applicable delivery charges.
3.3 All payments shall be made in sterling. Payments shall either be made by cheque made payable to Multi-ed Medical Limited and posted to 5 Pinfold Close, Bickerton, North Yorkshire, LS22 5JW, made by credit card using the facilities on the web-site or by credit card when ordering over the phone.
3.4 The Company reserves the right to increase the price of the Goods to reflect any increase in the cost to the Company which is due to any factor beyond the control of the Company and/or any change in delivery dates or quantities which is requested by the Customer.
4 DELIVERY
4.1 The Company shall deliver the Goods by post to the Customer upon receipt of cleared funds from the Customer. A minimum of 28 days from receipt of cleared funds should be allowed for such delivery.
4.2 Any dates quoted for delivery of the Goods are approximate only and the Company shall not be liable for any delay in delivery of the Goods. Times for delivery shall not be of the essence unless previously agreed by the Company in writing. The Goods may be delivered by the Company in advance of the quoted delivery date.
4.3 Where the Goods are to be delivered in instalments, each delivery shall constitute a separate contract and failure by the Company to deliver any one or more of the instalments in accordance with these Conditions or any claim by the Customer in respect of any one or more instalments shall not entitle the Customer to treat the Contract as a whole as repudiated.
4.4 If the Company fails to deliver the Goods for any reason other than any cause beyond the Company’s reasonable control or the Customer’s fault, and the Company is accordingly liable to the Customer, the Company’s liability shall be limited to the price of the Goods.
4.5 It is the express responsibility of the Customer to inspect the Goods immediately upon their delivery. The Customer shall notify the Company within 14 days of delivery in respect of any damage to the Goods, shortfall or incorrect specification being delivered. If the Customer does not notify the Company within 14 days following delivery the Goods shall be deemed in accordance with the order placed by the Customer and completely satisfactory.
5 RISK AND RETENTION OF TITLE
5.1 Risk of damage to or loss of the Goods shall pass to the Customer upon delivery of the Goods to the Customer.
5.2 Title in the Goods shall not pass to the Customer until the Company has received in cash or cleared funds payment in full of the price of the Goods and all other amounts due to the Company by the Customer.
6 FORCE MAJEURE
The Company shall have no obligation to deliver if delivery is delayed hindered or prevented by any circumstances beyond the Company’s control including but not limited to strikes, lockouts or other industrial action, civil disturbance, war, fire, explosion, storm, flood, tempest or other natural disasters, seizure, arrest or requisition government regulations, restrictions shortage, sub-contractor failure or any act of terrorism.
7 WARRANTIES
7.1 Subject to the conditions set out below the Company warrants that the Goods will correspond with their specification at the time of delivery.
7.2 The above warranty is given by the Company subject to the following conditions:-
7.2.1 the Customer shall be responsible for ensuring that the Goods are fit for the purpose for which it wishes to use them and the Company gives no warranty (and none shall be implied) that the Goods are fit for any particular purpose;
7.2.2 the Company shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow the Company’s instructions (whether oral or in writing), misuse or alteration or repair of the Goods without the Company’s approval;
7.2.3 the Company shall be under no liability under the above warranty (or any other warranty, condition or guarantee) if the total price for the Goods has not been paid by the Due Date for payment.
7.3 Subject as expressly provided in these Conditions, all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
7.4 Any claim by the Customer which is based on any defect in the quality of condition of the Goods or their failure to correspond with specification shall (whether or not delivery is refused by the Customer) be notified to the Company within three days from the date of delivery or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure. If delivery is not refused, and the Customer does not notify the Company accordingly, the Customer shall not be entitled to reject the Goods and the Company shall have no liability for such defect of failure, and the Customer shall be bound to pay the price as if the Goods had been delivered in accordance with the Contract.
7.5 Where any valid claim in respect of any of the Goods which is based on any defect in the quality or condition of the Goods or their failure to meet specification is notified to the Company in accordance with these Conditions, the Company shall be entitled to replace the Goods (or the part in question) free of charge or, at the Company’s sole discretion, refund to the Customer the price of the Goods (or a proportionate part of the price).
8 LIMITATION OF LIABILITY
8.1 Except in respect of death or personal injury caused by the Company’s negligence, the Company shall not be liable to the Customer by reason of any representation, or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any consequential loss or damage (whether for loss or profit or otherwise), costs, expenses or other claims for consequential compensation whatsoever (and whether caused by the negligence of the Company, its employees, or agents or otherwise) which arise out of or in connection with the supply of the Goods or their use or resale by the Customer, except as expressly provided in these Conditions.
8.2 The Company shall have no liability to the Customer in respect of damaged or defective Goods where damage has been sustained in transit after delivery of the Goods to the Customer or its agents.
8.3 The Company does not exclude or restrict liability for death or personal injury resulting from its own negligence.
8.4 Except where otherwise contained in these conditions the Company has no obligation duty or liability in contract tort (including negligence or breach of statutory duty) or otherwise.
8.5 Subject to Clause 8.3 the Company’s liability for any breach of the terms of this Contract or otherwise will be limited to the value of the Goods in this Contract purchased by the Customer from the Company.
8.6 The Company shall accept no liability for the use of the Goods by the Customer other than in accordance with the Company’s and/or the manufacturer’s instructions.
8.8 The Customer will indemnify the Company against all loss, damages, costs and expenses awarded against or incurred by the Company in connection with any claim paid or agreed to be paid by the Company as a consequence of the Consumer Protection Act 1987.
9 INTELLECTUAL PROPERTY RIGHTS
The specification and design of the Goods, including the copyright, design right or other intellectual property in them shall as between the parties be the property of the Company. The Customer will not use any the Company trade marks, logos, trade names or any other intellectual property rights without the prior written permission of the Company.
10 GENERAL
10.1 No waiver by the Company of any breach by the Customer shall be considered as a waiver of any subsequent breach of the same or any other provision.
10.2 The Customer may not assign any of its rights and obligations under this Contract without the Company’s consent in writing.
10.3 If any of these Conditions is held invalid or unenforceable in whole or in part the validity of the remaining Conditions and the remainder of the provision in question shall not be affected.
10.4 Words importing the masculine shall include the feminine and neuter and vice versa Words importing the singular shall include the plural and vice versa and words.
10.5 This Contract shall be governed by the laws of England and the Customer agrees to submit to the non exclusive jurisdiction of the English courts.
10.6 For the avoidance of doubt nothing in these Conditions shall confer on any third party any benefit or the right to enforce any term of this Agreement.
Multi-ed Medical Ltd, 5 Pinfold Close, Bickerton, North Yorkshire LS22 5JW, UK
Tel: +44 (0) 845 606 7606 Email: info@multi-ed.com
Multi-ed Medical Ltd,