TERMS AND CONDITIONS OF SALE OF MULTI-ED MEDICAL LIMITED
TERMS AND CONDITIONS OF SALE OF MULTI-ED MEDICAL LIMITED
IMPORTANT: 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 as 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:
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
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 program disc 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.
3.5 The Customer shall pay to the Company the price of the Goods prior to delivery. Once cleared funds have been received the Company shall arrange delivery of the Goods.
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 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 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 RETURN OF GOODS
Goods may be returned at any time and for whatever reason within 7 days after the date they were received by the Customer provided that such Goods remain sealed unless it is being returned as faulty. The Customer may have to pay the cost of returning their order unless it is being returned as faulty.
6 CANCELLATION OF GOODS
Under the Distant Selling Regulations the Customer may cancel the order within 7 days following the date it was received. To do this the Customer must either notify the Company by email or send a letter to the address stated above that the Goods are being returned under the “7 day cooling off period”. A refund will be made within 30 days of receiving the cancellation request. Further details of the Distant Selling Regulations can be found at:
http://ww.dti.gov.uk/CACP/ca/policy/distanceselling/newregs.htm
7 RISK AND RETENTION OF TITLE
7.1 As soon as the Company has delivered the Goods the Customer will be responsible for them.
7.2 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.
8 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.
9 WARRANTIES
9.1 All Goods are sold in accordance with the Company’s specification subject to any qualification or representation contained in the brochures, advertisements or other documentation.
9.2 The Company warrants that the Goods will correspond with their specification as stated in clause 7.1 at the time of delivery. The Company does not make any other promises or warranties about the Goods.
9.3 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.
9.4 If for any reason the Customer is not satisfied with the Goods the Customer should either reject the Goods on delivery or if a fault is found within a reasonable time subsequent to delivery the Company (subject to confirmation of the fault) shall exchange the Goods or refund the Customer in full.
10 LIMITATION OF LIABILITY
10.1 Except in respect of death or personal injury caused by the Company’s negligence, the Company shall not be liable to the Customer for any loss or damage caused by the Company or our employees or agents in circumstances where:
10.1.1 There is no breach of a legal duty of care owed to the Customer by the Company or by any of the Company’s employees or agents;
10.1.2 Such loss or damage is not a reasonably foreseeable result of any such breach;
10.1.3 Any increase in loss or damage resulting from breach by the Customer of any term of these Conditions.
10.2 The Company shall not in any event be liable for any loss related to any business of the Customer such as lost data, lost profits or business interruption.
10.3 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.
10.4 The Company does not exclude or restrict liability for death or personal injury resulting from its own negligence.
10.5 Subject to Clause 8.4 the Company’s liability for any breach of the terms of this Contract or otherwise will be limited to the value of the Goods purchased.
10.6 The Company shall accept no liability for the use of the Goods by the Customer other than in accordance with the Company’s instructions.
10.7 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.
11 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.
12 GENERAL
12.1 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.
12.2 The Customer may not assign any of its rights and obligations under this Contract without the Company’s consent in writing.
12.3 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.
12.4 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.
12.5 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.
12.6 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.
12.7 Any complaints regarding the Goods or the service received should be sent to Multied Medical Limited, 5 Pinfold Close, Bickerton, North Yorkshire, LS22 5JW.
12.8 It is important that the Customer reads and understands these Conditions. If there is any term that you the Customer does not understand or do not wish to agree to, then please discuss it with the Company’s representative.
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,