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Conditions of Sale and Trading
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1. Definitions
In these Conditions "the Seller" means Summit Medical Ltd. "the Buyer" means the
person, firm, company or other body
purchasing the goods, materials or services, "the Product" the
subject of the Contract between the Seller and the Buyer
2. Exclusive Effect
An Order made by the Buyer is made subject to these
Conditions and his signature to the Order indicates that he has
read and approved and fully accepts these Conditions of Sale
and the design, layout and specifications submitted. No variation
of these Conditions shall be effective unless evidenced in writing
and signed by a Director of the Seller No other representative
of the Seller has power to vary or waive them.
3. Price
(1) Prices quoted are ex-warehouse and those prevailing at the
date of the dispatch. The price quoted is subject to change
without notice. Any increase in or reduction to the cost on
the Quotation caused by a genuine error or omission or for
any reason beyond the control of the Seller, shall be
accepted by the Buyer
(2) All prices are, where relevant, subject to Value Added Tax at
the rate prevailing at the time of invoicing.
(3) Any work earned out by the Seller at the request of the
Buyer which is not included in the original Quotation, shall be
paid for separately and not as an inclusive figure unless
otherwise agreed in writing by the Seller
4. Payment
On the terms and subject to the stipulations which shall be
strictly observed by the Buyer. Payment will be in the currency
indicated on the sales invoice. The Seller reserves the right to
charge statutory interest at the rate of 8°& over the current Bank
of England base rate per month on overdue accounts. Payment
terms are 30 days from the date of invoice unless otherwise
agreed in writing.
5. Delivery
(1) It is the Buyers responsibility to arrange all deliveries unless
otherwise agreed in writing.
(2) The Seller will use its best endeavors to adhere to delivery
dates quoted but time shall not be of the essence of the
contract. In no circumstances shall the Seller be liable for
loss or damage arising from any delay in delivery howsoever
caused.
(3) If the Buyer is unwilling or unable to accept the delivery on
the date when it falls due, the Seller shall nevertheless have
the right, in addition to any oilier rights granted by these
Conditions, to make an additional delivery charge.
6. Performance
(1) All particulars, illustrations, descriptions, specifications and
drawings contained in the Seller's brochures, catalogues, price
lists and other advertising matter are intended merely to
present an idea of the goods and/or services described
therein. The seller shall not be liable for any variation of
goods and/or services from those specified in such
advertising matter.
(2) The supply of goods does not include installation, electrical,
or other work unless specifically included in the Schedule
attached to the Quotation. The Seller is under no obligation
to install the goods unless otherwise agreed in writing.
(3) Where the Quotation so requires, the Seller undertakes to
carry out any installation works with the utmost care but
shall not be held liable for accidental breakage or other
damage howsoever occurring (except that occurring as a
result of the negligence of the Seller its servants or agents).
(4) In the event of any goods requiring attention or exchange
after completion of the installation for reasons not the fault
of the Seller whether carried out by the Seller or otherwise,
the Buyer shall be responsible for payment in respect to the
additional costs incurred as a result of such work.
7. Drawings
Drawings prepared by the Seller in connection with designs that
formed the basis of Quotations remain the property of the
Seller and shall not be reproduced or used other than in the
course of work being carried out by the Seller The copyright
therein shall belong to the Seller
8. Property and Risk
(1) The risk for insurance and other purposes in the goods shall
pass to the Buyer ex-warehouse.
(2) Notwithstanding delivery and passing of risk the property in
the goods supplied by the Seller under this contract shall
remain in the Seller until the Buyer has paid all monies owed
by it to the Seller under this or any other contract or
otherwise.
9. Liability for defective goods and or services
(1) Without prejudice to the Buyer's statutory rights. If any
goods, or services supplied by the Seller under this Contract
are found to be defective due to faulty materials supplied by
the Seller and/or workmanship of the Seller written notice of
any claim for damages or other compensation must be made
in writing to the Seller within 5 working days of receipt of
the goods or completion of the usage as the case may be.
(2) Shortages, must be notified to the Seller in writing within 3
working days of delivery Claims will be void if notifications
are not made within this period.
10. Limit of Liability
The Seller shall not be liable for delays in delivery or non-
delivery of any Product resulting from any cause beyond its
control including, without limitation, an act of God, fire, flood,
strike, lockout, factory shutdown or alteration, act of civil or
military authority, priority request, order of any national or local
government or any department, agency or representative
thereof, insurrection, not, war, embargo, transportation shortage
or delay whether accident, wreckage or inability to obtain labour
materials or piece goods from their respective usual sources.
11. Legal Construction
Every Contract to which these Conditions of Sale apply shall be
construed and operate in accordance with English Law. If any
part of these Conditions is held by any Court or Tribunal to be
unenforceable or void, this shall not affect the remainder of the
Contract, which shall continue in full force and effect.
12. Catalogue Numbers
Full catalogue numbers must be quoted on all orders; the use of
incorrect catalogue numbers may result in the wrong product
being dispatched and subject to a handling charge.
13. Consigned/Rented/Leased Goods
The consigned/rented/leased goods are and shall remain the
property of Summit Medical Ltd. As Such:
(1) They shall not be lent or given to any person
(2) They shall not be removed from the area of agreed
distribution without authorisation from Summit Medical Ltd.
(3) They must be kept in a safe and secure area.
14. Returns
The return of goods to the Seller cannot be accepted without
prior written authority from the Seller Goods ordered in error
which are accepted by the Seller for credit will be subject to a
handling charge.
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