EN - Medical (Product Catalog) - Flipbook - Page 179
TERMS & CONDITIONS
Terms & Conditions
1.
DEFINITIONS: IN THESE CONDITIONS:
“Conditions” means the terms and conditions of sale set out in this document and any special terms
7.
TITLE:
7.1 Title to the Goods shall not pass from the Seller until the Customer has paid
the Price plus VAT in full.
7.2 Until title to the Goods passes to the Customer in accordance with Clause 7.1,
the Customer shall hold the Goods and each of them on a fiduciary basis as bailee
for the Seller. The Customer shall store the Goods (at no cost to the Seller)
separately from all other goods in its possession and marked in such a way that
they are clearly identified as the Seller’s property.
7.3 For so long as the Goods remain the property of the Seller, the Customer shall not use the Goods in any
manner and shall not purport to, sell, charge, pledge, encumber or otherwise deal the Goods.
7.4 The Seller shall be entitled to recover the Price (plus VAT) notwithstanding that property in any of
the Goods has not passed from the Seller.
7.5 Until such time as property in the Goods passes from the Seller, the Customer shall, upon request,
deliver up the Goods to the Seller. If the Customer fails to do so the Seller and/or its agents may enter upon
any premises owned, occupied or controlled by the Customer where the Goods are situated and repossess
the Goods.
7.6 The provisions of this Clause 7 shall not entitle the Customer either to refuse or delay payment or
require the Seller to accept the return of Goods on the grounds that the property in the Goods supplied is
reserved by the Seller as aforesaid.
8.
REMEDIES OF CUSTOMER & SELLER’S LIABILITY:
8. 1 In the event of a breach by the Seller of any warranty in relation to the
Goods, the Customer’s sole remedy shall be to reject the Goods to which such
breach of warranty relates. Upon such a rejection of the Goods, the Seller shall
refund to the Customer that part of the Price which relates to such Goods to the
extent that it has been paid by the Customer. Following such rejection and refund,
the Customer shall have no further rights whatever in respect of the breach of
warranty.
8.2
Without prejudice to Clause 8.1, and in each case to the fullest extent
permitted by applicable laws, (a) the Seller shall not be liable to the Customer for
any indirect or consequential loss, damage, cost or expense of any kind which the
Customer may suffer or incur, which arises out of, or is connected with, a breach
by the Seller of these Conditions or of any other obligation of the Seller, (including,
without limitation, any loss of opportunity, loss of production, loss of or corruption
to data, loss of profits or of contracts, loss of operation time and loss of goodwill
or anticipated savings), irrespective of whether the Customer’s claim for recovery
in respect of that loss, damage, cost or expense is (or would but for this provision
be) founded in contract, tort (including negligence) or otherwise, and irrespective
of whether or not the Seller has been advised of the potential for the loss in
question; and (b) in no event shall the liability of the Seller to the Customer in
respect of, or in relation to, or in connection with the Goods, whether arising in
contract, tort or otherwise, exceed the amount (exclusive of VAT) actually paid by
the Customer to the Seller in respect of the relevant Goods.
9.
FORCE MAJEURE:
If either the Seller or the Customer is affected by Force Majeure it shall forthwith
notify the other party of the nature and extent thereof. Neither the Seller nor the
Customer shall be deemed to be in breach of any of the Conditions, or otherwise
be liable to the other by reason of any delay in performance, or non performance,
of any of its obligations hereunder, to the extent that such delay or non
performance is due to any Force Majeure of which it has notified the other party
hereto; and the time for performance of that obligation shall be extended
accordingly.
as purchaser of the Goods from the Seller; “Dispatch Date” means the dispatch date shown in the
Invoice; “Force Majeure” means, in relation to any person, any circumstances beyond the reasonable
control of that person (including, without limitation, any strike, lock out,picket or other form of
industrial action or any threatened industrial action); “Goods” means the articles which the Customer
Seller in respect of the Goods; “Price” means the price for the Goods, which is (save, in each case, to
the extent otherwise stated in the Invoice) inclusive of packaging and exclusive of carriage, insurance
and VAT; “Seller” means Homecare Medical Supplies Limited, Tooraree, Knock Road, Ballyhaunis, Co.
Mayo; “VAT” means any value added tax and any goods and services, sales or other turnover tax,
imposition or levy of a like nature chargeable in respect of the sale of the Goods to the Customer.
2.
CONDITIONS APPLICABLE:
2.1 The Conditions shall apply to all contracts for the sale of Goods by the Seller to the Customer
to the exclusion of all other terms and conditions including any terms or conditions which the
Customer may purport to apply under any purchase order or otherwise.
2.2 All orders for Goods shall be deemed to be an
to the Conditions.
2.3 Acceptance of delivery of the Goods by the Customer shall be deemed conclusive evidence of
the Customer’s acceptance of the Conditions.
2.4 Any variation to the Conditions shall be inapplicable unless evidenced by writing signed on
authorised by the Seller in this regard, and further, that no person may be taken by the Customer to
have any such authority unless such person has presented to the Customer a written instrument,
signed by a director of the Seller, conferring upon such person such authority in connection with the
Goods.
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3.
PRICE AND PAYMENT:
3.1 The Price of the Goods shall be the price set out in the Invoice. The Price
is exclusive of VAT. In addition to paying the Price, the Customer shall pay to
the Seller all applicable VAT.
3.2 The Customer shall pay direct to the Seller the Price, any VAT and any
costs of packaging, insurance and delivery specified in the Invoice, on the
date specified in the Invoice.
3.3 Credit Terms Strictly 30 days from Date of Invoice.
3.4 Interest on overdue payments under this Clause 3 shall accrue from the
date when payment becomes due from day to day until the date of payment
at that rate which is 2 percentage points above the rate of interest applicable
to the principal euro overdraft rate of the Seller from time to time, and shall
accrue as well after as before any judgment.
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3.5 All pricesat
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supply of goods are liable to change without prior notice,
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confirmations of order previously made.
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4. THE GOODS:
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The quantity and description of the goods shall be as set out in the Invoice.
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5.
6.
WARRANTIES:
5.1 The Seller warrants that it will have the right to sell the Goods to the
Customer at the time at which title to the Goods is to pass to the Customer,
and further warrants that the Goods will be fit for such purposes as may be
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specifically notified in writing by the Seller to the Customer.
5.2 All other warranties, conditions or terms relating to the Goods (other than
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those provided for in Section 12 of the Sale of Goods Act 1893), whether
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implied
statute or common law or otherwise, are excluded.
DELIVERY & RISK:
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for stated in the Invoice, the Goods shall be delivered to
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the Customer Ex Works (as defined in Incoterms 2000) to the address specified
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in the Invoice on the Dispatch Date, and risk in the goods shall pass to the
Customer in the manner provide for in that regard in Incoterms 2000. The
cost of collection and delivery of the Goods to the Customer shall be borne
by the Customer.
6.2 Discrepancies must be notified within 7 days. Our Company, the supplier,
reserves the right to impose a restocking charge of 15% (minimum charge 15
EUR) on the value of the goods returned by a customer, through no fault of
the supplier.
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10. PARTIAL INVALIDITY:
If any of the Conditions is or becomes illegal, invalid or unenforceable in any
jurisdiction, that shall not affect the legality, validity or enforceability in any other
jurisdiction of that or any other Condition.
11. LAW AND JURISDICTION:
All contracts between the Seller and the Customer in respect of, or in relation to, or in connection with, the
Goods and any non-contractual obligations arising out of or in connection with any such contracts are
the Customer hereby agrees that the courts of Ireland shall have non-exclusive jurisdiction to hear and
determine any suit, action or proceedings, and to settle any disputes, which may arise out of or in connection
with the Goods or their sale to and purchase by the Customer and, for such purposes, the Customer
irrevocably submits to the jurisdiction of the courts of Ireland.
HOMECARE MEDICAL SUPPLIES - TERMS & CONDITIONS OF SALE
