49 www.dlsmedical.co.uk Terms & Conditions 1. DEFINITIONS 1.1. In these conditions the expression “the Seller” shall mean Direct Leisure Supplies Ltd and the expression “the Buyer” shall mean the person, company or firm who purchases Goods and the “Goods” means the Goods or materials which shall be the subject of the contract between the Seller and the Buyer together with the packaging for such Goods and these conditions shall apply to all contracts between the Seller and the Buyer except to the extent that any conditions are expressly modified or superseded in writing by the Seller. 2. INCORPORATION OF CONDITIONS OF SALE 2.1. These conditions are the only ones to which the contract for the sale or supply of the Goods (including without limitation any supply of Goods on a free of charge basis and any supply replacement Goods pursuant to paragraph 10.3) by the Seller to the Buyer is subject. Any other conditions proposed or stipulated by the Buyer in whatever form, written or oral, are hereby expressly waived and excluded. These conditions may not be varied except by the written consent of the duly authorised representative of the Seller. An acceptance of the Seller’s quotation for the sale or supply of the Goods or delivery of the Goods implies an unconditional acceptance of these conditions. 3. PRICES 3.1. All quotations and price lists are based upon conditions prevailing at the date thereof and, unless a contract provides otherwise, the Seller reserves the right to vary its prices without notice at any time up to the date of delivery and all such variations shall be binding upon the Buyer. If variation in price occurs during the currency of an order, unless a contract provides otherwise, the price of the un-despatched portion of the order outstanding at the date of such variation shall be adjusted accordingly. 3.2. The Seller shall apply a small order handling charge to any orders with a total value of less than £200 3.3. All prices quoted are exclusive of value added tax, which shall be added as directed by UK tax legislation. 4. PAYMENT TERMS 4.1. Accounts are strictly NETT cash 30 days from date of invoice (unless agreed otherwise, in writing). The Buyer shall pay all remittances by cheque, BACS or such other method of payment as previously agreed in writing with the Seller. The Buyer shall accompany payment with the remittance advice. 4.2. Where the Buyer fails to pay any monies on the due date or does not comply with an obligation imposed upon the Buyer under these conditions or where the financial standing of the Buyer becomes unsatisfactory in the opinion of the Seller, then, without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to: 4.2.1. Withhold the supply of any Goods to be provided to the Buyer; and/or DLS Standard Terms of Trade 4.2.2. Suspend the performance of any obligation owed by the Seller under these conditions; and /or 4.2.3. Require payment in full by the Buyer for all the Goods which the Buyer has agreed to purchase further to the contract before supplying those Goods; and/or 4.2.4. Terminate the contract and any other contract between the Buyer and the Seller without prejudice to any claim the Seller may have for Goods already delivered. 4.3. The Seller reserves the right to charge interest at 4% above Barclay’s Bank minimum lending rate from time to time on the balance of any outstanding account if payment has not been made on or before the time specified for payment. 4.4. The Buyer shall make all payments due under the contract without deduction whether by way of set off, claim, counterclaim or otherwise unless the Buyer has a valid court order requiring an amount equal to such deduction to be paid by the Seller to the Buyer. 4.5. A contract cannot be cancelled except by mutual consent and then only on terms, which would fully indemnify the Seller. 5. DELIVERY 5.1. Subject to clause 5.2 below unless a date for delivery is specified the Goods shall be despatched as soon as ready. 5.2. In the case of a contract involving more than one delivery unless a contract provides otherwise, the whole of such deliveries shall be accepted within six months within the date of first delivery. In the event of any failure to accept any delivery, the Goods, the subject of that delivery, shall be immediately invoiced and the cost involved charged to the Buyer’s account the Goods being held at the Buyer’s risk and expense. 5.3. Any dates of delivery which may be given by the Seller are estimates only and will be adhered to as far as possible but the Seller shall not be liable for failure to deliver within the time estimated and in no circumstances will the Seller be responsible for any loss whatsoever including loss of profits, incidental expenses and their consequential loss attributable to delay in delivery nor shall any such delay constitute breach of contract. The Seller shall have no liability for any loss or damage howsoever arising from such delay in delivery. 5.4. The Buyer shall examine the Goods following delivery. Unless notice of any loss or damage in transit is given to the Buyer and received by the Seller within three (3) days after delivery, the Seller shall be relieved and discharged from all liability in respect thereof. 5.5. The Seller shall be entitled to deliver the Goods by instalments and to invoice the Buyer for each instalment. Each instalment will be considered a separate transaction and the failure of any one delivery shall not affect the due performance of the contract as a whole. 5.6. Subject to clauses 5.2 and 5.3 above each delivery shall constitute a separate contract and any failure or defect in any one delivery shall not affect the contract as to the remaining deliveries. 6. RETURNS 6.1. If the Buyer, for any reason, wishes to return the goods they must notify the Seller within three (3) days of delivery. Under normal circumstances a replacement or refund will be given, subject to 6.2 below. 6.2. If the goods are not returned in the original sale condition or have been returned after an extended
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