50 DLS Medical – 01733 230700 Terms & Conditions period of time, the Seller reserves the right to refuse to refund or to apply a reduction (normally 25%) to the value of any credit given. 7. CARRIAGE 7.1. Subject to clause 5.2 bulk delivery by the Seller’s own haulage by road to any one address in England, Wales or Scotland is included in the price. 7.2. The following carriage arrangements shall be charged at cost as an extra to the contract price. 7.2.1. Orders with a total value less than £200 7.2.2. Orders sent by 1st class post 7.2.3. Orders sent by special arrangements e.g. overnight courier 7.2.4. Orders sent to an address not within England, Wales or Scotland unless there is a ‘Rider’ in the Contract/ Agreement. 8. LIABILITY 8.1. The Seller shall not in any circumstance be liable for any injury, loss of expense or damage arising out of or in connection with or incidental to the contract whether consequential or otherwise and whether to person or property and whether suffered by the Buyers or by any third party having a right of recourse or relief against the Buyer and in particular but without prejudice to the generality of the foregoing shall not be liable for any such injuries, loss expense or damage arising directly from the storage, installation or application or use of any Goods supplied by the Seller, and in all respects the Sellers’ liability shall be wholly and totally restricted only to the cost of replacing any Goods supplied subsequently found to be defective. The Seller shall only be liable to replace defective Goods provided such defect is notified to the Seller within three days of receipt by the Buyer of delivery of the Goods. 9. FORCE MAJEURE 9.1. Any contract may be cancelled or suspended in whole or part by the Seller without liability on the part of the Seller for any loss or damage arising directly or indirectly from such cancellation or suspension in consequence of any act of God, war, legislation, labour dispute, break down of machinery, lack or shortage of labour or materials affecting the Seller or the Sellers work, reduction or stoppage of output at the works of any makers of any Goods or materials required, inability to obtain more materials, equipment, fuel, power, components or transportation, inability to obtain a necessary import or export or other licences or consents of any governmental authority or any other cause or circumstance whatsoever which is beyond the Sellers control. 10. WARRANTIES 10.1. The Seller’s charges to the Buyer are determined on the basis of the exclusions from and limitations of liability contained in these conditions. The Buyer expressly agrees that these exclusions and limitations are reasonable because of (amongst other matters) the likelihood that otherwise the amount of damages awardable to the Buyer for a breach by the Seller of the contract may be disproportionately greater than the price of the Goods. 10.2. All conditions, guarantees or warranties including guarantees or warranties as to the quality of the work done or the efficiency of such work under any conditions whether known or made known to the Seller or otherwise and whether expressed or implied by statute are hereby excluded. In addition the Seller gives no guarantee or warranty expressed or implied by statute or common law in respect of the Goods sold to the Buyer and in particular gives no such guarantee or warranty as to the suitability of such Goods for any particular purpose even if that purpose is known to the Seller or as to their merchantable quality. 10.3. If any of the Goods shall be found to be defective and such defects are reported by the Buyer in writing to the Seller in the case of apparent defects within three (3) days of delivery and in the case of latent defects within thirty (30) days of the date on which those defects could reasonably have first been identified, the Seller shall, at its option, either rectify or replace the defective part of the Goods at the place of delivery and in the condition originally specified or credit the Buyer with a corresponding proportion of the original invoice price but shall not be under any other liability in respect of either the original or any replacement Goods. 10.4. The Seller shall be under no liability in respect of alleged defective Goods unless: 10.5. The Buyer gives to the Seller written notice and details of the defect within the period mentioned in 10.5.1. Sub paragraph 10.3. 10.5.2. The Buyer gives the Seller’s representative adequate opportunity to inspect the Goods and remove samples for analysis; and 10.5.3. The Buyer has used, kept, maintained or dealt with the Goods properly and the Buyer had forthwith ceased processing. 10.6. Save as described in paragraph 10.1, all descriptions and other particulars supplied by the Seller in catalogues, price lists or other documents issued by the Seller or statements made orally are given for general information purposes only. 10.7. The Buyer acknowledges that it is relying on its own expertise and knowledge and not that of the Seller in entering into the contract and the Buyer is solely responsible for satisfying himself as to the suitability of the Goods for any particular purpose and relies solely on his own skill and judgement and not the Seller’s skill and judgement in determining such suitability. 10.8. The Buyer acknowledges that in entering into the contract it has not relied upon any other representations other than those reduced to writing in the contract. 10.9. The Seller shall not be liable to the Buyer for any pure economic loss, loss of profits, loss of business, loss of reputation, depletion of brand value, depletion of goodwill, consequential loss and like loss whether arising directly or indirectly. 10.10. The Buyer shall only be entitled to bring a claim against the Seller where the Buyer issues legal proceedings against the Seller within the period of twenty four (24) months commencing on the date upon which the Buyer ought reasonably to have known of its entitlement to bring such a claim. 11. BUYERS PROPERTY 11.1. Where Goods are supplied to the Seller to be manufactured, processed or packaged by the Seller, the property in those Goods shall remain with the Buyer and will be held at the Buyers risk. Every care will be taken by
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