Page 823 - 2019-Performance-Health-UK-Product-Guide
P. 823

                 Terms & Conditions
b) If written notice of cancellation is accepted by the Company, the Company reserves the right to levy a cancellation charge of up to 50% of the amount of the Order.
c) An Order may only be cancelled if agreed verbally or in writing by an authorised representative of the Company and the pick pack process has not commenced.
d) Orders for Drop Ship and Special-Order items may not be cancelled once the order has been placed with the vendor.
e) If the Contract provides for delivery by instalments, each instalment shall be deemed to be the subject of a separate contract and non-delivery or delay in the delivery of any instalment shall not entitle the Customer to repudiate or terminate any contract as regards the balance.
10. Passing of Title
The legal title to the Goods shall not pass to the Customer until all sums due or payable by the Customer to the Company whether in respect of the Goods or otherwise shall have been received in full and cleared funds by the Company.
11. Passing of Risk
The risk in the Goods shall pass to the Customer when the Goods are tendered for delivery at the delivery point specified in the Order. In the event that the Goods are collected by the Customer from the Company’s premise the risk of the Goods shall pass to the Customer when they are loaded onto the vehicle of the Customer or of its carrier or other agent.
12. Warranty
Unless otherwise stated, a 12-month warranty as stated below from the
date of the invoice applies to all Goods with the exception of disposable
and limited life products. The Company warrants that the Goods shall at the time of delivery correspond to the specifications for the Goods published by the Company / manufacturer when used for purposes for which goods of that type are intended. In the absence of any such published specifications applicable to the Goods, the Company warrants that the Goods shall at the time of delivery be of satisfactory quality. If any Goods do not conform to that warranty the Company will at its option:
i) Replace the Goods found not to conform to the warranty
ii) Bring the Goods into conformity with the published specifications of the Company or (as the case may be) satisfactory quality
iii) Take back the Goods found not to conform to the warranty and refund the appropriate part of the purchase price. Please contact Customer Services.
Please note that the Company reserves the right to refuse the return of and request that the Customer ‘disposes’ appropriately of any Goods deemed
as faulty and where they may have been; contaminated, soiled or spoiled
in either transit or use and where it is prohibited by law to knowingly allow these Goods to enter into the public courier, or postal transport systems; e.g. bathing, toileting, personal items, spilled liquids, burst products etc. For such items the Company has the right to request the Customer provide images to substantiate the fault or damage and reason for return/refund/replacement. This does not affect your statutory rights.
13. Force Majeure
The Company shall not be liable for any loss or damage caused by circumstances beyond the Company’s reasonable control including but not limited to an Act of God, war, civil disturbance, governmental restrictions, import or export regulations, industrial disputes and difficulties in obtaining labour or materials. Should any such event occur the Company is entitled to cancel or suspend any Contract without incurring any liability for any loss or damage caused.
14. Notice of Damage, Non-Delivery, Wrong Delivery, or Unsuitable Goods
a) The Company gives no guarantee of the exact quantity of Goods delivered and, in the event, that quantity of Goods delivered does not correspond with the quantity stated on the Order the Customer shall only be liable to pay for the quantity delivered.
b) If, upon receipt, the Goods appear damaged, incomplete or incorrect
please indicate on the carrier’s documentation and notify the Company’s Customer Services Department of the situation no later than 3 days after delivery. If in doubt, please sign the carrier’s documentation “Unexamined”. Should an expected consignment not arrive, please notify the Company Customer Services Department within 3 days from date of invoice, failing which the Company shall be under no liability for non-delivery. International Customers should allow 5 days from date of invoice and then contact your freight forwarder in the first instance. The International Customer Services Department will assist where possible, should your query remain outstanding.
c) Made to Order and Non-stock products should be immediately inspected on arrival and any damage reported to Customer Services the same day.
d) Any surplus Goods delivered shall remain the property of the Company and the Customer shall take all reasonable precautions for the safe custody and protection of such surplus Goods until the time of their removal by the Company. The Customer shall provide the Company or the Company’s authorised representative with such access to its premises for the purposes of collecting any surplus Goods.
e) Under no circumstances shall any Goods be returned to the Company without its prior consent, otherwise liability is not accepted. The Company will issue a Goods Returns Note and Number and this must be attached to the exterior of the secondary packaging on every package being returned.
f) Returned Goods must be suitably packaged, for transportation by the carrier. Goods received without suitable packaging will not be credited. Where the Company has made the error, full credit will only be given on returned Goods that are fit for sale in their original packaging.
g) If, upon receipt the Goods are deemed ‘Unsuitable’ you should contact Customer Services within 14 days from date of invoice, failing which the Company reserves the right to refuse the return of Goods. The Customer will arrange carriage and pay all freight charges. Where the Company agrees to collect the Goods, the Customer will be charged for the collection. Returned Goods must be suitably packaged for transportation by the carrier. Goods received without suitable packaging will not be credited. Goods received where the product has been used or misused will not be credited and the Company reserves the right to return the Goods back to the Customer. Full credit less the outbound carriage charge will only be given for returned Goods ‘Unsuitable’ that are fit for sale in their original packaging.
a) The company is under no obligation to accept Goods for return due to customer ordering errors, surplus stock etc. but when it agrees to do so a 15% handling charge will apply the Customer will arrange carriage and pay all freight charges. The Company will issue a Goods Returns Note and Number and this must be attached to the exterior of the secondary packaging on every package being returned. The Company may agree to collect the goods at the request of the Customer who will be charged for the collection.
b) Refused Deliveries – we reserve the right to make a carriage charge plus 15% handling charge on all consignments tendered for delivery which are refused without justification.
c) Only unused and complete Goods may be returned, and they must be undamaged current lines in their original packaging, Goods not conforming to these criteria will not be accepted for credit.
The Company reserve the right to dispose of any non-saleable and uncreditable returned Goods.
d) Made to Order and Non-stock products signified by a in the catalogue are non-returnable and non-refundable, unless received damaged or deemed faulty.
15. Disputes and Set-Off
The Company shall not be liable under or in connection with any Contract
to the extent that if any breach results from a breach of the Contract by
the Customer and the Customer shall not be entitled to withhold or delay payment or exercise any right of set-off whatsoever and howsoever arising or arisen which might otherwise be available to it.
The liability of the Company under or in connection with any Contract shall be limited to the price paid by the Customer for the Goods to which the Contract relates. The Company shall have no liability under or in connection with any Contract for any indirect, consequential or special losses or for loss of profits or opportunity. Nothing in these conditions shall limit the Company’s liability for fraud or any other matter for which it cannot limit its liability by law.
16. Resale restrictions
a) Unless agreed in writing to the contrary by the Company, the Goods are sold to the Customer for use only within the country where the Goods are delivered to the Customer by the Company (the “Designated Country”) and are not intended for resale in other countries. The Customer shall only therefore, be permitted to resell the Goods to third parties in the Designated Country. By allowing resale in the Designated Country, the Company does not consent to the exhaustion of its trademark rights in the European Economic Area.
b) Furthermore, the Customer shall refrain from making active sales of the Goods to customer groups in respect of which the Company informs the Customer by written notice that it has appointed or will appoint an exclusive distributor or has reserved to itself (“reserved customers”). An “active sale” is understood to mean actively approaching or soliciting customers, including, the following actions: (a) advertising in media, on the internet or other
  UK Medical Customers Tel: 03448 730 035 UK Trade Customers Tel: 03444 124 330 International Customers Tel: +44 1623 448 706
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