P.O. Box 1
SY14 7WF, UK
+44 1948 780624
+44 1948 780623
Terms and Conditions
CONDITIONS OF TRADING
1.1 The price will be our quoted price or, where no price has been quoted, the price stipulated in our published price list current at the date of acceptance of your order.
1.2 Except as otherwise stated in any quotation or price list, or as otherwise agreed in writing, all prices are given by us on an ex-works basis and exclude postage, transport, packaging and insurance.
1.3 The price is exclusive of V.A.T. Which will be due at the rate applicable on the date of our invoice.
2.1 Subject to any special terms agreed in writing, we may invoice you on or at any time after delivery of the goods or, if you wrongfully fail to take delivery, at any time after we have tendered delivery.
2.2 Except in the case of export sales, payment of the price and VAT is due in cleared funds within 30 days of the date of the invoice. Payment must be made even if property in any of the goods has not passed to you. Time for payment will be of the essence.
2.3 Without limiting any other right or remedy available to us, if you fail to pay the price by the due date we can charge you interest on any overdue amount from the date on which payment was due to that in which it is made (whether before or after judgement) on a daily rate of 4% over the base rate from time to time of National Westminster Bank plc, and you must reimburse us all costs and expenses (including legal costs) incurred in the collection of any overdue amount.
2.4 In the case of export sales, payment must be in sterling cash or cleared funds with order or irrevocable letter of credit with a bank acceptable to us confirmed in favour of National Westminster Bank plc payable at sight against production of a commercial invoice for the goods.
2.5 In the case of domestic sales or export sales payment may be made at our discretion by credit card provided that your obligation to make payment shall not be satisfied until we are in receipt of cleared funds.
2.6 As part of UK anti-money laundering legislation, we regret that we cannot accept cash payments in excess of €15,000 or equivalent in other currency.
3.1 All orders must state the place of delivery of the goods.
3.2 Any dates quoted for delivery of the goods are approximate only. We will use reasonable endeavours to effect delivery on agreed dates.
3.3 We may deliver goods by separate instalments in any sequence in accordance with the agreed delivery schedule. Each separate instalment is to be invoiced and paid for in accordance with these conditions.
3.4 Any failure on our part to deliver any one or more instalments of the goods will not entitle you to treat the whole contract as repudiated.
3.5 Unless negligent ourselves, we will not be liable to you or any third party for any loss or damage caused or incurred during the unpacking or handling of the goods.
The goods are sold as a single order; without affecting any rights which you may have to reject all of the order, you may not accept some and reject some only of the goods comprising the order.
5. Risk and property
5.1 Risk passes on delivery of the goods.
5.2 The goods to which the contract relates are to remain our property until you have paid for them in full..
5.3 So long as the goods remain our property you will:-
5.3.1 hold them as our bailee;
5.3.2 ensure that the goods are stored separately from other goods in your possession, are readily identifiable at all times as our property, and are insured; and
5.3.3 allow our authorised representatives to enter any premises where the goods are stored in order to repossess them or inspect them.
6.1 The goods will be treated as defective if they do not correspond with the description set out on our quotation or if they are otherwise defective in workmanship or material (disregarding minor defects which do not affect the performance of the goods).
6.2 Subject to the remaining provisions of this condition 6 and providing that you comply with condition 7, if the goods prove defective we will repair or make good the defects in the goods, or, at our option, replace them or refund all payments made by you applicable to the defective goods in full satisfaction of all our liabilities under contract.
6.3 We will be under no liability in respect of:-
6.3.1 any specifications, information or other items supplied by you; or
6.3.2 incorrect use or application of the goods on your part; or
6.3.3 the use of the goods otherwise than for the purpose for which they were intended; or
6.3.4 wear and tear, wilful damage, negligence, abnormal working conditions, improper storage or misuse, or alteration or repair of the goods without our approval; or
6.3.5 any specifications or other particulars contained in our catalogues, price lists or other advertising material since they are merely intended to represent a general idea of the goods and not to form part of the contract or be treated as representations; or
6.3.6 any technical information, recommendations, statements or advice furnished by us, our employees or agents unless given in writing in response to a specific written request from you before the contract is made; or
6.3.7 any variations in the dimensions of any of the goods or changes of their specifications or substitution of any materials or components, if the variation or substitution does not materially affect the characteristics of the goods, and the substituted materials or components are of a quality equal to or superior to those originally specified.
7. Claims procedures
7.1 Any claim for non-delivery of the full consignment of goods must be notified by you within 7 days of our invoice.
7.2 Any claim that the goods have been delivered damaged, are not of the correct quantity or do not comply with their description must be notified by you within 3 days of their delivery.
7.3 Any alleged defect must be notified by you within 7 days of the delivery of the goods or, in the case of any defect which is not reasonably apparent on visual inspection, within 7 days after the time at which the alleged defect is, or ought reasonably to have been, discovered and, in any event, within the stated shelf life of the goods.
7.4 Any claim under this condition must be in writing and must contain full details of the claim (including the batch numbers and expiry date of any allegedly defective goods).
7.5 We must be afforded a reasonable opportunity and facilities to investigate any claims made under this condition. If so requested in writing by us, you must promptly return any goods the subject of any claim and packing materials, securely packed and carriage paid, to us for examination and in any event you must cease to use the goods.
7.6 We will have no liability with regard to any claim in respect of which you have not complied with the claims procedures in these Conditions. Other returned goods may be accepted at our discretion but we shall be under no obligation to accept them and in any event:
7.6.1 all sterile goods or goods with a product licence will not be accepted if the seal or outer packaging has been damaged or removed;
7.6.2 pharmaceuticals cannot be accepted for return unless they are the subject of a claim properly made under condition 7.2 or 7.3 or recall under condition 11.2;
7.6.3 equipment must be in original packaging, unused and in re-saleable condition.
8. Limitations of liability
8.1 Except as expressly provided in these Conditions, all representations, warranties, conditions or terms relating to fitness for purpose, condition or quality of the goods whether express or implied by statute or common law, provided that nothing in the contract will restrict or exclude liability for death or personal injury caused by our negligence.
8.2 Our liability, whether for any breach of contract, negligence or otherwise, will not in any event exceed the price of the goods.
8.3 In no event will we be under any liability whatever to you for any loss of profit, business, contracts, revenues or anticipated savings, or for any indirect or consequential loss and/or expense (whatever the cause, including negligence) suffered by you.
8.4 Where the goods are sold under a consumer transaction (as defined by the Consumer Transactions (Restrictions on Statements) Order 1976) the statutory rights of the customer are not affected by these Conditions.
9. Intellectual property
9.1 All goods sold in retail packaging may be resold by you only in the packaging supplied by us and in no case may any trade mark other than those applied by us be marked on, or applied in relation to, the goods.
9.2 No right or licence is granted to you under the contract in relation to any intellectual property rights, except the right to use or resell the goods.
9.3 You must not, without our written consent:-
9.3.1 alter the goods; or
9.3.2 copy or allow others to copy the goods or part of them; or
9.3.3 reproduce or disclose our designs or drawings.
10. Indemnity by Customer
You agree to indemnify us against any damages, losses, costs, claims or expenses incurred by us in connection with any claim made against us by any third party for any loss, injury or damage wholly or partly caused by the goods or their use. This condition will not, however, require you to indemnify us against any liability for our own negligence.
11. Product safety
11.1 If you become aware of any claims made against you by any third party for any loss, injury or damage wholly or partly caused, or alleged to have been caused, by the goods or their use, or of any information as a result of which it has become, or ought reasonably to have become, aware of any risk which has arisen or may arise as a consequence of the state and condition or use of the goods, you must as soon as reasonably practicable after becoming aware of any such matter provide us with full written details.
11.2 You will at your own cost co-operate with us in taking all such steps as are reasonably necessary to enable us to comply with our obligations under all relevant safety or consumer protection legislation to avoid or minimise any loss, injury or damage to any persons which may be caused by the goods or their use, including the issue of notices and recall orders.
11.3 In the event that details of a claim or other information referred to in this condition have been, or ought to have been, provided by you, you will in addition immediately provide us with details of recipients of onwards supplies of the goods (or such goods as to incorporate the contract goods), together with any relevant batch and individual identification numbers or markings relating to the goods, and such other information in your possession as will enable the goods in question to be identified. You must also use all reasonable endeavours to obtain the co-operation of your own customers for this purpose in relation to any onward delivery of the goods by them.
If any provision of these Conditions proves to be illegal or unenforceable, the remainder of these Conditions is to continue in full force and effect.
13. Applicable law and jurisdiction
13.1 The contract is subject to the law of England and Wales and the English language text shall be the authentic text of the contract.
13.2 All disputes arising out of the contract are to be subject to the non-exclusive jurisdiction of the English courts.
In these conditions "contract" means any contract for the sale of goods by us to you.
15. Registered Office
S.J. Hales Ltd, Blackbrook Gate, Blackbrook Park Avenue, Taunton, Somerset TA1 2PG. Registered in England No. 3738364.