The following terms shall apply to all trading between Optident Limited (“the Company”) and the customer (“the purchaser”).
Prices are subject to alteration without previous notice. Goods and services will be charged at the price list ruling at the date of despatch.
The prices quoted are exclusive of VAT which will be charged at the current applicable rate at the time of despatch.
Payment for the Company’s goods and services shall be made nett cash by the 20th day of the month following the date of the Company’s invoice. A service charge of 1.5% per month may be charged on accounts which remain unpaid 30 days after due date.
Carriage, packaging and insurance charges may be invoiced. The purchaser shall be responsible for ensuring the presence at the premises nominated for delivery of a person authorised to receive and sign for goods.
The risk in the goods will pass to the purchaser upon delivery thereof to the premises nominated by the purchaser unless the purchaser shall notify the Company within two days of delivery of any loss, damage, shortage or error relating to the goods received. Such notification to be made on the prescribed form which is enclosed with all deliveries. If the purchaser shall fail to make such notification, the Company shall be under no obligation to take return of the goods and raise a credit, nor to refund carriage charges, and the purchaser shall remain liable to pay for the goods.
Goods shall remain the property of the Company until the whole of the contract price has been paid, but after delivery, the purchaser shall be responsible for and shall indemnify the Company against all loss of or damage to the goods from whatsoever cause occurring, at any time until the Goods have been paid for and without prejudice to any other remedies, the Company or its agents shall be entitled immediately after giving notice of its intention to do so, enter upon the premises of the purchaser with such transport as may be necessary and re-possess any Goods to which the Company has title hereunder.
If the purchaser shall make any default in paying any sum to the Company as and when it becomes due or if he shall have distress of execution levied on any of his goods or property or if he shall make or offer to make any arrangement or composition with creditors or if he shall commit any act of bankruptcy or have a petition presented against him, or if, being a limited company, resolution or petition to wind up the purchaser (other than for the purpose of reconstruction or amalgamation without insolvency), shall be passed or presented or if a receiver shall be appointed over the whole or any part of the purchaser’s business, all sums owing by the purchaser to the Company become immediately due and payable (plus service charge thereon) and the Company shall have the right forthwith to withhold all further deliveries of goods or to determine any contract then subsisting between the Company and the purchaser. Such determination shall give rise to no liability whatsoever on the Company part but shall be without prejudice to the Company’s right to payment in respect of manufacturing or other work already carried out or goods already delivered.
Except as provided in this clause goods are supplied with the benefit of all conditions and warranties which are implied by statute from time to time provided that the Company:-
shall not be liable for any consequential damages or expenses or any liability to third parties incurred by the purchaser and
shall be under no liability whatsoever to the purchaser in respect of any goods sold as “imperfect” or under any similar description. Nothing in the aforesaid proviso shall apply to the terms implied by Section 12 of the Sale of Goods Act 1983 (as amended).
Should equipment fail during the guarantee period, the Company reserves the right to either replace or repair the unit.
If the goods are not used or serviced in accordance with manufacturer’s instructions, then the guarantee is null and void.
Normal wear and tear on parts will not be covered by guarantee.
The purchaser shall not be entitled to withhold payment of any sums after they have become due by reason of any right of set off or counter claim which the purchaser may have alleged or for any reason whatsoever.
Save as provided on Clause 8 above, the Company will not accept the return of any goods to it unless such return has been approved and is accompanied with the original invoice or packing note. Dated products licensed under the Medicines Control Act cannot be taken back into stock after expiration date or if the packaging is opened or incomplete.
Goods which are specially ordered by the Company for a customer are not returnable.
These terms and conditions and the contract in which they are incorporated shall be governed by English Law.
The placing of an order implies acceptance of all the Company terms.
In the case of Exportation of Goods, terms for delivery and payment shall be arranged with the purchaser.