The acceptance of an order may be revoked (in whole or part ) or delivery dates postponed by RB Medical Engineering Ltd ( the seller) without liability in the event of any contingency beyond our control which does or is likely to, in our opinion, hinder, delay, interrupt or interfere with the fulfillment of the order or any part of it.
Our list prices may be subject to change during the trading year. Where goods are made to customer specification, prices will be quoted in writing prior to order acceptance.
We shall be entitled to make a charge for delivery on each invoice
The amount of VAT will be payable at the rate prevailing at the time of dispatch. The seller reserves the right to increase carriage charges. Ex stock goods are sold at the selling price ruling at time of dispatch.
Design Work: Where the customer requires design work to be undertaken in respect of the goods ordered, the seller retains the ownership of the design unless a specific order is made for the design work. The seller may be required to act as the customer’s agent in arranging design work to be undertaken by a third party and the customer agrees to be bound by any terms that are imposed by that third party. All design work remains the property of the seller until paid for by the customer.
The seller shall be indemnified by the buyer against any claim by a third party against the seller arising out of any goods supplied to or work done for the buyer including any infringements of copyright, patent, trademark or registered design.
Description of Goods: All descriptions and illustrations contained in any catalogues, price lists, advertising matter and other literature of the seller are intended merely to present a general idea of the goods described therein and none of them shall form part of the contract.
Materials: Material purchased by the seller and used in the production of jigs, moulds and similar goods for the purpose of any order shall remain their exclusive property and, upon the completion of the order, the seller shall be entitled to deal with such materials as deemed fit.
Cancellation: Where goods and material are purchased, and/or work is undertaken by the seller specifically for an order placed by the customer, the seller reserves the right to make a charge if the customer cancels or revises that order.
Samples: Where the customer places orders in reliance upon samples provided by the seller, the seller shall endeavor to ensure that the goods comply with the quality and dimensions of the sample, but no liability can be accepted for discrepancies between samples and the goods delivered.
Delivery: The seller will make every effort to keep to delivery and shipment dates, but such dates are not to be treated as terms of the contract and the seller will not be responsible for any loss or damage which may result from late delivery. The seller shall be entitled to make additional charges in respect of costs arising from any variation in standard delivery arrangements, or if the customer does not permit delivery to take place as agreed. Delay in delivery will not entitle the customer to cancel his order, nor will it provide entitlement by the customer to any indemnity, penalty or compensation. Customer’s who request goods to be delivered to a location and will not be present to provide a signature, will be deemed liable for those goods.
Insurance: where goods are supplied to customers outside the UK mainland we reserve the right to charge insurance at cost.
Claims: Claims in respect of any shortage, defect or damage must be made in writing within 7 days of delivery in each case and the items in respect of which defect or damage is claimed must be returned for inspection to the seller within 28 days after notice in writing of the claim. Any claim relating to total loss of goods must be made in writing within 14 days of such loss known to the customer. In relation to all claims for which the seller is liable, the sellers liability shall be limited to replacement of the lost, damaged or defective item as the case may be and the seller shall not under any circumstances be liable for any indirect loss, negligence liability or third party claim. Where the customer has claimed for non delivery and replacement goods sent, the customer shall be liable for the return of the original goods if they are subsequently delivered.
Returning Unwanted or Incorrectly Ordered Goods: When goods have been ordered in error or are not as expected, RB Medical may agree to their return subject to a 10% handling charge. This request must be made to RB Medical in writing within 14 days of receipt of goods, excluding bank holidays and weekends. The returning of the goods to us will be entirely at your own cost and responsibility. We will not be held responsible for missing parcels that you are returning to us. Returned goods will be accepted only with the prior written permission of the Company. The following goods are not eligible for return: 1. Broken or damaged. 2. Sterile goods where the seal has been compromised. 3. The goods have been used. 4. `The goods are not being returned in original packaging
Payment: Unless otherwise agreed, is strictly due within 30 days of the date of invoice. The customer will not be entitled for any reason whatsoever to withhold the whole or any part of the payment when it becomes due. Where the customer fails to abide by these terms credit facility may be withdrawn.
Overdue Accounts: If the customer ceases to pay his debts in the ordinary course of business or cannot pay his debts as they become due or has a winding up petition issued against it or being a person commits an act of bankruptcy or has a bankruptcy petition issued against him, then, without prejudice to other remedies the seller shall (a) at any time be entitled to charge interest at 3% above Bank of England Base Rate for the time being from the date on which settlement was due until payment both before and after judgment and (b)have the right not to proceed further with the contract or any other work for the customer and be entitled to charge for work already carried out.(whether completed or not) and materials purchased for the customer such charge to be an immediate debt due to us. And (c) In respect of all unpaid debts due from the customer have a general lien on all goods and property in our possession (whether worked on or not) and shall be entitled on the expiration of 14 days notice to dispose of such goods or property in such manner and at such price as the seller thinks fit and to apply the proceeds towards such debts.
Risk & Title: The risk in goods shall remain with us until delivery, when the risk shall pass to the customer. The legal and equitable ownership in goods shall remain vested with the seller until the full purchase price thereof has been paid. Until such time as payment in full has been made, the customer will hold the goods as our fiduciary agent and bailee and shall store goods separately from any other similar goods so that they are readily identifiable as the seller’s property. The seller hereby grant the customer a license for the sole purpose of disposing of the goods in the ordinary course of business subject to the express condition that the customer shall keep the proceeds of disposal, whether from sale1 or otherwise separate from any other moneys held by the customer and shall promptly remit to us the amount due provided that this license shall immediately terminate upon the commencement of receivership, liquidation or bankruptcy of the customer. If payment for the goods is not made when due, we shall without prejudice to other remedies, be entitled for the purpose of repossessing the goods to enter upon any premises where we reasonably believe the goods to be stored.
Force Majeure: The seller shall not be liable for failing to perform the contract whether wholly or in part, if the failure is caused either wholly or partly by any circumstances or circumstances outside the seller’s reasonable control.
Governing Law: The validity, construction and performance of all contracts made between the partied shall be governed by the laws of England
WEEE Collection Policy: The B2B end user is responsible for all liabilities regarding the environmentally sound disposal of this EEE when it becomes WEEE. The producer has paid no charge to its PCS (Producer Compliance Scheme) for its eventual recovery. The producer runs a take back service with the following terms and conditions: 1. The B2B End User must arrange and fund the carriage of the WEEE to the producer’s designated point as issued from time to time. Any disputes under any contract entered into by the company shall be settled in a court of the company’s choice operating under English law, and the customer agrees to attend any such proceedings. No action can be brought by the customer arising out of any contract more than 12 months after the completion of that contract.
LAW: Any agreement incorporating these Conditions shall be governed by English Law.
RB Medical is a trading style of RB Medical Engineering Ltd. Registered in England No. 2420424. VAT No: GB763025545