THE COMPANY - Medicircle Limited
THE CUSTOMER - The corporate entity, firm or person ordering the goods from the Company. All orders are made under these terms and conditions alone
and the Company salesman and agents have no authority to make any representation or promise on the Company's behalf or to vary these terms and conditions.
STATUTORY RIGHTS - Nothing in these Terms and Conditions affects the statutory rights of the Customer
DELIVERY - All goods quoted for delivery shall be delivered to the Customer. The cost of goods delivered will be
charged to The Customer as defined in the details of delivery charges in The Company's current published
price list or on the web site. Time for delivery is not of the essence and The Company shall not be
liable for any loss whatsoever or howsoever arising caused by its non delivery or its delay in
delivering. The Customer shall notify the Company within 14 days of the invoice date in the event of
non delivery.
COMSUMER PROTECTION (DISTANCE SELLING) REGULATIONS 2000
The regulations provide customers with a right to cancel on order and state that the cancellation of an order
must be in writing with 7 working days. The customer is under a duty to restore the goods to the supplier
and in the meantime take reasonable care of them.
RETURNS - Where goods have been delivered to the Customer in accordance with an order placed by them, but are
subsequently not required, the Customer is to restore them to The Company at the Customers' cost
and take reasonable care of those goods in the meantime.
PRICES - Prices quoted are those ruling at the date of quotation and unless otherwise stated all prices
quoted are exclusive of VAT. The Company reserves the right at any time prior to delivery of the goods
to adjust the price to take account of any increase in the cost of raw materials, labour or services or
any currency fluctuations affecting the cost of imported materials.
PAYMENTS - For Customers with an authorised credit account with The Company, all sums become due
and payable under these terms and conditions not later than the last day of the month following the month
in which the invoice is dated (i.e. nett monthly account). The Customer shall have no right of set off statutory
or otherwise. The Company reserves the right not to process orders if accounts are overdue. For Customers
without an authorised credit account, goods must be paid for before they leave the Company's premises.
RETENTION OF TITLE
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1. Risk in the goods shall pass to the Customer when the goods are delivered to the Customer or its agent.
2. Notwithstanding risk in the goods passing in accordance with subclause 1 of this clause title in
the goods shall not pass to the Customer until whichever shall be the first to occur of the following.
a) Payment being received by the Company for the goods and no other amount being outstanding from
the Customer to the Company in respect of other goods supplied by the Company.
b) The Customer selling the goods with the provisions of these terms and conditions in which
case title to the goods shall be deemed to have passed to the Customer immediately prior to delivery
to the Customer's Customer.
3. The Customer is licensed by the Company to use or agree to sell the goods delivered to the Customer
subject to the express condition that the entire proceeds of any sale are held in trust for the
Company and are not mixed with other monies or paid in to an overdrawn bank account and shall at all
times be identifiable as the Company's money.
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4. Until title in the goods passes:
a) The buyer will hold the goods as fiduciary agent and bailee for the Company.
b) The goods shall subject to subclause 3 of this clause be kept separate and distinct from other
property of the Customer and third parties and in good and substantial condition and shall be stored
in such a way as to be clearly identifiable as belonging to the Company.
c) The Company may at any time revoke the power of sale and use contained in subclause 3 to
this clause by notice to the Customer if the Customer is in default for longer than 14 days in
the payment of any sum whatsoever due to the Company whether due to the Company whether in respect of the
goods or any other goods supplied by it at any time to the Customer or if the Company has bona fide
doubts as to the solvency of the Customer.
d) The Customer's power of sale and use contained in subclause 2 of this clause shall
automatically cease if the buyer has a petition presented for the winding-up or passes a resolution
for voluntary winding-up otherwise for the purpose of a bona fide amalgamation or reconstruction or
compounds with its creditors or has a receiver appointed of all or any part of its assets or
becomes bankrupt or insolvent or enters into any arrangements with creditors or takes or suffers any
similar action in consequence of debts or carries out or undergoes any analogous act or proceedings
under foreign law.
e) Upon determination of the Customer's power of sale and use the Customer shall place any of the
goods in its possession or under its control and unsold at the disposal of the Company and the
Company shall be entitled to enter upon any premises of the Customer for the purposes of removing such
goods.
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5. The Company shall at any time be entitled to appropriate any payment made by the Customer in respect of any goods
in settlement of such invoices or accounts in respect of such goods as the Company may in its absolute discretion think fit
notwithstanding any purported appropriation to the contrary by the Customer.
CLAIMS AND SHORTAGES
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1. Nothing in this clause shall be deemed to exclude or restrict the Company's liability for death or personal injury
resulting from negligence.
2.Each subclause in this clause is separate and independent. In respect of defects or shortages discoverable on
inspection the Company shall be under no liability if a written complaint is not delivered to the Company within seven days of delivery detailing
the alleged defects or shortages unless the shortage is also reported to the carrier on delivery. In respect of defects
caused by faulty manufacture, materials or workmanship which are not discoverable on inspection but which are discovered within one month
of delivery the Company will either repair the goods or at its cost replace them provided that:
a) The Customer informs the Company of the relevant defect in writing within seven days of discovery and
b) Returns the goods to the Company at its own expense.
4. The Company shall not be liable for any consequential or indirect loss suffered by the Customer whether such loss
arises from breach of a duty in contract or tort or in any other way (including loss arising from the Company's negligence).
5.The Company's total liability for any one claim or for the total of all claims arising from any one act or default of
the Company (whether arising from the Company's negligence or otherwise) shall not exceed the contract price.
ERRORS AND OMISSIONS
The published contents of our website, catalogue and other publications are excepted from any errors and omissions. We cannot be held liable for such errors
or omissions, or any events and consequences of events resulting from the said errors or omissions. If something is found to be missing or unclear
please contact us so that we can clarify the position and put things right.
DATA PROTECTION
Data Protection Notification Statement detailing the purposes for which we may use your information.
In order to comply with the Data Protection legislation we are required to inform you that we may use personal information (including information
that you enter on any websites) for the purposes listed below:
Accounts and Records
- - Keeping accounts relating to our business activities;
- - Making financial or management forecasts and records to assist us in managing our business and devising and implementing our business and marketing strategies and activities;
- - Keeping records of purchases, sales and other transactions for the purpose of ensuring that payments are paid or received, and deliveries are made and services provided;
- - Keeping records of purchases, sales and other transactions for the purpose of assisting us in devising and implementing our business and marketing strategies and activities;
- - Assessing the financial risk to us in trading with you or your business, now or in the future;
- - Keeping records for the purpose of making, defending or assessing claims.
Advertising, Marketing and Public Relations
- - Advertising, promoting or marketing our business activities, products and services;
- - Promoting public relations in connection with our business activities, goods and services.
Consultancy and Advisory Services
- - Giving advice or providing services of an advisory,after sales, customer care, consultancy or technical nature.
Property Management
- - The management and administration of land and property.
Research
- - Market research, scientific or technical research.
Databases
- - Creating and maintaining databases of trading history and account profiles of existing customers, suppliers and services providers for the purpose of assisting us
in devising and implementing our trading and marketing strategies and activities or any of the headings listed above.
- - Creating and maintaining databases of account profiles of prospective customers, suppliers and service providers for the purpose of assisting us in
devising and implementing our trading and marketing strategies and activities or any of the headings listed above.
Disclosure of Information to Third Parties
We may disclose your information to third parties whom we instruct to process information on our behalf, particularly with regard to the issuing of mail shots and market
research. Such third parties are required to only use your information for the purpose we instruct, and to take appropriate measures to prevent unauthorised or unlawful access to your information.
Queries
The information we hold about you will, to the best of our ability, be accurate and up-to-date. You can check the information we hold about you by sending us an
e-mail to sales@medicircle.co.uk. If you find any inaccuracies we will delete or correct it promptly.
CREDIT CARD TRANSACTIONS ON THE WEB
All credit card transactions on the www.medicircle.co.uk website are done through a secure third party and the card details
are never available to us. If you have any questions/comments about privacy, please do not hesitate to email us at sales@medicircle.co.uk
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