Terms & Conditions

1. GENERAL

All tenders and quotations are submitted by us and all accepted by us solely upon and subject to the following terms and conditions which shall be deemed to be incorporate in ant Contract between us to the exclusion of all other terms and conditions except such (if any) as are specifically accepted by us in writing.

2. INFORMATION

All tenders and quotations are made and orders accepted on the basis of the information supplied to us by the customer. In the event of such information proving insufficient or inaccurate, we reserve the right to cancel the contract or to increase the price tendered or agreed to such an extent as we may deem appropriate.

3. LIMITS OF CONTRACTS

Tenders and quotations submitted and orders accepted include only such goods, accessories, and work as are specified or referred to therein. No variation shall be binding on us unless the same shall be agreed in writing between us and the customer.

4. DRAWING & PARTICULARS

4.1

All descriptions, specifications, drawings, and particulars of weights and dimensions submitted with tenders are within accepted trade tolerances. Descriptions and illustrations contained in our catalogues and other advertisement matter are based on experience, are approximate only and form no part of the contract.

4.2

If any statement or representation has been made to the customer otherwise than as set out in the documents enclosed with our quotation upon which the customer relies, the customer must set out the statement or representation in a document to be endorsed with its order in which case we clarify the statement or representation and submit a new quotation.

5. LIMITS OF CONTRACTS

All prices quoted are for delivery at our works and are subject to fluctuation in the cost of labour, materials and overheads. Any increase in such costs during the period of production may be added to the quoted price but any prices quoted by us will be maintained for thirty days (errors and omissions expected) from date of quotation. The customer will pay the costs of packing and carriage for delivery. All packing and cases are non-returnable. All prices quoted are subject to VAT at the prevailing standard rate. Any organisations that are exempt from VAT, must provide a validated certificate at the time of ordering.

6. PAYMENTS

(A)

Terms of payment shall be strictly adhered to.

(B)

Discounts stated on our invoice are conditional upon adherence to our payment terms. Any discounts allowed will be revoked in the event of any breach of our payment terms and become payable

(C)

For account customers, payment of the price and VAT shall be due within 30 days of the date of the Company's invoice unless an alternative payment period is agreed in writing between ourselves and the customer. Time for payment shall be of the essence and payment must be made without set-o or credit.

(D)

Customers without credit accounts are required to tender full payment with their order for goods. Payments are accepted by cheque or BACS

(E)

No early settlement discounts may be taken unless agreed in writing by us.

7. DELIVERY

(A)

Any time quoted for delivery is to date from receipt by us of a written order to proceed and of all necessary information, drawings, signed approval prints and sample components where these are required by us to put the work in hand.

(B)

Time for delivery is given as accurately as possible but is not guaranteed.

(C)

The customer shall have no right to refuse to take delivery of goods earlier than the time quoted

(D)

The customer shall have no right to damages nor to cancel the order for failure for any cause beyond our responsible control to meet any delivery time stated and, in particular, resulting from our being delayed by instructions or lack of instructions or faulty information from the customer, or by industrial dispute, shortage of or defective materials, or by any other cause whatsoever beyond our control

8. CANCELLATION

Cancellation of an order or part of an order cannot be accepted, nor goods returned for credit, unless previously agreed to in writing by us. Where cancellation is agreed to we reserve the right to charge the customer the amount of any losses or the expense incurred or material used and a reasonable allowance for overhead charges and loss of profit. In any event the minimum cancellation charge shall be 30% of the gross product price before discounts. In the event of delay in or suspension of work on an order by the customer's instructions or lack of instructions, faulty information or any cause beyond our control, the contact price shall be increased to cover any extra expense thereby incurred by us.

9. TITLE OF GOODS

(A)

All goods supplied by LiP Medical Company Ltd to the customer shall remain the property of LiP Medical Company Ltd Company until such time as the Company has received payment in full for the goods and of all other moneys due to the Company from the Customer. After delivery of the goods to the Customer or his nominated sub purchaser, the goods shall be at the customer's risk and the customer shall insure those goods against loss or damage. Until such full payment is received the separate identity of those goods shall be maintained by the Customer

(B)

Under no circumstance can title to the goods supplied be passed to any third party unless by written agreement between the customer and LiP Medical Company Limited.

10. GUARANTEE

Subject to the other provisions these conditions:

(A)

The Conditions and Warranties contained in Sections 12 to 15 of the Sale of Goods Act 1893 are to be implied into the contract.

(B)

The customer shall have no claim or set-o in respect of shortages or defects apparent on inspection unless:-

(i)

the customer inspects the goods supplied immediately on arrival at the customerā€™s premises or the designated delivery location.

(ii)

A written complaint is sent to us within seven days of the arrival of the goods at the customer's premises or designated delivery location, specifying the nature of the shortage of defect and a written complaint is sent to the carrier within three days of delivery or such longer period as the carriers conditions permit.

(iii)

We are given an opportunity to inspect the goods before any use is made of them or any alteration is made thereto.

(C)

The customer shall not be entitled to any claim or set-o in respect of any repairs or alterations undertaken by the customer without our consent.

(D)

The customer shall have no claim or set-o in respect of defects not apparent on inspection unless a written complaint is sent to us as soon as the defect is noticed and in any event within twelve months of the date of delivery by us to the customer and provided that no use is made of the goods or alterations made thereto by the customer before we are given an opportunity to inspect them.

(E)

In the event of the condition of the goods being such as would (apart from this clause) entitle the customer to repudiate this contract or claim damages the customer shall not then do so but shall first ask us to supply satisfactory substitute goods and we shall thereupon be entitled to take back the defective goods and supply satisfactory substitute goods free of charge and within a reasonable time. If we supply satisfactory substitute goods the customer shall be bound to accept such goods and we shall be under no liability in respect of any loss or damage whatsoever arising from the initial delivery of the defective goods from the delay before the substitute goods are delivered.

(F)

Where under this condition we are entitled to inspect the goods we shall perform such inspection within ten days of receiving notice of any claim and the customer shall take all necessary steps to enable us to do so.

(G)

Under no circumstances whatsoever shall we be liable in respect of any consequential loss, liquidated damages, loss of profit or any other indirect costs.

(H)

Warranties are subject to the goods in question having been paid for in full.

11. FORCE MAJEURE

The Company will not be liable to the Customer for any failure or delay in delivery of the goods if it is due to any event beyond the reasonable control of the Company. The Company will be entitled to a reasonable extension of time for performing such obligations and shall not be liable for any loss or damage occasioned to the Customer thereby.

12. LAW APPLICABLE

All contracts are deemed to be entered into in England and shall be governed and construed in accordance with English Law.

Office:

Unit 60 AML Zone 2, Deeside Industrial Estate, Third Avenue, Deeside, Flintshire, CH5 2LA

Directors:

Gary Hudson - Jonathan Lowe

Registered Number. 7430100 VAT Reg. No. 101871054