1.       FORMATION OF CONTRACT OF SALE

            These terms of sale shall be deemed incorporated in all orders placed by customers.  To constitute a contract an order must be accepted in writing by P.M.S. (Instruments) Limited (the Company), Waldeck House, Waldeck Road , MAIDENHEAD, Berkshire SL6 8BR.  Unless the company agrees in writing to any additional terms or amendments proposed by the customer these terms shall constitute the entire contract of sale.  The Company reserves the right to refuse any Order at any time.

 2.       MODIFICATION AND CANCELLATION

           The terms of the Contract may not be modified or the Contract cancelled without the written consent of the Company. Once an Order has been received and accepted, cancellations or amendments to orders, irrespective of circumstances, will be charged to the customer, whether by verbal, written or electronic acknowledgement or by dispatch of the goods.

 3.         PRICES AND PAYMENT

            a.         All prices are quoted exclusive of carriage and VAT, unless otherwise indicated. Quotations are valid for 30 days and thereafter subject to change without notice.

 

            b.         Subject to credit being approved, payment shall be made strictly within 14 days from the date of invoice unless otherwise agreed in writing.  Otherwise payment must be received by the Company before delivery.  When deliveries are spread over a period, each consignment will be invoiced as dispatched and such invoice will be payable accordingly.  The Company reserves the right to charge interest on all overdue accounts at 5% above current HSBC Bank of England base rate.  Failure to pay for any goods, or for any delivery or installment, shall entitle the Company to suspend further deliveries without prejudice to any other right the Company may have.  The Company reserves the right, where a customer fails to adhere strictly to the agreed credit terms or where the Company has reasonable doubts as to a customer’s financial standing, to suspend delivery without liability until payments or satisfactory security for payment has been provided.

 

            c.         The Company does not operate a sale or return policy. Where the Distance Selling Regulations apply the customer will have 7 days from date of receipt of goods to reject the equipment if not according to specification.  It is the customer’s responsibility to ensure reasonable care is taken of the goods and to return the goods are returned undamaged and in the original saleable condition to the Company where a refund will be issued within 30 days.  The customer must contact the Company prior to returning any goods where a Goods Return Number will be issued. The Company reserves the right to make any charges for expenses incurred, or to be incurred, as a result of cancellation.  For example, transaction processing, carriage, restocking, re-dispatching charges, may be deducted from refunds due.  Unless such rejection notice is given to the Company in writing, the equipment is deemed to be accepted for payment in the normal manner. The right to cancel will not apply to goods made or configured to a customers specification to software which has been unsealed or installed or to products where there is a risk of cross infection.

   4.         RISK AND TITLE TO GOODS

            Risk of loss and responsibility for the equipment pass to the customer upon receipt of the equipment.  Title to the goods shall not pass to the customer until payment is received by the Company, in full. In the case of business customers, before Title has passed and without prejudice to its other rights, the customer irrevocably authorises the Company and its servants and agents to enter upon the customer’s premises, where the goods are stored, for the purpose of repossessing them and subsequently re-selling them.

 5.         METHOD OF SHIPMENT

            When no shipping instructions are given the Company will deliver the equipment by what appears to the Company to be the most practical method in the light of the cost and required date of delivery.

 6.         DELIVERY, LOSS OR DAMAGE IN TRANSIT

            When the Company delivers to the customer, delivery will take place when the goods are delivered to the customer’s premises or unloaded from transport and risk will thereupon pass to the customer. When the customer collects from the Company, delivery will take place when the goods are loaded on transport or leave the Company’s premises, whichever occurs first and risk passes to the customer.  The Company accepts no responsibility for any loss or damage once delivery has taken place.  The customer shall inspect and test the equipment upon receipt and if it does not operate properly due to damage in transit the Company will only entertain a claim if within 5 days of receipt the customer advises the Company and the courier and sends the Company a full report of the damage in writing. 

 7.         WARRANTY

            The Company takes all precautions to ensure the quality of materials and workmanship against faulty material and/or workmanship in accordance with all relevant manufacturer’s and supplier’s guarantees and warranties.  This warranty applies only to the first owner/user of the goods and is not transferable.  The Company, under no circumstances, accepts responsibility for defects whatsoever arising from the misuse of any goods or arising out of situations outside the control of the Company.  This guarantee shall not apply to defects in any goods that have been altered by customers, misused or repaired by non- authorised persons. Subject to the above if, during the warranty period, the customer complains of a defect in the materials or workmanship, the Company shall bear the cost of materials needed and the labour used for the replacement or repair of the equipment.  Any repair or replacement of a product in no way extends the duration of the original warranty. The Company shall not be liable for any expenses arising from delay in replacing or repairing the equipment under this warranty or for any other losses or expenses incurred by the customer as a result of the defect.  This warranty is on a back to base basis and does not cover carriage either to or from the Company’s premises. All of our products are covered against manufacturing defects for a minimum of 12 months with the exception of batteries (3 months), cuffs (6 months) or other accessories.

 

           Unless equipment is installed by the Company or the Company’s authorised agent, this warranty does not cover equipment supplied by the Company which is improperly installed.  Further, it does not cover equipment, which has been improperly used or has been damaged in accident or by neglect on the part of the customer or a third party.

 

            This warranty is in lieu of all other warranties, expressed or implied, statutory or otherwise, which are excluded to the fullest extent permitted by law.

 8.         RETURN OF THE EQUIPMENT

            Unless otherwise directed by the Company when approving the return of the equipment for replacement or repair to obtain a refund of monies paid, the customer shall return the equipment in the original shipping containers or in strong containers surrounded by shock absorbing material. The equipment will not be accepted unless it is returned in accordance with the Companies instructions or with the provisions of this clause.  The customer must call for a Goods Returns Number prior to returning goods or with sufficient information to identify the customer.

 9.         FORCE MAJEURE

            All contracts are subject to the Companies right to cancel the same in whole or part or to delay deliveries at its option in the event of war, civil insurrection, riot, government regulations, shortage of materials, strikes, force majeure or any other causes whatsoever beyond its control which interfere with the performance of the contract and the Company shall not be held responsible for any inability to deliver or for delay in delivery caused by any such contingencies.

 10.       DELIVERY

            Times quoted for delivery date from the Companies acceptance of the order are estimated figures only and are given in good faith.  The Company accepts no responsibility or liability for delay and no delay shall entitle the customer to reject any delivery or to repudiate the Contract or claim damages or compensation.  The Company will make every reasonable effort to comply therewith, but shall not be responsible for failure to do so nor shall the customer have any right to cancel the contract on account thereof.

 11.       LIABILITY

            If any equipment supplied by the Company shall prove defective as a result of defective materials or workmanship there shall be no liability attached to the Company other than for the repair or replacement of the defective items subject to the provisions of paragraphs 7 and 8 hereof.  In no event shall the Company be liable either for damages or for any consequential loss howsoever arising.  Full information will be supplied at the request of the customer regarding the manufacture and capabilities of the goods and no responsibility is accepted as to the suitability of any goods for a particular purpose once an order is accepted, except under the terms of the Company’s guarantee, so far as is allowed by law.  The Company will not be responsible and will not assume any liability for damage of any kind sustained either directly or indirectly by any person or through reliance or use of such information in whole or in part.

 12.       DATA

            Although all data, dimension and tables supplied have been carefully compiled and checked the Company is not responsible for any errors or omissions.

 13.       PATENT RIGHTS

            The placing of an order with the Company implies the recognition by the customer of the right of the Company and of the manufacturer of the goods sold under any patents, trade marks, registered designs or other industrial property rights and the customer undertakes that patent numbers, trade marks or any other markings on such goods shall not be defaced or obliterated.