Terms & Conditions

Orders

Notwithstanding that the Company may have given a detailed quotation, no order shall be binding on the Company unless it has been accepted in writing by the company. Order amendments shall not have any validity whatsoever except with this Company's written consent and under conditions which will indemnify this Company for any added costs of such changes. All changes must be submitted by the customer in writing.

A minimum order value applies which is less VAT and carriage

Delivery and Claims

We will always try our best to ensure on time delivery, however, time for delivery of the products shall not be essential to the contract unless previously agreed in writing by the Company. Collection of goods is also available but subject to the delivery conditions on the Delivery Information page.

(For all other Delivery queries please see Delivery Information)

Prices

All prices quoted are exclusive of Value Added Tax and delivery.

Payment

For new account customers payment is to be made immediatley on order via PayPal. For existing account customers payment should be made within 30 days of invoice. The Company reserves the right to require payment in advance of delivery or other form of security if appropriate.

Pro-Forma

Orders received on a pro-forma basis will need to have payments processed before any goods are despatched. Payments can be made by bank transfer, PayPal or as agreed between both parties. New account customers on a pro-forma basis will need to have purchased 3 orders before credit terms can be agreed.

Risk and ownership of goods

The risk in respect of the products shall pass to the Buyer at the time of actual delivery, or if the Buyer fails to take delivery of the products without good reason, at the time when the Company has attempted to deliver the products. Until the Buyer has paid all sums due to the Company for all products which have been supplied:

· The products will continue to belong to the Company

· The Buyer will possess the products as the Company's bailee.

· The Buyer must store the product separately and in such a way that they can be identified as the Company's property.

· The Company shall have the right with or without prior notice at any time or retake possession of the products (and for that purpose to go to any premises occupied by the buyer or by any subsidiary, parent or associated company).

· The Buyer may sell the products in the ordinary course of the business but must account to the Company for the proceeds of the sale.

· This clause does not affect any other rights or remedies the Company may have under this contract, in particular the Company's right to sue for the price of the products.

Warranties

The Company warrants that all products conform to any data sheet, catalogue description and specification, analytical information, or other literature supplied to the Buyer. Claims for breach of this warranty must be received by the Company in writing within 2 months of the delivery of the product. If the Company is satisfied upon examination that a defect exists, then the Company will replace the product free of charge or will credit the buyer with the cost of the product at the Company's discretion.

Force Majeure

The Company shall be entitled to delay or cancel delivery or to reduce the amount of goods delivered if and to the extent that it is prevented from or hindered in or delayed in manufacturing, obtaining or delivering the goods by normal route or means of delivery.

The above will come to pass through any circumstance beyond its control including (but not limited to) strikes, lock-outs, accident, war, fire, reduction in or availability of power at manufacturing plant, breakdown of plant or machinery or shortage of unavailability of raw materials from normal sources of supply.

Governing Law

These conditions shall be subject to and construed in accordance with English Law. The parties agree that the English courts will have exclusive jurisdiction to hear any disputes relating to this contract.

Acceptance of Terms

· These terms and conditions of sale set out the terms on which the Buyer agrees to buy from BMS Critical Care, ‘the company’ the products.

· All orders accepted by the Company are accepted on the basis of these terms. The Buyer hereby agrees that these terms shall apply to all future orders.

· These terms shall be the only terms of the contract.

· The Company is not bound by any statement or representation made about the products by the company before the formation of the contract.

International Sales

Call the sales office on + 44 (0) 1254 268510 or email sales@bmscriticalcare.com for information on overseas trading.

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