Our Terms & Conditions:
In these Terms and Conditions of business the following meanings shall apply:
- “the Company” shall mean Lavadent limited of Unit 1, Oak Tree House, 2 School Way, London N12 0RY.
- “the Customer” shall mean any person or persons, firm or company who buys or agrees to buy goods from the company.
2. Terms & Conditions Applicable
2.1 These terms and conditions shall apply to and govern all contracts for the sale of goods or the supply of services or both entered into by the Company. All conditions of the Customer or other terms and conditions or warrantees whatsoever whether communicated before or after these Terms and Conditions are excluded from the contract or any variations thereof unless otherwise expressly accepted by the Company in writing and the Customer’s own conditions shall not be regarded as a counter offer.
2.2 The exercise by the Company of any right pursuant to these Terms and Conditions shall be without prejudice to any other right available to it whether hereunder or under general law.
3.1 The Customer acknowledges that no contact was entered into in reliance on any representation other than those incorporated in these Terms and Conditions.
3.2 Unless otherwise specifically stated all prices quoted by the Company are exclusive of Value Added Tax which shall be due at the rate in force on the date of the Company’s invoice to the Customer.
4.1 Delivery dates and times specified by the Company are approximate only, unless expressly agreed by the Company in writing, time for delivery is not and shall not be deemed to be of the essence of the contract. The Customer shall make all arrangements necessary to take delivery of goods whenever they are tendered for delivery.
4.2 If goods are sold and delivered to the Customer in instalments each delivery shall constitute a separate contract, and failure by the Company to deliver any one or more of the installments or any claim by the Customer in respect of any one installments shall not entitle the Customer to treat the contract as whole as repudiated.
4.3 If there is not complete satisfaction with any goods received from the Company, the customer may return them for credit, provided that:
- The items are received in a readily saleable condition within 30 days of delivery to the Customer.
- The Company is notified of shortages, breakages and goods received in a unusable condition within 3 days of delivery.
- The goods must be accompanied by the Request for Credit Slip with full details for credit request.
5. Returned Goods
5.1 Goods which are not shown in the Company’s catalogue in force at the time of order will only be accepted for return and credit by the Company when the Company have given prior authorization. Where authorization is given the Company reserves the right to raise a reasonable cancellation charge.
5.2 Goods which are shown in the Company’s catalogue in force at the time of order will be accepted for return only upon the following conditions:
- Goods must be returned using the return slip printed on the Company’s delivery note, and must be accompanied by the Customer number, the number of the invoice upon which the goods were supplied and full details of the reason for return. Goods will not be accepted for return and credit if the original invoice cannot be traced.
- Goods returned must be in a condition suitable for re-sale, and inclusive of all original packing, operating instructions, guarantee card and accessories.
5.3 Goods which are accepted for return will be acknowledged or a credit note will be raised within 10 days of receipt of such goods by the Company. Goods which are damaged or lost in transit will not be credited by the Company as it is the Customer’s responsibility to ensure that Goods are adequately packaged and labeled.
5.4 Customer request for spares and goods that are ordered by special request or sent direct from suppliers are purchased on non refundable arrangement.
6. The Price and Payment
6.1 The price to be paid by the Customer shall be the sum(s) shown by the Company’s invoice(s). This price shall be based on the sum quoted to the Customer in the Company’s catalogue, but the company reserves the right to amend those prices at any time in its absolute discretion and to correct clerical errors or omissions.
6.2 Any orders under the value of £75 a £5.00 postal charge will be applied.
6.3 Orders placed with and sent directly from manufacturers will incur a carriage charge invoiced by the Company.
6.4 Payment of the price and VAT shall be due within 30 days of the date of the Company’s invoice unless different time for payment is specifically agreed between the parties in writing. Time for payment shall be of essence and payment must be made without set-off or credit.
6.5 Where goods are delivered in installments the Company may invoice each installment separately and the Customer shall pay such invoice in accordance with these Terms and Conditions.
6.6 If the Customer is in default in paying any sum as and when it becomes due, the Company shall have the right to suspend all further delivers until the default is made good and/ or to cancel the contract so far as any goods remain to be delivered there under. Additionally, payment for all goods supplied to the Customer shall become im- mediately due and owing, whether previously invoiced or not.
6.7 In the event that the Customer fails to pay any monies by the due date, the Company shall be entitled to charge interest on the outstanding monies both before and after Judgment from the due date to the date of actual payment at the rate of 2% per month or part month. The Customer shall also indemnify the Company against expenditure on all costs to recovery including without limitation legal fees, cost and disbursements reasonably incurred. Any banking charges incurred by the Company in respect of dishonored cheques will be payable by the Customer.
7. Title and Risk
7.1 The risk in goods sold to the Customer shall pass to the Customer upon tender for delivery so that the Customer is responsible for all loss damage or deterioration of the goods or a part thereof at the time of tender if the Customer wrongfully fails to take delivery of the goods when tendered or from the time when the same leave the premises of the Company (or the premises where the same stored for or by the Company or to the Customer’s order). Where the goods are delivered by the carrier any claim for loss or damage in transit must be made by the Customer against the carrier in accordance with any terms and conditions of business of the carrier.
7.2 Title in the goods or any part thereof shall only pass to the Customer when payment in full for all goods whatsoever supplied and all services rendered at any time by the Company has been made.
7.3 The Customer shall permit so far as it is able and shall use its best endeavours to assist any officer, employee, representative or agent of the Company to enter onto any premises where the goods may from time to time be situated and to repossess the goods at any time prior to title passing to the Customer and until such time as title passes the Customer shall hold the goods as the Company’s fiduciary agent and bailee.
8.1 If any distress or execution shall be levied on the Customer’s property or assets or any part thereof, or if the Customer shall make or offer to make any arrangement or composition with its creditors generally or if the customer:-
- Being an individual, commits any act of bankruptcy or if any Petition or Receiving Order in Bankruptcy shall be presented or made against him; or
- (b) Being a partnership, if the said partnership is dis solved for whatever reason or if any partner commits any act of bankruptcy or if any Petition or Receiving Order in Bankruptcy shall be presented or made against any partner or the partnership; or
- (c) Being a limited company, if proceedings are com menced for the liquidation of the Customers or if a meeting of creditors is called pursuant to section 588 of the Companies Act 1985 or if a resolution is passed for the voluntary winding up of the Customer (other than a member voluntary winding up for the purpose of amalgamation or reconstruction only) or the appointment of an Administrator or if a Receiver is appointed of all or any of the assets of the Customer, or the Customer ceases, or threatens to cease to carry on business then the Company shall have the right forthwith to determine all subsisting contracts whether remaining to be performed in whole or in part by serving written notice of such determination on the Customer, and all monies due to the Company shall become immediately due and payable.
9.1 Subject as expressly provided in these Conditions and except where goods are sold or services provided to person dealing as consumer within the meaning of the Unfair Contract Terms Act 1977 all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permissible by law.
9.2 The Customer shall be responsible for ensuring that all Statutory Governmental Regulations, Local Authority Regulations, operating instructions and safety precautions are complied with in relation to goods supplied by the Company.
9.3 Equipment and computer products which require installation and warranty/support services thereafter are subject to additional terms and conditions, a copy of which is available upon request from the Company.
10. Restriction of Liability
10.1 The Company shall not in any event be liable for indirect or consequential loss or damage, being loss or damage which does not directly and naturally flow from the supply of goods or materials, including without limitation loss of profit, of use, overhead costs, collateral damage or of contract arising out of the supply or failure of supply of goods or services by the Company (other than liability for death or personal injury resulting from negligence of the Company) and whether arising from breach of contract, negligence or for any other liability however arising, whether by statute or otherwise.
10.2 In all other cases (being cases of direct and natural losses or damage) it is specifically provided and agreed that compensation and damages payable under any claim or claims arising out of the contract between the parties under whatsoever pretext shall not under any circumstances amount in aggregate to more than the contract price or the goods and/or services forming the subject of claim or claims.
10.3 No liability for such direct losses shall attach to the Company unless details of such losses are notified to the Company in writing within 7 days of the date of delivery of the goods, or the date of the event giving rise to such loss if it is not apparent upon the date of delivery. In cases of alleged non-delivery, shortage or breakage, claims must be notified to the Company within 3 days of dispatch of the goods by the Company.
10.4 The ultimate legal responsibility for ensuring compliance with all applicable regulatory requirements for medical devices remains the responsibility of the manufacturer.
10.5 For the avoidance of doubt, nothing in this agreement shall confer on any third party any benefit or the right to enforce any term of this agreement.
11. Applicable Law
These Terms and Conditions and the rights and obliga- tions of the parties to the contract shall be governed, interpreted and construed solely in accordance with the Laws of England.