NON FAULTY RETURNED GOODS
1 Goods are not supplied on a sale or return basis. Returns of non-faulty goods will only be accepted at the sole discretion of and with the prior written permission of the Company. Permission must be obtained within 24 hours from time of delivery. In the event that permission is given then the Customer will be refunded in full. Where the Company agrees to the return of non-faulty Goods, such items must be returned in the following time frame
(i) Goods requiring temperature-controlled storage must be returned in accordance with MHRA guidelines within 24 hours of delivery and must have been stored correctly whilst on the Customer's premises.
(ii) Pharmaceutical and non-pharmaceuticals Goods (other than those requiring temperature-controlled storage) must be returned within 5 days of delivery.
2 If any non-faulty Goods are returned, they must be unused, in original packaging, they must not be relabelled, tamper evident seals must be intact and the Goods must be fit for sale.
3 The cost of carriage of non-faulty returned Goods accepted by the Company is the responsibility of the Customer. The Company shall be entitled to impose a handling charge at a rate of 25% on net invoice value or a minimum handling charge of £15.00 for all cancellations, amendments and non-faulty returned Goods.
4 Items made to Customer's own specification or have been specifically ordered will not be accepted for return unless faulty in accordance with condition 15.
5 Temperature controlled and pharmaceutical items will not be accepted for return unless faulty in accordance with condition 15.
6 Any Goods returned under this condition 16 must be accompanied by a returns note, which the Company will supply to the Customer upon request. Failure to do so will render any claim for credit null and void. Any credit will only be raised after satisfactorily passing inspection by the Company's distribution centre. The Company reserves the right to request photographic evidence. The Company accepts no responsibility for Goods whilst in transit back to the Company.
WARRANTY AND LIABILITY
1 The following provisions of this Condition 15 set out the Company's entire liability (including liability for the acts and omissions of its employees, agents and sub-contractors) in respect of:
(a) Any breach of the Contract; and
2 Goods are supplied according to the descriptions and specifications given in the relevant catalogues or marketing materials of the Company. Unless otherwise advised to the Customer on acceptance of the Order the Company gives no warranty other than that offered by the manufacturers of the Goods. The Company makes no representation as to the suitability of fitness of any goods for any particular purpose unless expressly given or made in Company brochures or websites. For details of manufacturer's warranties, refer to the Company's catalogue or to the manufacturers own description and specification.
3 In the event that an item is defective within the meaning of the Sale of Goods Act 1979 (as amended from time to time) the Company reserves the right, at its absolute discretion, to replace or repair the Goods as an alternative to refunding the purchase price.
4 In the event that the Customer has a valid claim for any defect, loss, damage or non-compliance with the Contract the Company's only obligations in respect of such defect, loss, damage or non-compliance shall be to:
(a) Make good any shortage or non-delivery; and/or
(b) At its option replace the items concerned or refund the cost of such Goods to the Customer and any transport costs incurred by the Customer in connection with the delivery of the Goods in question and/or their return to the Company. In the event that the Company agrees to a replacement, the original items of concern must be returned within the following timeframes:
(i) Goods requiring temperature-controlled storage will be accepted to correct a delivery error or faulty product only. In this case, the Goods must be returned in accordance with MHRA guidelines within 24 hours of delivery and must have been stored correctly whilst on the Customer's premises. (ii) Pharmaceutical goods (other than those requiring temperature-controlled storage) must be returned within 5 days of delivery.
(c) Goods will not be accepted by the Seller for return other than accordance with the Medicines Control Agency's document on Good Distribution Practice (Guidelines on Good Distribution Practice of Medicinal Products for Human Use).
5 The Company shall not be liable for a breach of this warranty where:
5.1 the Goods have been improperly altered in any way whatsoever, or been subject to misuse or unauthorised repair by the Customer;
5.2 the Goods have been improperly installed or connected by the Customer;
5.3 the Goods have been opened, partly used or the seals or labels have been removed or tampered with;
5.4 the Goods have been damaged by fire, water, smoke or chemicals;
5.5 any maintenance requirements relating to the Goods have not been complied with by the Customer;
5.6 any instructions as to the storage of the Goods have not been complied with by the Customer in all respects;
5.7 the Customer has failed to notify the Company of any visible or suspected defects or damage within 3 days of delivery where the defect or damage should be apparent on reasonable inspection, or within 5 days of the same coming to the knowledge of the Customer where the defect or damage is not one which should be apparent on reasonable inspection. It shall be the responsibility of the Customer promptly to check the Goods for quantity and patent defects following delivery by the Company.
6 If the Customer fails to give notice in accordance with condition 15.5.7 above the items delivered shall be deemed to be in all respects in accordance with the Contract and without prejudice to earlier acceptance by the Customer it shall be bound to accept and pay for the same accordingly and all claims in respect of non-delivery, loss, damage, defect or non-compliance shall thereafter be wholly barred.
7 Any Goods returned under clause 15 or clause 16 must be accompanied by a returns note, which the Company will supply to the Customer upon request. Failure to do so will render any claim for credit null and void. Any credit will only be raised after satisfactorily passing inspection by the Company's distribution centre. The Company reserves the right to request photographic evidence. The Company accepts no responsibility for Goods whilst in transit back to the Company.
8 Where a breakage has occurred or it is suspected that the Goods have been tampered with or misappropriated in any way the Customer should retain the complete packaging and the Company and the carriers should be notified immediately. Claims cannot be considered unless these conditions are observed and the Goods returned in the time frames stipulated in clause 15.4 (b).
9 No replacements are available whilst goods are exchanged, replaced or repaired.
10 Subject to condition 15.12 the Company shall not be liable for any costs, claims, damages or expenses, whether arising out of any tortious act or omission, any breach of contract or statutory duty, of an indirect or consequential nature or that are calculated by reference to profits, income, production or accruals or loss of such profits, income, production or accruals or by reference to accrual of such costs, claims, damages or expenses on a time basis.
11 Subject to condition 15.12 the aggregate liability of the Company to the Customer for any loss or damage (whether asserted by the Customer or third parties) of whatever nature and caused as set out in Condition 15.1 shall be limited to and in no circumstances shall exceed the total invoice price of the Goods in respect of which the claim relates and any transport costs, less any discount given and excluding VAT.
12 Nothing in these Conditions shall operate so as to exclude or in any way limit either party's liability for fraud, or for death or personal injury caused by its negligence, or any other liability that may not be excluded for limited as a matter of English law.
13 Nothing herein shall impose any liability upon the Company in respect of any defect in the Goods arising out of the acts, omissions, negligence or default of the Customer, its servants or agents including in particular (but without prejudice to the generality of the foregoing) any failure by the Customer to comply with any recommendations of the Company as to storage and handling of the Goods.
14 The Company makes no representation or warranty that use of the Goods does not infringe the rights of any third party and the Company accepts no liability in this respect.
15 Except as provided for in these Conditions, any conditions and/or warranties, (whether express or implied by statute or common law or howsoever) including but without limitation those of satisfactory quality or of fitness for a particular purpose (even if that purpose is made known expressly or by implication to the Company) are hereby excluded.