In these Terms and Conditions of business the following meanings shall apply:
– The Company shall mean Henry Schein Medical of Medcare House, Centurion Close, Gillingham, Kent ME8 0SB
The Customer shall mean any person or persons, firm or company who buys or agrees to buy goods from the Company
Force Majeure shall mean any an event or circumstance which is beyond the control of and without the fault or negligence of the party affected including but not limited to natural disasters, storms, fire, flooding, lightening and, pandemic
2 CONDITIONS APPLICABLE
2.1 These Terms and Conditions shall apply to and govern all contracts for the sale of goods entered into by the Company where goods are dispatched by the Company to the Customer by mail order or delivery, and Customer acknowledges and accepts all such terms and conditions by placing an order for goods. All conditions of the Customer or other terms and conditions or warranties whatsoever whether communicated before or after these Terms and Conditions are excluded from the contract or any variation thereof unless expressly accepted by the Company in writing and the Customer’s own conditions shall not be regarded as a counter offer.
2.2 The Company reserves the right to contact external credit reference agencies.
2.3 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.
2.4 We are required to limit the sale of licensed products only to qualified healthcare professionals. We may request proof of a current, valid license at any time and we reserve the right not to ship licensed product for any reason.
2.5 Customer shall inform Henry Schein Medical if at any time their license/registration expires and has not been renewed, or is limited, revoked, terminated, cancelled or no longer associated with the customer account.
2.6 The Company reserves the right to accept or reject any orders in its absolute discretion. If acceptance or rejection is not communicated within 5 (five) working days after receipt of the order, the order shall be deemed accepted.
2.7 All orders and supply shall be subject to availability and the Company shall have the right to cancel and/or reject any order at its discretion. Any cancellation shall be notified to the Customer and refunds applied where applicable.
3.1 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.
3.2 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 instalments or any claim by the Customer in respect of any one or more instalments shall not entitle the Customer to treat the contract as a whole as repudiated.
3.3 If you require something urgently we can despatch to meet your deadline, the following charges will apply Monday to Friday. For delivery by 10.30 am - £20 + VAT For delivery by 12.00 midday - £15 + VAT
3.4 Delivery during the COVID 19 pandemic
Please ensure you are present at the shipping address between 8am and 6pm on the day your order is being delivered. We aim to deliver next day, however due to the current situation our couriers cannot guarantee this but will make their best efforts. Couriers are following contactless protocols, they deliver to the address entrance but not inside, no signature is required, the courier records that the delivery has been made to a representative at the delivery address.
4 CANCELLING ORDERS/RETURNED GOODS
4.1 In accordance with clause 2.6 and 2.7 the Company shall have the right at its absolute discretion to monitor and/or cancel orders. The Company shall have no liability for cancelled orders. The Company shall notify the Customer within a reasonable time of the cancellation of the order and where applicable refund any payments made.
4.2 Customers are reminded that it is illegal to send contaminated goods through the post. Equipment containing mercury must be emptied and disposed of in a suitable authorised container before return. To reduce the risk of cross contamination, all instruments/ equipment should be sterilised as per Manufacturers’ instructions. The details of the method used for sterilisation of items must accompany the returned item. The Company reserves the right not to handle items which do not meet these specific requirements. Any agreement or authorization to accept goods back does not absolve the customer from these responsibilities.
4.3 Customer Satisfaction Guarantee The quality of your delivery is important to us; please therefore check the parcel immediately upon receipt. If for any reason you are not completely satisfied with your purchase please contact the customer services on 0800 0304169 or e-mail on email@example.com within 7 working days of receipt we will be happy to authorise your return. When preparing your return please ensure that the product is in a condition suitable for re-sale, and inclusive of all original packaging, operating instructions, guarantee card and accessories. Goods must be accompanied by a proof of purchase and a Return Authorisation Number. The return authorisation number will ensure that your return is handled quickly and accurately. Please note items shipped directly back to our warehouse without pre-authorisation may be refused and no credit issued. Please ensure that Goods are adequately packaged and labelled to prevent damage in transit.
4.4 Returned Pharmaceuticals Due to MHRA regulations, we may not be able to accept the return of pharmaceuticals for resale. Therefore, we will only accept pharmaceutical returns for one of the following reasons: To correct an error in delivery or ordering by Henry Schein Medical; In response to a product or batch recall, instigated by a manufacturer; or where products or packages are damaged in transit. Products should be returned with all original packaging and patient information leaflets. Please make certain that you have obtained a Return Authorization Number from our customer service team on 0800 0304169 or e-mail on firstname.lastname@example.org before returning these items.
4.5 Goods wrongly ordered or Not Required – The following will be required / applied. We realise that from time to time you may order in error and as your supply partner we will assist you to correct the situation. We ask that you report any errors to our customer service department on 0800 0304169 within 7 days of receiving your order. After receiving a return authorisation number we ask that the product be promptly returned in saleable condition. Credit will be applied as noted below:
4.6 Where a Customer places a large volume order of Goods, the Customer shall not be entitled to rescind and/or cancel the Order without the prior consent of the Company. No variation to the Order shall be effective without the prior written notice and consent of the Company. All returns shall be at the discretion of the Company. Due to the current increase in demand and stock piling, all PPE and infection control items are non-returnable unless faulty or damaged upon receipt and reported within 48hrs of receipt. For FFP3, FFP2 and KN95 masks should the mask fail a fit test then any unopened boxes may be returned for credit. To qualify for a credit on these masks you must notify us of your intention to return the masks within 30 days of receipt.
4.7 Damaged Goods / Short Delivery
4.8 Product Recalls and Products Returned Under Complaint
4.9 Please do not return any goods before contacting our Customer Services Department on 0800 0304169 who will issue a Returns Note and arrange collection for you.
4.10 For larger and non-stock items a charge may be levied.
4.11 You can only return an item that has been used in any invasive procedure or been in contact with blood, other body fluids, respired gases or pathological samples or used in the treatment of HIV and/or Hepatitis viruses providing it has been decontaminated in accordance to HSG (93)26 and an audit trail is available for inspection of the decontamination process if required. A ‘Declaration of Contamination Status’ HSG (93)26 form must accompany the item. A separate form is required for each item being returned.
This Returns Policy Does Not Affect Your Statutory Rights.
5 REPAIR AND SERVICE
Sales of small equipment will be covered by the manufacturer’s warranty. Outside of the warranty period we will be happy to provide a quote.
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 price list, 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 The prices quoted in the Company’s price list are in pounds sterling. Due to fluctuations in currency exchange rates the company reserves the right to alter prices charged to all customers. 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.
6.3 In addition to the price for the Goods the Company shall invoice at cost for all packing, carriage charges, tax and duties on any order which is to be delivered outside the UK, excepting Eire where the Company will invoice for all packing and carriage charges on any order less than £200.00 exclusive of any tax or duties in force at the date of despatch.
6.4 Orders placed with and sent directly from manufacturers will incur a carriage charge invoiced by the Company.
6.5 Payment of the price and VAT shall be due by the 20th day of the month following the date of the Company’s invoice. Time for payment shall be of the essence and payment must be made without set-off or credit.
6.6 Where goods are delivered in instalments the Company may invoice each instalment separately and the Customer shall pay such invoices in accordance with these Terms and Conditions.
6.7 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 deliveries until the default is made good and/or to cancel the contract so far as any goods remain to be delivered thereunder. Additionally, payment for all goods supplied to the Customer shall become immediately due and owing, whether previously invoiced or not.
6.8 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 of recovery including without limitation legal fees, costs and disbursements reasonably incurred. Any banking charges incurred by the Company in respect of dishonoured cheques will be payable by the Customer.
6.9 Price Match Guarantee must exclude stock sold at liquidation.
Monthly leasing prices are subject to status and credit approval.
8.1 All discounts are applied before VAT
8.2 Licensed products are excluded from all discounts and rebates
8.3 Only recipients of promotional offers are eligible for discounts. Government funded institutions are not eligible for certain promotions.
9 TITLE AND RISK
9.1 The transfer of risk of damage to the goods shall take place at the moment when the customer takes delivery.
9.2 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.
9.3 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 situate 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.
10.1 Subject as expressly provided in these Conditions and except where goods are sold or services provided to a 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.
10.2 Where Goods are supplied to the Company with the benefit of a warranty from their manufacturer that warranty will continue to apply to the Goods following sale to the Customer, whether Goods are sold individually or as a package. If alleged defects in Goods prove to have been caused by incorrect operation, cleaning or handling or other improper use, the Company reserves the right to charge for service calls to those Goods. In all other respects the Company will warranty replacement parts for the length of the manufacturer’s warranty thereon, and labour for a period of 3 months.
10.3 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. Products are authorised for sale in the United Kingdom; Customers in other locations may be subject to local restrictions.
11 RESTRICTION OF LIABILITY
11.1 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 or goods or materials, including without limitation loss of profits, of use, overhead costs, collateral damage or of contracts 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 the negligence of the Company) and whether arising from breach of contract, negligence or for any other liability howsoever arising, whether by statute or otherwise.
11.2 In all other cases (being cases of direct and natural losses or damage) it is specifically provided and agreed that the 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 the claim or claims.
11.3 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 shortages or breakages, claims must be notified to the Company within 3 days of despatch of the goods by the Company. Alleged non-delivery of goods must be notified in writing to the Company within 5 days of receipt of either the invoice for the goods or a statement of account, whichever is the sooner.
11.4 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, without the expressed written consent of Henry Schein Medical.
12 APPLICABLE LAW
These Terms and Conditions and the rights and obligations of the parties to the contract shall be governed, interpreted and construed solely in accordance with the Laws of England.
Henry Schein Medical, a division of:Henry Schein UK Holdings LimitedRegistered office: Medcare HouseCenturion CloseGillingham Business ParkGillingham, Kent, ME8 0SB
Company No: 11584480VAT Registration No: GB 573 7789 79
13. FORCE MAJEURE
13.1 The Company shall not be liable to the Customer or be deemed to be in breach of any provision of these terms by reason of any delay in performing, or any failure to perform any obligation under this Agreement if the delay or failure was due to circumstances which the Party could not avoid and the consequences of which it was unable to prevent.
Last Updated: 25th June 2020