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To Order Tel: 01274 533233 . Fax: 01274 537663 . Email:
Ortho-Care UK Ltd
Terms and Conditions
ORTHO-CARE (UK) LTD
STANDARD TERMS AND CONDITIONS OF SALE
The placing of an order with Ortho-Care (UK) Ltd implies acceptance of all our
Terms:
1 Order
1.1 Ortho-Care (UK) Ltd accepts orders by telephone, fax, post, via
Electronic Data Interface, or email, or directly with Ortho-Care (UK) Ltd’s
appointed representatives. Orders may also be placed via our website, which
is subject to its own Terms and Conditions (see website for further details).
1.2 All orders accepted by Ortho-Care (UK) Ltd shall be subject to these
Conditions and no contract shall be deemed to be in place until Ortho-Care
(UK) Ltd has formally accepted an order.
1.3 If an item is out of stock a picking note will be sent out informing the
Customer that the item is out of stock. The Customer may request an alternative,
or may cancel the order if desired, otherwise the item will be sent as soon as it
is back in stock.
2 Payment and Prices
2.1 All prices are quoted exclusive of Value Added Tax.
2.2 Payment is due within 30 days of the invoice date.
2.3 If payment is not made we may charge interest on all overdue accounts
at 3% over the prevailing Yorkshire Bank base rate until such time as payment
is received. If debts have to be chased through court or debt collection
agencies, costs and interest will be incurred for which you will be liable. You
may also incur a late payment charge.
2.4 If payment is not made in full on or before the due date, Ortho-care (UK)
Ltd reserves the right to remove any discount offered, and to claim the full price
of the goods or services, without discount, at the date of invoice.
2.5 All prices quoted are accurate at time of publishing. Please note all
prices are subject to change without notice, including, but not limited to, as a
result of exchange rate fluctuations. E&OE. Should a change occur after the
date of a Customer’s order, the price ruling at the date of dispatch will be
charged.
2.6 In case of dispute, payment cannot be withheld in full or part.
2.7 The price does not include the cost of carriage to the contracted place of
delivery. The method of delivery shall be at the discretion of Ortho-Care (UK)
Ltd in the absence of special instructions. Should a Customer instruct Ortho-
Care (UK) Ltd to send the goods by special transport, the additional cost will be
met by the Customer.
2.8 Any query on an invoice must be made within 21 days of the invoice
date to the company.
2.9 If goods are sourced by us by special request, the price must be
confirmed at the time an order is placed. Most suppliers will not accept the
return of any item if ordered specially, and a credit therefore cannot be given
for the return of such items.
2.10 Any prices quoted on promotional flyers are valid until the promotional
date advertised, and are subject to availability. Future availability will be
subject to our catalogue, and or stock availability.
2.11 Ortho-Care (UK) Ltd reserves the right to correct clerical omissions and
errors.
2.12 If any sum of money is due from the Customer, the same may be deducted
from any sum then due, or which becomes due to the Customer under this or any
other agreement between Ortho-Care (UK) Ltd and the Customer.
2.13 Ortho-Care (UK) Ltd reserves the right to charge an administration fee
(at a minimum of £25 per transaction) in the event that unrepresented payments
are received from the Customer.
3 Risk
3.1 The risk in respect of all goods supplied shall pass to the Customer upon
the goods being delivered to the delivery point, but the property in and title to
will remain with Ortho-Care (UK) Ltd until payment is received in full.
4 Title or Ownership of the Goods or Services
4.1 Until the purchase price of all goods supplied by Ortho-Care (UK) Ltd
shall have been paid or satisfied in full ownership of the goods shall remain
vested in Ortho-Care (UK) Ltd (notwithstanding the delivery of the same and
the passing of the risk therein) but the Customer shall at all times insure the
goods for a sum not less than the full purchase price with an Insurer of repute,
and shall store such goods in a proper manner without charge to Ortho-Care
(UK) Ltd so that they are identified as belonging to Ortho-Care (UK) Ltd.
4.2 Ortho-Care (UK) Ltd retains the right to recover and resell the goods
(if in the Customer’s possession) until ownership of the goods has passed to the
Customer. If the Customer fails to produce the goods forthwith on the request
of Ortho-Care (UK) Ltd, Ortho-Care (UK) Ltd or its servants or agent reserves
the right to enter unhindered with appropriate transport the Customer’s
premises, to recover and repossess the goods in question. The rights conferred
on Ortho-Care (UK) Ltd under this paragraph are in addition to and shall not
in any way limit or restrict any other right or remedy of Ortho-Care (UK) Ltd
against the Customer.
4.3 The Customer is hereby authorized to sell the goods in the ordinary
course of its business for the account of Ortho-Care (UK) Ltd and to pass good
title in the goods to its Customer (being bona fida purchaser for value without
notice of Ortho-Care (UK) Ltd’s rights) but the Customer’s right of resale shall
automatically cease upon the occurrence of any of the events referred to in
sub-paragraph 4.2 above. In the event of any such sale by the Customer the
proceeds of the sale shall be held in trust for Ortho-Care (UK) Ltd, but the
Customer shall be entitled to retain for himself therefrom any excess over the
amount then owing by the Customer to Ortho-Care (UK) Ltd. In addition, Ortho-
Care (UK) Ltd is entitled to recover directly from the Customer’s customer any
such proceeds of sale unpaid by such customer, provided that Ortho-Care (UK)
Ltd shall return to the Customer any monies recovered in excess of the amount
then owed by the customer to Ortho-Care (UK) Ltd (Ortho-Care (UK) Ltd being
entitled to deduct from such excess the costs and expenses incurred by it in the
recovery of such monies).
4.4 Until payment of the purchase price the Customer shall indemnify Ortho-
Care (UK) Ltd against non-payment, loss, damage, destruction or diminution in
the value of the goods whether the same shall have been caused by or arisen
from matters wholly or partly within the control of the Customer.
5 Delivery
5.1 Any claim for damage or short delivery should be notified to Ortho-Care
(UK) Ltd within 3 days of receipt for the claim to be considered. Claims for
non-delivery should be notified within 14 days of the invoice date.
5.2 Goods damaged during transit must be kept together with the
packaging for inspection, and confirmation of any damage must be sent in
writing.
6 Cancellation
6.1 Ortho-Care (UK) Ltd reserves the right to cancel any order or balance
of order or contract without liability, where supply or delivery of goods is
prevented by circumstances outside their control.
6.2 The Customer may not cancel an order after it has been given to Ortho-
Care (UK) Ltd except with Ortho-Care (UK) Ltd’s agreement. Where special
items are cancelled a charge may be made to cover costs already incurred.
7 Approvals
7.1 Goods sent on approval remain the property of Ortho-Care (UK) Ltd,
and unless returned to Ortho-Care (UK) Ltd in a saleable condition within 14
days they will be invoiced to the Customer.
