Terms and Conditions
These terms and conditions govern your use of our website. Please read the terms in full before you use this Website. If you do not accept these terms, please do not use this Website. Using the Website implies that you accept these terms. We do occasionally update these terms so please refer back to them in the future.
- Site Access
- 1.1 You will be able to access the majority of this Website without having to register any details with us.
- Use of Website
- 2.1 You are permitted to use our website for your own purposes and to print and download material from this Website provided that you do not modify any content without our consent. Material on this website must not be republished online or offline without our permission.
- 2.2 The copyright and other intellectual property rights in all material on this Website are owned by us or our licensors and must not be reproduced without our prior consent.
- 2.3 Subject to paragraph 2.1, no part of this Website may be reproduced without our prior written permission.
- Site Uptime
- 3.1 We take all reasonable steps to ensure that this Website is available 24 hours every day, 365 days per year. However, websites do sometimes encounter downtime due to server and, other technical issues. Therefore we will not be liable if this website is unavailable at any time.
- 3.2 This Website may be temporarily unavailable due to issues such as system failure, maintenance or repair or for reasons beyond our control. Where possible we will try to give our visitors advance warning of maintenance issues but shall not be obliged to do so.
- Visitor Conduct
- 4.2 When using this website you shall not post or send to or from this Website any material:
- (a) for which you have not obtained all necessary consents;
- (b) that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offence, give rise to a civil liability, or otherwise is contrary to the law in the United Kingdom;
- (c) which is harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data.
- 4.3 We will fully co-operate with any law enforcement authorities or court order requiring us to disclose the identity or other details of any person posting material to this website in breach of Paragraph 4.2.
- Links to and from Other Websites
- 5.1 Any links to third party websites located on this Website are provided for your convenience only. We have not reviewed each third party website and have no responsibility for such third party websites or their content. We do not endorse the third party websites or make representations about them or any material contained in them. If you choose to access a third party website linked to from this Website, it is at your own risk.
- 5.2 If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, any page on this Website, and subject to the following conditions:
- (a) you do not in any way imply that we are endorsing any services or products unless this has been specifically agreed with us;
- (b) you do not misrepresent your relationship with us or present any false information about us;
- (c) you do not link from a website that is not owned by you; and
- (d) your website does not contain content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person or does not comply in any way with the law in the United Kingdom.
- 5.3 If you choose to link to our website in breach of Paragraph 5.2 you shall fully indemnify us for any loss or damage suffered as a result of your actions.
- 6.1 We take all reasonable steps to ensure that the information on this Website is correct. However, we do not guarantee the correctness or completeness of material on this Website. We may make changes to the material on this Website at any time and without notice. The material on this Website may be out of date, or on rare occasions incorrect and we make no commitment to ensure that such material is correct or up to date.
- 6.2 The material at this Website is provided without any conditions or warranties of any kind. To the maximum extent permitted by law, we provide access and use of this website on the basis that we exclude all representations, warranties and conditions which but for these Terms may have effect in relation to this Website.
- Exclusion of Liability
- 7.1 Neither we nor any other party (whether or not involved in producing, maintaining or delivering this Website), shall be liable or responsible for any kind of loss or damage that may result to you or a third party as a result of your or their use of our website. This exclusion shall include servicing or repair costs and, without limitation, any other direct, indirect or consequential loss, and whether in tort or contract or otherwise in connection with this Website.
- 7.2 Nothing in these Terms shall exclude or limit liability for (i) death or personal injury caused by negligence (as defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under the law of the United Kingdom.
- Governing Jurisdiction
- This Legal Notice shall be governed by and construed in accordance with English law. Any dispute(s) arising in connection with this Legal Notice are subject to the exclusive jurisdiction of England and Wales.
- Our business’s name is: SurgiSol Limited
- Our business address is: 9Suite J, Athene House, 86 The Broadway, London NW7 3TD.
9. Warranty and Liability
- 9.1 The following provisions of this Condition 9 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 (b) any representation (other than fraudulent misrepresentation) statement or tortious act or omission (including negligence) arising under or in connection with the Contract.
- 9.2 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.
- 9.3 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.
- 9.4 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.
- 9.5 The Company shall not be liable for a breach of this warranty where:
- 9.5.1 the Goods have been improperly altered in any way whatsoever, or been subject to misuse or unauthorised repair by the Customer;
- 9.5.2 the Goods have been improperly installed or connected by the Customer;
- 9.5.3 the Goods have been opened, partly used or the seals or labels have been removed or tampered with;
- 9.5.4 the Goods have been damaged by fire, water, smoke or chemicals;
- 9.5.5 any maintenance requirements relating to the Goods have not been complied with by the Customer;
- 9.5.6 any instructions as to the storage of the Goods have not been complied with by the Customer in all respects;
- 9.5.7 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.
- 9.6 If the Customer fails to give notice in accordance with condition 9.5.7 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.
- 9.7 Any Goods returned under clause 9 or clause 10 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.
- 9.8 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 9.4 (b).
- 9.9 No replacements are available whilst goods are exchanged, replaced or repaired.
- 9.10 Subject to condition 19.12 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.
- 9.11 Subject to condition 9.12 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 9.1 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.
- 9.12 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.
- 9.13 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.
- 9.14 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.
- 9.15 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.
10. Return of Non Faulty Goods
- 10.1 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.
- 10.2 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.
- 10.3 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 20% on net invoice value for all cancellations, amendments and non-faulty returned Goods.
- 10.4 Items made to Customer’s own specification or have been specifically ordered will not be accepted for return unless faulty in accordance with condition 9.
- 10.5 Temperature controlled items will not be accepted for return unless faulty in accordance with condition 9.
- 10.6 Any Goods returned under this condition 10 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.
- 11.1 The prices in our catalogue(s) / website are in Pounds Sterling.
- 11.2 Prices are considered correct at the time of print / published but are subject to change without notice if the market demands such a change.
- 11.3 All prices are subject to VAT at the current rate, where applicable.
11.4 Packing & Delivery charges are additional.
11.5 Any quotation given either verbal or written is valid for 30 days only.
12. Payment Terms
- 12.1 Payment terms are strictly 30 days net.
- 12.2 Payment by Credit Card is only accepted at the time of ordering and may be subject to a 2.0% transaction fee.
- 12.3 Payment by BACS is preferred and our Bank details will appear on the Invoice.
- 12.4 SurgiSol reserves the right to charge interest at the rate of 3.5% per month on any overdue amount.
- 12.5 Goods remain the property of SurgiSol Ltd until payment has been received in full.