Terms and Conditions of Trade
- These conditions shall apply to all sales of goods by Millers Medical Supplies (hereinafter known as the Company) to the exclusion of all other terms, conditions and warranties, whatever, and the Company shall not be bound by any representation, guarantee or warranty made by its employees, agents or representatives. The conditions shall not be varied save by written agreement between the Company and the Buyer.
- These conditions or any agreed change to these conditions shall in all respects operate in conformity with English Law.
- The Company shall not be liable for any inability to comply with its obligations under an order due to any cause whatsoever beyond its reasonable control, including (but not limited hereto) war, riot, strike or lock out, act of God, storm, fire, earthquake, explosion, flood, confiscation, action of any government or government agency or shortage of goods and time for delivery shall be extended by a period correspondng to the period of such inability provided always that either the Company or the Buyer may give notice in writing to the other cancelling deliveries which should have been made during a period of force majeure in the event of such period extending beyond 60 consecutive days.
- The prices shown on this website are the Companys quoted prices at the date of submitting to the site provider and in the event of any changes in the same prior to the date upon which the goods are despatched by the Company, the Company may after consultation with the Buyer increase the price accordingly and will invoice the buyer at the amended price.
- Dates for delivery given by the Company will be estimated only but will be maintained as closely as possible and the Company will not be responsible for any loss caused to the Buyer by late delivery. Each delivery of goods in accordance with an order shall be deemed to constitute a seperate contract to which these terms and conditions shall, so far as possible, apply and failure to make any delivery shall not terminate the order as to future deliveries. Excess shipping charges may apply for certain items, especially non stock items and this will be calculated according to size and weight. If the delivery is attempted twice by our carriers and delivery has failed, the goods will be returned to us and an additional charge will apply for re-delivery. If you decide you no longer require the goods after a failed delivery attempt or if goods ordered are not suitable for purpose and are unused, there will be a minimum £20 administration charge deducted from any refund to cover shipping and handling and up to a 20% restock charge for the goods.
- Title to the goods shall not pass until payment in full is made to the Company.
- No claim for damage to or loss of the goods or part thereof in transit will be considered by the Company unless the Buyer:
a) despatches seperate written notice to the carrier concerned, if any, and to the Company of the damage or shortage within 3 days of delivery of the goods or, in the event of loss of the goods, within 7 days of the notified date of arrival of the consignment.
b) submits a detailed claim in writing to the Company within 3 days of the notice given under (a) above: and
c) endorsed, where applicable, on the carriers receipt or docket that the goods had been examined without examination.
- Minimum order level/Carriage charges - please refer to delivery
- Payment shall be made online or via telephone by Visa, Mastercard, Solo or Switch/Maestro cards prior to despatch of goods. The Company can if the buyer requests provide pro forma invoices so that Cheque payment may be made prior to despatch of goods. Payment for goods provided to Buyers with previously approved account facilities shall be made within 30 days from invoice date. The Company reserve the right to charge interest on any balance outstanding after the 30 day term at a rate of 4% per month from the date by which the payment should have been made until day of payment Provided Always that the payment of such interest shall be in addition to all other rights of the Company.
- Without prejudice to their rights to damages the Company may terminate the contract by notice in writing if the Buyer fails to take any delivery of goods when due or makes default in any payment when due.
- If the buyer shall commit any act of bankruptcy or being a Limited Company if any Resolution or Petition to wind up such Companys business shall be passed or presented or a Receiver be appointed of its undertaking property or assets or any part thereof or if the Buyer, whether an individual or a Company, shall have any execution or distress levied upon any of his or its goods or property the Company shall have the right to determine any contract then subsisting, without prejudice to any claim or right the Company might otherwise make or exercise.
- The Company does not warrant, guarantee or hold out that the goods are of merchantable quality or fit for any purpose, whether such purpose is known to the Company or not and in the event of the Buyer receiving defective goods it must forthwith notify the Company of the same and if requested return the goods to the Company for transmission to the Manufacturer. The Company will use its best endeavours to obtain the benefit of any guarantee given by the manufacturer and its liability to the buyer shall be limited to any sum received by it thereunder. In no event shall the Company be liable for consequential loss, if any, suffered by the buyer.
- The prices specified on this website are exclusive of VAT and the buyer shall pay to the Company a sum equal to such tax in addition to and at the same time at the prices so specified. All prices are quoted in UK Pounds.
- The Company has taken every care in compiling this website but cannot accept any responsibility for errors or omissions
Terms and Conditions of Use
Your access to and use of www.millersmedicalsupplies.co.uk (the “web site”) are subject exclusively and strictly to these Terms & Conditions of Use. These Terms & Conditions of Use are a legal agreement between us and describe the terms and conditions applicable to your use of our web site and the services we offer.
millersmedicalsupplies.co.uk rights
millersmedicalsupplies.co.uk ("we/us") reserve the rights to:
- Change or remove (temporarily or permanently) the web site (or any part of it) without notice to you and you confirm that we shall not be liable to you for any such change or removal; and/or
- Change these Terms & Conditions of Use at any time, and your continued use of the web site following any change shall be deemed to be your acceptance of such change. It is your responsibility to check the Terms & Conditions of Use regularly for changes. If you do not agree with any change to the Terms & Conditions of Use you must immediately stop using the web site.
Intellectual Property
You acknowledge and agree that all copyright, trade marks and all other intellectual property rights in all material on the web site, the web site design, structure and graphics and all software and source codes connected with the web site shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us.
You acknowledge and agree that the material contained within the web site is made available for your personal non-commercial use only. You may only access, view, copy and/or print pages from the web site for the sole purpose of you evaluating whether to and/or placing an order with us. Any other use of the material within the web site is strictly prohibited.
All content included on this web site (including, without limitation, our trade marks, logos, graphics, text, photos, designs, logos, icons, images, data and software) is our property, or belongs to our affiliates and/or licensors, and as such is protected by international and UK copyright and other intellectual property laws.
Links to other web sites
No mention of any organisation, company or individual, whether on these pages or on other web sites to which these pages are linked shall imply any approval or warranty by us as to the standing and capability of such organisations, companies or individuals.
- We take no responsibility for anything that might occur when you visit any other web site.
- When you click on a link you will leave this web site.
- We provide links to third parties only as a convenience to you.
Product Information
All images, photographs, descriptive matter, specifications and advertising on this web site are published for the sole purpose of giving an approximate idea of the goods and services available. They will not form part of any contract with you and no warranty or guarantee shall be expressed or implied in any contract with you to purchase any of the goods or services advertised or published on our web site.
Any prices displayed on this web site are in UK sterling, and are only valid and effective in the UK. The prices [exclude/include] VAT at 17.5%, and are subject to change if the applicable rate of VAT changes before your order is accepted.
Goods and Services
If we provide any goods and/or services to you outside of the European Union you will be responsible for paying any local sales tax and/or import duties arising at the delivery destination, which are not included in the price of the products.
Where there is a delay or likelihood of delay in the supply of any goods or services, we will advise you as soon as practicable. If the goods or services cannot be delivered within [30] days of your order, we will notify you of this delay and you may either cancel your order or agree a further delivery time with us.
Any orders you place with us will only be accepted and a contract formed once we have received payment in cleared funds. We will confirm our acceptance of your order on receipt of cleared funds by email (where a valid email address is provided).
We reserve the right at all times and at our sole discretion to refuse to accept any orders.
Your Warranties
You warrant, represent and undertake that:
- You will use the Web site only in accordance with these Terms & Conditions of Use and only for lawful purposes and in a lawful manner; and
- All information which you provide to us is true, accurate, current and complete in all respects and that you will notify us immediately of any changes to such information. You can e-mail any changes in your details to us at millersmedicalsupplies.co.uk
Limitation Of Liability
The Web site and its contents are provided to you on an “as is” and “as available” basis without any representation, term, condition or warranty being given in relation to the Web site and its contents including (but not limited to) implied warranties of non-infringement, compatibility, security, accuracy or any implied warranty arising from course of dealing or usage or trade.
In addition, we exclude any representation or warranty that the information and/or facilities accessible via this web site are accurate, complete or current, or that this web site will be free of defects including, but not limited to, viruses or other harmful elements.
You assume all costs and risks arising as a result of its use of this web site.
We make no warranty that the Web site will meet your requirements or will be uninterrupted, timely, or error-free orthat defects will be corrected.
We will not be responsible or liable to you for any loss of material uploaded or transmitted through the Web site and have no liability of any sort (including for negligence) for the acts or omissions of other providers of telecommunications services or for faults in or failures of their networks and equipment.
We will not be liable in contract, tort, negligence, for pre-contract or other representations (other than fraudulent or negligent representations) or otherwise out of or in connection with these Terms & Conditions of Use for: any economic loss (including without limitation loss of revenues, profits, contracts, business, anticipated savings, goodwill or reputation); or any special, consequential or indirect losses (however arising, including negligence) arising out of or in connection with your use of this web site.
Nothing in these Terms & Conditions of Use shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.
Indemnity
You agree to fully indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including legal fees, arising out of any breach of these Terms & Conditions of Use by you or other liabilities arising out of your use of the Web site including your violation of any law or rights of a third party.
Severance
Each provision of these Terms & Conditions of Use shall be construed separately and independently of each other and the validity of any one part shall not affect the validity of any other part.
Law
These Terms & Conditions of Use shall be governed by the laws of England and you agree to submit to the exclusive jurisdiction of the English court.
The laws of your country may be different from English law and there may be additional legal requirements for you to use our web site or services. You must comply with all applicable local and international laws, statutes, ordinances and regulations regarding your use of our web site and services and it is your responsibility to ensure that your use of our web site and services is legal.