Pharmacy Equipment Direct®

terms and conditions of sale (“the Conditions”)

These Conditions of sale govern all our contracts for the sale of goods (“Goods” which expression includes spare parts and ancillaries). Save to the extent that we have agreed to the contrary in writing we only offer our Goods and services on the basis of the Conditions and all orders that purport to exclude them will be invitations to treat and any acceptance that purports to exclude them will be ineffective.

1. Basis of the Contract

(a) The Seller - Pharmacy Equipment Direct® (a trade name of Hospital Metalcraft Limited, Blandford Heights, Blandford Forum, Dorset. DT11 7TG United Kingdom) carries on the business of the manufacture and supply of medical furniture & equipment.
(b) The Buyer - The entity who purchases from the Company.
(c) The Contract shall be governed by English law and the parties submit to the exclusive jurisdiction of the English courts.

2. Description and Selection of Goods

(a) The quantity and description of the Goods shall be as set out in the Seller's order acknowledgment.

3. Delivery of the Goods and Services

(a) Delivery shall take place at the Buyers place of business with reasonable flat access and appropriate equipment, personal protection and labour for taking the Goods.
(b) Delivery will take place from Monday to Friday (excluding Bank Holidays) between the hours of 07.30 to 16.30hrs.
(c) Any dates specified for Delivery are intended to be an estimate and time for Delivery shall not be made of the essence by notice.
(d) If for any reason the Buyer fails to accept Delivery or the Seller is unable to deliver because the Buyer has not provided appropriate Support:

(i) risk in the Goods shall pass to the Buyer
(ii) the contract shall be deemed to have been performed and
(iii) the Seller may store the Goods until actual delivery, whereupon the Buyer shall be liable for all related costs and expenses (including administration, storage and insurance).

(e) The Seller may deliver by separate instalments. Each separate instalment shall be invoiced and paid for in accordance with the provisions of the Contract.
(f) Non Delivery

(i) The quantity of any consignment of Goods as recorded by the Seller shall be conclusive evidence of the quantity received by the Buyer on delivery (unless the Buyer can clearly prove to the contrary).
(ii) Any liability of the Seller for non-delivery shall be limited to replacing the relevant Goods within a reasonable Delivery time or issuing a credit note at the pro rata Contract rate against any invoice raised for such Goods.

4. Packaging

All Goods are packaged for domestic transportation via the Sellers own transport or prescribed carriers.

5. Carriage Charges

 Delivery
England & Wales MainlandCarriage paid for orders over £175 excluding VAT via our standard transport
Scotland MainlandBased upon delivery postcode
Northern IrelandBased upon delivery postcode
Channel Islands, Isle of Man, Isle of Wight, Scottish & Other IslandsBased upon delivery postcode

 

6. Return of Goods Ordered in Error

(a) The Seller will accept return of Goods ordered in error provided the Buyer advises the Seller within 5 days of receipt of delivery. Returned goods must be unused and in their original packing.
(b) The Buyer agrees to return the Goods ordered in error to the Seller, at the Buyers risk and cost. The Seller recommends that the Buyer organise collection of the Goods by the Seller to reduce risk of damage (Carriage Charges apply).
(c) A credit note will be issued following receipt and inspection of Goods by the Seller, which will be subject to a 25% restocking charge or £25 (whichever is greater) of net order value but this will be reduced to 7% or £25 (whichever is greater) if the Goods are replaced by items of a similar value. Costs incurred in collection will be charged as per the Carriage Charges detailed below.

 

 Collection - Minimum Charge £25
England & Wales MainlandBased upon delivery postcode
Scotland MainlandBased upon delivery postcode
Northern IrelandBased upon delivery postcode
Channel Islands, Isle of Man, Isle of Wight, Scottish & Other IslandsBased upon delivery postcode

 

(d) Non Pharmacy Equipment Direct branded products are non-returnable.

7. Return of Damaged or Faulty Goods

(a) The Buyer must advise the Seller of any Goods delivered in error or Goods that were delivered damaged or faulty within 5 days of receipt of delivery (“Return Goods”).
(b) The Seller will organise collection of Return Goods at its own expense and the delivery of correct items. Returned Goods must be stored properly and not used or damaged.
(c) Returned Goods must be unused and in original packing.
(d) Goods that have been used will not be accepted for credit by the Seller on Health and Safety grounds.
 

 8. Drawings Designs and Confidentiality

(a) All drawings, photographs, blueprints, illustrations, marketing literature, web site illustrations and other designs relating to the Seller’s goods or services (“Designs”) (including all copyright, design right and other intellectual property in them) shall as between the parties be the property of the Seller; and the Buyer is not entitled to make any use of the Designs other than for the purpose of this Contract.
 

9. Risk and Title

(a) The Goods are at the risk of the Buyer from the time of Delivery.
(b) Ownership of the Goods shall not pass to the Buyer until the Seller has received full payment for them and until ownership of the Goods passes the Seller shall have the right to enter upon the premises of the Buyer to repossess them.
 

10. Price

(a) The price for the Goods and Carriage Charges shall be the price set out in the Seller's order acknowledgment, errors & omissions excepted.
(b) The price for the Goods & any Carriage Charges shall be exclusive of any value added tax applicable at the time of delivery.
 

11. Payment

(a) Payment for the goods is due immediately on receipt of order acknowledgment unless otherwise agreed with the seller. Payment can be made by cheque, credit card, BACs or bankers draft. Goods will be despatched on the receipt of cleared funds.
(b) Payments for credit card orders will be authorised and actioned at the time of order.
 

12. Quality and Warranty

(a) Pharmacy Equipment Direct branded Products are guaranteed for a period of 3 years from date of delivery against manufacturing defects, apart from the following components which have 12 months warranty; namely:

(i) Mechanical locks
(ii) Batteries
(iii) Electronic components
(iv) Plastic components
(v) Castors
(vi) Drawer runners
 

(b) For non-branded Pharmacy Direct products, the Seller shall endeavour to transfer to the Buyer or enforce on the buyer’s behalf the benefit of any warranty, guarantee or statutory rights given to the Seller.
(c) Provided that the Buyer has complied with its obligations hereunder and has subjected the Goods to reasonable use then if the Goods become defective due to any failure of design or manufacture during the warranty period (which will be between 12 and 36 months from Delivery depending on the Goods and is specified by the Seller) then the Seller will either repair, supply a replacement part or replace such Goods or refund the price of such Goods at the pro rata Contract rate (at the Seller’s discretion but after reasonable consultation with the Buyer).
(d) The above warranty is in addition not substitution for the Buyers statutory rights (if any) but the parties agree that in normal circumstances the above warranty is likely to be sufficient to adequately recompense the Buyer.
(e) The Seller shall not be liable for a Warranty claim

(i) unless the Buyer gives written notice of the defect to the Seller within the warranty period; or
(ii) unless the Seller is given a reasonable opportunity after receiving the notice of examining such Goods and the Buyer (if asked to do so by the Seller) returns such Goods to the Seller's place of business at the Sellers cost; or
(iii) unless the Buyer makes no further use of such Goods after giving such notice; or
(iv) if the defect arises because the Buyer failed to follow the Seller's oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Goods or (if there are none) good trade practice; or
(v) if the Buyer alters or repairs such Goods without the written consent of the Seller.
 

(f) Any Goods replaced under Warranty shall be guaranteed under the Warranty for the unexpired portion of the warranty period.

13. Limitation of Liability

(a) Save in respect of damages for death and personal injury, the Seller’s liability for negligence shall be limited to the amount of its relevant insurance policies.
(b) The Seller shall be under no liability to the Buyer in respect of any breach of contract for any indirect or consequential loss or for any loss of profits, income, provision of care or medical services, hospital or premises availability, increased costs, hire charges, remote or unforeseeable losses nor for any third party losses (and the Buyer should insure against these risks).
(c) As the Seller offers warranty and return of Goods the Sellers liability in contract shall not exceed a figure equal to twice the Price.
 

14. Disposal of Waste Electrical and Electronic Equipment

Pharmacy Equipment Direct is a trading name of Hospital Metalcraft Ltd

(a) Prices for the sale of electrical and electronic equipment for which Hospital Metalcraft is a‘Business to Business Producer’ for purposes of the WEEE regulations are offered solely on the understanding that the end user customer contracts, by their free choice, to finance the end of life collection, treatment, recovery and environmentally sound disposal of such equipment.
(b) Such equipment, which shall be identified with the crossed out wheeled bin symbol and the Pharmacy Equipment Direct logo, includes Hospital Metalcraft manufactured product and any EEE that is rebranded, imported or placed in other European Member States by means of distance selling by Hospital Metalcraft.
(c) Customers not accepting these terms will be charged a WEEE Surcharge that will be calculated to cover WEEE disposal costs without profit to the producer.
(d) Where Hospital Metalcraft is acting as a distributor for another ‘Business to Business Producer’ for purposes of the WEEE regulations and the producer imposes, and requires Hospital Metalcraft to reflect and endorse identical terms to those described above this will be notified to the customer within order quotations. In these circumstances the terms are not negotiable.
(e) Those brands offered for sale by Hospital Metalcraft solely on the understanding that the end user customer contracts, by their free choice, to finance the end of life collection, treatment, recovery and environmentally sound disposal of such equipment, for one or more of the above reasons, include:
 
(i) Pharmacy Equipment Direct®
(ii) Labcold
 

15. Assignment

Neither party may assign the Contract without the consent of the other party.

16. Force Majeure

Either party shall have the right to defer Delivery or to cancel the Contract or reduce the volume of the Goods ordered if it is prevented from performing the Contract due to unforeseen circumstances beyond its reasonable control (“Force Majeure” which expression includes Force Majeure affecting a supplier or subcontractor) provided that they shall inform the other party of all the circumstances and if they are prevented from performing the contract for more than 180 days then either party may give notice in writing to terminate the Contract.

2012 © Pharmacy Equipment Direct, a trading name of Hospital Metalcraft Limited

QC-082.31 




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