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Terms and Conditions

1. Interpretation

1.1 In these Conditions:
‘Act”’ means the Contracts (Rights of Third Parties) Act 1999
‘You”’ “Your” means the person who orders Products from our web-site.
‘Conditions”’ means the standard terms and conditions of sale set out in this document and (unless the context otherwise requires) includes any special terms and conditions agreed in Writing between you and us.
‘Contract” means the contract between you and us for the purchase and sale of the Product
“Product”, “Products” means the goods, systems or services that you order from us.
“Serviced Countries” means the United Kingdom and the Republic of Ireland
‘We”, “Our””’ means Apollo Healthcare International Limited (Incorporated in England & Wales under the Companies Act 1985 – Registration No: 6979606) or its proprietor, subsidiary or any associated Seller as specified in Condition 15.1
‘Third Party’ means any person who is not a party to the Contract
‘Writing’ includes telex, cable, facsimile transmission, e-mail and comparable means of communication.

1.2 Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.

1.3 The headings in these Conditions are for convenience only and shall not affect their interpretation.

 

2. Service availability

2.1 Our site is only intended for use by people resident in the Serviced Countries. We do not accept orders from businesses or individuals outside those countries.

2.2 By placing an order through our site, you warrant that:
a) you are legally capable of entering into binding contracts; and
b) you are resident in one of the Serviced Countries; and
c) you are accessing our site from that country.

 

3. How the contract is formed between you and us

3.1 After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (Dispatch Confirmation). The Contract will only be formed when we send you the Dispatch Confirmation.

3.2 The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.

 

4. Basis of the sale

4.1 Any Contract entered into by us for the supply of Products is subject to these conditions. We have the right to revise and amend these Conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities. You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products.

4.2 Any advice or recommendation given by us or our employees or agents to you or your employees or agents as to the storage, application or use of the Products which is not confirmed in Writing by us is followed or acted upon entirely at your own risk, and accordingly we shall not be liable for any such advice or recommendation which is not so confirmed.

4.3 Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by us shall be subject to correction without any liability on our part.

4.4 All descriptions and technical information contained in our leaflets and catalogues represent a general description of the Products referred to therein and do not form any part of the contract between us and you. Products will be supplied with our standard design and finish and we reserve the right to amend detailed designs and specifications at any time without prior notice.

4.5 We reserve the right to make any changes in the specification of the Products which are required to conform with any statutory or EC requirements or, where the Products are to be supplied to our specification, which do not materially affect their quality or performance.

 

5. Software

5.1 You may not delete, copy or alter the software in any way without our express permission

5.2 You may not use the software in any way or for any application other than that which has been expressly granted to you.

 

6. Our status

6.1 Please note that in some cases, we accept orders as agents on behalf of third party sellers. The resulting legal contract is between you and that third party seller, and is subject to the terms and conditions of that third party seller, which they will advise you of themselves. You should carefully review their terms and conditions applying to the transaction.

6.2 We may also provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking that products you purchase from third party sellers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller. We will notify you when a third party is involved in a transaction, and we may disclose your customer information related to that transaction to the third party seller.

 

7. Price and payment

7.1 The price of the Products and our delivery charges will be as quoted on our site from time to time.

7.2 Product prices are exclusive of VAT, which will be added to the price payable by you. To progress with an order a valid VAT number must be provided at the point of placing your order through our website.

7.3 Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.

7.4 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.

7.5 We reserve the right, by giving notice to you at any time before dispatching the Product, to increase the price of the Product to reflect any increase in the cost to us which is due to any factor beyond our control (such as, without limitation, any foreign exchange fluctuation, currency regulation, alteration of duties, significant increase in the costs of labour, materials or other costs of manufacture), any change in delivery dates, quantities or specifications for the Product.

7.6 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as an error.

7.7 Payment for all Products must be by credit or debit card.

 

8. Delivery

8.1 Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 30 days of the date of the Dispatch Confirmation, unless there are exceptional circumstances.

 

9. Risk and property

9.1 Risk of damage to or loss of the Products shall pass to you at the time of delivery.

9.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.

 

10. Our Refunds Policy

10.1 For orders placed where no dispatch has taken place and a cancellation required we will refund your order less any costs we may have incurred.

10.2 If you wish to return an item because you consider it to be faulty please contact us for a returns note. All products are subject to inspection upon return into our warehouse. If found to be faulty a refund or replacement will be processed for all parts accompanied with a returns note. This refund will include any carriage costs you’ve incurred, where proof of costs is provided. You will be notified of your refund within a reasonable period of time.

 

11. Warranties and liability

11.1 We warrant that we have title to and the unencumbered right to sell the Product. Such warranty specifically includes our ownership of the necessary patent rights and copyright sufficient to enable you to use the Products for any purpose stated. However nothing in these terms or otherwise shall be deemed to grant you the right to manufacture or in any way reproduce the Products or reproduce or use any of our or our agents’ intellectual property rights.

11.2 Subject to the conditions set out below we warrant that the Products will correspond with their specification at the time of delivery and will be free from defects in material and workmanship for a period 12 months from delivery or their initial use, whichever is the first to expire.

11.3 The above warranty is given by us subject to the following conditions:

11.3.1 We shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow our instructions (whether oral or in Writing), misuse or alteration or repair of the Products;

11.3.2 We shall be under no liability under the above warranty (or any other warranty, condition or guarantee) if the total price for the Products has not been paid by the due date for payment;

11.3.3 The above warranty does not extend to parts, materials or equipment not manufactured by us, in respect of which you shall only be entitled to the benefit of any such warranty or guarantee as is given by the manufacturer to us.

11.4 Subject as expressly provided in these Conditions and except where the Products are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act l977), all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.

11.5 Where the Goods are sold under a consumer transaction (as defined by the Sale of Goods Act 1979) your statutory rights of are not affected by these Conditions.

11.6 Any claim by you which is based on any defect in the quality or condition of the Products or their failure to correspond with specification shall (whether or not delivery is refused by you) be notified to us within 14 days from the date of delivery or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure. If delivery is not refused, and you do not notify us accordingly, you shall not be entitled to reject the Products and we shall have no liability for such defect or failure, and you shall be bound to pay the price as if the Products had been delivered in accordance with the Contract.

11.7 Where any valid claim in respect of any of the Products which is based on any defect in the quality or condition of the Products or their failure to meet specification is notified to us in accordance with these Conditions, we shall be entitled to replace the Products (or the part in question) free of charge or, at our sole discretion, refund to you the price of the Products (or a proportionate part of the price), but we shall have no further liability to you.

11.8 Except in respect of death or personal injury caused by our negligence, we shall not be liable to you by reason of any representation, or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for consequential compensation whatsoever (and whether caused by our negligence of , or the negligence of our employees or agents or otherwise) which arise out of or in connection with the supply of the Goods or their use or resale by you, except as expressly provided in these Conditions.

 

12. Force Majeure

12.1 We shall not be liable for any failure to deliver the Products arising from circumstances outside our control

12.2 Non-exhaustive illustrations of such circumstances would be Acts of God, war, riot, explosion, abnormal weather conditions, fire, flood, strikes, lockouts, Government action or regulations, delay by suppliers, accidents, shortage of materials, labour or manufacturing facilities

12.3 Should we be prevented from delivering in the above circumstances it shall give you written notice of this fact as soon as reasonably practicable after discovering it

12.4 If the circumstances preventing delivery are still continuing six months after the you receives our notice then either party may give written notice to the other cancelling the contract
12.5 If the contract is cancelled in this way, we will refund any payment which you have already made on account of the price (subject to deduction of any amount we are entitled to claim from you) but we will not be liable to compensate you for any further loss or damage caused by the failure to deliver.

 

13. Import duty

13.1 If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.

13.2 Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.

 

14. Safety

The production and supply of instructions and warnings for the proper and normal use of the Goods will be your responsibility.. Any information or proposed instructions or proposed warnings supplied by us is supplied merely as an aid to you in meeting this responsibility and is not represented to be accurate or sufficient. It is your sole responsibility to ensure that such instructions and warnings are accurate and sufficient for the proper use of the Products. You will make all necessary efforts to ensure that the instructions and warnings will be available to and brought to the attention of all users of the Products.

 

15. General

15.1 We are a member of a group of companies and accordingly we may perform any of our obligations or exercise any of its rights hereunder by itself or through any other member of its group, provided that any act or omission of any such other member shall be deemed to be our act or omission.

15.2 Any notice required or permitted to be given by either party to the other under these Conditions shall be in Writing addressed to that other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.

15.3 No waiver by us of any breach of the Contract by you shall be considered as a waiver of any subsequent breach of the same or any other provision.

15.4 If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected thereby.

15.5 Any dispute arising under or in connection with these Conditions or the sale of the Goods shall be referred to arbitration by a single arbitrator appointed by agreement or (in default) nominated on the application of either party by the President for the time being of the Law Society in accordance with the rules of the Arbitration Act 1996.

15.6 The Contract shall be governed by the laws of England and you agree to submit to the exclusive jurisdiction of the English courts.

15.7 Save as set out in condition 15.1 the parties do not intend that any provision of the Conditions will be enforceable by a Third Party and the Act is modified accordingly.

15.8 We acknowledge that we gather and retain data for the purpose of processing your orders and for our own business purposes. If you do not wish us to retain its data for our own marketing purposes you must notify us in writing.

 

Apollo Healthcare International Limited
38 The Green
South Bar
Banbury
Oxfordshire
OX16 9AE

Telephone: 01295 254 454
e-mail: sales@apollo-healthcare.com