These govern all our contracts for the sale of goods (“Goods” which expression includes spare parts and ancillaries) and services (the “Contract”). 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. We will accept changes to the Conditions if in writing and these cannot be inferred from a course of action.
1. BASIS OF THE CONTRACT
The Seller – Medi-Plinth Equipment Ltd carries on the business of the manufacture, supply and servicing of medical furniture and equipment. The Buyer – The entity who purchases from the Seller. Contract – Shall be governed by English law and the parties submit to the jurisdiction of the English courts.
2. VALIDITY
Unless previously withdrawn our tender is open for acceptance for the period stated therein, or when no period is stated within 30 days only after its date.
3. ACCEPTANCE
The acceptance of our tender must be accompanied by sufficient information to allow us to proceed with the order.
4. LIMITS OF CONTRACT
Our tender includes only such goods, accessories and services as are specified therein.
5. DRAWINGS
All descriptive and forwarding specifications, drawings, particulars with regard to size and weight, submitted with our tender are approximate only and shall not be binding. All samples, drawings, descriptive matter, specifications and advertising issued by the Seller and any descriptions or illustrations contained in the Seller’s catalogues are issued or published for the sole purpose of giving a reasonable description of the Goods described in them. They shall not form part of the Contract and this is not a sale by sample. The Seller will not be under obligation to supply any drawings unless agreed in writing. All drawings and other descriptive matter will remain the property of the Seller and must not be divulged to a third party. Copyright reserved to the Seller.
6. QUALITY CONTROL
All of our products are designed, manufactured and tested to meet the requirements of the medical device’s directive 93/42/EEC. The products are fully CE Marked to this standard.
All products are registered with MHRA and with many other governing bodies globally.
Medi-Plinth is an ISO 13485:2016 registered company and operates according to this standard.
7. DELIVERY & PACKAGING
The time or date stated by us for the delivery is given and intended only as an estimate and is not essence of the contract unless otherwise stated in writing. We shall not be liable to make good any damages or loss whether arising directly/indirectly from delay in delivery and you would have no right to cancel the contract for delay in delivery unless the date of delivery is stated in writing to be guaranteed. Failure to accept delivery or collection of any goods will result in additional charges for re-delivery. Unless otherwise specified in our tender the price quoted includes delivery only and by any method of transport at our option.
Where possible we will deliver the couch to you with a trained technician who will:
- Set the couch up for you
- Ensure that it is clean
- Ensure that it is undamaged
- Ensure that it is complete
- Demonstrate operation and features
- Remove the re-usable packaging
There may be a delivery charge in certain parts of the UK. (e.g. Highlands)
For delivery by our technician we will try to meet your needs in terms of Day and approximate time of delivery. We deliver to most areas of UK mainland each week and will phone to make arrangements. We are however, affected by the vagaries of traffic. For large orders we may arrange Technician Delivery with a bigger vehicle.
Carrier and Export Delivery
If you need the couch faster, we can deliver by carrier to you. If you wish to put the couch into store or if you are overseas (Inc. UK islands) Carrier delivery will be the best option. In these cases the carrier will leave the couch on your premises, they are unable to unwrap or position the couch. The couch will be delivered complete, so no assembly is required. We take great care to wrap your couch securely, and will include full operating instructions. The couch will arrive with you, wrapped and palletised. Once unwrapped, it can be moved to the desired location. For export deliveries we are happy to get a competitive quote for delivery, or you can arrange collection by your own carrier. We are happy to comply with any special packaging requirements in your country.
Packaging and Delivery Surcharge
A packaging and delivery charge of £15.00 will be added to orders under £500.00 net excluding the carriage costs unless agreed differently in writing. Anything over £500 net will be delivered free of charge to mainland England, Wales and Scotland. However, please note that some items may incur an extra delivery charge i.e. Offshore islands, Northern Ireland, export overseas, very large heavy items etc. We will advise you of the costs at the time of ordering. If you have any special delivery requirements, please state these at time of ordering. Delivery will take place from Monday to Friday (excluding Bank Holidays and festive seasons) between the hours of 07:30–17.30. The nominated delivery point must be suitable to accept Heavy Goods Vehicles.
8. DAMAGE IN TRANSIT
When the price quoted includes delivery, we will repair free of charge any goods in transit, provided the carriers and ourselves receive written notification and photographic evidence to such damage within 3 days of delivery. All delivery notes must be signed by a responsible person and if goods are damaged in transit this must be stated on the delivery notes. Otherwise we would not be responsible for repair or replacement.
9. VESTING
The property in the goods and materials supplied under this contract shall remain in the vendor until the purchaser has made full payment and it is further agreed and declared that should any of the goods supplied under this contract be incorporated in any goods or equipment being manufactured in turn by the purchaser the title and property to such goods shall belong to the vendor until such payment has been made as before.
10. WARRANTY
In place of all other conditions or warranties whether imposed by statute or implied by common law, we undertake;- We will repair or if necessary replace free of charge any materials or work found to be defective if the defect is due to a fault in manufacture or bad workmanship and is brought to our notice within 12 months of completion of the work provided. On condition that the defective part is returned to our works free of charge and in the case of factored items of equipment forming part of the plant in our supply we would pass on the maker’s guarantee for such parts. We shall not be liable for any consequential loss or damage caused directly or indirectly by any defective part.
10.1 COUCH/ PLINTH WARRANTY
- Actuators, foot / hand switches, control boxes, gas springs: 3 years warranty against defect of design, material or manufacture.
- All white painted or plated metal-work: 7 years warranty against defect of design, material or manufacture. Does not cover accidental damage.
- Upholstery Sections: 1 year’s warranty against defect of material or manufacture. Does not cover accidental damage or wear and tear.
10.2 COUCH/ PLINTH EXTENDED WARRANTY
- Actuators, foot / hand switches, control boxes, gas springs: 5 years warranty against defect of design, material or manufacture. Does not cover accidental damage or wear and tear.
- All white painted or plated metal-work: 10 years warranty against defect of design, material or manufacture. Does not cover accidental damage.
- Upholstery Sections: 1 year’s warranty against defect of material or manufacture. Does not cover accidental damage or wear and tear.
10.3 SERVICING & MAINTENANCE
It is recommended that the Medi-Plinth products are serviced once per year. Particularly if in constant use. Regular service and maintenance are essential to maintain both the safety and reliability of the product. All service and maintenance of the Medi-Plinth product range must be completed by an authorised, competent and Medi-Plinth approved engineer who has been trained and certified by Medi-Plinth Equipment Ltd. Any works carried out by an un-approved organisation or individual will void the warranty and potentially compromise the safety and reliability of the couch.
Medi-Plinth offer a free service where individuals or organisations can attend their facility in Ipswich for full training on all areas of service and maintenance for the product range. This free training can be extended to any clinical professionals requiring product training for the device, outside of the guidance provided in the device user manual.
11. PRICE ESCALATION
Quoted prices valid for six months from submission date based upon the current raw material rates and we reserve the right to modify our offer should increases occur following the six months in the interim periods between quotation, official purchase order and contract completion dates. In the event of dispute C.P.A. shall apply in line with B.E.A.M.A.
12. PAYMENT
Payment of the price for the Goods is due in GBP payable within 30 days of the invoice date or unless otherwise agreed in writing to be a different payment term for a specific tender. No payment shall be deemed to have been received until the Seller receives cleared funds. Payments for credit card orders will be authorised and actioned at the time of order. The Seller reserves the right to make additional charges for credit card sales providing the Buyer is notified at time of purchase. An administration charge of £15.00 will be made by the Seller to all orders with a net invoice value of less than £500 before carriage charges added unless otherwise agreed in writing. The Buyer shall make all payments due under the Contract in full without any deduction. If the Buyer fails to pay the Seller any sum due pursuant to the Contract, the Buyer shall be liable to pay interest to the Seller on such sum from the due date for payment at the annual rate of 8% accruing on a daily basis until payment is made, whether before or after any Judgment. The Seller also reserves the right to claim interest under the Late Payment of Commercial Debts (Interest) Act 1998.
13. RETURN OF GOODS
Goods Ordered in Error The seller will accept return of Goods ordered in error provided by the buyer advises the seller, within 5 days of receipt of delivery. Returned goods must be unused, in original packaging. The buyer agrees to return the goods ordered in error to the seller, at the buyer’s risk and cost. The seller recommends that the buyer organise collection of the goods by the seller to reduce risk of damage (charges apply). A credit note will be issued following receipt and inspection of the goods by the seller, which will be subject to a 25% restocking charge of the net order value. Costs incurred in collection will be charged at carriage cost. Faulty/Damaged Goods The buyer must advise the Seller of any goods that were delivered damaged/faulty within 5 days of receipt of delivery. The seller will organise collection of returned goods at their own expense plus delivery of correct items. Returned goods must be stored properly and not used or damaged. Returned goods must be unused and in original packaging Goods that have been used will not be accepted by the Seller on grounds of Health & Safety.
14. LIMITATION OF LIABILITY
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. 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). As the Seller offers warranty and return of Goods the Sellers liability in contract shall not exceed a figure equal to twice the Price.
15. 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.
16. PROPER LAW
This contract shall be governed by and construed according to the law and the purchaser submits to the jurisdiction of the courts. These terms of trade will prevail over any conditions that shall be issued by the customer. Customers should not rely on any representations made by staff as they do not form part of the contract or collateral contract. The above Conditions shall apply to all total orders for goods received by the Company for supply in the United Kingdom. No other conditions whether or not inconsistent with these Conditions shall apply.
