Terms & Conditions (“Terms”)

Last Amended: January 28, 2021

AC Cossor & Son (Surgical) Ltd partnership with Lutech Medical

Our website address is: https://www.lutechmedical.co.uk

Below are listed our terms and conditions and it is important that you read and understand them.

1. ACCEPTANCE OF ORDERS: All orders are accepted by us to these conditions of sale. No variation of these conditions will be accepted by us unless previously agreed in writing. Orders will only be binding upon receipt of written confirmation from us (hereafter known as “the Company”). The Company reserves the right to refuse any order. We always recommend that customers check whether a product is in stock or not before ordering, especially if it states “Stock Running Low”.

2. CUSTOMER’S AUTHORITY: Customers entering into transactions with the Company expressly warrant that they are authorised to accept and are accepting these conditions not only for themselves but also as agents for and on behalf of all other persons who are, or may become, interested in the Company’s goods or products, whether in whole or part.

3. PRICES: All prices quoted in this website are exclusive of VAT. VAT exemption may apply in certain instances.

4. PAYMENT: Payment of account is to be received by the Company within 30 days from the date of each and every invoice. Failure to pay on the due date will entitle the Company to withhold delivery of subsequent orders and any agreed discounts.

5. DETAILS AND SPECIFICATIONS: Details, including prices and specifications in this brochure are correct at time of going to print but may be changed without prior notice. We will be pleased to check the latest specifications for you by telephone. The Company reserves the right to alter specifications of any given product, and to withdraw any item without explanation or notification.

6. CANCELLATION OF GOODS: The Company endeavours to meet Customer’s individual requirements but the Company shall be under no obligation to accept cancellation or amendment to any order or any part of an order. Where such cancellation or amendment is accepted it is on the understanding that a cancellation or amendment charge may be levied.

7. RETENTION OF TITLE: (a) All Goods supplied by the Company to the customer shall remain the property of the Company until such time as the Company receive payment in full for the Goods and of all other monies due to the Company from the customer. Until such payment as aforesaid, is received, the separate identity of those Goods shall be maintained by the customer. After delivery of the Goods to the customer or his nominated sub-purchaser, the Goods shall be at the customer’s risk and the customer shall insure those Goods against loss or damage. (b) Until such time as title in the Goods shall pass to the customer in accordance with the foregoing provisions, the Company shall be entitled at any time to repossess the Goods whether with or without notice and the Company and its employees or agents shall have the right at any time to enter upon the premises of the customer for the purpose of effecting such repossession.

8. FORCE MAJEUR: Deliveries against the contract may be suspended pending any contingencies beyond our control and the Company shall not be liable for any loss or damage occasioned to the customer thereby.

9. NO WARRANTY: Goods are supplied according to the descriptions and specifications given in the relevant and current brochures of the Company. The Company gives no warranty and makes no representation as to the suitability of fitness of any goods for any particular purpose unless expressly given or made in such brochures.

10. DELIVERIES: Every effort will be made to supply orders promptly but the Company will not accept responsibility for suspension or delay in deliveries nor for the consequences thereof. Do you have any special delivery requirements? In general delivery is to the reception desk and/or ground floor at the stated delivery address. Please let us know if you require delivery to another location either at the surgery or another premises. This may affect the prices quoted. It is the customers responsibility to inform the Company of any difficulties in delivering (e.g. narrow doorways, stairs, restricted access). You are advised to discuss this with your customer specialist at the time of ordering as the Company cannot accept responsibility for delivery problems resulting from the information supplied by the customer.

11. CARRIAGE: All orders must be placed in accordance with the Company and these will be despatched by the most appropriate route. Where a customer suggests an alternative route or places an order outside normal schedule the Company shall have the right to charge the entire cost of delivery, irrespective of the value of the order.

12. BREAKAGES: Goods should be signed for as ‘unexamined’ and any damage or shortage must be reported in writing within 3 days of delivery to the branch from which the goods were despatched, otherwise no claim can be considered. The complete packaging should be retained if pilfering is suspected or if breakage has occurred. If pilfering is suspected the Company and the Carriers should be notified immediately. Claims cannot be considered unless these conditions are observed.

13. RISK: Risk shall pass to the customer from the date of delivery of the goods.

14. NON-DELIVERY: In the event of non-arrival of goods, customers must inform the Company within 7 days of the date of the invoice or advice of despatch, otherwise no claim can be considered.

15. RETURNED GOODS: Goods are not supplied on a sale or return basis. Returns, which must be in whole original packs supplied directly from the Company, will be accepted only with the prior permission of the Company and with an authorisation number. ‘Order against order’ items such as ECG’s and Vital signs monitors will only be accepted back with prior permission from manufactures. In some cases items may not be accepted as a return due to infection control (this includes all Sissle pillows, splints and clothing). In the event of the client not being entirely satisfied with their purchase, notification must be received no later than 7 days from the date of delivery. Failure to do so will result in credit/refunds not being issued. Please note that items which have been made to order, or are calibrated in some way will be liable to a restocking or re-checking fee. Items made to customers own specifications will not be accepted for return unless faulty. Such goods are returned at the senders responsibility- We advise that both certificates of postage and adequate insurance is sought. The Company accept no responsibility for goods lost during return transit. No replacements are available whilst goods are exchanged, replaced or repaired. Goods will not be acceptable for return if they have been re-labelled in any way, or if any tamper evident seals have been broken. Returned goods must be accompanied by a Returns Authorisation.

Goods authorised for return within 14 days of despatch – 100% allowance less charges. Any other goods – no allowance. Goods which are authorised for return should be sent to the depot from which they came from in the original packaging and accompanied by a Returns Authorisation. The following classes of goods will not be accepted for return: Goods which have been damaged because of improper handling or abuse. Goods which have been opened, partly used, or from which the seals or labels have been removed or tampered with. Goods which have been damaged by fire, water or smoke. Goods which (where applicable) have exceeded their guarantee or warranty period. Goods which are made to the customers own specification. Goods which are sterile and/or disposable. Goods which are not in our current catalogue but which have been specifically ordered by the customer. Goods ordered in specifically for customers (non-stock).

Goods accepted by the Company for credit only will unless otherwise agreed be subject to a handling charge at the rate of 25% calculated on the net invoice value of the goods returned. Goods accepted by the Company for exchange will generally not be subject to a handling charge. In some cases the handling charge may be increased due to the manufacturers having to re-test equipment before re-sale is permitted.

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.

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