- In these Terms and Conditions, the phrase “the Company” shall mean Premier Diagnostics Ltd.
- Unless otherwise expressly agreed in writing, these Terms and Conditions shall apply to all agreements and deliveries from the Company for the supply of goods.
ACCEPTANCE AND VARIATION OF PRICE
- All quotations whether verbal, or in writing do not constitute offers and are subject to the Company’s confirmation on receipt of the customer’s order. A quotation shall only be valid for a period of 90 days from its date of issue
- All prices quoted, or listed by the Company are based on the prices of the Company’s suppliers at the time of the quotation, and are subject to adjustment prior to despatch to cover any increases
- Where Goods are to be imported the Company reserves the right to vary the price quoted to reflect the rate of exchange for purchase of the relevant currency in pounds sterling
- Information given in catalogues, price lists and other product information provided by the company is only binding on the company to the extent that the agreement with the buyer expressly refers to such information. The Company reserves the right to change any information without notice.
DELIVERY AND INSTALLATION
- Unless otherwise agreed in writing by the Company, the Goods shall be delivered ex-works Premier House, Cherwell Business Village, Southam Road, Banbury OX16 2SD – as defined in INCOTERMS 2010
- The Company will use its best endeavours to deliver at the time stated but delivery dates shall be regarded as estimates only. The Company shall not be liable for any delays caused beyond the Company’s control
- Goods shall be deemed to be delivered when delivered to the address in the UK specified by the customer
- The Company shall (at its sole option and subject to the parties entering into a separate agreement) install the Goods provided that the site has been prepared in accordance with the Company’s instructions and all necessary facilities are freely available. If installation is not possible at the time of delivery due to no fault of the Company, the Company shall be entitled to make an additional charge in respect of further visits to the same site to install the Goods
- As for goods manufactured specifically for the customer, the customers right to cancel the agreement is conditional on the customer proving that the purchase no longer exists
- If special delivery arrangements are requested by the customer all additional costs shall be paid for by the customer.
RISK AND TITLE TO GOODS
- The risk in the Goods passes to the customer upon delivery but property in the Goods remains vested in the Company and shall not pass from the Company to the customer until full payment has been made by the customer for all sums due
- In the event of the Goods being sold by the customer in such manner as to pass to a third party a valid title to the Goods, whilst any sums are due, the customer shall be the Trustee for the company of the proceeds of such sale or to the claim for such proceeds and the customer shall place such proceeds in a separate bank account
- The customer agrees that prior to full payment being made the Company may at any time enter the customer’s premises and remove the Goods and the customer shall keep the Goods separate and identifiable for this purpose
- Any implied authority that the customer shall be entitled to sell the Goods and pass property in the same to third parties, in the normal course of its business will continue until otherwise notified to the customer, by the company, or until any of the following events:
- Any notice to the customer that an administrator, administrative receiver is to be or have been appointed
- Any notice to the customer that a petition for an Administration Order is to be, or has been presented to the customer,
- Any notice to the customer that a petition to wind up the customer is to be made, or has been presented to the customer
- A decision by the customer that the customer intends to make any arrangement with its creditors
- Presentation to the customer of a petition for bankruptcy, the customer shall immediately notify a Director or other authorised officer of the company
- On receipt of notice of any of the above, the customers implied authority to sell the Company’s Goods shall be immediately withdrawn and all Good’s and products shall be delivered to the company.
Returns are only accepted by prior written agreement with the Company and only, should the Goods being of current design, new equipment in good condition. Carriage paid to Company. Any costs incurred in making Goods as new will be charged to the customer.
Unless otherwise stated, standard payment terms are 7 days from date of invoice. Where payment is not received, for any Goods or Services provided by the specified date, the Company reserves the right to refuse to attend any further calls to site to either complete works or to calibrate, even if previously paid for, until the account is paid up to date.
Failure to settle any outstanding balances will result in a late payment charge of 8% above Bank Base Rate.
LIABILTY AND WARRANTY
The customer shall inspect the Goods upon delivery and report immediately any damages, the customer cannot at a later date make a claim. The Company will make good, at its option, by repair or replacement any defects in the Goods due solely to defective workmanship or materials which are notified to the Company within the agreed time from the date of delivery to the customer provided that:
- The obligations on the Company shall not extend to defects caused by wilful damage, negligence, incorrect storage or application, movement, installation (if not installed by the Company) or defects caused by general wear and tear
- The Goods are made available for inspection and repair within 14 days of notification of the defect, or if required by the Company, the Goods are returned within 14 days
- A Service Contract must be obtained from either the Company or the manufacture’s fully trained and approved supplier
- All routine maintenance must be carried out to the Manufacture’s recommended intervals
- The Company at all times reserve the rights to decide which items are deemed as accidental damage, misuse or general wear and tear and will not be covered under warranty. Most new equipment comes as standard with a 12-month warranty unless otherwise stated at point of sale.
The Company shall be excused from liability to the customer if performance is prevented or hindered by any cause whatsoever beyond the Company’s control and, in particular, without prejudice to the generality of the foregoing by act of God, war, riot, Government controls and restrictions, fire flood, subsidence, sabotage, accident, strike or lockout and shall not be liable for any loss or damages suffered by the customer.
Except as set out in these terms and conditions, no variation of the agreement between the Company and the customer for the sale and purchase of the Goods in accordance with these terms and conditions, shall be effective unless in writing and signed by a Director of the Company.
INTERLLECTUAL PROPERTY RIGHTS
- All drawings and technical documentation, all intangible property rights, including software, and similar materials and information supplied by the
- Company to the customer including Intellectual Property Rights remain the property of the Company and shall only be used in conjunction with the use and maintenance of the Goods delivered by the Company and must not be copied, reproduced, assigned or entrusted to an unauthorised third party by the customer
- Nothing in this agreement shall be construed as conferring any licence or granting any rights in favour of the customer in relation to the Intellectual Property Rights
- Any reputation in any trade marks affixed or applied to the Goods shall accrue to the sole benefit of the Company or any owner of trade marks from time to time.
These terms and conditions shall be construed in accordance with English Law. Any disputes arising out of, or in connection with these Terms and Conditions shall be determined by the English Courts.
We enable the interested parties to get in contact via a special online form, by telephone enquiry or by post. In order to answer inquiries, personal data will be collected. Personal data is not passed on to third parties or used in any way other than to handle the inquiry. Should it be necessary to pass personal data on to third parties in order to handle the inquiry, the consent of the inquiring party is deemed to be granted to this extent. Data will, in particular, not be used for marketing purposes.
Purposes of data collection, processing or use
The main purpose for the collection, processing or use of personal data is the distribution, the administration and the support of customer requests in the area of workshop equipment.
Liability for downloads
For service and support purposes, we make files available for download. This download takes place at the individual’s risk. We are not liable for damages resulting from the installation or the use of software from the download area, provided this is legally permissible. Despite up-to-date virus checking, liability for damages and impairments caused by computer viruses is excluded in the context of legal regulations.