SCHILL MEDICAL – A DIVISION OF ASTON CLINTON SCIENTIFIC LIMITED
(hereafter the ‘Company’)
TERMS AND CONDITIONS OF SALE AND WARRANTY
1) SUPPLY OF THE PRODUCTS
A) SUPPLY OF PRODUCT – The ‘Company’ shall use its best endeavours to supply the Product in accordance with orders received by the Purchaser.
B) OBLIGATION – The ‘Company’ shall not be under any obligation to continue to offer for sale all or any of the ‘Company’ Products and shall be entitled to make such alterations to the specifications of the Products it may think fit.
C) DELIVERY – Normal shipment time for standard orders is about 3 – 4 weeks or sooner on receipt of order. The ‘Company’ shall use all reasonable endeavours to meet the delivery date but time of delivery shall not be of the essence and accordingly the ‘Company’ shall have no liability to the Purchaser if, notwithstanding such endeavours, there is any delay in delivery.
D) TITLE – The title to any consignment of Product shall not pass to the Purchaser until payment in full of the price therefor has been paid to the ‘Company’.
E) RISK – Risk of loss or damage to any consignment of Product shall pass to the Purchaser from the time the ‘Company’ notifies the Purchaser that the Products have been shipped to the Purchaser or are available for collection.
2) TERMS AND PAYMENTS
A) PRICES – All prices are quoted in UK Pounds or Euros and are ex-works either UK, or Probstzella, Germany unless otherwise directed. Delivery will be charged at estimated cost and special delivery will be charged for special urgent deliveries. For orders above 25.00 UK Pounds a minimum Post and Packing charge of 10.00 UK Pounds will apply. For orders under 25.00 UK Pounds a minimum Post and Packing charge of 5.00 UK Pounds will apply. All orders will be subject to VAT unless a VAT Exemption Certificate is supplied with the order.
B) PAYMENTS – All payments shall be made by the Purchaser by transfer to such Bank as the ‘Company’ shall notify on its invoice or by cheque made payable to ‘ASTON CLINTON SCIENTIFIC LIMITED’. The ‘Company’ invoice will usually describe the Products, price, charges and VAT. Payment terms are strictly 30 days net to hospitals and distributors / agents. Accounts overdue for payment after 60 days will be liable to interest charge which the Company reserves the right to add to Statements. For Product offered to members of the public the Payment must accompany the order by cheque made payable to ‘Aston Clinton Scientific Limited’ or money order or bankers draft.
C) PROPERTY RESERVES – In case of reselling the goods, additional to the reserved ownership, the value of the resale will be transferred when the full payment of the invoice has been met.
D) RETURNS – No item will be accepted for return without authorization or previous agreement by the Company. A Certificate of Cleanliness may be required. All returns are subject to a 15% restocking charge. Shipping charges on all goods must be prepaid.
E) SPECIFICATIONS – All information, weights, technical description, colour, design, and performance data are not binding. The ‘Company’ reserves the legal right to make changes as it sees fit.
F) TRADEMARK – The Trademarks multisonicã and aerosonicã are owned by Flores Medical GmbH. The ‘Company’ is not aware of any rights of any third party which would or might render the sale of the Products or the use of Trademarks on or in relation to the Product unlawful. This applies to any other Product distributed by the ‘Company’ and carrying a Trademark.
G) VALIDITY – The ‘Company’ reserves the right to issue new pricing structure without warning upon which previous price lists will become invalid. The ‘Company’ will use its best endeavours to notify hospitals and distributors / agents of revised prices.
H) WARRANTIES – Nebulisers manufactured by Flores Medical GmbH carry a 2 year warranty from date of shipment from the ‘Company’. Rechargeable batteries, mains power leads, car cigarette lighter leads and consumable items carry a 12 month warranty except items requiring to be replaced at the manufacturer’s recommended replacement intervals. Flores Medical nebulisers are constructed with an outer casing in which is housed sensitive electronics and ceramics. During manufacture and assembly the components are aligned and tested to check vapourisation and reliability as part of a quality assurance programme. Removal of the base of the nebuliser by any unauthorised person places at risk the alignment of the components and will automatically invalidate any warranty attached to the device. This is clearly stated on the relevant page of the ‘Instructions for Use’ manual. These devices should only be used in accordance with the instructions contained in the ‘Instructions for Use’ manual which should be adhered to at all times. All other products supplied by the ‘Company’ carry a 1 year manufacturer warranty which excludes batteries, consumables and spare parts. The Purchaser shall at all times be liable for costs incurred in returning Product to the ‘Company’ or its appointed agent for repair / servicing and any costs incurred in re-shipping the Product back to the Purchaser. All shipping charges must be prepaid.
I) COMPLAINTS – Claims will be considered only if raised within a week after receipt of the Product. If a consignment has been damaged in transit, the forwarding agent / carrier is to be advised immediately, even if the packing is not damaged.
J) FORCE MAJEURE – If either party is affected by Force Majeure it shall forthwith notify the other party of the nature and extent thereof. Neither party shall be deemed to be in breach of this Agreement, or otherwise be liable to the other, by reason of any delay in performance, or non-performance, of any of its obligations hereunder to the extent that such delay or non-performance is due to any Force Majeure of which it has notified the other party and the time for performance of that obligation shall be extended accordingly. If the Force Majeure in question prevails for a continuous period in excess of 6 months the parties shall enter into bona fide discussions with a view to alleviating its effects, or to agreeing upon such alternative arrangements as may be fair and reasonable.
K) PROPER LAW AND ARBITRATION – The Commercial Law Court of Stuttgart, Germany, will be the sole competent in any matter concerning Product manufactured or supplied by Flores Medical GmbH & Co.KG. Any dispute arising out of or in connection with this Agreement may at the discretion of the ‘Company’ and its Directors be referred to arbitration in London, UK, of a single arbitrator appointed by agreement between the parties or, in default of agreement, nominated on the application of either party by the President for the time being of the Law Society. Other than the aforementioned this Agreement shall be governed by and construed in all respects in accordance with the Laws of England, and each party hereby submits to the non-exclusive jurisdiction of the English Courts.
Schill Medical – A Division of Aston Clinton Scientific Limited
26 Elliot Park, Edinburgh, EH14 1DX, UK
Registered office: 7 Bath Place, London, EC2A 3DR, U.K.