TERMS & CONDITIONS OF SALE (GOODS)
1.1 “Purchaser” means the person(s), firm, business or organisation who buys Goods;
1.2 “Goods” means the articles, software or services to be supplied to the Purchaser by MHI, including any associated paperwork, user manuals or certification;
1.3 “MHI” means the Seller, Medical Health International Ltd, Lancashire House, The Sidings, Whalley, Lancashire, United Kingdom, BB7 9SE;
1.4 “Contract” means any contract between MHI and the Purchaser for the sale and purchase of Goods arising pursuant to an Order accepted by MHI from the Purchaser, and shall incorporate these Terms and Conditions of Sales as amended by any applicable Special Conditions agreed to by MHI in writing in the Order;
1.5 “Order” means MHI written acceptance of a purchase request from the Purchaser in the form of a Sales Order/Proforma Invoice, communicated to the Purchaser by email, post or otherwise. If there is a conflict between these Terms and Conditions of Sale and the Special Conditions then the Special Conditions shall prevail.
1.6 “Price List” is a list of prices for MHI Goods specified in various currencies, current at the date of the Order, amended from time to time by MHI.
Any quotation made by MHI shall remain open for acceptance for 14 days only, after which it shall lapse and cease to be binding on MHI. Every quotation is subject to revision by MHI for: errors and omissions; increase in price in accordance with condition 3 below; and the provision of Goods of a similar or equivalent nature as may be agreed with the Purchaser.
3 PRICE & PAYMENT
3.1 The Price for a Product is stated on the Price List, which MHI reserves the right to revise at any time to take into account any and all changes in costs, charges or currency exchange rates.
3.2 The Price does not include any taxes, duties, fees, insurance, delivery or shipping costs, whether relating to export or import of the Goods or country specific, all of which charges shall be the sole responsibility of the Purchaser;
3.3 The Price does not include costs for delivery, unless specifically itemised on the Proforma Invoice. At all other times, delivery will be the sole responsibility of the Purchaser
3.4 Payment shall be made in advance within 7 days of receipt of the Order by the Purchaser;
3.5 The Seller reserves the right to charge interest on any overdue payment in accordance with the Late Payment of Commercial Debts Regulations 2013.
If the Purchaser wishes to make a change to anything in the Order, the request must be made in writing. MHI will inform the Purchaser whether it is willing to agree to the change and if there will be impact on price or delivery. The Purchaser must notify MHI in writing within 7 days if these changes are accepted and if so, the price and delivery date will be adjusted by MHI. MHI will not proceed with the change until this notice is received.
5.1 Delivery will take place only after receipt of payment for the Goods as detailed on the Proforma Invoice.
5.2 All dates for Delivery given by MHI are given in good faith but are not guaranteed and MHI will not be liable to the Purchaser for any delay in Delivery.
5.3 Delivery of the Goods shall be deemed to take place when Goods are despatched by or on behalf of MHI. MHI will notify the Purchaser when Goods have been despatched for delivery or are ready for collection by the Purchaser from the Seller’s premises, unless different delivery arrangements are agreed in the Order.
6 CANCELLATIONS & REFUNDS
6.1 You cannot cancel your goods if they are perishable.
6.2 To cancel your contracts please email us at firstname.lastname@example.org
6.3 Where goods have already been dispatched, they must be returned in perfect condition, unused and in the original packaging to the return address at clause 6.6.
6.4 All international returns must be marked clearly on the outside with ‘Returned Goods’ to avoid import duty. Any import duty that is incurred will be deducted from the refund.
6.5 Medica Health Int. Returns, C/O Medica Health Int., Lancashire House, The Sidings, Whalley, Lancashire, United Kingdom, BB7 9SE.
6.6 Upon receipt of the goods we will credit the purchaser within 48 hours with the purchase price less any handling charges and fees which may have been incurred. We will not be responsible for any refund of postage or carriage. We recommend that an insured service is used to ensure safe arrival of the return.
6.7 If your goods need to be returned by freight you will be responsible for the cost of this.
6.8 Please note we do not have an exchange policy.
7 DUTY & CUSTOMS
7.1 Unless otherwise specified on the Order, the Purchaser is responsible for all payments of Import Duty, Fees and taxes required by their own countries laws and regulations.
7.2 The Purchaser is responsible for all liaising with their own country’s government bodies relating to imports and associated documentation required.
7.3 MHI is not responsible for delays caused by government departments of either MHI or Purchasers’ countries, with regard to customs and entry procedures.
8 FORCE MAJEURE
MHI will not have any liability to the Purchaser if prevented from performing the Contract on account of force majeure which includes, but is not limited to severe weather conditions, war, terrorism, strikes or difficulty in obtaining materials and labour. In any of these circumstances, MHI reserves the right to cancel or delay the Order.
9 OWNERSHIP & RISK
9.1 The risk of loss or damage to the Goods passes to the Purchaser upon Delivery.
9.2 Ownership of the Goods will remain with MHI until payment in full of all amounts due from the Purchaser have been received by MHI.
10 WARRANTY & LIABILITY
10.1 MHI will exercise reasonable skill and care in the manufacture and preparation of Goods and will provide a 12 month warranty from date of Delivery, unless an extended warranty card (product specific) has been completed and returned to MHI within 30 days of Delivery.
10.2 Any defects should be notified within one month of Delivery and the defective Goods returned to MHI. If MHI accepts that the defect is due to faulty workmanship or materials, MHI will have the option either to repair or replace the defective Product.
10.3 The warranty given above will not apply to defects which are due to: fair wear and tear; accidental damage; failure by the Purchaser to adhere to MHI’s instructions or recommendations; improper use; excessive use, handling or operation of the Goods outside of the guidelines as specified or referred to in any user manual and/or relevant user documents; incorrect storage; dropping; excessive shocks or power surges; corrosion; dirt, water or sand damages; repairs, modifications or cleaning out at a service centre not authorized by MHI; use of spare parts, software or consumables such as batteries, which have not been provided by MHI; accidents or disasters or any cause beyond the control of MHI, including but not limited to lightning, water, fire, public disturbances and improper ventilation.
11 INTELLECTUAL PROPERTY
All designs, specifications, patterns, drawings, photographs and intellectual property rights in the Goods provided by MHI are and will remain the sole property of MHI. Under no circumstances will the Purchaser copy or make use of any of MHI’s designs and other intellectual property rights.
12 PURCHASER DEFAULT
If the Purchaser commits a breach of contract, or fails to make a payment on the due date, or becomes insolvent or has a receiver or liquidator appointed, then, in any such case, MHI shall be entitled to cancel the Order and repossess any Goods for which payment has not been received in full.
13 LAW & DISPUTES
The contract between MHI and the Purchaser is governed by English law. Any dispute which cannot be settled amicably will be referred to mediation at the request of either party. CEDR (the Centre for Effective Dispute Resolution) will arrange the mediation. Any dispute that is not settled with mediation will be resolved in the English courts.