1(a) All contracts entered into between Excel Surgical Ltd (‘the Seller’) and any person, firm or company (‘the Buyer’) purchasing goods and/or services from the Seller shall be subject to the following terms and conditions.(b) The Buyer’s terms and conditions shall only be incorporated in the Contract: (i) If they are not at variance with the Seller’s conditions; and (ii) If they are specifically incorporated into the Contract by the Seller in writing. If the Buyer’s order purports to exclude these Conditions such clause shall be ineffective unless within three days of the date of Contract (which shall be the date of the receipt by the Buyer of the Seller’s written acceptance) the Buyer shall have obtained the Seller’s express written agreement to vary these Conditions.

2. Unless otherwise stated all prices are net and are those ruling at the time of dispatch. Published price lists and quoted prices are subject to change without notice due to suppliers’ price fluctuations and other causes beyond the Seller’s control. Quoted prices apply only to the stipulated quantities and do not necessarily hold for lesser quantities. All prices are subject where appropriate to Value Added Tax at the rate ruling at the time of dispatch.

3. Payment is due within 30 days of invoicing. The Seller reserves the right to charge interest on a day to day basis on accounts outstanding beyond the time specified in this Condition the rate of interest being 2% per month until payment is received.

4(a) Delivery and the cost of carriage shall be borne by the Buyer at their prevailing rates from time to time. Carriage is chargeable at the Seller’s discretion. (b) The Seller will endeavour to meet quoted delivery dates but such dates are estimates only and the Seller shall not be liable for the consequences of any delay. (c) The Seller shall in any event be entitled to extend the delivery period where delay is caused by factors outside Seller’s reasonable control. (d) The Seller shall be entitled to deliver goods comprised in one order in several consignments in which event each such consignment shall be treated as the subject of a separate contract.

5. Damaged / faulty goods or short deliveries must be notified to the Seller within forty eight hours of delivery or where applicable installation and the goods and packaging material retained for inspection otherwise no liability can be accepted. The Seller’s liability in respect of faulty goods shall be limited to giving the Buyer the benefit of any guarantee given by the manufacturer of such goods.

6. The title in the goods shall remain vested in the Seller and shall not pass to the Buyer until the Buyer has made payment in full of the purchase price. So long as the property in the goods remains vested in the Seller the Seller shall be at liberty at any time to retake possession thereof and for that purpose to enter upon any premises of the Buyer. Notwithstanding the foregoing the goods are at the entire risk of the Buyer from the point at which delivery is made.

7. Except where the goods are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977) all warranties conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.

8.Orders placed cannot be cancelled except with the Seller’s consent and on terms which will indemnify the Seller against loss and expenses incurred. Any goods returned without the Seller’s consent will not be accepted for credit. Non-faulty product returns must be received within 10 working days in a condition fit for re-sale. A handling charge of 15% of the net price may be charged at the discretion of the Seller.

9.This contract shall deemed to have been made in England the law is applicable to it is the Law of England and Wales and the matter shall be tried in the Bradford County Court which will have exclusive jurisdiction in the case.

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