Terms and conditions
In these conditions,
“The Company” means: Yate Disposables Ltd trading as Bioclarity;
“Goods” means the goods the subject matter of the contract;
“The Buyer” means the person, firm or company with whom the contract is made by the Company;
“The Contract” means the contract for the sale or supply of Goods.
These conditions shall apply to the Contract to the exclusion of all other terms and conditions contained or referred to in any order, letter form of contract sent by the Buyer to the Company and provisions of these Conditions shall prevail unless expressly varied by agreement in writing and signed by a Director on the Company’s behalf.
Not withstanding any detailed quotation of the Company no order shall be binding on the Company unless accepted in writing by the Company.
a) The price payable for Goods shall be the prices of the Company current at the date of despatch unless otherwise contracted.
b) The Company reserves the right to issue new price lists at any time without prior notice.
c) All prices are exclusive to Value Added Tax which will be charged at the appropriate rate.
d) The price of Goods shall be due in full to the Company in accordance to the Contract and the Buyer agrees not to exercise any set-off, lien or other similar right or claim whether in respect of any allege defect in the Goods or otherwise.
5. Terms of Payment
a) The Buyer shall pay the invoice price of the Goods (less any discount to which the Buyer is entitled, but without any other deduction) by the end of the month following the date of invoice.
b) The time of payment shall be the essence of the Contract.
c) Without prejudice to its other rights the Company may (both before and after any judgement) charge interest at 2% per month on overdue balances.
d) If your account is overdue by more than 30 days then the company reserves the right to pass the accounts debt to an external debt collection agency, all charges incurred by using this third party will be added to your final debt to cover administrative costs.
a) Any date quoted for the delivery of goods is given in good faith but is approximate only and the Company shall not be liable for any delay in delivery of the Goods howsoever caused. Time of delivery shall not be the essence of the Contract.
b) The Company will incur no liability (whether in contract or for negligence or otherwise) for loss of or damage to or defect in the Goods prior to delivery or for any claim that the Goods are not in accordance with the Contract (being a defect or loss, damage or non compliance obvious on a reasonable inspection of the Goods) or for non delivery, unless such claims are notified in writing to the Company (and in the case of claims for non delivery, loss or damage, with a copy to the carrier) within 14 days of despatch date.
Goods in accordance with the Contract cannot be returned without the Company’s prior authorisation. Duly authorised returns shall be sent to the Company‘s premises at the Buyer’s expense and a cancellation charge inclusive of loss of profit may be payable by the Buyer at the option of the Company. All returns shall be subject to a restocking charge of £5.95. The goods must be unused and in its original condition and packaging.
The Company shall reserve the right to charge carriage on orders less than £50 for deliveries within a 40 mile radius of BS37 7PA and on orders less than £75 beyond a 40 mile radius of BS37 7PA. If the Buyer requests overnight or two day delivery on carrier, the Company shall charge carriage accordingly.
9. Passing of Title and Risk
a) Title to the Goods supplied by the Company shall not pass to the Buyer until the Buyer has paid the Company:
i) The full purchase price of the Goods,
ii) The full purchase price of any other goods supplied to the Buyer by the Company,
iii) Any other sum which at the date that payment is made for the Goods is due to the Company by the Buyer.
b) Pending the passing of title to the Goods supplied to the Buyer, the Buyer undertakes to keep the Goods separate from any other goods of the Buyer or any other supplier so that the same are readily identifiable as the property of the Company and it shall be the duty of the Buyer at all times if so required to identify the Goods as the property of the Company.
c) The Company and its servants and agents may forthwith enter upon any premises or land occupied or owned by the Buyer to remove the Goods.
d) The Buyer may resell goods which he has bought under the Contract but not yet paid for in the normal course of business and shall owe a fiduciary duty to the Company to account for the proceeds of the sale and shall keep such proceeds separate for the benefit of the Company.
10. Conditions and Warranties
The descriptions and illustrations shown in any catalogue at the time of going to press are to the best belief of the Company correct but the Company reserves the right to make any modifications, improvements, alterations or any reasonable variations in size and weight in the supply of any of the products so described whether for reason of availability or materials or components or for any other reason.
No employee or agent of the Company has any authority to vary these conditions and no statement, description, information, warranty or recommendation contained in any catalogue, price list or advertisement or made verbally by any of the Company’s agents or employees shall enlarge, vary or override any of these Conditions.
12. Non Stock Lines and Special Orders
Such orders are only accepted on the understanding that they are non returnable and payment is made in full when delivered. Any deviation from this will be in writing by a Director of the Company. Any additional costs such as carriage and artwork will be charged accordingly.
13. Force Majeure
The Company shall be entitled to delay or cancel delivery or to reduce the amount of Goods delivered if and to the extent that it is prevented from or hindered in obtaining or delivering the Goods by normal route or means of delivery through any circumstances beyond its control including (but not limited to) strikes, lock-outs, accidents, war, fire, reduction in or availability of power at manufacturing plant or breakdown of plant or machinery or shortage or unavailability of materials from normal sources of supply.
14. E & O E
All quotations are subject to Errors and Omissions Excepted.
15. E Commerce
All web orders are subject to the Distance Selling Act.