These terms and conditions apply to all transactions between the buyer and Timesco
of London (TOL) and override any conditions the buyer and TOL may have otherwise
except those confirmed by TOL in writing. Any variations on these conditions stipulated
by any of the buyer’s documents implied by statute, common law or trade usage are
inapplicable unless accepted by TOL in writing. This transaction will be deemed
a contract of sale.
TOL will make every effort to deliver the order within the time period quoted (which
will commence from the receipt of orders by TOL in writing). TOL accepts no responsibility
or liability of any kind for failure to deliver within the time period quoted. If
the delays in the completion of deliveries are beyond the control of TOL, the buyer
will not be entitled to cancel the order or refuse delivery. TOL reserves the option
to supply all orders in partial shipments and to invoice the same separately. If
the buyer is unwilling or unable to take or accept delivery after 14 days from being
informed that the goods are ready for dispatch, the liability for loss or damage
and risk to the goods shall pass to the buyer.
TOL will not be liable for any delay in delivery or non delivery due to reasons
which are beyond its control. These reasons may include without limitations, restrictions
by governments authorities, fire, flood, strike, industrial disputes, breakdown
of machinery, explosions, war and delay in delivery by TOL’s suppliers or any other
circumstances. Under any of the above, suspension, cancellation or extension of
delivery may result at the discretion of TOL.
Any quotations made by TOL will remain valid for the period stated in writing. If
price variations occur within the validity period which are beyond the control of
TOL, the quotation may be subject to change before or after the maturity date. In
any event all quotations are E. & O.E. and are subject to acceptance. TOL reserves
the right to withdraw any offer made on goods or contracts without notice and at
any time before acceptance. Delivery dates on quotations are quoted on stock positions
prevailing at the time of the quotations, and are liable to change without notice.
All prices are shown ex works unless quoted otherwise on quotations or agreed otherwise
in writing. TOL reserves the right to supply goods at the rate prevailing at the
date of dispatch. TOL reserves the right to adjust its selling prices without prior
notice.
Goods which are lost or damaged in transit will be replaced, repaired or the cost
of the goods refunded at the option of TOL. TOL will not incur any liability further
than the value of the goods irrespective of any damages or otherwise to the buyer.
Any claims by the buyer regarding loss in transit will not be entertained unless
reported in writing within 14 days from the date of invoice. Damage and short deliveries
must be reported in writing within 3 days of receipt of the goods to the carrier
and TOL. Any goods which are returned for replacement due to damage in transit must
be done so carriage paid at the buyer’s expense, and Timesco will reimburse any
reasonable costs.
Unless otherwise agreed by the buyer and TOL in writing, payment for all orders
is required in full when order is placed. TOL may at its discretion extend credit
facilities to the buyer. The standard credit facility is 30 days from the date of
the invoice subject to approval by TOL. TOL at any time may suspend credit terms
and request payment for goods prior to delivery. TOL reserves the right at its option,
unless otherwise agreed in writing to charge 5% per month interest on all accounts
which are overdue for payment. Without prejudice to the above clause TOL reserves
the right, at its option, to suspend further supplies and any of its services should
the buyer fail to make payment by the due date.
Goods will not be accepted back for credit if: returned after 30 days from the date
of invoice, are produced as specials, are discontinued lines, or have been used,
or are modified or altered in any way. In any event written permission is required
from TOL before any goods can be returned. TOL may refuse to accept back goods for
credit, refund or replacement or repair at its discretion. Any goods authorised
for return by TOL are sent at the sender’s own risk. TOL will not be liable for
goods which are not received by TOL due to non delivery or damage caused by any
delivery service the sender has used to return the goods. Insurance and carriage
for returned goods is the responsibility of the sender.
The Buyer shall determine the application and suitability of the products which
the Buyer purchases. TOL does not accept or imply any representation of use or suitability
of any products it manufactures or supplies. All surgical instruments supplied by
TOL are guaranteed for life against faulty workmanship and materials. This guarantee
does not cover consumable parts of any product or fair wear and tear. Cutting edges
of products will deteriorate over time and are not covered by this warranty. Single
use and disposable products are not covered by this warranty. Any surgical instruments
purchased from TOL which are found faulty due to poor workmanship or material must
be informed to TOL in writing. After inspection by TOL if the products are found
to be faulty and are not the result of abuse, misuse, improper care or storage,
inadequate maintenance, modification, (branded, stamped or etched), TOL will replace
or repair the goods at its option. Any product found to be faulty must, after written
acceptance from TOL, be returned to TOL carriage paid. Any products which are returned
without written acceptance from TOL will remain at the buyer’s risk. TOL’s liability
is limited to repair and replacement only. All surgical instruments are either supplied
unmarked or branded with Timesco brand marks. Any items which the buyer brands himself
or which TOL brands on the buyers behalf are not covered by this guarantee. The
liability of any such products remains with the buyer. TOL will not in any circumstances
be held responsible for any such products. Products which are produced from the
buyers patterns, drawings, specifications etc., will not be covered by this guarantee
if the materials, specifications etc. are at fault. Surgical instruments which are
produced by TOL are either supplied unmarked or branded: TIMESCO ENGLAND CE. Our
brand does not imply any specific country of manufacture or origin, but is brand
mark for ascertaining TOL products which are produced to a recognised standard of
the TOL group of companies. Products and services which are provided by TOL for
companies which TOL acts as a distributor/agent etc. and any products which is not
produced by TOL will be covered by the guarantees of the represented companies and
not by TOL. Similarly all risks for the represented companies will be the liabilities
of those companies. Any product which is used in any manner for which it was not
designated will automatically render this guarantee invalid.
The use of TOL products is limited to trained professionals and qualified Physicians
only.
TOL accepts no liability when producing goods to the buyer’s specifications or patterns
if the specifications or patterns infringe any patents or registered design laws.
Any patents or registered designs which are so infringed are the sole responsibility
of buyer, and TOL will not be liable to any penalties or costs. If the buyer is
aware that a design etc. infringes a known registered design or patent, the buyer
must inform TOL in wiring of the same.
All documents literature, specifications and statements made or supplied by TOL
or any company which TOL acts as an agent/distributor for are made in good faith.
TOL accepts no liability to any misrepresentations, errors or omissions therein.
Due to continuous product development by TOL and the companies which TOL represents,
specifications for any product may change without prior notice. Any products which
have been greatly altered from the specification illustrated or listed will be advised
to the buyer before supply. TOL reserves the right to discontinue products without
prior notice.
In the event that the Buyer becomes insolvent, the goods sold against this contract
remain TOL’s exclusive property until all monies due to TOL are paid in full. If
the buyer should commit any act of bankruptcy or if a petition or receiving order
in bankruptcy should be made against him or a court order made or a resolution passed
for the winding up (except for the purposes of reconstruction and amalgamation)
or become unable to pay its debts, TOL will be entitled to enter upon the buyer’s
premises and to repossess any goods to which TOL has title to. The buyer will be
liable for any damages to the goods and once the goods are in the buyer’s possession,
will insure the goods against all risks. The title of any goods or services supplied
by TOL will remain with TOL until paid in full by the buyer.
All contracts between the buyer and TOL will be construed and governed by English
Law.