Terms and Conditions
Wake Medical Ltd.
(1) Unless it is clear from the context that some other context is intended:
“the Company” means Wake Medical Ltd., a private company incorporated in England and Wales with limited liability under the Companies Act 2006 under company number 08445452 having its registered office and principal place of business at Barnsley Business and Innovation Centre, Innovation Way, Barnsley, S75 1JL
Tel: 01226 296555, http://www.wakemedical.co.uk/;
“Consideration” means the payment in money or moneysworth for Goods and/or Services;
“Contract” means a contract whereby the Customer agrees to acquire Goods and/or Services from the Company, and the Company agrees to supply Goods and/or Services to the Customer;
“the Customer” means a person contemplating the acquisition of Goods or Services from the Company;
“Goods” has the meaning set out in s.18 (1) of the Supply of Goods and Services Act 1982;
“Order” means an offer by a Customer to acquire Goods and/or Services from the Company;
“Services” means services to which the Supply of Goods and Services Act 1982 would apply.
(2) Unless stated otherwise:
(a) The masculine gender includes the feminine and neuter; and
(b) The singular number includes the plural and vice versa.
- Status of these Terms
Except where the parties agree to the contrary,
(1) These are the only terms upon which the Company supplies Goods and/or Services,
(2) Any terms offered by the Customer, whether contained on its website, in its business stationery or otherwise, shall be disregarded.
(3) The Company reserves the right to vary these terms without notice at any time and with immediate effect.
Specifications of Goods emanate from their manufacturers and not from the Company.
The Customer shall satisfy himself before placing an Order that such Goods as he may procure will meet his requirements
- Formation of Contracts
A Contract shall come into being when, and only when, the Company accepts an Order from a Customer.
Unless the parties agree otherwise in writing, the Consideration shall be payable in full open the formation of a Contract.
Without prejudice to its other rights and remedies, interest shall accrue on all sums due to the Company from the Customer at the rate of […5.]% above the base rate for the time being of […HSBC………………….] Bank Plc.
- Retention of Title
(1) Title to any Goods that may be delivered shall remain with the Company until payment of the Consideration and any interest thereon in full.
(2) The Customer shall mark any Goods in his possession as the property of the Company and separate them from his own goods until the Consideration is paid in full.
(1) The risk in any Goods shall pass to the Customer upon the formation of a Contract for their supply.
(2) The Customer shall insure the Goods while they are in transit or in his possession from the formation of the Contract for their supply until payment of the Consideration in full.
10 Force Majeure
Should the Company be prevented or hindered from performing any obligation by circumstances beyond its reasonable control (including but not limited to terrorism. strikes or other labour dispute) it shall not be liable to the Customer for any loss or damage that the Customer may sustain from such non-performance and the Company shall be excused from such performance while those circumstances persist.
Should any of these provisions be void, voidable or unenforceable for illegality or because it is contrary to statute or public policy in any part of the United Kingdom or elsewhere, such provision shall be deemed never to have formed part of these clauses but all other provisions shall remain in force.
Forbearance in enforcing a provision on any occasion shall not prevent or impair future enforcement of that provision or any other of these provisions.
(1) All notices or notifications shall be in writing and signed by the party on whose behalf they are served or given.
(2). Notices or notifications may be delivered by post, fax or email to the postal address, fax number or mailbox of the party to whom it is addressed
(3) Either party may change the address, fax number or email where it will receive notices or notifications by notifying the other in accordance with this clause.
(4) Postal delivery will be deemed to have taken place on the second working day after the date of posting.
(5) Delivery by fax or email will be deemed to take place upon transmission of an automatic acknowledgement by the remote fax machine or mail server.
- Exclusion of Exclusion of Contracts (Rights of Third Parties) Act 1999
These provisions are not intended to create any right under the Contracts (Rights of Third Parties) Act 1999 which is enforceable by any person who is not a party to this agreement and the rights of any third party under that Act are hereby expressly excluded.
- Choice of Law
(1) These provisions shall be construed and enforced in accordance with the laws of England and Wales.
(2) The Customer submits irrevocably to the jurisdiction of the courts of England and Wales.