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Legal Notices The following legal conditions have been written to be easily interpreted however if you have any question please contact us will be happy to try and answer them.
Copyright
Disclaimers Content written by third parties are not representative of the views expressed by 21st Century Health. 21st Century Health cannot monitor the content not produced by us and has not reviewed all the third party material published on this sight and 21st Century Health accepts no liability whatsoever in relation to the content of third party material placed on these pages except in relation to death or personal injury caused by our negligence.
ORDERS SUBMITTED ON 21STCENTURYHEALTH.CO.UK ('THE WEB SITE')ARE SUBJECT TO THE TERMS AND CONDITIONS('THE CONDITIONS') SET OUT BELOW.
BY SUBMITTING BY SUBMITTING AN ORDER ON THE WEB SITE YOU
('THE BUYER') AGREE TO ACCEPT TO BE BOUND BY THE CONDITIONS. THE 'GOODS' MEAN THE GOODS THE SUPPLIER IS TO SUPPLY UNDER THE CONTRACT ANY REFERENCE TO WRITING SHALL INCLUDE FACSIMILE AND E-MAIL AND ANY REFERENCE TO WORKING DAYS SHALL MEAN THE HOURS BETWEEN 09 30 AND 18 00 HOURS G.M.T. ON ANY DAY OF THE WEEK EXCLUDING SATURDAYS AND SUNDAYS AND PUBLIC HOLIDAYS.
1.SALE 1.1 The
Buyer shall place an order for goods by completing the order form and
submitting it from the web site. The supplier will confirm the order in writing
and will supply the goods to the buyer in accordance with the buyer’s order.
1.2
these conditions shall govern the contract to the exclusion of any other terms
and conditions.
1.3 Any
advice and recommendation given by any representive of the supplier to the
buyer relating to the goods that is not confirmed in writing will not be
binding on the supplier.
1.4 Any
variation to these conditions must be agreed in writing between the buyer and
the supplier.
2.
Orders and Quotes 2.1 In
accepting a quote or submitting an order for the goods the buyer acknowledges
that:
2.1.1
all Information and specifications relating to goods and any material produced
by the supplier are approximate only :
2.1.2
the limitations of colour capabilities of monitors and print outs may vary from
the goods supplied to the buyer under contract. Packaging may be updated from
time to time and may not resemble the
photographs seen on the web site.
2.2 Any
error in any quote, sales literature or
other document or information issued by the supplier or placed on the web site
may be corrected
2.3 The
supplier may make changes to the goods
to conform with any European Union requirements, or where the goods are
supplied to the suppliers own specifications which does not affect the goods
quality and performance.
3.
Right of Withdrawal
3.1 The
Buyer has the right to withdraw from the contract in seven working days of
submitting the order for the goods by giving written notice of the
withdrawal and the supplier shall
credit the credit card of the buyer
with the price of the goods and delivery charges as set out in clause 4.2
3.2 The
Buyer shall pay the costs of returning the goods to the supplier by the same
method that they were delivered in the event that the goods had been dispatched
by the supplier prior to receipt of written notice of withdrawal.
4.
Price
4.1 the
price of the goods shall be the price quoted on the web site on the date of
acceptance of the order by the supplier.
4.2 the
price of the goods doesn’t include delivery and accordingly all prices are ex
works the supplier’s premises. The buyer will pay the suppliers delivery charge
by the method of payment and delivery address specified by the buyers order in
accordance with the amount quoted order form. This price will also include the
cost of packaging and insurance.
4.3 The
price of the goods is inclusive of Value Added Tax.
5.
Payment Terms 5.1
Payment terms shall be made by credit cards on the date on which the buyers
order is accepted by the supplier.
5.2
Credit cards accepted are the ones listed on the web site on the date that the
buyer’s order is accepted by the supplier.
6.
Delivery 6.1 If
the Delivery address is different to the supplier’s premises, the supplier
shall be under no obligation under section 32(2) Sale of Goods Act 1979.
6.2
Although 21st. Century Health will aim
to dispatch in 24 hours the time for delivery should not be of the essence.
6.3 If
the buyer does not take delivery of the goods or give the supplier adequate
delivery instructions . The buyer is liable for a small storage cost and the
cost of re delivery. During this period the supplier is not liable for any loss
damage and deterioration of the goods during storage.
6.4 If
there is any short delivery the buyer shall inform the supplier in writing
within 5 working days from the date of delivery. If the buyer does not do so
the supplier shall not be responsible for any loss or damage suffered by the
buyer as a result of the short delivery. If there is any short delivery, the
supplier’s liability shall be limited to the price of the goods not delivered.
7.Risk
Of Ownership 7.1
Risk Damage and loss of Goods becomes the buyers responsibility on delivery. If
the Buyer fails to take delivery of the goods the buyer is responsible for
damage and loss.
7.2
Title of the goods shall pass to the buyer on delivery of the goods.
8
Intellectual Property 8.1 All
intellectual property and any other proprietary rights (including, but not
limited to copyrights and trademarks) and all technical, business or similar
information, including designs, documents and other materials relating to the
goods created by the supplier shall remain the property of the supplier only.
9.1
Nothing in clause 9 shall exclude the suppliers liability for death or personal
injury caused by the supplier’s negligence.
9.2
Subject to the conditions set out the supplier warrants that all goods will
correspond with the order at the time of delivery and will be free from defects
on delivery.
9.3 If
the supplier is in breach of the warranty contained at clause 9.2 the buyer
shall advise the supplier in writing immediately and in any case no later than
5 working days from the date of discovery of defect.
9.4 On
receiving notice under clause 9.2 , the supplier may decide to:
9.4.1
repair the goods
9.4.2
replace all parts of the defect goods
9.4.3
refund the price of the defective goods.
9.5 The
warranty contained in clause 9.2 shall be the extent if the supplier’s
liability for defective goods.
9.6 The
Goods are not tested and sold as fit for any particular purpose and any terms
of warranty or condition express implied or statutory to the contrary is
excluded to the fullest extent allowed in law.
9.7
these conditions will remain unless the goods are sold to a person dealing as a
consumer (within the meaning of the
Unfair Contract Terms Act 19 77) all warranties conditions terms and
liabilities expressed or implied by
statute or common law are excluded to the fullest extent permitted by law and
the supplier will not be liable to the buyer for any loss of any kind what so
ever which arises out of the breach of implied warranties or conditions or
breach of any other duty of any kind imposed on the supplier by operation of
law.
9.8 The
supplier will not be liable for any of the following losses which may arise by
reason of any breach of contract or any implied warranty, Conditions or other
term, any representation or any duty of any kind imposed on the supplier by
operation of the law:
9.8.1
any loss of anticipated profits or
expected future business:
9.8.2
damage to reputation or goodwill:
9.8.3
any damages costs or expenses payable by the buyer to any third party;
9.8.4.loss
of any other contract or; or
9.8.5
any consequential loss of any kind.
9.9
Unless otherwise provided in these conditions, and subject to clause 9.5 the
liability of the supplier for breach of any express or implied term of this
agreement shall be limited to the reasonable costs of remedying any defect in
the Goods or other matter constituting
a breech and in no circumstances shall the Suppliers liability exceed
the total amount paid by the Buyer to the Supplier under the Contract.
9.10
If, not withstanding the provisions of this clause 9, liability attaches to the
Supplier in no circumstances shall the suppliers liability to the buyer for a
breech of any express or implied terms of the Contract or any other duty of any
kind imposed on the Supplier by law arising out of or in relation to the
Contract exceed £100.
9.11
Without prejudice to any other provision included in clause 9, the Supplier
will not be in breach of the terms of the contract for any delay in performing,
or failure to perform, its obligations under the contract if that delay or
failure was due to any cause or circumstance beyond the suppliers reasonable
control.
10
Indemnity The
buyer shall indemnify the supplier against loss or damage suffered by the
supplier as a result of any claims brought against the supplier by any third
party for :-
10.1
Any loss, injury or damage caused by the goods or their use;
10.2
Any loss, injury or damage in any way connected with this contract provided
that this clause will not require the buyer to indemnify the Supplier against
any liability for the suppliers own negligence.
11.
Export Terms 11.1 In
these conditions ‘Incoterms’ means the international rules for the
interpretation of trade terms of the international chambers of commerce in
force on the date when the contract is made.
Unless the context otherwise requires, any expression which is defined
in incoterms shall have the same meaning in these conditions, but if there is
any conflict between incoterms and these conditions, these conditions shall
prevail.
11.2
Where the goods are supplied for export from the U.K, if the provisions of the
clause (11) are inconsistent with any other provision of these conditions, the
provisions of this clause (11) shall prevail.
11.3 The Seller shall be responsible for
complying with any legislation or regulation governing the importation of the
goods in to the country of destination and for the payment of any duties.
11.4
The buyer shall where applicable:-
11.4.1
Not either directly or indirectly export the goods or any product incorporating
the goods without first obtaining a licence. to export or reexport from the U.K
Government and/or the U.S office of export and administration (the OEA)
11.4.2
Comply with the export regulations of the U.K government and/or the OEA
11.5
The goods shall be delivered DDP and the supplier shall be under no obligation
to give notice under section 32(3) of the Sales of Goods Act 1979.
12
Termination 12.1
The supplier may terminate this contract or any other contract between the
parties and may cancel or suspend future deliveries (under this contract or any
other contract) if the buyer :-
12.1.1
is in breach of these conditions or any other contract between the parties; or
12.1.2
has a petition presented for its winding up or for an administration order to
be made in respect of it; has a receiver or administrative receiver appointed
over it or any of its assets; resolves to wind itself up (other than for a
solvent reorganisation); has a bankruptcy order made against it or any or its
partners; or enters, or proposes to enter into a composition or voluntary
arrangements with its creditors.
12.2 On
termination, the buyer shall pay to the supplier all costs, expenses (including
legal and other fees incurred) arrears, charges or other payments arising in
respect of the goods under contract.
12.3
Termination shall not effect either parties accrued rights under the
contract.
13
Withdrawal and Use of Goods 13.1
The supplier may withdraw the sale or distribution of any goods produced by or
generally supplied by the supplier without prior notice, or liability to the
buyer.
13.2 If
the supplier provides the buyer with information about the use for which the
goods are designed and about any conditions necessary to ensure that the goods
will be safe then the buyer shall use the goods accordingly.
14
General 14.1
Any notice enquired under these conditions shall be in writing addressed to the
other party at its registered office or principle place of business or any
other address notified by the receiving party to the party giving the notice. Any notice shall be deemed to be served:
14.1.1
If sent by prepaid first class post to the party to whom it was given, on the
second working day after posting it;or
14.1.2
If sent by prepaid air mail post to the party to whom it was given, on the
seventh day after posting;or
14.1.3
If sent by fax to the recipients fax number at the date and given time on the
senders transmission acknowledgement slip or (in the case of manifest error or
loss of the slip) on receipt.
14.2 If
any of these conditions is held by any competent authority to the unlawful,
invalid or unenforceable in whole or in part then the validity of the other
provisions of these conditions and the remainder of the provision in question
shall not be effected thereby and shall continue to be valid and enforceable to
the fullest extent permitted by the law.
14.3
The contract on these conditions shall be governed under English law and the
parties submit to the exclusive jurisdiction of the English courts if there are
any disputes between them of any kind.
14.4
The buyer shall not transfer, assign or sub-contract its obligants under the
contract without the supplier’s prior consent in writing.
14.5
Failure or neglect by the supplier to enforce at any time any of these
conditions shall not be a waver of the suppliers rights and shall not effect
the validity of the whole or any part of these conditions or prejudice the
suppliers right to take subsequent action.
April 3rd 2000
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