Terms & Conditions

10 Nov, 2016>
Company
EQUINE MEDICAL SOLUTIONS LTD.
Address
Buchanan Suite, LOMOND COURT, STIRLING, FK9 4TU
Phone
01786 431737
Company Reg.
525863
RCVS Practice Reg.
7170603

1. Definitions

  1. Company means Equine Medical Solutions Ltd
  2. Customer means the veterinary practice or any person to whom the Company has agreed to supply goods.
  3. Goods means the products which the Company is to supply to the customer in accordance with these conditions.
  4. Writing includes facsimile transmission, e-mail or similar means of communication.

2. Supply, Delivery, Use, Recording and Disposal

  • Goods and Materials are supplied solely for individual named and identified animals; misuse or use for other animals is not permitted and will negate all subsequent terms and conditions.
  • Delivery of goods and materials shall be to named veterinary practice premises only.
  • Once treatments are dispatched they cannot be refunded.
  • Please read the storage instructions for the products carefully. Some of these products are temperature sensitive and can be damaged by prolonged exposure to heat. Responsibility for the storage of the product becomes yours on receipt of the package. Risk transfers on receipt by the purchaser.
  • Use of goods and materials supplied shall be the responsibility of the customer only; use shall be according to the schedules prescribed by the Company and variations will be based on clinical judgement and common sense. Difficulties and abnormal responses shall be communicated directly to the Company immediately and in any case within 24 hours’ maximum.
  • All use of the material shall be accurately recorded in full in the customer’s individual client / case records.
  • Disposal of all supplied materials shall be according to the disposal methods defined by the Company for each material. Disposal will be undertaken by the customer within the time scale dictated by the Company.

4. Returned Goods Policy

The Company’s Returns Policy follows closely the guidelines approved by the Association of Wholesalers to the Veterinary Profession.

Under normal circumstances, goods will NOT be accepted for return for credit other than for the following reasons:

  1. To correct a Company delivery or order error.
  2. In response to a recall instigated by a manufacturer.
  3. Where the products or packages are faulty, damaged or tampered with prior to delivery.
  4. Where the products conform to a pre-arranged ‘sale or return’ scheme.
  5. Where the Company agrees, in advance of their return, to accept goods not covered by any of the above criteria.

For Goods Returned to Correct a Company Error

  • The Company must be informed of the problem within 24 hours of receipt.
  • The goods must be returned within 7 working days of receipt.
  • Goods requiring temperature-controlled storage must be notified to the Company not later than the next working day and must have been stored in accordance with the manufacturer’s recommendations whilst on the customer’s premises, and to which a signed statement to that effect may be required.
  • Goods must be adequately packaged to ensure that no damage is caused during their return to the Company.
  • All returned goods must be in perfect original condition; not marked in any way; should not show any evidence of being tampered with, including the opening of the outer packaging of the product and carry a product licence number where appropriate.
  • A product whose inner packaging has been opened cannot be accepted for return for credit for legal reasons.

To be considered for return for credit, the goods must be accompanied by a ‘Returns Note’ showing:

  • The name, address and account number of the customer returning the goods.
  • The quantity, description, strength and pack size of the goods.
  • The number of the specific invoice on which the goods were supplied.
  • The reason for the return as per the reason codes on the Returns Slip and obtain the collecting driver’s signature. Incomplete Returns Slips will delay processing and may be returned to customers for completion.

Returns in Response to a Manufacturer’s Recall

  • Recall arrangements for a medicinal product are dictated by the product licence holder. Returned goods will be accepted only in accordance with the specific instructions relating to each recall.
  • Goods must be packed separately, clearly identified as a product recall, and accompanied by a separate Returns Note showing the Batch Number where appropriate.
  • Credit will be issued only as authorised and specified by the company.

Returns where the products or packages are alleged to have been faulty, damaged or tampered with prior to delivery by Equine Medical Solutions Ltd.

  • Details of the fault or damage should be notified to the company as soon as possible. This does not preclude a customer from dealing directly with a company on grounds of patient safety.
  • Goods must be packed separately and accompanied by a separate Returns Note.
  • Where the fault proven to be is the companies’ responsibility, credit will be given as authorised and specified by them.

Where the goods conform to a pre-arranged ‘sale or return’ scheme

  • Goods must be packed separately and accompanied by a separate Returns Note.
  • Credit will be given in accordance with the terms of the pre-arranged scheme.

Where the Company agrees to accept the return of goods not covered by any of the criteria listed in clauses above.

  • Other than cold store products and subject to clause 3-2 (b), products may be accepted for credit up to 8 weeks from date of purchase. These must be accompanied by the Returns Slip.
  • Date Expired Goods will not be accepted for credit.
  • Goods returned under this category may be subject to a handling charge.
Goods returned to stock.
Goods returned by customers for any of the above reasons will only be considered for credit if;

  • It is known that they have been stored in accordance with the manufacturers recommendations and to which a signed statement to that effect may be required.
  • They have been assessed and accepted by a person authorised by the Company so to do. The assessment will take into account the nature of the product, any special storage conditions required and the time elapsed since the goods were supplied.

Special Orders

  • These products will not be accepted for return or credit unless supplied as a result of a Company error. In such cases, the product must be returned within 7 working days of receipt.

Packaging

  • All returned goods must be securely packaged to prevent damage during the return journey.

5. Price of Goods

  • Goods will be invoiced at the prevailing price as at the date of order by the customer.
  • The price of goods and materials shall be subject to alteration by the Company without prior notice to the customer.
  • The price is exclusive of any Value Added Tax or other statutory tax which the customer shall be additionally liable to pay to the Company.

6. Terms of Payment

  • No goods will be despatched by the company without full payment (including any taxes due) except in exceptional circumstances as agreed by the company.
  • The customer shall pay the full amount of the invoice plus any statutory taxes and packing and delivery charges in advance of the dispatch.
  • The customer shall be informed of the cost in advance of dispatch unless prior arrangements have been made.

7. Delivery

  • Any dates quoted for delivery of the goods are to be treated as estimates only and the Company shall not be liable for any loss, injury, damage or expense arising from delay in delivery of the goods however caused.

8. Bar Codes and Other Identifications Applied by the Company to Paperwork

  • The Company uses all reasonable skill and care in providing relevant information and accepts no liability for any inaccurate or incomplete information provided by the customer.
  • The customer should use their own expertise to ensure that the information provided by to the company is correct at the time of the sale.

9. Liability

  • Goods are sold on the understanding that the customer is solely responsible for determining the suitability of the goods for the purposes for which the customer intends to use them.
  • Accordingly, the Company’s liability for any loss or damage suffered by the customer and arising by defects in the goods, shall be limited to the invoice price of the goods in respect of, or in relation to, which loss or damages are claimed.
  • The Company will not accept under any circumstances liability for consequential loss, damage or loss of profits arising from the use of the goods, service, information and advice.

10. Title and Risk

  • Unless otherwise agreed in writing between the parties prior to delivery, the title to the goods shall not be transferred to the customer until the full purchase price has been paid to the Company.
  • The risk of loss or damage to the goods shall pass to the customer on the date that the goods are received and accepted by the customer.

11. Force Majeure

  • The Company shall not be liable to the customer or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of the Company’s obligations in relation to the Goods, if the delay or failure was due to any cause beyond the Company’s reasonable control.
  • Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond the Company’s reasonable control:
    1. Act of God, explosion, flood, tempest, fire or accident;
    2. Strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of the Company or third parties);
    3. War or threat of war, sabotage, acts of terrorism, insurrection, civil disturbance or requisition;
    4. Import or export regulations or embargos;
    5. Difficulties in obtaining raw materials, labour, fuel, parts or machinery;
    6. Power failure or breakdown in machinery.

12. Insolvency

This clause applies if:

  1. The customer makes any voluntary arrangement with its creditors or becomes subject to an administration order or (being an individual or firm) becomes bankrupt or (being a company) goes into liquidation (otherwise than for the purpose of a solvent amalgamation or reconstruction);
  2. An encumbrancer takes possession, or a receiver is appointed, over any of the property or assets of the customer;
  3. The customer ceases, or threatens to cease, to carry on business; or the Company reasonably apprehends that any of the events mentioned above is about to occur in relation to the customer and notifies the customer accordingly.
    • If this clause applies then, without prejudice to any other right or remedy available to the Company, the Company shall be entitled to cancel the Contract or suspend any further deliveries under the Contract without liability to the customer.
    • If the Goods have been delivered but not paid for, the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.

13. Indemnity

The customer agrees to indemnify the Company against all loss, damage, costs, legal costs and professional and other expenses of any nature whatsoever incurred or suffered by the Company or by a third party as a result of the use of the Goods, the breach of any legislation relating to the possession, storage, supply or use of the Goods or as a result of any breach of the Contract by the customer.

14. Jurisdiction

These conditions shall be construed in accordance with and governed by Scots Law or English Law. Each of the parties irrevocably submits for all purposes in connection with the Conditions to the exclusive jurisdiction of the Courts of England and Scotland.

15. Data Protection

  • We will not supply details of your veterinary practice’s purchases of veterinary products to veterinary products manufacturers.
  • The company shall keep a record of the customer’s sales and usage of goods supplied.
  • Case records for every case presented to the Company for assessment shall be kept in a confidential manner with password protection.
  • These data will be available for the customer to view by mutual arrangement.
  • Data held by the company may be used for publication purposes relating to scientific evidence but in such circumstances all data will be strictly anonymised.

These data remain strictly confidential and are not used for any purpose other than stated above. Unless to do so by law, we will not otherwise share, sell or distribute any of this information without your specific consent.

16. General complaints

  • Complaints and queries of a more general nature should be lodged in writing (or by email) with the Company as soon as practicable. For its part the Company will endeavour to address the problems as soon as it is possible to do so.

17. Terms and Conditions

The Company reserves the right to change these terms and conditions of trading without notice, subject only to subsequent notification within a reasonable time period.
Last edited 07 September 2016

© 2016 – Equine Medical Solutions Ltd
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