Disclaimer
This site is a source of general information and products only. The Company strongly recommends that before undertaking any form of self-treatment you seek professional advice. None of the content of this site or products or any other service provided through this site should be relied upon as an alternative to professional medical diagnoses or professional medical treatment. The Company accepts no responsibility whatsoever for any injury or loss arising as a result of reliance on any of the content of this site, of the mis-use of any product, or failure by anyone to have any injury correctly diagnosed.
Except as provided in these conditions, the Company gives no assurances, guarantees, conditions or warranties (express of implied whether by law or otherwise) of any kind whatsoever as to the benefits to be gained by using this site or the products or otherwise. Use of this site is at your own risk.
Any typographical, clerical or other error or omission in any content of this site shall be subject to correction without any liability on the part of the Company.
Loss/Consequential/Indirect Loss
Except as provided in these conditions, under no circumstances will the Company or anyone else mentioned on this site be liable whether under contract, misrepresentation, mis-statement, any tortious act or omission including negligence or otherwise, for any loss or damage whatsoever including indirect, special or consequential loss or damage (including loss of profit, business contracts, revenues or damage to your reputation or goodwill) which arise out of or in connection with the use of this site or the products or the services provided through this site.
Links
This site may provide links to other sites for your convenience only but this does not mean that the Company endorses those other sites. The Company shall not be liable in any manner whatsoever for the content of those other sites which are accessed at your own risk. The Company makes no representations, assurances or warranties (express or implied whether by law or otherwise) about the accuracy, completeness or reliability of any information held or products or services sold on any third party site to which you are linked. The Company may refuse to allow other parties to provide a hyperlink to any part of this site.
Indemnity
By using this site you agree and undertake to indemnify and keep indemnified the Company, its directors, officers, employees, agents, suppliers and licensors ("Us") from and against all damages, losses, claims, demands and expenses, costs and liabilities which any of Us may at any time properly and reasonably incur as the result of your use of this site, the content or any of the products or services in any incorrect manner or which is otherwise prohibited by these conditions or by the products instructions.
Terms and Conditions
By using this site you agree to the following terms and conditions of sale:
1 GENERAL
1.1 These conditions shall be deemed to be incorporated into every
contract entered into by the Company to sell goods and shall not
withstanding any statement to [he contrary contained in any of
the Buyers
communications prevail over any conflicting or inconsistent terms
and
conditions contained in any order, telex, letter, form of contract
sent by the
buyer to the Company or any other communication between the Buyer and
the Company whatsoever and whatever their respective dates unless or to
the extent that any variation of these conditions shall be expressly
agreed in
writing and signed by uric of the Company's directors.
1.2 Any reference in these conditions to any Provisions of statute
shall
be construed as a reference to that provision as amended, re-enacted
or
extended at the relevant time.
1.3 The headings in these conditions are for convenience only and
shall
not affect their interpretation.
1.4 A quotation by the Company does not constitute an otter and
the
Company reserves the right to withdraw or revise the same prior
to the
Company's acceptance of the Buyer's order by the issue of
acknowledgement of order.
1.5 The Company reserves the right to make any changes in the
specification of the Goods which are required to conform with any
applicable or statutory requirement which dons not materially affect
their
quality or substantially change their appearance.
1.6 Whilst the provisions, of these terms are considered by the parties to
be reasonable in all the circumstances it is agreed that if any
provision shall
be judged to be beyond what is reasonable in all the circumstances for the
protection of the Company's interests but would be adjudged reasonable
if
parts of the wording hereof were deleted the said provisions shall
apply with
such words deleted.
2. PRICES
2.1 Subject to the provisions of this condition the price for the Goods
shall be as stated in the invoice.
2.2 Unless stated to the contrary all prices quoted are inclusive of VAT
and exclusive of the cost of normal delivery and insurance to the point of delivery.
2.3 In addition to the quoted price the Buyer shall pay forthwith against
the invoice the Company's reasonable charges for any unusual delivery
arrangements or special packaging arrangements made at the Buyer's
request.
3. DELIVERY
3.1 Any delivery dates given are in good faith but unless expressly stated
to be guaranteed are given for guidance only and no stipulation as to time
or period of delivery shall be of the essence of any contract.
The
Company's only obligation shall be to deliver within a reasonable
time
taking into account the time the Company received all necessary
information including delivery instructions to enable the Company to deliver
the Goods.
3.2 The Company shall not under any circumstances be liable to
compensate the Buyer for any indirect or consequential loss whatsoever
(including but not limited to loss of profit or liability
to third parties) arising by
reason of the Company's failure to deliver the Coeds after or within the time
period stipulated by the Buyer or that notified by the Company
to the buyer
or within a reasonable time and whether or not such failure results from the
Company's negligence.
3.3 Where the Goods are to be delivered in installments, each delivery
shall constitute a separate contract and failure by the Company
to deliver
any one or more of the installments in accordance with these conditions or
any claim by the Buyer in respect of any one or more installment shall not
entitle the Buyer to treat the contract as a whole to be repudiated.
3.4 If the Company fails to deliver the Goods for any reason other than
any cause beyond of the Company's reasonable control or the Buyer's fault
and the Company is accordingly liable to the buyer. the Company's
liability
shall be limited to the excess' (if any) of the costs to the Buyer (in the
cheapest market available) of similar Goods to replace those not delivered
over the price of he Goods.
3.5 It the buyer tails to take delivery of the Goods or fails to give the
Company adequate delivery instructions at the time stated for delivery
(otherwise than by reason of any cause beyond the buyer’s reasonable
control or by reason of the Company's fault) then. without prejudice to any
other righter remedy available to the Company. the Company may
sell the
Goods at the best price readily obtainable and (after deducting
all
reasonable storage and setting expensed charge the Buyer for the
storage
if any) between the sale price and the price under the contract.
4. PAYMENT
4.1 The Company shall be entitled to invoice the Buyer for the price of
the Goods (or any installment) when delivery is tendered or if
the Goods are
to be collected by the Buyer on notification that the Goods are
ready for
collection. Payment shall then become due unless credit terms are
stated
in the invoice in which case payment shall he made according to
such
terms.
4.2 All periods of credit shall nevertheless cease and the whole of the
amounts invoiced and all other amounts due under any contract between
the Company and the Buyer shall become immediately due and payable
if
any of the events mentioned in clause 6.4 arise.
4.3 Time of payment shall be of the essence of every contract.
4.4 The Company shall be entitled to charge interest at the rate of 2%
per month on all overdue amounts (the full some of such monthly
interest
accruing upon the first day overdue) until actual payment in full
irrespective
of whether payment has been formally demanded or judgment entered. All
legal cost charges and expenses incurred by the Company in receiving
any
debt shall be paid by the Customer on a full indemnity basis.
5. RISK
5.1 The risk in the Goods shall pass to the
Buyer:-
5.1.1 in the case of Goods to be delivered at the Company's
premises at
the time the Company notifies the buyer that the Goods are available
for
collection;
5.1.2 in the case of Goods to be delivered elsewhere at the time of
deli very or if the Buyer wrongfully fails to take delivery of
the Goods at the
time when the Company has tendered delivery of the Goods.
6. RETENTION OF TITLE
6.1 Subject to the power given to the Buyer
by his condition, sole and
absolute ownership in the Goods shall remain vested in the Company
until
all amounts relating to Goods supplied by the Company to the Buyer
under
this or any other contract have been paid in full and the Company
retains
the right of disposal of the Goods until ownership passes under
this
condition.
6.2 Subject to condition 6.4 the Buyer may at
any time after delivery use
or sell the Goods in the ordinary course of business even though
the
amount invoiced for the Goods has not been paid in full.
6.3 Until ownership of the Goods passes to the
Buyer it shall hold them
as bailee in a fiduciary capacity to the Company. and:-
6.3.1 shall store the Goods in a manner which makes them
readily
identifiable as the Company's: and
6.3.2 shall upon request, promptly inform the Company of
the location of
the Goods.
6.4 In the event of the buyer defaulting in
payment of any amount due
for the Goods for seven days (whether or not any agreed credit
period has
expired) or if the Buyer ceases or threatens to cease to carry
on trading or
passes or calls a meeting to pass a resolution for winding up
or if a receiver
is appointed of any of the Buyers assets or if a winding up petition is
presented, then the Buyer shall forthwith cease to use or otherwise
dispose
of the Goods not then used, disposed of or sold and shall upon
demand
forthwith deliver up to the Company any of the Company's Goods
in the
Buyer's possession or under its control.
6.5 On making such a demand as in clause 6.4
the Company shall be
entitled without incurring any liability to the Buyer to enter
the Buyer's
premises or any other premises where the Company's Goods are located
to
inspect the Buyer's stocks and to remove or resell such of the Company's
Goods as are to be found there. The Buyers liability to the company
in
respect of the Goods so removed shall he limited to the amount
of any
costs or expenses incurred in such removal re-sale.
6.6 Nothing in this condition shall give the
Buyer the right to return the
Goods without the Company’s consent.
7. TERMINATION AND SUSPENSION
7.1 Where the Company is unable to supply or deliver the Goods by its
normal route or means of delivery owing to any of the following:-
7.1.1 the Buyers failure to supply any necessary ,information: or
7.1.2 any other reason beyond the Company's reasonable control
including (without prejudice to the generality of the foregoing expression)
shortages or unavailability from normal sources or routes of supply of raw
materials. breakdown of plant, reduction or unavailability of power at the
manufacturing plant, strikes, lock-outs, act of Government, fire, flood.
Queen's enemies, explosion lightning, aircraft civil commotion, acts of war,
malicious mischief or theft- Then the Company shall have the right on
giving written notice to the Buyer and without incurring any liability to him to
suspend further performance of this contract for a period (not exceeding 3
months) equal to the continuance of any such impediment preventing the
Company from performing its obligations.
7.2 Al the end of any period of suspension without performance of the
contract under clause 7.1.1 toe Company may terminate this contract by
notice in writing to the Buyer or under clause 7.1.2 either party may
terminate this contract by notice in writing to the other
7.3 In the event that-
7.3 1 the Buyer is in arrears making any payment to the Company under
any contract: or
7.3.2 the Buyer’s stated credit limit with the Company has been reached:
or
7.3.3 the Company believes on reasonable grounds that any payment
(whether or not any agreed limit has expired) will not be met by the Buyer
when due; or
7.3.4 any of the events described in clause 6.4 occur
Then the Company may suspend further work and/or deliveries under any
contract with the Buyer and require immediate payment of all amounts then
due to the Company and further payment in advance before making any
further deliveries under any contract (notwithstanding agreed credit terms)
without prejudice to any claim for damages it may have against the Buyer
and without incurring any liability to the Buyer for failure to deliver
7 4 When a contract is terminated or suspended under this condition
then:-
7,4.1 the Company shall be entitled to charge the Buyer with any costs
and charges arising from any such termination or suspension:
7 4.2 the Buyer shall forthwith pay for and where appropriate take delivery
of all Goods appropriated by the Company to the contract up to the date of
any such termination or suspension.
7.5 Aped front the right conferred on the Buyer by clause 7.2 the Buyer
shall have no right to suspend or postpone performance or terminate any
contract for any reason other than the Company's repudiation of it.
B. INSPECTION AND CLAIMS
8.1 The Buyer shall procure that a thorough inspection of the Goods is
made immediately upon delivery and in arty event before they are resold or
otherwise dealt with by or on behalf of the Buyer.
8.2 Claims in respect of defects or errors in quality or description or
quantity reasonably discovered on such an inspection shall be made within
24 hours of delivery by fax backed up by hard copy written notice in the
post and in the absence of such claim the Goods shall be deemed to have
been delivered and accepted by the Buyer complete and satisfactorily
unless the Buyer proves that:-
8.2.1 it was not possible to comply with these requirements: and
6.2.2 advice (where required) was given and the claim made as soon as
reasonably possible.
8.3 II is the Buyers entire responsibility to satisfy himself that the Goods
are suitable for the purposes and/or conditions for which they are required.
9. WARRANTIES
9.1 Subject to the provisions of clause 0.3 the Company warrants that
the Goods will correspond as to quality and description with the Company's
own specification and will be fit for the purposes and condition of use for
which goods of that description are generally sold by the Company.
9.2 Except as expressly provided in these conditions, there is no
representation, condition, warranty or term (whether in each case express,
implied, statutory or otherwise) as to the description or fitness for any
purpose of the Goods or their correspondence in quality with any sample or
description.
9.3 Any materials or goods supplied by the Company which are
produced by cortisone other then the Company are warranted only to the
extent of the original suppliers warranty
10. LIABILITY
10.1 Where the Goods are alleged to be defective the Buyer shall notify
the Company pursuant to the provisions of clause B above and whore
possible shall afford the Company the opportunity of examining before they
are resold or otherwise dealt with and further:-
10.1.1 the Buyer shall give the Company a reasonable opportunity of
correcting any remedial detects or errors at the Company's own cost; and
101.2 the Buyer shall at the Company's request and coat return them to the
Company on the basis that the Company will thereafter reimburse the Buyer
the cost of such return provided that it is reasonable: and
10.1.3 it the Buyer agrees an allowance with the Company in respect of
such matters then such allowance shall be accepted by the Buyer in full and
final settlement of all claims in respect of any such matters.
10.2 The Company's liability (if any) to the Buyer in respect of the Goods
shall in all ~circumstances be limited at tile Company’s option either to give a
rotund of the amount paid by the Buyer to the 2-ornpany, or a reasonable
credit or allowance for those of the Goods proved to be defective or
replacing them at the agreed point of delivery.
10.3 Except in respect of death or personal injury caused by the
Company s negligence or as provided in these tent's and conditions the
Company shall not under any circumstances be liable in contract or an part
to the Buyer and in particular shall not be liable to compensate the Buyer
for any indirect or consequential loss whatsoever (including but not limited
to loss of profit or liability to third parties).
10.4 In all cases it shall be the responsibility of the Buyer to properly
Store, handle arid generally deal with the Goods following delivery. The
Company does not accept any liability in respect of any defects iii the
Goods arising as a result of the Buyers negligence or mishandling or in
cases where there is physical evidence of damage to the packaging.
11. SET OFF
11.1 The Buyer shall not be entitled to set-oft any claim against payment
of any amounts owing to the Company.
12. WAIVER
12.1 Any concession, latitude or waiver allowed by either party to the
other at any time shall not prevent such party from subsequently exercising
its full right under this contract in other respects.
13. JURISDICTION
13.1 The validity, construction and performance of these conditions any
contract between the Company and the Buyer shall be subject to and
construed in accordance with English Law and the Buyer shall submit to the
exclusive jurisdiction of the English Courts and specifically to the jurisdiction
of the County or High Court (as may be appropriate) nearest to the
Company’s premises.
14 INTERFERENCE
14. The Buyer shall not alter, obscure remove, conceal or otherwise
interfere with any markings or other identification or source or origin placed
by the Company on the Goods or on their labeling or packaging.
15 THIRD PARTY RIGHTS
15.1 It the Buyer uses or sells the Goods in such a manner as to incur
liability to any third party then such liability shall be the sole responsibility of
the Buyer which shall indemnify the Company from and against such
liability.
15.2 The Buyer shall not make any representations, warranties or
guarantees with reference to Goods supplied by the Company except such
as are consistent with these condition>
Privacy Policy
This Privacy Policy governs the manner in which Medistox Limited collects, uses, maintains and discloses information collected from users of this Web site (each, a "User").Privacy
Users’ privacy is very important to Medistox Limited. Medistox Limited is committed to safeguarding the information Users entrust to Medistox Limited. This Web site is not directed at children under 13 years of age.
The Information We Collect
Medistox Limited may collect personally identifiable information from Users in a variety of ways, including through online forms for ordering products and services, and other instances where Users are invited to volunteer such information. Medistox Limited may also collect information about how Users use our Web site, for example, by tracking the number of unique views received by the pages of the Web site or the domains from which Users originate. We may use "cookies" to track how Users use our Web site. A cookie is a piece of software that a Web server can store on the Users’ PC and use to identify the User should they visit the Web site again. While not all of the information that we collect from Users is personally identifiable, it may be associated with personally identifiable information that Users provide us through our Web site.
How We Use Information
Technology in Motion may use personally identifiable information collected through our Web site to contact Users regarding products and services offered by Technology in Motion and its trusted affiliates, independent contractors and business partners, and otherwise to enhance Users’ experience with Technology in Motion and such affiliates, independent contractors and business partners. Technology in Motion may also use information collected through our Web site for research regarding the effectiveness of the Web site and the marketing, advertising and sales efforts of Technology in Motion, its trusted affiliates, independent contractors and business partners.
Disclosure of Information
Technology in Motion may disclose information collected from Users to trusted affiliates, independent contractors and business partners who will use the information for the purposes outlined above. We may also disclose aggregate, anonymous data based on information collected from Users to investors and potential partners. Finally, we may transfer information collected from Users in connection with a sale of Technology in Motion’s business.
Maintenance of Information
Information about Users that is maintained on our systems is protected using industry standard security measures. However, we cannot guarantee that the information submitted to, maintained on, or transmitted from our systems will be completely secure.
Questions
Users may direct questions concerning this Privacy Policy by contacting us here.
Users may elect not to receive solicitations from Technology in Motion or from trusted affiliates, independent contractors and business partners by contacting us here.
