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TERMS AND CONDITIONS

1 CONTRACT
1.1 In these terms and conditions of business “the Supplier” shall mean Point Of Care Testing Ltd.  "the Customer" shall mean bona fide business purchaser. "the Supplier" does not supply products to members of the public.
1.2 All quotations and tenders are given and contracts are made by the Supplier subject to and upon these terms and conditions which shall not be varied unless previously agreed in writing by the Supplier and these terms and conditions shall prevail over any terms and conditions of the Customer. No oral statement or representation made by or on behalf of the Supplier shall form part of these terms and conditions.
1.3 Tenders and quotations may be withdrawn or varied by the Supplier at any time and unless otherwise specified shall be withdrawn automatically after thirty days. No binding contract shall in any case arise until the date of the acknowledgement of the Customer’s order by the Supplier in writing (“the contract date “) or receipt by the Supplier of payment in full by the Customer whichever is the earlier.
1.4  It is a condition of sale that the customer is responsible for the collection, recycling, treatment and recovery of products sold by the supplier to the customer and for the associated costs.

2 ILLUSTRATIONS Any descriptive material or other information contained in the Supplier’s brochures, advertising material, web site or elsewhere shall not form part of the contract but shall be treated as approximate only. The Supplier may at its discretion from time to time vary the design of its advertised goods without notice to the Customer provided that any such variations do not constitute material alterations to the goods.

3 DELIVERY
3.1 Delivery and insurance charges will be added to the contract price of the goods and shall be payable at the same time and upon the same terms as the contract price of the goods. Delivery and insurance charges will be notified to the Customer on or after the contract date.
3.2 The estimated time for dispatch or delivery cannot be guaranteed by the Supplier and shall be extended by a reasonable period if delay in dispatch or delivery is caused by industrial dispute or by any other cause beyond the Supplier’s reasonable control. Goods shall be at the Customer’s risk from the moment of delivery.
3.3 If by reason of instructions or lack of instructions from the Customer the dispatch of any goods in accordance with the contract is delayed for twenty eight days after the Supplier has given notice in writing to the Customer that the said goods are ready for dispatch, the said goods shall be deemed to have been delivered in accordance with the contract and thereafter the goods shall be deemed to be at the risk of the Customer. The Customer shall pay to the Supplier the reasonable costs of storing, protecting and preserving such goods after the expiry, including appropriate refrigeration and temperature control at specified temperatures plus the costs of transport.

4 LOSS OR DAMAGE IN TRANSIT
4.1 If the goods have not been received within ten days (or in the case of deliveries to islands offshore mainland Britain or to Northern Ireland fifteen days) from the date of any invoice sent to the Customer by the Supplier or within seventy –two hours of any specific delivery date notified to the Customer by the Supplier or if they have been received but appear to be in a damaged condition then the Customer shall give notice to the Supplier within two days by telephone followed by a letter of confirmation. Where goods have been damaged in transit and the damage is not immediately apparent on delivery the Customer shall give notice as aforesaid followed by letter of confirmation to the Supplier within three days from the date of delivery. If any such notice is not so given the Supplier shall not be liable to the Customer in respect of any loss or damage suffered by reason of non-delivery or damage which is apparent upon inspection. In the case of goods delivered to the order of the Customer the Customer shall remain responsible for complying with the provisions of this sub-clause.
4.2 If the contract provides for delivery by installments delay in delivery or non-delivery of any installment shall not entitle the Customer to treat the contract as at an end nor to reject any other installment.

5 PRICE AND PAYMENT
5.1 Unless otherwise agreed in writing between the Supplier and the Customer, payment for the goods shall be made not later than thirty days from the date of the relevant invoice relating to the goods ("the due date’’)
5.2 The contract price of the goods shall be the price shown in the Supplier’s current price list or as may be specifically quoted by the Supplier plus VAT at the appropriate rate prevailing upon the invoice date provided that payment in full for the goods is made by the due date. VAT is always applicable unless a valid VAT exemption certificate is provided to the supplier. If payment is not made by the due date then any price increase made by the Supplier since the date of the invoice shall apply to this contract and shall become payable by the Customer.
5.3 In the case of the cancellation of a contract for goods manufactured to the Customer’s own specifications the Supplier shall be entitled to charge the Customer for all expenses incurred by the Supplier to the date of cancellation and any loss of profit in respect of such contract.
5.4 All payments shall be made in full without deduction in respect of any set-off or counterclaim. If payment of any sum payable to the Supplier is not made on or before the due date the Supplier shall be entitled to charge interest thereafter on such sum at the interest rate in force at the contract date as prescribed by order of the Lord Chancellor pursuant to S.44 of the Administration of Justice Act 1970 for judgment debts such interest deemed to accrue from day to day and being compounded on the last day of each calendar month.
5.5 The contract price shall become immediately due and payable notwithstanding any other terms for payment agreed under Clause 5.1 hereof upon the appointment of a Receiver of the customer’s business or upon the presentation of a Petition to wind up the customer.

6 RETENTION OF TITLE
6.1 Property in the goods shall remain in the Supplier until receipt by the Supplier of payment in full.
6.2 So long as property in the goods shall remain in the Supplier the goods shall be set aside from the Customer’s general stock of goods and other property and shall be marked with an indication that they remain the property of the Supplier.
6.3 If the Customer shall commit any breach of its obligations to the Supplier including, without limitation, failure to pay any sum due to the Supplier on or before the due date or upon the appointment of a receiver of the Customer’s business or upon the presentation of a petition to wind up the Customer, the Supplier shall have the right with or without prior notice at any time to retake possession of the whole or any part of the goods (and for that purpose to go on to any premises occupied by the Customer any subsidiary, parent or associated company of the Customer) which are the subject of any contract between the Supplier and the Customer (or any parent, subsidiary or associated company of the Customer) to the value of all sums due to the Supplier without prejudice to any other remedy of the Supplier.
6.4 The Customer shall be entitled to sell (as principal in relation to any sub-purchaser but as agent as between the Supplier and the Customer) in the ordinary course of its business goods supplied by the Supplier in respect of which payment has not been made provided that such sale is made for the account of the supplier and that the Customer holds any sum received or payable in respect of such sale in trust for the Supplier until payment of the total contract price of the goods and any other payments due to the Supplier from the Customer have been duly made.

7 GUARANTEE AND LIABILITY
7.1 The Supplier will make good, by repair or at its options by the supply of a replacement, defects which appear in such part or parts (if any) of the goods (excluding glass) which are of the Supplier’s own manufacture within the relevant warranty period and which arise solely from faulty design, materials or workmanship provided always that the Supplier shall have no liability for any such defects unless:
7.1i The Customer notifies the supplier of the alleged defect promptly in writing and, in the case of damage in transit, in accordance with the provisions of Clause 4 above; and
7.1ii The Customer at its own cost and risk shall return the defective part or parts to the Supplier within thirty days of the discovery of the alleged defect.
7.1iii The customer maintains, stores, protects and preserves the goods at specified temperatures under Refrigeration.
The warranty period for the purpose of this sub-clause 7.1iii shall mean in the case of all goods a period of 12 calendar months after the goods shall have been delivered excepting reagents for which the relevant date is specified ‘expiry date’.
7.2 The liability of the Supplier shall only apply to defects that appear under proper use and in particular shall not apply to defects which arise from the Customer’s neglect, misuse, or faulty maintenance of the goods, or from alterations carried out without the prior written consent of the Supplier or Manufacturer, or arising from normal wear and tear.
7.3 The Supplier reserves the right to charge at its standard rates relating to repair work from time to time for the costs of repair to and/or refurbishment of the goods where damage has resulted from misuse or incorrect installation of the goods by the Customer.
7.4 The Supplier’s liability under this clause shall be in lieu of any warranty or conditions implied by law as to the quality or fitness for any particular purpose of the goods and save as provided in this clause the Supplier shall not be under any liability, whether in contract, tort or otherwise, in respect of defects in the goods or any injury, damage or loss resulting from such defects or from any work done in connection therewith.
7.5 The Supplier shall not be liable in any circumstances whatsoever, whether in contract, tort or otherwise, for loss of anticipated profits or revenue from contracts or for any consequential loss or damage arising from any cause whatsoever.
7.6 In no event shall the Supplier’s liability exceed the contract price of the defective goods.
7.7 Any liability of the Supplier for loss or damage sustained by the Customer in using the goods shall be conditional upon the Customer or user having complied with all recommendations by the Supplier regarding the application, use and operation of the goods.
7.8 The Supplier shall not be liable for failing to perform the contract whether wholly or in part, if the failure is caused either wholly or in part by any circumstance or circumstance outside the Supplier’s reasonable control.
7.9 The Supplier shall not incur any liability whatsoever for any faults or defects in goods or parts not of its own manufacture and the Supplier shall use all reasonable endeavours to procure for the Customer the benefit of such guarantees, warranties or other rights as are conferred upon the Supplier in respect of faults or defects in goods or parts not of its own manufacture by the terms of the Supplier’s agreement with the suppliers of such goods or parts to the Supplier.
7.10 Unless otherwise specifically agreed, the goods shall not be required to comply with any direction, regulation or provision of any foreign law or governmental authority.

8 CANCELLATION The customer shall not be entitled to cancel the contract after the contract date except with the prior written consent of the Supplier in which event the Customer (subject to clause 5.3) shall pay to the Supplier by way of liquidated damages either twenty per cent of the invoice price of the goods, or the costs of carriage and insurance incurred by the Supplier, whichever is the greater.

9 RETURN OF GOODS In the event that the Customer seeks to return goods to the Supplier after delivery the Supplier reserves the right to charge a handling charge of twenty per cent of the sale price of such goods such price being invoiced and paid in accordance with these Terms of Business. The goods shall remain the property of the Supplier in such event but the risk shall be borne by the Customer. Goods may only be returned at the discretion and with the consent of the Supplier and strictly only if such goods have been stored as recommended by the Supplier and on condition that the Customer requests such return of goods within seven days of the Customer’s receipt by delivery. This clause is without prejudice to any agreement in writing, which the Supplier may make in respect of the return of goods otherwise.

10 WAIVER No forbearance or indulgence shown or granted by the Supplier to the Customer whether in respect of these Conditions or otherwise shall in any way affect or prejudice the rights of the Supplier against the Customer or be regarded as a waiver of any of these Conditions.

11 GOVERNING LAW This contract shall be governed by and construed in all respects in accordance with the laws of Scotland and the Customer hereby submits for all purposes of and in connection with this contract to the exclusive jurisdiction of the Scottish Courts.

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31 Dens Road
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Angus
DD11 1RS

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