1.1 All goods will be invoiced at prices ruling at the date of dispatch unless previously agreed in writing.
1.2 All prices are subject to change without prior notice.
1.3 Quoted prices are valid for a period of 30 days from the date of quotation. Orders based on any given quotation that are received beyond the valid date may not be accepted at the price quoted. You will be contacted if an order is not accepted.
1.4 All prices are net of any discount.
1.5 List prices are exclusive of VAT, carriage, insurance and packing.
1.6 VAT will be levied on all items at the appropriate rate and shown separately on the invoice.
1.7 VAT exemption claims should be made with a supporting certificate at the time of order.
1.8 Certain goods are manufactured in mainland Europe and the USA. If the official rate of exchange differs by more than 2% from the quoted rate at the date of invoice an appropriate surcharge may be added to the invoice.
2 PAYMENT AND TERMS
2.1 Payment is due strictly 28 days from the date of invoice (unless otherwise agreed in writing)
2.2 We accept payment by BACS, cheque or credit card. Cheques should be crossed ‘a/c payee’ and made payable to Prospect Diagnostics Ltd. Please include your customer account number and invoice number on the back and send your cheque to Prospect Diagnostics Ltd registered address.
2.3 You can instruct your bank to make a payment to us each time we send you an invoice. Our BACS details are as follows: National Westminster Bank Plc, 1 St Paul’s Place, 121 Norfolk Street, Sheffield, S1 2JF, Sort code: 56-00-09, Account Name: Prospect Diagnostics Limited, Account Number: 22241183.
2.4 Remittance advices can be sent by post, by email to payments@prospectDiagnosticss.co.uk, or by fax to 01246 292966.
2..5 For non account holders proforma invoices may be issued and goods delivered on receipt of cleared funds by accepted payment methods above.
2.6 Prospect Diagnostics Ltd reserves the right to request at any time that a customer be put onto a proforma basis.
2.7 Unless otherwise agreed by Prospect Diagnostics Ltd in writing the price for the goods shall be the price set in Prospect Diagnostics Ltd price list as at the date of despatch of the goods.
2.8 All accounts are invoiced and payable in GBP (pound sterling).
2.9 The Buyer shall notify Prospect Diagnostics Ltd of any invoice discrepancy within 14 days of receipt of the invoice after which time the invoice shall be deemed accepted by the buyer.
2.10 Prospect Diagnostics Ltd reserves the right to withhold delivery of subsequent orders when the payment is overdue or if Prospect Diagnostics Ltd has doubts concerning the creditworthiness of the Buyer.
2.11 Prospect Diagnostics Ltd reserves the right to charge interest pursuant to the Late Payment of Commercial Debts (Interest) Act 1998 (as supplemented, amended or replaced from time to time) on any sums remaining unpaid after the due date. Interest shall be calculated on a daily basis on all overdue amounts (both before and after judgment), at the rate of eight per cent (8%) per annum above the official dealing rate prevailing from time to time, until actual payment is made in full.
3 ORDER PROCESS
3.1 Orders are accepted by post, telephone, fax or e-mail to firstname.lastname@example.org.
3.2 Prospect Diagnostics Ltd does not accept responsibility for orders where the customer has ordered an incorrect item.
3.3 Telephone orders must be confirmed in writing upon request. Please quote purchase order numbers where possible.
3.4 Notification of a cancelled order shall only be valid when given in writing and confirmed by Prospect Diagnostics Ltd and in any event will be subject to cancellation/restocking charge of 25% and consequential carriage and documentation charges.
4 TITLE OF GOODS
4.1 All risk in the goods shall pass to the buyer upon receipt but the beneficial title of goods does not pass to the purchaser until payment in full for the goods has been received and cleared through Prospect Diagnostics Ltd bank account.
4.2 The buyer shall store the goods at its premises in accordance with Applicable Law and in conditions which adequately protect and preserve the Goods.
5 DELIVERY AND NON DELIVERY
5.1 Goods should not be returned without prior authorisation.
5.2 All claims for damaged goods or shortages should be made in writing within 7 working days of receipt of the goods allowing us to make a contingent claim on our carriers.
5.3 Shortages (number of parcels) should be signed for as such and notification given to us within 7 working days. Claims after this period may not be accepted.
5.4 The liability for shortage, failure or defect of the goods supplied shall be limited to the cost of making good any such shortage, failure or defect. We will not accept any liability for consequential losses.
5.5 Prospect Diagnostics Ltd cannot accept returns of refrigerated items ordered unless agreed in advance and can only accept the return of unopened, unmarked products in a pristine saleable condition.
5.6 Delivery to be in accordance with instructions but no liability will be accepted for loss through delays howsoever caused.
5.7 Goods may be delivered in installments if out of stock at the point of invoicing.
5.8 Any order received on a Friday that requires temperature control will be dispatched the following Monday (or in the case of a bank holiday on Tuesday). In the event the buyer requires a weekend delivery, the Buyer shall be solely responsible for receipt and shall be liable for any degradation of the Goods in the event that the goods cannot be delivered.
6 CARRIAGE AND HANDLING CHARGES
6.1 Orders shall be subject to a carriage, insurance and packing charge. Prospect Diagnostics Ltd reserves the right to make additional charges for deliveries requiring special and urgent delivery and deliveries outside the United Kingdom of Great Britain and Northern Ireland.
7 PRODUCT SAFETY AND RECALL
7.1 The customer shall keep the company properly informed of all customer complaints concerning the goods and shall comply with any directions of Prospect Diagnostics Ltd in any such issues, proceedings or negotiations relating to such complaint.
7.2 In the unlikely event of a recall the Buyer agrees to cooperate with Prospect Diagnostics Ltd in taking all necessary steps to remove the relevant product from the market place in a timely manner.
8 EXTERNAL QUALITY ASSESSMENT SCHEME
8.1 Please refer to our EQAS terms and conditions for further details.
9.1 If a dispute should arise, all matters concerning the contract are to be construed according to English Law. If goods are subject to any dispute or have been tendered for or delivered but not paid for in full, Prospect Diagnostics Ltd may require the dispute to be referred to arbitration. The arbitration body/person should be mutually agreed upon, or failing such agreement at the request of Prospect Diagnostics Ltd a body/person will be appointed by the Chartered Institute of Arbitrators and such appointment should be made within 14 days of both parties being aware of the dispute.
10 BREACH OF CONTRACT OR INSOLVENCY
10.1 Prospect Diagnostics Ltd may immediately cancel any outstanding delivery of goods, stop any goods in transit or reserve the right to collect any goods that have already
been delivered if;
10.1.1 the buyer enters into bankruptcy, individual voluntary arrangement, liquidation, receivership, administration or into a corporate voluntary arrangement as defined by the Insolvency Act 1986;
10.1.2 the buyer ceases, or threatens to cease to carry on business; or
10.1.3 any sum payable under the Contract is not paid within seven days of its due date for payment in accordance with this contract; or
10.1.4 Prospect Diagnostics Ltd reasonably believes that any of the events specified in Condition 10.1.1 above is about to occur in relation to the buyer.
10.1.5 Notwithstanding any such termination or suspension in accordance with Condition 10.1 the buyer shall pay Prospect Diagnostics Ltd for all goods delivered up to and including the date of suspension or termination.
11 ACTS OF GOD
11.1 All quotations, products supplied and contracts entered into are free of all liability that may be caused by circumstances beyond the control of Prospect Diagnostics Ltd, including Acts of God, Fire, Government control, Accident, Strikes, Lock outs and other similar circumstances.
12 DATA PROTECTION