1.1 In these\nConditions:<\/p>\n\n\n\n
“the\nCompany” or “us” means Integra NeuroSciences Limited (company\nnumber 02086419)<\/p>\n\n\n\n
“Buyer”\nor “you” means the person whose order is accepted by us;<\/p>\n\n\n\n
“Goods”\nmeans the goods which we agree to sell and you agree to purchase pursuant to\nany order.<\/p>\n\n\n\n
1.2 All\nquotations are made by us and all orders are accepted by us subject to the\nfollowing Conditions. If there is any conflict between these Conditions and the\nterms of your enquiry or order then these Conditions shall prevail. No variation of these Conditions shall be\nbinding unless agreed in writing by us.<\/p>\n\n\n\n
1.3 Written\nconfirmation of telephone orders placed by you must be clearly identified as\nsuch failing which you shall be responsible for any duplicate orders.<\/p>\n\n\n\n
1.4 The\nCompany’s employees are not authorised to make any representations concerning\nthe Goods unless confirmed by the Company in writing and we shall not be liable\nfor any representations which are not set out in full on your order at the time\nit is accepted by us.<\/p>\n\n\n\n
1.5 Any\ntypographical, clerical or other error or omission in any sales literature or\nany quotation, acceptance of offer, invoice or other document or information\nissued by us may be corrected by us without any liability to us.<\/p>\n\n\n\n
2.1 The\nquantity, quality, installation works, accessories and description of and any\nspecification for the Goods shall be as set out in our quotation (if accepted\nby you). <\/p>\n\n\n\n
2.2 All\nquotations issued by us shall be valid only for a period of 30 days from the\ndate of quotation. All quotations are\nissued by us and all orders are accepted by us subject to availability of the\nGoods. <\/p>\n\n\n\n
2.3 We have a\nminimum order policy, this should be confirmed with us when placing an order.<\/p>\n\n\n\n
2.4 We reserve\nthe right to make any changes in the specification of the Goods necessary to\nconform to any applicable statutory or EC requirements or which do not\nmaterially affect their quality or performance.<\/p>\n\n\n\n
2.5 No order\nwhich has been accepted by us may be cancelled or varied by you except with our\nagreement in writing and on terms that you re imburse us in full for all loss\n(including loss of profit), costs (including the cost of all labour and\nmaterials used), damages, charges and expenses incurred by us as a result of\ncancellation or variation.<\/p>\n\n\n\n
2.6 If:<\/p>\n\n\n\n
2.6.1\nyou make any voluntary arrangement with your creditors or (being an individual\nor firm) become bankrupt or (being a company) become subject to an\nadministration order or go into liquidation; or<\/p>\n\n\n\n
2.6.2 a\nreceiver is appointed, over any of your property or assets; or<\/p>\n\n\n\n
2.6.3\nyou cease, or threaten to cease, to carry on a business; and<\/p>\n\n\n\n
2.6.4\nwe reasonably believe that if any such event is about to occur then, without\nprejudice to any other right or remedy available to us we shall be entitled to\ncancel any order placed by you or suspend any further deliveries to you without\nany liability to us and if the Goods have been delivered but not paid for the\nprice shall become immediately due and payable notwithstanding any previous\nagreement or arrangement to the contrary.<\/p>\n\n\n\n
2.7 If you\nfail in your obligations to supply technical information and if you do not\ncorrect such breach within 14 days notice of such breach then we shall be\npermitted to suspend or cancel any order you may have with us.<\/p>\n\n\n\n
3.1 The price of the Goods shall be our quoted price and shall be FCA Seller’s premises (Incoterms 2010) unless otherwise stated.<\/p>\n\n\n\n
3.2 We reserve\nthe right, by giving notice to you at any time before delivery, to increase the\nprice of the Goods to reflect any increase in our costs due to any factor\nbeyond our control (such as, without limitation, any foreign exchange\nfluctuation, currency or regulation, alteration of duties) or any change in\ndelivery dates, quantities or specifications for the Goods which are requested\nby you and accepted by us or any delay in you accepting delivery.<\/p>\n\n\n\n
3.3 All prices\nquoted are exclusive of value-added tax or any other sales tax, which you shall\nbe additionally liable to pay to us.<\/p>\n\n\n\n
3.4 With\ncontracts, which include installation work, we reserve the right to charge for\nstanding time brought about by events outside our control.<\/p>\n\n\n\n
4.1 Payment of\nthe price is due 30 days from invoice date or as otherwise agreed by us in\nwriting. We shall be entitled to recover\nthe price, notwithstanding that delivery may not have taken place and the\nproperty in the Goods has not passed to you. The time of payment of the price\nshall be of the essence of the contract between us. <\/p>\n\n\n\n
4.2 If you\nfail to make any payment on the due date then, in addition to any other right\nor remedy available to us we may:<\/p>\n\n\n\n
4.2.1\nwithdraw and invoice you for any settlement discount;<\/p>\n\n\n\n
4.2.2\ndemand immediate payment of all invoices then outstanding <\/p>\n\n\n\n
4.2.3\ncancel the order or suspend any further deliveries to you;<\/p>\n\n\n\n
4.2.4\nappropriate any payment made by you to such of the Goods (or the Goods supplied\nunder any other order) as we may think fit; and<\/p>\n\n\n\n
4.2.5\ncharge interest (both before and after any judgement) on the amount unpaid, at\nthe current ECB rate plus 8% from time to time, until payment in full is made\n(a part of a month being treated as a full month for the purpose of calculating\ninterest) and claim payment of a fixed amount of \u00a340 as a compensation for\nrecovery costs.<\/p>\n\n\n\n
4.3 Any\nsamples submitted by us and not returned to our works within thirty days from\nthe date of the receipt shall forthwith be paid for by you at our prices ruling\nat the end of such thirty day period unless supplied on specifically stated\nsale or return terms<\/p>\n\n\n\n
5.1 Any dates\nquoted for delivery of the Goods are approximate only and we shall not be\nliable for any delay in delivery of the Goods however caused. Time for delivery\nshall not be of the essence of the contract between us. We may deliver the\nGoods in advance of the quoted delivery date upon giving reasonable notice to\nyou.<\/p>\n\n\n\n
5.2 Where the\nGoods are to be delivered in instalments, each delivery shall constitute a\nseparate contract and failure by us to deliver any one or more of the\ninstalments or any claim by you in respect of any one or more instalments shall\nnot entitle you to treat the remainder of the order or any other orders as\nrepudiated.<\/p>\n\n\n\n
5.3 If we fail\nto deliver the Goods (or any instalment) for any reason other than any cause\nbeyond our reasonable control or your fault, and we are liable to you, our\nliability shall be limited to the excess (if any) of the cost to you (in the\ncheapest available market) of similar goods to replace those not delivered\nabove the price of the Goods.<\/p>\n\n\n\n
5.4 If the\nprice included delivery we may deliver by any method. The carrier\u2019s condition of carriage shall\napply. Unless otherwise stated we shall\nnot be responsible for offloading<\/p>\n\n\n\n
5.5 If you\nfail to take delivery of the Goods or fail to give us adequate delivery\ninstructions at the time stated for delivery then, without prejudice to any\nother right or remedy available to us, we may store the Goods until actual\ndelivery and charge you for the reasonable costs (including insurance) of\nstorage.<\/p>\n\n\n\n
The title of Goods shall pass to the Buyer when the Goods are handed over to the carrier, however, the Company shall retain the risk of damage to or loss of the Goods during transit.<\/p>\n\n\n\n
7.1 Goods may not be returned without our prior agreement, when we shall supply you with an authorisation number. Goods returned must be consigned carriage paid and accompanied by a packing note stating our delivery note number. In some instances a re stocking or handling charge may be made to you.<\/p>\n\n\n\n
7.2 Sterile\nGoods must be returned in unopened, undamaged cartons, packed to prevent damage.\nNon sterile Goods must be returned in unused saleable condition.<\/p>\n\n\n\n
7.3 Custom or\nspecial order Goods will not be accepted for credit. Credit will be issued subject to the\nfollowing<\/p>\n\n\n\n
7.3.1\nGoods returned prior to 3 months from ship date will be charged a 20%\nrestocking charge<\/p>\n\n\n\n
7.3.2\nGoods returned between 3 \u2013 6 months of ship date will be charged 50% restocking\ncharge.<\/p>\n\n\n\n
7.3.3\nGoods will not be accepted for credit after 6 months.<\/p>\n\n\n\n
7.4 It is also\nessential that you notify both us and the carriers of all claims for damage or\nloss within three days from receipt of Goods or any suspicion or indication\nthat the Goods may have been lost in transit. \nFailure to do so within such three days will result in the claim not\nbeing recognised.<\/p>\n\n\n\n
8.1 All\nspecifications, drawings and particular weights and dimensions submitted with\nany quotations by us are approximate only and the descriptions and\nillustrations contained in our catalogues, price lists and advertisements are\nintended merely to present a general idea of the goods described therein and\nnone of the foregoing information shall form part of the Contract between us.<\/p>\n\n\n\n
8.2 All\nspecifications and drawings submitted by us shall remain our property and be\nreturned to us immediately on demand. They\nare submitted on the condition that they will not be copied or divulged to any\nthird party without our prior written consent and shall not be used against our\ninterests in any way.<\/p>\n\n\n\n
8.3 If we are\nworking to your plans, designs or specifications you shall hereby indemnify us\nagainst, which shall include but shall not be limited to damages, loss of\nprofits, costs, expenses, fines taxes, consequential and indirect losses and\nany other claims, whatsoever made against us for infringement, alleged infringement\nof third party rights therein including without limitation copyright and patent\nor design rights. We do not warrant that\nthe Goods do not infringe any such third party rights.<\/p>\n\n\n\n
9.1 The Goods\nare carefully inspected and where defined in manufacturing procedure are\nsubmitted to standard tests at our works prior to ex-works despatch.<\/p>\n\n\n\n
9.2 If tests\nother than those specified in our quotation or tests in the presence of you or\nyour representative are required at our works or on site, the direct costs of\nthese additional tasks may be recharged to you in addition to the Contract\nprice.<\/p>\n\n\n\n
9.3 In the\nevent of a delay on your part in attending any such test as set out in\nparagraph 9.2 after seven days notice from us, the test will proceed in your\nabsence. You shall be bound by the\nresults of such tests.<\/p>\n\n\n\n
10.1 If you\nrequire a repair to be carried out on your or a third party site then you must\nprovide access to such site within reasonable working hours on reasonable\nnotice and we shall have no liability to you whatsoever if such access to such\na site is not made available to us.<\/p>\n\n\n\n
10.2 In the case\nof any contract including installation you shall indemnify us and our servants\nand representatives against any loss or damage to person or property suffered\nby any one of them whatsoever at your or a third parties site arising out of\nany act of default by you or your servants, sub contractors or agents.<\/p>\n\n\n\n
11.1 All\nwarranties, conditions or terms implied by statute or common law and all duties\nat common law arising out of or in connection with the supply of the Goods or\ntheir use or resale by you are excluded to the fullest extent permitted by law.\nOur prices are determined on the basis of the limits of liability set out in\nthis condition. <\/p>\n\n\n\n
11.2 All Goods\nshall be inspected at the time of delivery and any claim by you which is based\non any defect in the quality or condition of the Goods or their failure to\ncorrespond with specification shall be notified by you at the time of delivery.\nIf you do not notify us accordingly, you shall not be entitled to reject the\nGoods and we shall have no liability for such defect or failure, and you shall\nbe bound to pay the price as if the Goods had been delivered in accordance with\nthe Contract. <\/p>\n\n\n\n
11.3 Where any\nvalid claim in respect of any of the Goods which is based on any defect in the\nquality or condition of the Goods or their failure to meet specification is\nnotified to us within 12 months of the delivery or installation of the Goods as\napplicable in accordance with these Conditions, we shall be entitled to replace\nthe Goods (or the part in question) free of charge or, at our sole discretion,\nrefund to you the price of the Goods (or a proportionate part of the price),\nbut we shall have no further liability to you. We may at our complete\ndiscretion extend the warranty period as agreed between us in writing.<\/p>\n\n\n\n
11.4 Except in\nrespect of death or personal injury caused by the negligence of the Company or\nits employees or agents, we shall not be liable to you by reason of any\nrepresentation (unless fraudulent), or any implied warranty, condition or other\nterm, or any duty at common law, or under the express terms of the contract\nbetween us, for any indirect, special or consequential loss or damage, loss of\nprofit, costs, expenses or other claims for compensation whatsoever (whether\ncaused by the negligence of the Company or its employees or agents or\notherwise) which arise out of or in connection with the supply of the Goods or\ntheir use or resale by you and our entire liability under or in connection with\nthe contract between us shall not exceed the price of the Goods.<\/p>\n\n\n\n
11.5 We shall\nnot be liable to you or be deemed to be in breach of the contract by reason of\nany delay in performing, or any failure to perform, any of our obligations in\nrelation to the Goods, if the delay or failure was due to any cause beyond our\nreasonable control.<\/p>\n\n\n\n
12.1 The laws of\nEngland shall govern the contract made between us, and you agree to submit to\nthe exclusive jurisdiction of the English courts.<\/p>\n\n\n\n
13.1 Where the\nGoods are sold under a consumer transaction (as defined by the Consumer\nTransaction (Restrictions on Statements) Order 1976) the statutory rights of\nthe consumer are not affected by these terms.<\/p>\n\n\n\n
14.1 The\nContracts (Third Party Rights) Act 1999 shall not apply to the terms of this\nagreement and your obligations to the Company.<\/p>\n\n\n\n
15.1 No waiver\nby us of any breach by you of any provision shall be deemed to be a waiver of\nany subsequent breach of that provision or any breach of any other provision.<\/p>\n","protected":false},"excerpt":{"rendered":"
Integra NeuroSciences Limited Conditions of sale 1. General 1.1 In these Conditions: “the Company” or “us” means Integra NeuroSciences Limited (company number 02086419) “Buyer” or “you” means the person whose order is accepted by us; “Goods” means the goods which we agree to sell and you agree to purchase pursuant to any […]<\/p>\n","protected":false},"author":3,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"footnotes":""},"class_list":["post-239","page","type-page","status-publish","hentry"],"_links":{"self":[{"href":"https:\/\/terms.integralife.eu\/en-gb\/wp-json\/wp\/v2\/pages\/239","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/terms.integralife.eu\/en-gb\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/terms.integralife.eu\/en-gb\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/terms.integralife.eu\/en-gb\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/terms.integralife.eu\/en-gb\/wp-json\/wp\/v2\/comments?post=239"}],"version-history":[{"count":6,"href":"https:\/\/terms.integralife.eu\/en-gb\/wp-json\/wp\/v2\/pages\/239\/revisions"}],"predecessor-version":[{"id":339,"href":"https:\/\/terms.integralife.eu\/en-gb\/wp-json\/wp\/v2\/pages\/239\/revisions\/339"}],"wp:attachment":[{"href":"https:\/\/terms.integralife.eu\/en-gb\/wp-json\/wp\/v2\/media?parent=239"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}