TERMS & CONDITIONS
1. PARTIES a. The “Company” means DJO UK Ltd. (Trading as Enovis) b. The “Customer” means the person, firm or company buying goods from the Company to whom the goods are to be invoiced (unless the context otherwise requires) and any person to whom or for the benefit of whom the goods may be delivered. c. The “Goods” means the goods described on our invoice. 2. ORDERS a. In the UK, credit account customer orders with a value of less than £50.00 (excluding VAT, net discounts) will incur a £7.50 delivery charge. In the UK, credit account customer orders with a value of more than £50.00 (excluding VAT, net discounts) will incur a £4.99 delivery charge. In the Republic of Ireland, credit account customer orders with a value of less than €50.00 (net discounts) will incur a €10.00 delivery charge. Any NHS Supply Chain (NHS SC)/Supply Chain Coordination Limited (SCCL) credit account customer orders must have a Minimum Order Value (MOV) of £115.00 (excluding VAT, net discounts), otherwise they will be rejected. b. Any orders submitted or variations made orally must be confirmed in writing within 5 days. c. All orders are to be forwarded to the address below. d. V.A.T. Exemption – Buyers who qualify for exemption from paying V.A.T. should include a valid V.A.T. exemption certificate (or other documentation approved by the Customs and Excise for the purpose) with each order. e. Orders to non credit account customers require payment to accompany the order before the Goods can be dispatched.
3. QUOTATIONS Any estimate or quotation shall comprise an invitation to treat and will remain open for a period of 30 days provided that the Company has not previously withdrawn it.
4. SPECIFICATION Every effort is made to ensure our catalogue descriptions and illustrations are clear and accurate. All colours and sizes are approximate. The reproduction of colours is as accurate as photographic and printing processes allow. Due to our policy of continual improvement, some products may vary from those described. The company reserves the right to amend the specifications, construction and/or design without prior notice. 5. PRICES a. All prices quoted are exclusive of Value Added Tax. b. The Company reserves the right to vary the price of the Goods to take account of any increases in the cost of raw materials, manufacture, packing, transport, wages or otherwise. c. Prices charged will be those effective at the date of receipt of Customer order.
6. PAYMENT a. Unless the Company otherwise agrees, settlement is due within 30 days of date of invoice to DJO UK Ltd at the address below. b. The Company reserves the right to charge interest on all overdue payments and outstanding balances at the rate of 3% per month.
c. The Customer shall not be entitled to withhold payment either wholly or in part once the same has become due except where expressly agreed with the Company. d. Non credit account customers and sales to members of the public require either payment of a pro-forma invoice or payment to accompany the order before the Goods will be dispatched. e. Any invoice dispute needs to be raised within 20 days from receipt of invoice 7. DELIVERY / CARRIAGE CHARGES a. Unless the Company otherwise agrees, delivery shall be made to the delivery point specified in the order. b. Stated delivery times are an estimate on the part of the Company and shall not be binding upon the Company which shall not be liable for any costs or damages caused by reason of any delay in delivery. c. The Company reserve the right to make delivery by instalments and to tender a separate invoice in respect of each instalment. d. Orders received before 3.00pm Monday to Friday will only be dispatched the same day for UK customers with credit accounts that do not have overdue payments. This is subject to products being in stock and does not apply to custom manufactured products and non stock items. Delivery will be on a next day basis with some exceptions. Deliveries to remote areas of Scotland and the Republic of Ireland may take up to 72 hours. e. Standard Delivery Charges (i) All deliveries to UK residential addresses including webshop orders and drop ship addresses will incur a delivery charge of £7.50 (ii) Timed and Saturday deliveries can be arranged at a cost. This will be detailed at the time of ordering. (iii) Oversized items are subject to additional delivery and handling charges, regardless of the value of the order. f. Oversized products are delivered to a ground floor location and are not installed in-situ. Should additional delivery services be required, they must be specified at the time of order and may be subject to additional costs. g. Delivery for custom manufactured products may vary from 1 week to 6 weeks from date of order. h. Spare parts, unusual sized products and special order items can take between 10 and 15 working days for delivery. i) DJO UK Shared Services (SS) opening times are Monday to Friday (excluding bank holidays) from 9:00am to 4:00pm.
8. CANCELLATIONS 1. No notice of cancellation of an order shall be valid unless given in writing and agreed to by an authorised representative of the Company.
2. If written notice of cancellation is received by the Company, the Company reserves the right to levy a cancellation charge up to 50% of the amount of the order. 3. If the contract provides for delivery by instalments, each instalment shall be deemed to be the subject of a separate contract, and non-delivery or delay in the delivery of any instalment shall not entitle the Customer to repudiate the contract as regards the balance.
9. PASSING OF TITLE The legal title to the Goods shall not pass to the Customer until all sums due or payable by the Customer to the Company whether in respect of the Goods or otherwise have been received by the Company.
10. PASSING OF RISK The risk in the Goods shall pass to the Customer when the Goods are tendered for delivery at the delivery point specified in the order. In the event that the Goods are collected by the Customer from the Company, the risk of the Goods shall pass to the Customer when they are loaded onto the vehicle of the Customer or of his carrier or other agent. 11. WARRANTY The Company warrants that the Goods shall at the time of delivery correspond to the specifications published by the Company when used for purposes for which goods of that type are ordinarily used. In the absence of any such published specifications applicable to the Goods, the Company warrants that the Goods shall at the time of delivery be of merchantable quality. If the Goods do not conform to that warranty, the Company will, at its option: a. Replace the Goods found not to conform to the warranty; b. Bring the Goods into conformity with the published specifications of the Company or (as the case may be) merchantable quality; or c. Take back the Goods found not to conform to the warranty and refund the appropriate part of the purchase price.
134 TERMS & CONDITIONS
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