Terms and Conditions of Sale

 

All references in the following paragraphs to the seller shall be construed as meaning Medical Supply Co. Ltd. (MSC).

Orders may be placed by Telephone, Email or Fax by all account customers and also through our website for those Web registered and enabled.

 

Variation in Quantity

Every endeavour will be made to deliver the correct quantity ordered. A contract is created when we accept your order, either by sending a written confirmation or by providing what you ordered.

Cost Variation

Quotations are based on current cost and are subject to amendment at the sole discretion of MSC, on or at any time, after acceptance in order to meet any rise or fall in exchange rates, duties, insurance, or freight costs.

Preliminary Work

Work carried out whether experimentally, or otherwise, at customer’s request will be subject to charges.

General Lien

Without prejudice to other remedies, MSC shall in respect of all unpaid debts due from the customer have a general lien on all goods of the customer in its possession (whether worked on or not) and shall be entitled on the expiration of 14 days’ notice to dispose of such goods or property as it thinks fit and apply proceeds towards such debts.

Variation in Quantity

Every endeavour will be made to deliver the correct quantity ordered. A contract is created when we accept your order, either by sending a written confirmation or by providing what you ordered.

General Conditions

Value Added Tax

When Value Added Tax (hereinafter called ‘VAT’) is chargeable the price shall also be increased with immediate effect by the gross amount of VAT chargeable on the supply of goods and/or services by MSC.

Terms

Customers who are accepted for credit accounts are required to settle their accounts within 30 days of invoice date and without deduction of any discount.

Force Majeure

MSC shall not be liable to a customer for any loss or damage which customer may suffer as a direct or indirect result of the supply of products, or the performance of services, that is prevented, hindered, delayed or rendered uneconomic by events beyond MSC’s control (e.g. event of force majeure).

Default or insolvency of customer

In case of a breach by the customer of any of the terms and conditions of a contract on his part to be performed or observed and such breach remaining un-remedied for 7 days following written notice by MSC specifying such breach of the customer becoming bankrupt or committing any act of bankruptcy or (in case of a Company) going into liquidation or being wound up, MSC shall be at liberty, without prejudice to any other rights that MSC may have forthwith, or any time thereafter (by notice in writing to the customer) to determine the contract and to seize and retake possession of the equipment and/or printed goods, and for that purpose, to enter on the premises where the equipment and/or printed goods shall be located without being liable for any damage thereby occasioned, and the customer shall indemnify MSC against any claim or demand made against MSC in respect of any such damage.

Reservation of Title

  • The property in the goods supplied shall remain in the Seller until the Seller has received payment in full for all sums due and owing on any account whatsoever by the Buyer to the Seller.
  • So long as the property in the goods shall remain in the Seller, the Buyer shall hold the goods as Bailee for the Seller and shall store the goods so as to clearly show them to be the property of the Seller and the Seller shall have the right, without prejudice to the obligations of the Buyer to purchase the goods, to retake possession of the goods and for that purpose to go to enter upon any of the premises occupied by the Buyer.
  • Nothing in this Clause shall confer any right upon the Buyer to return the goods. The Seller may maintain an action for the price notwithstanding that the property in the goods shall not have vested in the Buyer.

Insurance

Both MSC and customer will maintain Public Liability Insurance throughout the services contract.

Arbitration

If any question, dispute or difference whatsoever shall arise between MSC and its customer upon, in relation to, or in connection with a contract, either party may give the other notice in writing of the existence of such question, dispute or difference and same shall be referred to the arbitration in Dublin of a person mutually to be agreed upon or failing agreement of some person appointed by the President for the time being of the Law Society, Dublin, the Republic of Ireland. This contract shall be deemed to have taken place in Dublin and shall be read and construed in accordance with the Laws of the Republic of Ireland.

Notices

Any notice to be given under the terms of these Conditions of Sale shall be served by sending the same to the other party’s last known place of business, or in the case of a company, to the registered office and such notice shall be deemed to have been received by the party to whom it was addressed in the normal course of post.

Delivery

Goods supplied by the Seller shall endeavour to be of the respective qualities and descriptions as stated in the tender (order). Delivery charges will be made, unless agreement to waive granted.

Damage

The seller shall not be liable for any damage that may be caused by an act or default of the Buyer or his agents or servants, to any goods supplied by the Seller upon signed acceptance.

Returns

MSC agree to accept returns at its choosing if the product is returned in its original condition with packaging, with a returns note and proof of purchase within 7 days of receipt. Return costs may also be payable by the customer. These conditions supercede any conditions the Buyer may signify when placing an order and no variation to these conditions shall be binding unless agreed in writing between the authorised representatives of the Buyer and Seller.