Terms & Conditions of Sale for Medical Devices/Device Consumables
Purchase Terms & Conditions
Definitions
Seller: Venn Healthcare LTD
Buyer: The person, firm, or company purchasing the medical devices or consumables from Venn Healthcare LTD.
Formation of Contract
All orders are subject to acceptance by Venn Healthcare LTD. The contract is formed upon Venn Healthcare LTD’s acceptance of the Buyer’s order.
Price and Payment
The price of the medical devices or consumables is as stated in Venn Healthcare LTD’s quotation/signed order form or as otherwise agreed in writing.
A full deposit payment is due upon placing the order, with the full balance due upon delivery of the device(s). Delivery will only be carried out upon Venn Healthcare LTD’s receipt of the full deposit payment.
Local Taxes and Import Duties Clause
All applicable local taxes, import duties, and any other associated costs or fees are the sole responsibility of the Buyer. These costs are not included in the purchase price of the medical devices or consumables. The Buyer is responsible for determining and covering all such expenses as required by their local jurisdiction and customs regulations.
Retention of Title
Venn Healthcare LTD retains ownership of the medical devices or consumables until full payment is received. If the Buyer fails to make payment, Venn Healthcare LTD has the right to repossess the medical devices or consumables.
Delivery
Delivery dates are estimates, and Venn Healthcare LTD is not liable for any delay in delivery. The risk of loss or damage passes to the Buyer upon delivery.
Goods in Transit
Risk of Loss: The risk of loss or damage to the goods shall pass to the Buyer upon delivery to the carrier for shipment. Venn Healthcare LTD is not responsible for loss or damage that occurs during shipping.
Shipping and Handling: Venn Healthcare LTD will arrange for shipping with reputable carriers but does not assume liability for any delays in delivery. Shipping costs, including insurance, are the responsibility of the Buyer unless otherwise agreed in writing.
Delivery Delays: In case of delay caused by the carrier or unforeseen events, Venn Healthcare LTD will provide timely updates to the Buyer but shall not be liable for delays in delivery.
Inspection and Reporting: Upon receipt, the Buyer is responsible for inspecting the goods for damage or loss and must report any issues to Venn Healthcare LTD within 48 hours of delivery.
Claims for Loss or Damage: Claims for goods lost or damaged in transit should be directed to the carrier as per the insurance policy, if applicable. Venn Healthcare LTD will assist in the claims process but is not directly liable for such loss or damage.
Inspection and Acceptance
The Buyer must inspect the medical devices or consumables upon delivery without breaking any seals or opening packaging. Any defects or non-conformities must be reported to Venn Healthcare LTD within 48 hours after discovery.
Returns Policy
Returns on medical devices or consumables are not permitted due to hygiene and safety reasons, as these devices and their consumables are sealed. However, in compliance with the Consumer Rights Act 2015, consumers possess specific rights concerning the return of faulty or non-conforming goods. If a medical device or consumable is found to be defective or not as described, consumers retain the right to return the product. The right to cancel orders for medical devices or consumables falls under the “sealed goods” exemption as outlined in the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. Once the seal is broken or packaging is opened after delivery, the right to cancel is limited.
Warranty
Venn Healthcare LTD warrants that the medical devices or consumables are free from defects in materials and workmanship for a period of [as stated on your signed order form] from the date of delivery.
Limitation of Liability
Venn Healthcare LTD’s liability is limited to the purchase price of the medical devices or consumables. Venn Healthcare LTD is not liable for any consequential, indirect, or incidental damages, except where such limitations are prohibited by law.
Governing Law and Venue
This contract is governed by and construed in accordance with the laws of England and Wales.
Dispute Resolution
Any disputes arising from or in connection with this contract shall be resolved through negotiation within 30 days and, if necessary, arbitration in accordance with the rules of the London Court of International Arbitration.
Amendments
These terms and conditions are accepted as part of your signed order form. Any amendments must be in writing and agreed upon by both parties.
Entire Agreement
This contract constitutes the entire agreement between the parties and supersedes all previous agreements and understandings.
Rental Terms and Conditions
Lessor: Venn Healthcare Ltd
Lessee: The customer renting the equipment
Definitions
Equipment: The items listed in the rental agreement.
Rental Period: The duration of the rental as specified in the agreement.
Equipment
The Lessor agrees to rent to the Lessee the Equipment listed in the agreement.
Rental Period
The rental period is as stated in the agreement. Extensions can be arranged with mutual consent.
Payment
Lessee agrees to pay £[amount] per [week/month] starting on [start date]. Payments are due in advance.
Delivery and Return
The Lessor will deliver the Equipment on a mutually agreed date. The Lessee must return the Equipment to the Lessor’s address by the end of the rental term in the same condition as received. The Lessee is responsible for all costs associated with the return of the Equipment.
Use
The Lessee must use the Equipment responsibly and in accordance with all relevant laws. No alterations or modifications are permitted without the Lessor’s prior written consent.
Maintenance and Repairs
The Lessor is responsible for routine maintenance and necessary repairs during the rental period. The Lessee must notify the Lessor promptly of any issues. Routine maintenance does not include damage caused by misuse or neglect.
Warranties, Repairs & Faults
Devices: Covered by a 2-year warranty from the Delivery Date. After this period, parts and repairs are the responsibility of the customer.
Handpieces: Covered by 1 million pulses or 1 year warranty from the Delivery Date. After this period, handpiece parts and repairs are the responsibility of the customer. Overhaul/revision kits are also the customer’s responsibility.
The warranty does not cover damage caused by accidental damage, misuse, neglect, or modifications made by unauthorized personnel.
Various Service Level Agreements (SLAs) can be arranged at the customer’s request for essential and routine maintenance, as well as coverage for call-outs and faults.
Insurance
The Lessee must insure the Equipment for its full replacement value against loss, damage, or theft. The insurance should be all-risk coverage.
Liability
The Lessee agrees to indemnify the Lessor against any claims or damages resulting from the use of the Equipment. Liability for damages will be limited to the replacement cost of the Equipment.
Termination
If the Lessee fails to meet payment obligations or breaches any terms, the Lessor may terminate this Agreement and reclaim the Equipment without further notice. Any costs associated with the recovery of the Equipment will be borne by the Lessee.
Entire Agreement
This document constitutes the entire agreement between the parties. Any amendments must be in writing and signed by both parties.
Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the UK, and any disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of the UK.
