Moorings Mediquip UK Ltd
1.1 This Website is owned by Moorings Mediquip UK Ltd, (Moorings Mediquip) of 51 Slaght Road Ballymena Co Antrim BT42 2JH Northern Ireland (“we“ or “us”)
1.2 You are registered with us as a Business Customer and these are the Terms and Conditions of sale that apply to transactions between you and us.
1.3 By purchasing any products (the “Product(s)”) and by using this Website you acknowledge that you have read and you agree to be bound by and comply with these Terms and Conditions.
- Purchase of Products
2.1 The placing of a Product on our Website is an invitation to accept offers for such Product and is not an offer to sell at the listed price nor is it binding on us. We are under no obligation to accept your order (whether or not the order has been confirmed and the credit card been charged).
2.2 We will acknowledge by e-mail your order for a Product at the time you place your order. We will then notify you within 7 days of such email whether we have accepted your order. At the same time if we have accepted your order we will notify you of delivery dates.
2.3 Any order (whether or not accepted) is subject to availability of the Product. If the Product becomes unavailable prior to delivery we will notify you within 14 days of acceptance of your order and give you the choice of cancelling the order and receiving a refund or of purchasing an alternative product (“Alternative Product”). If payment has been taken for the Product and you have cancelled the order we will issue a refund within 7 days of receiving notification of cancellation of the order. If you choose to purchase an Alternative Product these Terms will apply. If payment has been taken for the cancelled order we will refund to you any overpayment or take payment for any underpayment.
2.4 In the event a Product is listed at an incorrect price due to an error, we will notify you within 14 days of accepting your order of the correct price by e-mail and we will give you the choice of either purchasing the Product at the correct price or cancelling your order. If you confirm you want to purchase the Product at the corrected price we will deliver the Product to you. If payment has been taken for the Product and you cancel your order we will, on return of the Product (if the Product has been sent out) issue a refund within 7 days of such return or notice of cancellation (where no Product has been sent out). If only some of the Products you ordered are mispriced that will not affect the order in relation to any Products which were priced correctly and we will deliver these Products to you in accordance with these Terms.
3.1 The Products will be delivered to the address you give when you place your order however we reserve the Right not to make deliveries outside the United Kingdom.
3.2 Risk in the Products passes to you when the Products are signed for at the delivery address stipulated in your order. We accept no responsibility for any damage or loss to the Products after risk passes.
3.3 Upon receipt of your order you will be asked to sign for the goods received in good condition. If the package does not appear to be in good condition then please refuse the delivery. If you are unable to check the contents of your delivery at the point of delivery then please sign for the parcel as “UNCHECKED”. Failure to do so may affect any warranty claims that you make thereafter.
3.4 We will inform you as soon as possible after acceptance if we are unable to deliver the Products to you on the date specified by you and you may agree an alternative delivery period or you may cancel the order. In no event shall we be liable to you for any losses you may have for any delay in delivery and time of delivery shall not be of the essence of the contract.
3.5 If you fail to take delivery of the Products and without prejudice to any other rights and remedies available to us, we may:
- store the Products until actual delivery and charge you the reasonable costs (including, without limitation, insurance) of storage;
- sell the Products at the best readily obtainable price and either:–
- where you have not already paid for the Products, account to you (after deducting all reasonable storage and selling expenses) for any excess over the price you agreed to pay for the Products or charge you for any shortfall below the price you agreed to pay for the Products; or
- where you have already paid for the Products, account to you (after deducting all reasonable storage and selling expenses) for any proceeds received.
4. Right to Cancel an Order
4.1 You have the right to cancel the contract at any time prior to the dispatch of goods to you by notifying us by email to the email address provided.
5.1 The Products are at your risk from the time of delivery.
5.2 Ownership of the Products shall not pass to you until we have received in full (in cash or cleared funds) all sums due to us in respect of:
- the Products; and
- all other sums which are or which become due to us from you on any account.
5.3 We shall be entitled to recover payment for the Products even though ownership of any of the Products has not passed from us.
- Until ownership of the Products has passed to you, you must:
- store the Products (at no cost to us) separately from all your other products and products of any third party in such a way that they remain readily identifiable as our property; and
b . not destroy, deface or obscure any identifying mark or packaging on or relating to the Products; maintain the Products in satisfactory condition and keep them insured on our behalf for their full price against all risks
5.5 Your right to possession of the Products shall terminate immediately if:
- you have a bankruptcy order made against you or make an arrangement or composition with your creditors, or otherwise take the benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or (being a body corporate) convene a meeting of creditors (whether formal or informal), or enter into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or have a receiver and/or manager, administrator or administrative receiver appointed of its undertaking or any part thereof, or a resolution is passed or a petition presented to any court for your winding up or for the granting of an administration order in respect of you, or any proceedings are commenced relating to your insolvency or possible insolvency or we have reason to believe that any of the above are likely to occur; or
- you suffer or allow any execution, whether legal or equitable, to be levied on your property or obtained against you or you are unable to pay your debts within the meaning of the Insolvency Act 1986 and or The Insolvency (Northern Ireland) Order 1989 or you cease to trade; or
- you encumber or in any way change any of the Products.
5.6 You grant to us, our agents and employees an irrevocable licence at any time to enter any premises where the Products are or may be stored in order to inspect them, or, where your right of possession has terminated, to recover them.
- Defective Goods and Warranty
6.1 All products come with a 1 month guarantee. In the case of a fault, Moorings Mediquip will offer to repair, replace or refund the cost of an item within a 1 month period. If a fault occurs outside of this 1 month period, you are required to contact the manufacturer directly.
6.2 Wherever possible, ex display stock or used stock will be highlighted as being such on our website at the time you place your order. All such stock supplied by us hold a warranty of 28 days for business customers. The warranty starts on the date of delivery. If ex display or used stock develop a defect during the 28 day warranty period, you should follow the Returns Procedure accessible from Your Account on our Website.
6.3 The warranties in clauses 6.1 and 6.2 above do not apply to any defect in the Products arising from your negligence, damage caused by you, accident, use otherwise than in accordance with its intended use, failure to follow manufacturers or our instructions or any alteration or repair carried our without our written approval.
6.4 If the Products are damaged on delivery, incomplete or not what you ordered, please notify us via email straight away and in any event within 48 hours of you becoming aware of the fault and return the Products to us within 5 days of such notification from you by following our Returns Procedure. At our option we will repair or replace the Product or refund its cost to you and reimburse your reasonable returns cost. You should keep any receipt for such costs and provide it to us if asked.
6.5 Please note that any Products returned to us which you claim to be defective will be checked and verified by our technicians. Any returned Products that are not found to be defective will be returned to you and we shall charge you for the returned transport costs via your original payment method or hold the Product until full payment has been received by us for the return transport costs.
6.6 Any Products that you return to us are returned at your own risk, therefore we strongly advise all customers to take reasonable care when returning any Products to us by ensuring the Products are correctly addressed, adequately packed and carried by a reputable carrier.
6.7 If you opt to exchange the Products, any additional payments required will be taken form you using the same payment method as for the original purchase made by you. Replacement Products will not be despatched until such payment has been received.
- Prices and Payment
7.1 The prices for the Products and delivery are as set out on the Website at the time of purchase. In addition to the price you may be required to pay a delivery charge for the Products details of which are displayed on our Website.
7.2 You may apply to us in writing to set up a trade account which we may grant or refuse in our absolute discretion (“Trade Account”). If we agree to allow you such an account you must pay for any Products ordered by you within 30 days of date of our invoice. Time for payment is of the essence. If you do not pay on time we may (without prejudice to our other rights and remedies) suspend your account and/or withdraw the Trade Account in our absolute discretion at any time by notifying you in email.
7.3 If you fail to pay us any sum due pursuant to the contract, a late payment fee of £25.00 will be applied to all unpaid invoices that have passed the invoice due date. Should the invoice remain unpaid, a late payment fee will be charged for every month the payment is outstanding and statutory interest will be charged until full payment (including interest) is made.
7.4 Payments may also be made by credit or debit card, by BACS transfer or by cheque and we shall not despatch any Products until we receive cleared funds.
7.5 If you pay as set out in clause 7.4, your payment will be processed by a secure connection at the time you place your order on the relevant section of the Website.
- Limitation of our liability
8.1 Whilst we have taken all reasonable steps to ensure the accuracy and completeness of the information on this Website it is provided on an “as is” basis and we give no warranty and make no representation regarding the accuracy or completeness of the content of this Website. Further, no warranty is given that the Website shall be available on an uninterrupted basis, and no liability can be accepted in respect of losses or damages arising out of such unavailability.
8.2 Access to and use of this Website is at your own risk. We do not warrant that the use of this Website or any material downloaded from it will not cause damage to any property, including but not limited to loss of data or computer virus infection. We accept no liability for viruses. We recommend that you take all appropriate safeguards before downloading information or images from the Website.
8.3 In respect of any breach of clauses 6.1 and 6.2 , 6.1 our entire liability shall be limited, to the extent that the cause of action relates to the items purchased on our Website, to (at our option):
- repairing or replacing the Products; or
- refunding the amount paid by you in respect of the Products purchased.
8.4 Subject to clause 8.3 and 8.5 our aggregate liability in respect of all causes of action arising out of or in connection with the Products purchased on our Website or in connection with your use of the Website (whether for breach of contract, in negligence or any other tort, under statute or otherwise at all) will not exceed an amount equal to the value of the Products delivered to you under these Terms and Conditions.
8.5 We shall not be liable to you for any loss of profit; or loss of anticipated revenue; or loss of business; or any consequential or indirect loss.
8.6 Notwithstanding anything in these Terms and Conditions we do not exclude liability for:
- personal injury and death caused by our negligence;
- fraud; or
- any liability under the Consumer Protection Act 1987.
8.7 Except for any warranties expressly set out in these Terms and Conditions any warranties, conditions or representations whether implied by statute or otherwise shall be excluded to the fullest extent permitted by law.
9.1 Product images are for illustrative purposes only and may differ from the actual product.
- Links to Third Party Websites
10.1 The use of third party websites is entirely at your own risk. Links contained in the Website will lead to other websites not under our control, and we accept no liability for the content of any linked site or any link contained in a linked site. Links provided on the Website are provided to you only as a convenience and the inclusion of any link does not imply reliability and endorsement by us of the content of any third party’s website.
10.2 You are not permitted (nor will you assist others) to set up links from your own websites to the Website (whether by hypertext linking, deep-linking, framing, toggling or otherwise) without our prior written consent, which we may grant or withhold at our absolute discretion.
11.1 Our secure server software encrypts all your payment card details. The process scrambles all the information, allowing no unauthorised third party to intercept the data. Your browser will confirm that you are shopping in a secure environment by showing either a locked padlock icon or an image of a padlock next to the payment details in the relevant area of the Website.
- Complaints Procedure
12.1 We are very proud of our high standards of customer service however, in the event that we fail in meeting these standards, please do not hesitate to contact us at the address given in this agreement. Our aim will always be to deal with your complaint as soon as possible and make every effort to reach a satisfactory conclusion on your behalf in order to retain your valued custom.
- Intellectual Property
13.1 All Website, design, text and graphics belong to us. All copyright, trademarks and other intellectual property belong to us.
13.2 You are not permitted to use the Website in any way that may infringe the intellectual property rights contained in the Website. This means that you may not adapt, reproduce, publish, upload, extract, alter, store, post, redistribute, reutilise, retransmit or broadcast, all or any of the contents of the Website including but not limited to any trademarks or copyrighted material without our express permission. However, you are permitted to download and print out pages from the Website for the sole purpose of viewing for your own personal information.
- Entire Agreement
14.1 These Terms and Conditions represent the entire understanding relating to the use of the Website and supersede all other statements, representations or warranties (whether written, made by email or oral) made by us. Nothing in these Terms and Conditions shall affect the liability of either party in respect of any misrepresentation, warranty or condition that it makes fraudulently. Any rights not expressly granted in these Terms and Conditions are reserved by us.
15.1 If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court, it will be severed from the rest of these Terms and Conditions which shall remain unaffected.
- Third Party Rights
16.1 A person who is not a party to this contract is not entitled to enforce any of its terms under the Contracts (Rights of Third Parties) Act 1999.
- Force Majeure
17.1 We shall not be liable to you for any delay in, or failure of, performance of our obligations under these Terms and Conditions arising from any cause beyond our reasonable control including any of the following: act of God, governmental act, war, fire, flood, explosion or civil commotion, failure in information technology or telecommunications services, failure of a third party (including failure to supply data) and industrial action.
18.1 We may vary these Terms and Conditions in relation to future sales from time to time by publishing new Terms and Conditions on the Website.
- Law and Jurisdiction
19.1 These Terms and Conditions will be governed by and construed in accordance with the laws of Northern Ireland. Disputes arising in relation to this Website shall be subject to the exclusive jurisdiction of the courts of Northern Ireland.