All business undertaken by Fleming Medical Ltd. (hereinafter called the company) as principles, agents, wholesalers, distributors or suppliers, is transacted subject to the following terms and conditions in so far as they or any of them may be modified or varied by the company in writing and every condition herein shall be a condition of all agreements between the company and a contracting party or agent for such a party. No condition imposed by a purchaser or agent will be binding on the company unless specifically accepted by the company in writing.
Goods shall be delivered by the company to the customer or to a specified address nominated by the customer. The risk of damage or deterioration of the goods arising after dispatch will be at the risk of the customer after the goods have left the company’s premises. Any time or date named by the company for delivery is given and intended as an estimate only and the company shall not be liable to make good any damage or loss whatsoever arising directly or indirectly out of delay in delivery. The risk in the goods shall pass to the customer at the point of delivery i.e. when goods leave the company’s premises.
Not withstanding delivery and the passing of risk, the property in the goods shall remain with the company until the customer has paid all monies owed in full, to the company under this contract or any contract or otherwise. Until such payment is made by the customer, the customer shall possess all goods and materials as the property in which is vested in the company by virtue of this clause on a fiduciary basis only and if the company so requires the customer shall store such goods and materials at no cost to the company so that they are clearly identified as belonging to the company. If any payment is overdue the company may (without prejudice to any of its other rights and remedies) recover and resell any or all of such goods and materials and may enter the customers premises for that purpose.
Sale or Return
The clause herein relating to retention of title does not entitle the customer to return goods or refuse/delay payment on the grounds that the property in such goods has not been passed to the customer. It is explicitly against company policy to sell goods on a sale or return basis.
Every effort will be made to deliver the quantity as ordered. Any shortages or claims of shortages must be brought to the company’s attention in writing within five working days. Any claims thereafter will not be entertained and cannot be used as an excuse for non payment of account. Any complaint of failure to deliver goods invoiced must also be notified to the company in writing within seven days of the date of the invoice.
The responsibility for establishing the suitability of any the company’s products for its intended use shall rest upon the customer and the company shall not be liable for any loss or damage whether consequential or otherwise, and the customer shall not depend upon representations made by the company or on behalf of the company to establish suitability of the company’s products.
Customers own condition of purchase or by our standard of condition of purchase shall not apply unless specifically accepted by the company in writing in advance of goods being ordered.
If any goods supplied by Fleming Medical Limited prove on inspection to be defective in material workmanship, the company undertakes as its option to replace the same or refund to the customer, the price of the goods. Under no circumstances will liability exceed the cost of replacement (at the company’s option) or the price paid by the customer for such goods.
The company shall not under any circumstance or whatsoever be liable for any damages where the consequential or otherwise howsoever caused or occasioned and this undertaking is given in place of and excludes all other warranties and condition whatsoever whether implied by statute or otherwise. The customer shall be responsible for any non-recoverable costs incurred by the company should the customer cancel an order it has placed.
Return of Goods
The company is unable to accept return of goods without prior notification to our offices in writing. And only when it has given authorisation for such return can goods be accepted. Any goods returned for credit will be liable to incur the following handling charges.
0 - 30 days old- 15% handling charge
30-90 days old-25% handling charge
Over 90 days- 50% handling charge
Over 180 days- at discretion of the company
For goods to be accepted for refund, goods must be currently stocked and not a discontinued line. They also must be in perfect merchandisable condition and capable of resale and be completely without defect. Any such damage or defect will totally cancel any obligation by the company for any refund whatsoever.
Payment and Pricing
Payment of account must be made within thirty days of month end in which the goods were supplied and shall be strictly nett. Cheques shall be made payable to the company (Fleming Medical Limited) and not to any individuals. At the end of each calendar month any account, which is overdue shall be liable to have interest charged thereon at the rate of 2.5% owed per month. Credit terms offered by the company are thirty days from month end of invoice date but such terms may be terminated at any time without prior notice by the company whereupon all balances, inclusive of interest, shall become due and owing forthwith. The operation of this term shall be at the company’s absolute discretion.
The prices charged are at the date of dispatch of goods. It is an expressed condition of sale that in the event of the company having to recourse to legal action or debt collection agents against the customer in order obtain of outstanding accounts any costs in doing so are payable by the customer on a full indemnity basis and the company shall have the right to charge without notice interest at 2.5% per month, then currently enforce on any overdue accounts for as long as they are overdue.
Prices quoted in this catalogue are correct at the time of publication. However, our prices are regularly reviewed and are subject to change. For confirmation of our current prices, please contact our customer service team on 061 304600.
If, by mistake, we have under priced an item, we will not be liable to supply that item to you at the stated price, provided that we notify you before we despatch the item. In those circumstances, we will notify you of the correct price so that you can decide whether or not you wish to proceed with the order at the new price.”
Unless otherwise agreed these conditions of the contract shall be subject and construed in accordance with Irish law and all contracts entered into shall be deemed to have been entered into under the jurisdiction in law of the Republic of Ireland.