1.1. ‘Company’ means BreathEazy Ltd
1.2. ‘Customer’ means any person to whom the Company has agreed to supply goods
1.3. ‘Goods’ means the products which the Company is to supply to the Customer in accordance with these conditions
1.4. ‘Writing’ includes facsimile transmission, e-mail or similar means of communication
In the case of obvious shortages or suspected damage to delivery of goods, all claims for broken or missing goods should be reported to the Company no later than three days from the date of delivery.
3.1. Under normal circumstances, goods will not be accepted for return for credit other than for the following reasons:
a) To correct a Company delivery or order error
b) In response to a recall instigated by the manufacturer
c) Where the products or packages are alleged to have been faulty damaged or tampered with prior to delivery
d) Where products conform to a pre-arranged ‘sale or return’ scheme
e) Where the Company agrees, in advance of their return, to accept goods not covered under any of the above criteria
f) In accordance with the Distance Selling Regulations (DSR)
3.2. Goods returned to correct a Company error
a) The goods must be returned within seven working days of receipt. Goods must be adequately packaged to ensure that no damage is caused during their return to the Company
b) All returned goods must be in perfect original condition; not marked in any way; and should not show any evidence of being tampered with.
3.3. Returns in response to a manufacturer’s recall
a) Recall arrangement for a medical product are dictated by the product manufacturer. Returned goods will only be accepted in accordance with the specific instructions relating to each recall.
b) Goods must be packed adequately, clearly identified as a product recall, and accompanied by the supplied returns slip.
c) Credit will be issued only as authorised and specified by the manufacturer
3.4. Returns where the products or packages are alleged to have been faulty, damaged or tampered with prior to delivery by BreathEazy Ltd.
a) Details of the fault or damage should be notified to the Company as soon as possible in order that the manufacturer can be alerted if appropriate. This does not preclude a Customer from dealing directly with a manufacturer on grounds of patient safety.
b) Goods must be packed adequately and accompanied by the supplied returns slip.
c) Where the fault is the manufacturer’s responsibility, credit will only be given as authorised and specified by them.
3.5. Where the goods conform to a pre-arranged ‘sale or return’ scheme
a) Good must be packed separately and accompanied by the returns slip.
b) Credit will be given in accordance with the terms of the pre-arranged scheme.
3.6. When the Company agrees to accept the return of goods not covered by any of the criteria recited in clauses 3.2 to 3.5 A handling charge may be applicable.
3.7. Goods returned to stock
Goods returned by Customers for any of the above reasons will be only be considered for credit if:
a) It is known that they have been stored in accordance with the manufacturer’s recommendations
b) They have been assessed and accepted by a person authorised by the Company to do so. The assessment will take into account the nature of the product, any special storage conditions required, and the time elapsed since the goods were supplied.
c) These products will not be accepted for return or credit unless supplied as a result of a Company error. In such cases, the product must be returned within seven working days of receipt
3.8. The Distance Selling Regulations (DSR) give consumers a right to return goods within seven working days of delivery. To take advantage of this right, the customer should notify us in writing, by email or other durable medium. This should be sent before the end of the seven-day cancellation period.
The DSR give a consumer the right to examine the goods and require the customer to take reasonable care of the goods whilst they are in their possession. We would suggest that the following care should be taken:
a) For hygiene reasons, do not remove the cellophane wrapper from the main holding chamber of the AeroDawg, AeroKat or AeroHippus
b) The AeroMask and Flexineb main units should not show any signs of use or the serial number label show signs of tamper
c) This should not affect your examination the goods.
All returned goods must be securely packaged to prevent damage during the return journey and returned via tracked delivery to ensure safe receipt.
Goods will be invoiced at the prevailing price at the date of despatch to the Customer. The price of goods shall be subject to alteration by the Company without prior notice to the Customer. The price is exclusive of any value added tax which the Customer shall be additionally liable to pay the Company.
The Customer should pay the amount of the invoice within twenty-eight days of the date of the invoice unless otherwise agreed in writing by the Company. If the Customer fails to do so, the Company reserves the right to:
a) Suspend any further deliveries to the Customer
b) Appropriate any payment raised by the Customer to such of any other invoices raised by the Company for goods supplied to the Customer as the Company may think fit, not withstanding purported appropriation by the Customer and:
c) Charge the Customer interest, both before and after any judgement on amounts unpaid at the rate of 2.5% per month until payment is made in full. Notice of interest charges will be served in writing on the Customer.
Any dates quoted for delivery of the goods are to be treated as estimates only and the Company shall be not be liable for any loss, injury, damage, or expense arising from delay in delivery of the goods howsoever caused.
Goods are sold on the understanding that the Customer is solely responsible for determining the suitability of the goods for the purposes for which the Customer intends to use them. Accordingly the Company’s liability for any loss or damage suffered by the Customer and arising by defects in the goods, shall be limited to the invoice price of the goods in respect of or in relation to which loss or damages is claimed. The Company will not accept under any circumstances liability for consequential loss, damage, or loss of profits arising from the use of the goods, service, information and advice.
Unless otherwise agreed in writing between the parties prior to delivery, the title to the goods shall not be transferred to the Customer until the full purchase price has been paid to the Company.
The risk of loss or damage to the goods shall pass to the Customer on the date that the goods are received and accepted by the Customer.
The Company shall not be liable to the Customer or be deemed to be in breach of the contract by reason of any delay in performing, or any failure to perform any of the Company’s obligations in relation to the goods, if the delay or failure was due to any cause beyond the Company’s reasonable control.
Without prejudice to the generosity of the foregoing, the following shall be regarded as causes beyond the Company’s reasonable control:
a) Acts of God, explosion, flood, tempest, fire, or accident;
b) Strikes, lockouts or other industrial actions or trade disputes (whether involving employees of the Company or third parties);
c) War, or threat of war, sabotage, insurrection, civil disturbance or requisition
d) Import or export regulation or embargoes; difficulties in obtaining raw materials, labour, fuel, parts of machinery;
e) Power failure or breakdown in machinery
This clause applies if:
a) The Customer makes any voluntary arrangements with its creditors or becomes subject to an administration order or (being an individual or firm) becomes bankrupt or (being a Company) goes into liquidation (otherwise than for the purpose of a solvent amalgamation or reconstruction);
b) An encumbrancer takes possession, or a receiver is appointed, over any of the property or assets of the Customer;
c) The Customer ceases, or threatens to cease, to carry on business; or
d) The Company reasonably apprehends that any of the above mentioned events are about to occur in relation to the Customer and notifies the Customer accordingly.
If this clause applies then, without prejudice to any other right or remedy available to the Company, the Company shall be entitled to cancel the contract or suspend any further deliveries under the contract without liability to the Customer. If the goods have been delivered but not paid for, the price shall become immediately due and payable not withstanding any agreement or arrangement to the contrary.
The Customer agrees to indemnify the Company against all loss, damage, costs, legal costs and professional and other expenses of any nature whatsoever incurred or suffered by the Company or by a third party as a result of the use of the goods, the breach of any legislation relating to the use of the goods or as a result of any breach of the contract by the Customer.
These conditions shall be construed in accordance with and governed by English law.
Each of the parties irrevocably submits for all purposes in connection with the conditions to the exclusive jurisdiction of the courts of England.