Conditions of sale

1. General

In these conditions:

• “DJB Labcare” shall mean DJB Labcare Limited or any subsidiary or associated company.

• “Customer” shall mean any company or any subsidiary or associated company, organisation or person ordering, or accepting a quotation for DJB Labcare Limited goods or services.

• “communication” shall mean any communication or imparting of information whether verbal or by any other means.

• “these conditions” shall mean these conditions in full. If any provision of these conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other conditions and the remainder of the provision in question shall not be affected thereby.

These conditions shall be deemed to be incorporated in any contract, written or implied, for DJB Labcare Limited to supply goods or services and unless agreed to the contrary in writing, orders written or verbal are only accepted in accordance with these conditions to the exclusion of any conditions stipulated by the Customer. Waiver of all or part of these conditions shall not be valid unless agreed in writing by DJB Labcare Limited.

2. Prices

Prices given in any DJB Labcare Limited communication should only be regarded as correct at time of issue or, if printed, correct at date of publication. All prices and charges, other than those fixed by specific contract, are subject to alteration without notice.

3. Quotations and offers

All quotations and offers, written or verbal, are subject to these conditions.

4. Errors and omissions

Information (including specifications, designs and illustrations) given in any DJB Labcare Limited promotional literature or communication is believed to be accurate at the time of issue. Any typographical, clerical or other error or omission in any communication issued by DJB Labcare Limited shall be subject to correction without any liability on the part of DJB Labcare Limited.

5. Transport and carriage

Despatch of goods will be made by the most appropriate method or as specified by the Customer (subject to all Health & Safety and other relevant regulations being met) a charge being made to cover this and the cost or part cost of packing materials, cases, etc. Any exception to these charges will be stated in the relevant communication. A charge for carriage and packing will be levied on the first shipment only where DJB Labcare Limited elects, at its sole discretion, to effect more than one despatch to complete the order.

6. Delivery dates

Items offered ex-stock are subject to them being unsold at the date of receipt of the Customer's order. DJB Labcare Limited will endeavour to adhere to delivery dates, but no liability whatsoever can be accepted for non-despatch or delayed delivery. Failure to meet quoted or expected delivery dates shall not entitle the Customer to withhold any payment which is already due to DJB Labcare Limited. If the Customer declines to accept goods when available for delivery or as agreed, DJB Labcare Limited may at its discretion store the goods and take reasonable steps to prevent their deterioration until actual delivery and the Customer shall pay DJB Labcare Limited the reasonable cost (including insurance) of so doing.

7. Property and risk

All goods are supplied by DJB Labcare Limited on the following conditions:

1. Risk shall pass to the Customer's premises, except in the case of export sales to which condition 9.b).1. shall apply.

2. The goods shall remain the sole and absolute property of DJB Labcare Limited until payment in full of the price of the goods, in cash or cleared funds, has been received.

3. Until the goods area paid for in full, the Customer shall hold them only as bailee and any right of the Customer to possession of the goods shall cease immediately if:

   i. the Customer becomes unable to pay or stops paying its debts,
   ii. the Customer makes an arrangement with its creditors generally,
   iii. a receiver is appointed over any of the Customer's property,

   whereupon DJB Labcare Limited shall have the right by its servants or agents to enter onto any premises owned or occupied by the Customer or any third party in order to remove such of the goods as maybe stored there.

4. The Customer is hereby given authority to sell the goods whilst they are still the property of DJB Labcare Limited provided that the entire proceeds of sale resulting there from are held on trust for DJB Labcare Limited absolutely and are not mixed with any other monies not retained for the benefit of DJB Labcare Limited and such monies shall be identified as DJB Labcare Limited's money.

5. Payment shall be due in accordance with condition 8, whether or not property in the goods has passed as above and DJB Labcare Limited shall be entitled to sue for any monies due under any contract even if the property in the goods has not passed.

8. Terms of payment and credit

Unless DJB Labcare Limited has agreed in writing other terms, payment shall be on a Nett Monthly basis (ie. payment by the end of month following invoice date). The right is reserved to request a remittance with order, or to submit a pro forma invoice. DJB Labcare Limited also reserve the right to charge interest at 2% per month (or part month) on amounts not paid by the due date. DJB Labcare Limited may at its absolute discretion refuse or limit the amount of credit given to
any customer and withhold supplies therefrom.

9. Goods in transit

a) UK Sales: DJB Labcare Limited will accept no claim for credit, replacement or repair if the Customer fails to comply with the following requirements:

1. Non-arrival: Packing notes listing consignment contents are sent with goods but DJB Labcare Limited do not give separate notification of despatch. Receipt of an invoice must be regarded as notifiction of despatch. If the goods have not been received within 14 days of invoice date DJB Labcare Limited (and the carrier if known) must be informed in writing so that the consignment can be traced or a claim lodged.

2. Damage and loss: Damage and/or partial loss in transit must be reported in writing to the carriers and to DJB Labcare Limited within 3 days of receipt of consignment. Damaged goods and the packing must be retained in case inspection is required. Subsequently DJB Labcare Limited may require the Customer to return damaged goods. See also 10.b).

3. Discrepancies: Any discrepancies (shortages or errors) between goods received, packing notes and the Customer's order must be notified in writing to DJB Labcare Limited within 3 days of receipt.

b) Export Sales:

1. Unless otherwise agreed in writing DJB Labcare's responsibility for loss of or damage to, or for the non-arrival of goods, ceases once they are put onto rail, ship, aircraft or other transport for onward transmission to the Customer. In a case where DJB Labcare Limited is not requested by the Customer to arrange insurance of the goods DJB Labcare shall not be obliged to give the notice required by section 32(3) of the Sale of Goods Act 1979 (which relates to the giving by the seller to the buyer of notice to enable the buyer to insure goods which are to be transported).

2. The Customer shall inspect and test the goods immediately on their arrival and shall, within 14 days, give DJB Labcare Limited notice in writing of any defect or other matter or reason whereby the goods are not in accordance with the contract. If the Customer shall fail to give such notice the goods shall be deemed to be in accordance with the contract and the Customer shall be bound to accept and pay for them.

10. Returned goods

a) General: In all cases separate notification of despatch should be sent. Until the goods have arrived safely, all liabilities, including carriage, packing and insurance, remain with the Customer for any item sent to DJB Labcare Limited. If the Customer has insured the goods and wishes to be informed of any damage in transit DJB Labcare Limited must be notified and given details of their condition on despatch. In any event all repairs effected will be charged to the Customer. The return of goods is subject to the provisions of conditions 18.b).

b) Goods under complaint or for credit: Before goods are returned DJB Labcare Limited should be contacted and a Returned Goods Authorisation (RGA) number obtained which must be quoted on documentation accompanying the goods. In some instances, unwanted and unused goods may be returned, subject to prior agreement by DJB Labcare Limited. Credit will be based on the invoice price less a re-stocking charge and can only be given for goods which arrive in a saleable condition. The re-stocking charge will be at DJB Labcare Limited's discretion and will be advised when the return of goods is agreed.

c) Goods for repair: Goods sent for repair must be accompanied by an order. Goods sent for a repair quotation must be covered by a letter. DJB Labcare Limited may at is discretion charge for return of the goods to the Customer whether work is carried out or not.

11. Goods on approval, sale or return, or loan

1. The Customer in accepting goods on approval, on sale or return, or on loan, accepts liability for all damage to or loss of such goods and agrees to recompense DJB Labcare Limited in full for the same. Liability extends to goods in transit if they are returned to DJB Labcare Limited.

2. Customers, if returning goods, may be requested to return any special packing which has been used, (e.g. custom-made preformed styrene). DJB Labcare Limited reserve the right to charge for any such packing not returned.

3. The return of goods is subject to the provisions of conditions 18.b).

12. Installation, maintenance and repair by DJB Labcare Limited

The provision of services of a suitable type and in a suitable position, which are necessary for the installation, is the responsibility of the Customer. Equipment to be installed, maintained or repaired must, by prior arrangement, be available for working on when DJB Labcare Limited personnel arrive. Equipment for maintenance or repair must be properly decontaminated in accordance with clause 18.b). Where services and/or equipment is not available as above DJB Labcare Limited reserve the right to charge expenses for time and/or travelling. This applies to any installation, maintenance or repair undertaken by DJB Labcare Limited whether quoted free of charge or not. DJB Labcare Limited will issue an invoice in respect of delivered products which, should installation be deferred at the request of the Customer, is payable in accordance with condition 9.

13. Order cancellation

Cancellation or part cancellation of an order can only be accepted with DJB Labcare Limited's prior agreement. DJB Labcare Limited reserve the right to recover from the Customer any costs and expenses incurred up to the date of cancellation.

14. Limitation of liability

Except where liability relates to death or personal injury resulting from the negligence of DJB Labcare Limited, its employees or sub-contractors or agents, DJB Labcare Limited's liability arising out of any breaches of contract shall be limited to the invoice value of the goods or services supplied and in no event shall DJB Labcare Limited be liable for the following loss or damage howsoever caused:

1. Economic loss which shall include loss of profit, business revenue and goodwill,

2. Damage in respect of indirect or consequential loss or damage (other than direct physical damage to tangible property of the Customer caused by the negligence of DJB Labcare Limited, its employees, agents or sub-contractors to the extent that DJB Labcare Limited is legally liable for the negligence of such person or persons),

3. Any claim made against the Customer by any other party.

15. Infringement of patents, registered designs etc.

1. Where goods are supplied to special order the Customer will indemnify DJB Labcare Limited against any claim made as a result of using a specification or design stipulated by the Customer.

2. Whilst all goods are supplied in good faith DJB Labcare Limited can give no undertaking that use or sale of goods supplied will not cause the Customer to infringe letters patent or other rights.

16. Force Majeure

Neither party shall be liable for any circumstances beyond their reasonable control.

17. Applicable law

The contract shall be governed by and construed in accordance with English Law and the parties irrevocably agree to submit to the jurisdiction of the English Courts save that DJB Labcare Limited shall be entitled at its sole discretion to refer such disputes to the courts of any jurisdiction in which the Buyer carries or has carried on business.

18. Health and safety

a) General: Goods supplied should be used only for the purpose for which they are intended and in accordance with any instructions supplied. The Customer is responsible for determining suitability for use when:

1. services and/or ancillary items are used with goods supplied,

2. goods are specially manufactured or altered for Customers at their specific request.

b) Contaminated equipment for repair or maintenance: The Customer is responsible for ensuring that any equipment which has been exposed to any hazardous or potentially hazardous material is properly decontaminated prior to the commencement of any work on that equipment by DJB Labcare Limited personnel. The Customer will issue a certificate detailing the nature of the contaminant(s) and the procedures used to ensure adequate decontamination DJB Labcare Limited reserve the right to charge additional expenses incurred as a result of the Customer failing to decontaminate equipment. The Customer accepts full liability should injury be caused by any such contamination and shall indemnify DJB Labcare against any claims and costs suffered or incurred by DJB Labcare Limited as a result of injury to DJB Labcare Limited employees, agents or subcontractors arising from such contamination.

Privacy policy

We are committed to safeguarding the privacy of our website visitors; this policy sets out how we will treat your personal information.

1. What information do we collect?

We may collect, store and use the following kinds of personal data:

1. information about your visits to and use of this website;

2. information about any transactions carried out between you and us on or in relation to this website, including information relating to any purchases you make of our goods or services;

3. information that you provide to us for the purpose of requesting contact.

2. Information about website visits

We may collect information about your computer and your visits to this website such as your IP address, geographical location, browser type, referral source, length of visit and number of page views. We may use this information in the administration of this website, to improve the website's usability, and for marketing purposes.

In conjunction with some site features, we may send a cookie which may be stored on by your browser on your computer's hard drive for a limited period of time. Most browsers allow you to refuse to accept cookies; this will, however, have a negative impact upon the usability of these features.

3. Using your personal data

Personal data submitted on this website will be used for the purposes specified in
this privacy policy or in relevant parts of the website. In addition to the uses
identified elsewhere in this privacy policy, we may use your personal information to:

1. improve your browsing experience by personalising the website;

2. send information (potentially including marketing communications relating to our business) which we think may be of interest to you by post or by email or similar technology.

4. Other disclosures

In addition to the disclosures reasonably necessary for the purposes identified elsewhere in this privacy policy, we may disclose information about you:

1. to the extent that we are required to do so by law;

2. in connection with any legal proceedings or prospective legal proceedings;

3. in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk); and

4. to the purchaser or seller (or prospective purchaser or seller) of any business or asset which we are selling or purchasing.

Except as provided in this privacy policy, we will not provide your information to third parties.

5. Security of your personal data

We will take reasonable precautions to prevent the loss, misuse or alteration of your personal information. Of course, we cannot guarantee the security of data sent over the internet.

6. Policy amendments

We may update this privacy policy from time-to-time by posting a new version on our website. You should check this page occasionally to ensure you are happy with any changes.

7. Third party websites

The website contains links to other websites. We are not responsible for the privacy policies of third party websites.

8. Contact

If you have any questions about this privacy policy or our treatment of your personal data, please write to us by email to info@djblabcare.co.uk or by post to:

DJB Labcare Ltd
20 Howard Way
Interchange Business Park
Newport Pagnell
Buckinghamshire
MK16 9QS
England

This privacy policy is based on a template created and distributed by website-law.co.uk.