Acceptance of Orders
All orders are accepted by Miller Medical Supplies subject to these conditions. Miller Medical Supplies (hereafter known as "MMS") accepts no variation of these conditions will be accepted unless previously agreed in writing.
Customer's Authority
Customers entering into transactions with MMS expressly warrant that they are authorised to accept and are accepting these conditions not only for themselves but also as agents for and on behalf of all other persons who are, or may become, interested in MMS's goods or products, whether in whole or part.
Details And Specifications
Details and specification are correct at time of publication but may be changed without prior notice. We will be pleased to check the latest specifications for you at time of ordering goods. MMS reserves the right to alter specifications of any given product, and to withdraw any item without explanation or notification. All Images are for Illustration only.
Payment
Payment of account is to be received by MMS within 30 days from the date of each and every invoice. Failure to pay on the due date will entitle MMS to withhold delivery of subsequent orders and any agreed discounts.
Prices
This price list replaces previous issues and is subject to change without notice. All prices quoted are subject to VAT at the prevailing standard rate.
Payment Conditions
Standard terms of payment for MMS 'credit account' clients are settlement within 30 days from date of invoice. If payment is not made on the due date, MMS will be entitled to charge interest daily on the outstanding balance at the rate of 3% above HSBC Bank PLC base lending rate from time to time. Non 'credit account' MMS customers are required to pay in full at time of ordering.
Delivery, Title and Risk
Any time or date stated for delivery is an estimate only. MMS makes every effort to despatch goods on time, but does not accept liability for failure to deliver within the stated time. If MMS is unable to deliver the goods within 30 days of the date of the order, the Customer will be entitled to cancel the order and require any monies paid to MMS in respect of that order to be refunded.
1. MMS does not accept liability for shortages or damage to deliveries unless the Customer notifies MMS of the shortage or damage in writing within 7 days of receipt of the delivery.
2. Delivery is deemed to take place when the goods are delivered to the Customer's nominated address, whereupon the risks of loss, breakage and all damage shall pass to the Customer.
3. Title in the goods does not pass to the Customer until payment is received in full by MMS.
4. The Customer has to accept the goods when they are ready for delivery.
If the Customer cannot accept delivery, MMS may at its option: Store and insure the goods at the Customer's expense and risk or sell the goods at the best price reasonably obtainable and (after deducting reasonable storage insurance and selling costs) pay to the Customer any excess over the sale price or charge the Customer for any shortfall.
Cancellation of Goods
MMS endeavours to meet Customer's individual requirements but MMS shall be under no obligation to accept cancellation or amendment to any order or any part of an order. Where such cancellation or amendment is accepted it is on the understanding that a cancellation or amendment charge may be levied.
Product Specifications
MMS makes every effort to supply the goods as advertised but reserves the right to vary actual dimensions, specifications and quantities without prior notice. In the event that MMS cannot supply the goods ordered by the Customer, MMS reserves the right to offer goods of equal or superior quality at no extra cost. If the Customer does not wish to accept the alternative goods offered he or she may cancel the order and require any money paid to MMS in respect of that order to be refunded.
1. All goods supplied by MMS are warranted to be generally free from defects in workmanship and materials and fit for the purpose for which such goods would normally be used. Subject to this, however, goods are not tested or sold as being fit for any particular application or for use under specific conditions, unless expressly agreed in writing.
2. Subject to the right of consumers to return goods for refund under The Consumer Protection (Distance Selling) Regulations 2000, MMS does not sell products on a trial basis. Customers are strongly advised to check suitability and specifications of products before ordering.
3. In the event that MMS, at its discretion & Under the Distance Selling Regulations (2000) you have the right to cancel the contract relating to your order at any time up to the end of 7 days after the goods are delivered. To exercise your right of cancellation, you must give written notice to Miller Medical Supplies by letter, fax or email giving details of the order number, goods ordered and date received. Notification by phone is not acceptable. If you exercise your right of cancellation under the Distance Selling Regulations (2000) after the goods have been delivered to you, you will be responsible for returning the goods to Miller Medical Supplies at your own cost. The Distance Selling Regulations (2000) places a duty on you to take reasonable care of the goods once you have exercised your right to cancel, the goods must be received with MMS's prior agreement within 7 days of delivery. The goods must be unopened and in perfect re-saleable condition. All goods returned in these circumstances will be subject to a handling/restocking fee of 20% of the goods value or £20, whichever is the greater. When exercising your right to cancel under the Distance Selling Regulations (2000) please return goods to Miller Medical Supplies, Returns Dept., Phoenix House, Turner Street, Newport, NP19 7BA, United Kingdom. If after exercising your right to cancel under the Distance Selling Regulations (2000) you do not return the goods as required MMS may charge you a sum not exceeding the direct costs of recovering the goods.
Liability
MMS shall under no circumstances be liable for any consequential or indirect damage or loss, however caused, including (but not restricted to) loss of profits, loss of goodwill, damage to trading relationships, and financial loss. MMS's liability in respect of all other losses shall be limited to the invoiced value of the relevant order.
Force Majeure
Deliveries against the contract may be suspended pending any contingencies beyond our control and MMS shall not be liable for any loss or damage occasioned to the customer thereby.
Proper Law
This contract shall be governed by and construed according to the English & Welsh law and the purchaser submits to the jurisdiction of the Courts of England & Wales. These terms of trade will prevail over any conditions that shall be issued by the customer. Customers should not rely on any representations made by staff as they do not form part of the contract or collateral contract. The above Conditions shall apply to all total orders for goods received by MMS for supply in the United Kingdom. No other conditions whether or not inconsistent with these Conditions shall apply.
Definitions
"MMS" means Miller Medical Supplies (trading as Miller Medical Supplies, 'MMS' & millermedicalsupplies.com). Miller Medical Supplies | Trading from Phoenix House, Turner Street, Newport, NP19 7BA, United Kingdom.
"Catalogue" means the catalogue of products and services offered by MMS including millermedicalsupplies.com Internet sales.
"Force Majeure" means any cause affecting the performance by MMS of its obligations arising from acts, events, omissions, happenings or non happenings beyond its reasonable control including (but not limited to) governmental regulations, fire, flood or any disaster or industrial dispute affecting a third party.
"Working days" means Monday to Friday, excluding Bank or other Public holidays.
VAT Declaration
If you qualify for VAT zero rating you must complete the VAT Relief Form to claim relief from VAT on the goods you are ordering. For more information on VAT Exemption contact HM Revenue and Customs Charity & Disability Helpline: 0845 3020203
