Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our Privacy & Cookies Policy govern our relationship with you in relation to this website.
The term “Prism Medical UK” refers to the owner of the website. The term “you” refers to the user or viewer of the website.
The content of the pages of this website is for your general information and use only. It is subject to change without notice.
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
Unauthorised use of this website may give to a claim for damages and/or be a criminal offence.
From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
Your use of this website and any dispute arising out of such use of the website is subject to the laws of England and Wales.
Conditions of trading
(Terms & Conditions of Trading)
The company” means Prism UK Medical Ltd.
“Goods” means any goods material installation or other service supplied by the company.
(a) All quotations and tenders are given on the company’s price prevailing at the date of the quotation. If the price charged to the company by any relevant supplier rises or other costs of the company rise after the date of the quotations the price to be paid by the customer shall be increased by the extra cost to the company.
(b) All quotations endure for three months only.
(c) All quotations are personal to the customer to whom they are addressed and are in no circumstances transferable.
(d) No warranty is given by the company (and no company employee is authorised to give any warranty assurances or otherwise) as to the fitness of any particular goods for the purposes or application for which they are to be put by the customer and the customer must rely on his or her own advisers as to the suitability of the goods for their individual needs.
(e) Quotations are given on the basis of the plans and/or specifications provided and any variation whatsoever by the customer from these original plans/specifications will necessitate a revised quotation. In order to try and maintain delivery/installation dates from the original quotation new plans and/or specifications must be received by the company no later than 14 days prior to given delivery/installation date.
(a) Delivery dates are stated as accurately as can be presently ascertained but are not guaranteed.
(b) The customer shall accept delivery/installation when the company notifies the customer that the company is ready to deliver/install.
(c) The risk in goods contracted to be sold passes to the customer (or to whom he shall direct) when the goods (or any part thereof when there is more than one delivery under the contract) are delivered to the customer in accordance with his instructions.
(d) Any complaint relating to faulty or damaged goods or short delivery must be notified to the company within three days of delivery and any complaint for non delivery must be made within ten days of the date of the invoice.
(e) Where the contract involves more than one delivery if default is made in payment on the due date in respect of any one delivery, the company shall at its option and without prejudice to any rights the company may have hereunder or otherwise, be entitled to treat the contract as repudiated and to claim damages accordingly. Each delivery will constitute a separate contract and any failure or defect in any one delivery will not vitiate the contract as to the remaining deliveries.
3. OWNERSHIP AND PAYMENT
(a) The company and the customer expressly agree that until the company has been paid in full (including any interest charged hereunder) for the goods and services com- prised in the contract between them the goods comprised in the contract remain the property of the company.
(b) Written orders for goods or services must be supplied to the company in all cases, a cheque for the full amount should be paid no less than seven working days prior to the date of delivery/installation. Failure to make payment in full will result in cancellation of delivery/installation.
Account customers: Must pay in full within 28 days of invoice date.
(c) Non-Account customers ordering special (non-standard) products or products which the company does not normally stock must pay a deposit of 50% with order.
(d) If payment is not made on the due date the company shall be entitled to charge interest from the due date until payment is made at 3% above the rate charged by HSBC plc as its base lending rate.
(e) If payment for goods and services is more than seven days overdue then the company may (without prejudice to any of its other rights) recover remove or resell the goods or any of them and may enter on the premises of the customer for the purpose of recovering the goods notwithstanding that the goods may have been incorpo- rated into the fabric of the customers premises.
(f) In the event of certain goods having been paid for by the customer and other goods not having been paid for the onus of proof shall be on the customer to show that any goods remaining in his possession are goods for which payment has been made.
4. LIMITATION OF LIABILITY
(a) All new goods only are guaranteed for twelve months. Where the company is refitting the customers existing goods which were originally supplied by the company, they are not guaranteed unless still covered by the original twelve month guarantee period. Where the company is removing/refitting existing fittings, appliances or other goods for the customer whilst every care will be taken the company can not guarantee against breakages and consequently such work is at the risk of the customer.
(b) Where the terms of the contract refer to making good this does not extend to replacement of decorations or carpet fittings and floor coverings but will cover re-plaster- ing where the same has been damaged and leaving the site clean and tidy.
(c) Should any goods or services supplied by the company be found to be defective, the liability of the company shall in any event be limited to the actual goods and services which are defective and in no circumstances shall the company be liable for any consequential loss or damage whether in contract or negligence or otherwise howsoever whether for loss or damage to property or for death or bodily injury or otherwise in respect of any goods supplied or work done by the company.
(d) No forbearance or indulgence by the company shown or granted to a customer whether in respect of these conditions or otherwise shall in any way affect or prejudice the rights of the company against the customer or be taken as a waiver of any of these conditions.
5. GOODS RETURNED
(a) The company is under no obligation to accept return of any goods whatsoever other than faulty goods or those not supplied in accordance with order.
(b) Entirely at the company’s discretion (and exercise of this discretion in no way binds the company to accept return of goods on future occasions) the company may accept return of goods but if it does so then a handling and restocking charge will be made of 10% of invoice value.
(c) In no circumstances whatsoever will the company accept return of goods either specially ordered for a customer or which have in any way been altered or adapted from the standard.
(d) In the event of a customer cancelling his order (which must be done so in writing) prior to despatch only, the company shall charge the customer 10% of the value of the order as liquidated damages or the company’s actual loss whichever shall be the higher.
(a) This installation has been designed from visual assessment without an inspection of the building structure and the company’s quotation assumes that the structure is sound and suitable for this installation.
(b) It is the customer’s responsibility to have his architect or surveyor inspect and approve the structure for suitability of this installation and carry out any calculations he requires.
(c) Any structural work deemed necessary will be charged extra.
(d) Rectification of surface finishes affected by additional localised loading is not covered by warranty.
7. In the event of the wording of the contract and these terms of trading being inconsistent the contract shall prevail over these conditions.
8. All contracts shall be governed by the Law of England and Wales.
Unless instructed in writing by the Customer, Prism UK Medical Limited will consider the Customer to be either an End-User or Intermediary User as defined in VAT reverse charge for building and construction services – Value Added Tax (Section 55A). Invoices raised as a consequence of this, or any other order, will include VAT charged at the appropriate rate.