Updated on 13 April 2017
The Company reserves the right to change any price without notice. While we try and ensure that all prices on our website and printed material are accurate, errors may occur. If we discover an error in the price of goods you have ordered, we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact, you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
Products displayed on the website indicate we have access to them whether they are stocked in our warehouse or our supplier’s warehouse. We do not stock items which sell very irregularly, expensive medical equipment, refrigerators, furniture and other high-value items. We have arrangements with our suppliers and manufacturers who will either deliver the product, within a few days to you directly from their warehouse or deliver it to us. We will keep you informed about the progress of your order. Items which are in stock in our warehouse are typically delivered in a reasonable time. In our experience, our delivery partners do a great job, and we rarely have delivery problems.
We display details of products with images and prices as an indication of our intention to either offer these items straight from stocks held or source it from reputable European manufacturers or other wholesalers or suppliers. At no time, do we imply that the item ordered will be in stock for the delivery straight away? All medical equipment is ordered on back to back basis [when you order from us, we will place an order with our supplier] from a manufacturer or another wholesaler or a supplier. If an item is not in stock, we will inform you of an estimated time of delivery. However, the time of delivery will not be considered as part of a sales contract.
Carriage charges apply to orders weighing up to 30KG packed in a rigid cardboard carton up to 18x18x18 inches, regardless of the monetary value. If an order consists of bulk items [paper products - couch rolls, toilet tissue, hand towels etc.; bulk gloves' orders, pulp and plastic holloware, low cost surgical items and dressing packs, purified water etc.] which would increase the volumetric weight of the consignment the cost of the delivery will be surcharged by the courier. The company will charge the customer to cover the extras charged by the courier company. The customer will be informed about this extra cost before despatching the order.
Due to the nature and variety of the medical and surgical products, we do not stock every item that is displayed on the website. We do not stock capital items like furniture, refrigerators, diagnostic machines, etc. These items are bought in on order. Larger items are delivered by the manufacturers directly and may take 6-8 weeks to deliver. We stock over 5000 consumables and fast moving lines which we endeavour to deliver the next day if the order is received at a reasonable time. If we cannot deliver any item - we will inform you in our acknowledgement by email. The items not in stock will be placed on back order and delivered as soon as possible. You may cancel the order if you are not able to wait.
The invoice price will be the price ruling at the time of despatch. Costs of packaging and carriage and any applicable sales tax or duty will be added to the price where relevant. All prices quoted are subject to VAT at the prevailing standard rate. Any organisations that are exempt from VAT must provide a validated certificate at the time of ordering.
We reserve the right to correct prices and make any amendments at any time; even after an order has been submitted and paid for online.
We reserve the right NOT to accept your order if the price variance is not acceptable to us. We will notify you of any price changes before we process your order.
The cost of carriage of non-faulty returned Goods accepted by the Company is the responsibility of the Customer. The Company shall be entitled to impose a handling charge at a rate of 25% on net invoice value or a minimum handling charge of £15.00 for all cancellations, amendments and non-faulty returned Goods.
Below are listed our terms and conditions of sale. These terms and conditions apply to all transactions effected through the website or by any other electronic or physical mode of communication which results in a business transaction with the company. These terms and conditions apply to all business activities of the company – not just limited to the website. It is important that you read and understand these terms and conditions. No other conditions whether or not inconsistent with these Terms and Conditions shall apply. All orders that you place on this website or by any other means which result in a business transaction will be subject to acceptance in accordance with these terms and conditions for supply in the United Kingdom.
If you have any queries we would be happy to answer them on 020 8961 5567.
Important Terms and Conditions
- We reserve the right to change these terms and conditions at any time. Any such changes will take effect when posted on the www.gpsupplies.com website (see date above), and it is your responsibility to read the terms and conditions on each occasion you use this website and your continued use of the website and/or placing subsequent orders with the company shall signify your acceptance to be bound by the latest terms and conditions.
- If the Company is hindered or prevented from fulfilling any contractual obligation due to any cause beyond their reasonable control or by their inability to produce any goods, the Company may at its absolute discretion delay the performance of or cancel the whole or any part of the contract without incurring any liability whatsoever.
- You confirm that you have the authority to bind any business on whose behalf you place an order with the company by any mode of communication. Customers entering into transactions with the Company expressly warrant that they are authorised to accept and are accepting these Terms and Conditions not only for themselves but also as agents for and on behalf of all other persons who are, or may become, interested in the Company's goods, whether in whole or part.
- Using the website may require registration and subsequent access to those services will be subject to an approved login name and password ("Password Details"). Information that you provide on this website and by email or letter must be accurate and complete. All Passwords Details are accepted and may be withdrawn at our sole discretion and are exclusive to you and non-transferable and must be treated as strictly confidential at all times. In the event that you have any concerns regarding your Password Details or become aware of any misuse then you must inform us immediately.
- Where a Customer 'deals as a consumer as defined in Section 12(1) of the Unfair Contract Terms Act 1977 (as amended) these Terms and Conditions are subject to the Consumer's statutory rights, including but not limited to the Consumer Protection (Distance Selling) Regulations 2000. The Company shall in no way be entitled to exclude or limit such statutory rights.
- The detail contained in the website is for information purposes only. E&OE. Images are for illustration purposes only. Due to many factors, the item despatched may not necessarily look like the image displayed.
- We display details of products with images and prices as an indication of our intention to either offer these items straight from stocks held or source it from reputable European manufacturers or other wholesalers or suppliers. At no time, do we imply that the item ordered will be in stock for the delivery straight away? All medical equipment is ordered on a back to back basis [when you order from us, we will place an order with our supplier] from a manufacturer or another wholesaler or a supplier. If an item is not in stock, we will inform you of an estimated time of delivery. However, the time of delivery will not be considered as part of a sales contract.
- Except as expressly stated in writing, the Company makes no representation as to the fitness of purpose or suitability of any goods sold for any purposes whatsoever. The Customer acknowledges that neither the Company nor its employees have any professional or medical qualifications to advise as to fitness for purpose or suitability. The Customer acknowledges that no representatives have been made by the Company other than those incorporated in the Company’s catalogue, quotation and these Conditions and that goods have been selected and ordered by the Customer using their own skill and judgement.
- Products displayed on the website indicate we have access to them whether they are stocked in our warehouse or our supplier’s warehouse. We do not stock items which sell very irregularly, expensive medical equipment, refrigerators, furniture and other high-value items. We have arrangements with our suppliers and manufacturers who will either deliver the product, within a few days to you directly from their warehouse or deliver it to us. We will keep you informed about the progress of your order. Items which are in stock in our warehouse are typically delivered in a reasonable time. In our experience, our delivery partners do a great job, and we rarely have delivery problems.
- Special offers and discounts are not available in conjunction with any other offers.
- Goods are sold on the understanding that they will be used for their intended purpose. No responsibility will be accepted by the seller, for trained or untrained personnel without qualified supervision using or misusing equipment supplied by the seller. All offers made by the company and on the website, are subject to stock availability. The seller reserves the right to restrict or refuse any orders for application of credit at any time. The seller takes special care to show correct sizes and specifications and such descriptions, whilst given as a guide in good faith are subject to alteration by the seller without notice. All colours in our printed materials and on the websites are as near as the printing process and technology will allow.
- A quotation by the Company shall not constitute an offer, and there shall be no binding contract until the company has accepted the order by fulfilling the order. A quotation shall be valid only for the period stated, and if no period is stated, 30 days from the date of quotation.
- The Company reserves the right to alter any specification or any goods and to withdraw the availability of any goods without notification.
- Unless otherwise specifically stated, all prices quoted by the Company are exclusive of Value Added Tax, which shall be due at the ruling rate on the date of the Company’s invoice to the Customer.
- Additional carriage charges will be levied on certain bulky items.
- Additional carriage charges will be levied on overseas deliveries and to Scotland and Offshore Islands.
- We welcome orders from anywhere in the world. Please remember carriage will vary on destination, weight and method of shipment.
- When ordering goods for the delivery outside the United Kingdom, you may be subject to import duties and taxes which are levied once the goods reach the specified destination. Any additional charges for Customs Clearance must be paid by you. The company has no control over these charges and cannot predict what they may be. It is the purchasers’ responsibility to comply with laws and regulations in the country of destination.
- Carriage charges applied on the website is for guidance. A true carriage charge will be emailed after the goods have been packed to ascertain the volumetric weight.
- All overseas payments for goods ordered from The Company must be paid by wire transfer to our bank. Bank details will be made available on the Pro-forma invoice.
- The terms and conditions herein also apply to ALL orders placed using any mode of communication.
- The confirmation emailed after you submit an order is not an order confirmation or order acceptance from The Company. The 'confirmation' stage sets out the final details of your order. Following this, we will confirm your order by email/fax/phone informing you of any items not available for despatch in that order. At your request items will be put on "back order" or cancelled.
- Acceptance of your order and the completion of the contract between you and us will take place on despatch to you of the confirmed order unless we have notified you that we do not accept your order or you have cancelled it.d. All controlled drugs, being any substance as listed in Schedule 2 of The Misuse of Drugs Act 1971 and Schedule 1 to 5 of The Misuse of Drugs Regulations 2001 (as amended from time to time) will require a Doctors' signature to be received with each order request.
- Goods are subject to availability, in the event that we are unable to supply the goods, we will inform you of this as soon as possible. An alternative will be offered, or a full refund will be given where payment has already been received by us for those Goods.
- Pharmaceuticals will only be sold to individuals and businesses entitled to purchase to use in their profession or business. Every request to purchase pharmaceutical is thoroughly vetted by consultation with relevant professional organisations prior to any transaction taking place. If we are unable to satisfactorily confirm the credentials of a customer we will not process orders which include pharmaceuticals no matter which legal classification they fall into.
- Our policy is to dispatch goods within a reasonable time after receiving an order; however, this can vary subject to stock availability.
- Unless otherwise stated in the Contract, the price of the Goods shall not include the cost of delivery where the agreed delivery location is within the United Kingdom, the Isle of Man or the Channel Islands. In the case of 'special deliveries' (i.e. deliveries that are not normally scheduled deliveries), a separate charge will be specified in the Contract. Any orders that are not to mainland UK may incur additional costs. These will be advised to the Customer prior to the Order being despatched. See website for details.
- All goods are despatched using external courier companies including UKMail, Parcel Force and Royal Mail. All Orders will be despatched by the most appropriate route. Where a Customer suggests an alternative route or places an Order outside the normal schedule, the Company shall have the right to charge the entire cost of delivery, irrespective of the value of the Order. See website for details.
- Some special medical equipment and furniture orders may take up to 12 weeks for to deliver from the time you place an order with us.
- An extra handling charge will be incurred for re-dispatched parcels.
- We make every effort to deliver goods within the estimated timescales; however, delays are occasionally inevitable due to unforeseen factors. The Company shall be under no liability for any delay or failure to deliver the products within estimated timescales. The Company will use reasonable endeavours to deliver each of the Customer's Orders for the goods within the time agreed when the Company accepts an Order and, if no time is agreed, then within a reasonable time, but the time of delivery is not of the essence. If despite those endeavours, the Company is unable for any reason to fulfil any delivery on the specified date, the Company will not be deemed in breach of the Contract, nor (for the avoidance of doubt) will the Company have any liability to the customer for direct, indirect or consequential loss howsoever caused (including as a result of negligence) by any delay or failure in delivery.
- Any delay in delivery will not entitle the customer to cancel the Order or to receive a refund of any monies paid unless and until the customer has given 14 days’ notice to the Company requiring the delivery to be made and the Company has not fulfilled delivery within that period. The customer shall have no other remedy in respect of late delivery.
- This website is only for delivery of products to customers in mainland UK and Northern Ireland addresses. We cannot deliver to the Channel Islands, Isle of Man, Orkney, Shetland and Scottish Islands, BFPO addresses, or the Republic of Ireland. All goods must be signed for by an adult aged 18 years or over on delivery. All Orders will be despatched by the most appropriate route. Where a customer suggests an alternative route or places an Order outside the normal schedule, the Company shall have the right to charge the entire cost of delivery, irrespective of the value of the Order.
- Deliveries will be made to the reception desk and/or ground floor at the Customer's stated delivery address. Any special delivery requirements or difficulties in delivering (e.g. narrow doorways, stairs, and restricted access) should be made known to the Company at the time of placing the Order and may be subject to additional costs. The Company cannot accept responsibility for any difficulties in delivery as a consequence of information or lack of information supplied by the customer.
- The risk of loss and damage of products passes to you on the date when the products are delivered or on the date of first attempted delivery by us or our appointed agents.
- In the event of non-arrival of goods, Customers must inform the Company within 7 days of the date of the invoice or advice of despatch. Otherwise, no claim can be considered.
- Normally published carriage charges apply to orders weighing up to 30KG packed in a rigid cardboard carton of up to 18x18x18 inches, regardless of the monetary value. If an order consists of bulk items [paper products - couch rolls, toilet tissue, hand towels, etc.; bulk gloves' orders, pulp and plastic products, low-cost bulk surgical items and dressing packs, purified water, etc.] which would increase the volumetric weight of the consignment, the company reserves the right to make an additional charge to cover the extras charged by the courier company.
- Any orders that are outside mainland UK will incur additional costs. This additional cost may not appear in the shopping basket. For the purpose of delivery by The Company, Mainland UK will be considered as any address in England, Wales and Scotland, but excluding the Scottish Highlands and Islands as described by UPS on their website. The additional cost will be advised to the Customer prior to the Order being despatched. Bulk Item Surcharge will apply.
- If for any reason, we have to put an item on back order and deliver your order in separate consignments, we will only charge you for one delivery.
- Goods shipped directly from suppliers may be subject to additional carriage charges. Any additional charges will be advised prior to the Order being despatched to the Customer.
- The Company reserves the right to make an administration fee towards the carriage of orders under £100.00 ex VAT. See website for details.
Payment and Prices
- Once we have checked your credit card details and stock availability, we will process your order. Payment from your card will be taken when the stock is despatched.
- Goods are subject to availability. In the event that we are unable to supply the goods, we will inform you of this as soon as possible. A full refund will be given where you have already paid for the goods.
- We use SagePay to process Debit/Credit Card payments. To ensure that your credit, debit, charge card account is not being used without your consent, SagePay will validate name, address and other personal information supplied by you during the order process. By accepting these terms and conditions you consent to such checks being made. In performing these checks, personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998. The Company does not hold any credit card details on their computers.
- The Company reserves the right to change any price without notice. While we try and ensure that all prices on our website and printed material are accurate, errors may occur. If we discover an error in the price of goods you have ordered, we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
- The invoice price will be the price ruling at the time of despatch. Costs of packaging and carriage and any applicable sales tax or duty will be added to the price where relevant. All prices quoted are subject to VAT at the prevailing standard rate. Any organisations that are exempt from VAT must provide a validated certificate at the time of ordering. We reserve the right to correct prices and make any amendments at any time. Even after an order has been submitted and paid for online. We reserve the right NOT to accept your order if the price variance is not acceptable to us. We will notify you of any price changes before we process your order.
- The Company may, at its sole discretion, accept payments by credit, debit card or BACS. Payment for overseas orders will only be accepted by wire transfer. Customers without credit accounts are required to tender full payment with their order for goods. Payments are accepted by cheque, major credit and debit cards.
- Payment must be made at the time of ordering by debit/credit card.
- For account customers, payment of the price and VAT shall be due within 30 days of the date of the Company’s invoice unless a different time for payment is specifically agreed between the parties in writing. Payment must be made without set-off or credit. Credit facilities will be withdrawn immediately if payment terms are not adhered to.
- In the event that the customer fails to pay any monies by the due date, all monies payable by the Customer shall become immediately due and payable. The Company shall be entitled to charge interest on outstanding monies both before and after Judgement from the due date to the date of actual payment at the rate of 5% per annum over the base rate of Barclays Bank. Where the circumstances of the parties are such that the Late Payment of Commercial Debts Act 1998 is applicable, the Company may choose to charge interest at the maximum rate permissible under that Act. The customer shall also indemnify the Company against expenditure on all costs of recovery including without limitation legal fees, costs and disbursements reasonably incurred. Any banking charges incurred by the Company in respect of dishonoured cheques will be payable by the Customer. The Company will be entitled to suspend delivery of subsequent Orders and any agreed discounts until the outstanding amount has been received.
- Title to any products you order from The Company shall pass to you on the delivery of the products provided that we have processed and received payment in full for the products.
- All prices are shown in GBP £ sterling and exclude VAT. VAT and delivery charges will be added at the current rate at the point of invoicing.
Returns, Cancellations, Substitutions and Restriction of Liability
- All goods must be checked by the Customer at the time of delivery - as the signature of a consignment note without endorsement may constitute acceptance.
- In the event that the customer is not satisfied with the goods, but the goods are not defective within the meaning of the Sale of Goods Act 1979 [as amended], the company reserves the return of the goods in their absolute discretion.
- Products like single-use instruments, sterile, used for internal examinations, which can get contaminated if taken out of the packaging, specially ordered in items, made to your specification, autoclaves, fridge/freezers, cold chain items, pharmaceuticals cannot under any circumstances be returned except to rectify a picking error.
- Manufacturers will charge a re-stocking fee of 25-50% if a specially ordered item is returned. We reserve the right to pass on this charge to you. All non-stocked items will be only accepted back if the manufacturer will agree to restock that item.
- If goods are accepted for return, acceptance is subject to the customer accepting and pursuing the following procedure and conditions:
- The customer must telephone the Company’s Customer Service Team on 020 8961 5567 and advise the reason for their dissatisfaction no later than 7 days from the date of delivery. The intention to seek a return of the goods must be confirmed in writing to the Company,
- The Company will provide a Returns Note which must be used to accompany the goods.
- Goods must be returned in their original condition and packaging and must be accompanied by a copy of the returns form.
- It is at the discretion of The Company as to how the goods are to be returned; the company will organise the return of the product.
- If it is an error of the customer, it is their responsibility to organise the return. This can be arranged via The Company appointed couriers at cost from an address in the UK mainland.
- Items which are stock items may or may not be credited at the companies’ discretion, but under no circumstances will credit be given on non-stock items, e.g. furniture, fridges, bags, lighting and other large equipment unless agreed by The Company and the suppliers.
- Goods received back in a non-saleable condition, and without a returned goods authorization will not be credited. If such goods have to be returned to the customer carriage costs will be charged to the customer.
- Goods are not supplied on a sale or return basis.
- Under no circumstances will goods be accepted for return if they are damaged, subject to improper handling or abuse, have been partly opened or used or the seals and labels have been removed or tampered with.
- If any Goods are returned, the Goods must be unused and in original packaging and fit for resale.
- The Company accepts no responsibility for goods lost or damaged during returned transit.
- Sometimes the product specifications from the manufacturer may change, in which case we will do our best to offer you a similar alternative. We may experience problems with the supply of certain products and may, therefore, offer to supply a substitute of the same or better quality at the same price. Where applicable, you may cancel your order in accordance with your rights under the Distance Selling Regulations.
- All sizes and measurements are approximate, but we do try to make sure that they are as accurate as possible. Images on the website may not necessarily represent the exact specifications of the product described. Items made to Customer's own specification or have been specifically ordered will not be accepted for return unless faulty. The manufacturer may offer to repair or replace the item at their own discretion in accordance with their terms and conditions. Unless agreed with supplier such returns are subject to any charges and transit costs imposed by suppliers.
- Items made to Customer's own specification or have been specifically ordered will not be accepted for return unless faulty. The manufacturer may offer to repair or replace the item at their own discretion in accordance with their terms and conditions. Unless agreed with supplier such returns are subject to any charges and transit costs imposed by suppliers.
- Equipment is supplied in its original packaging as received from the manufacturer. The equipment is not tested by The Company to ensure whether it is fit for purpose or in working order.
- When a fault is reported, we will request the manufacturer to investigate, repair or replace the product. This will depend on warranty conditions and the Terms and Conditions applied by the manufacturer.
- The Company will not take responsibility for any consequential loss due to malfunctioning equipment.
- No replacements are available whilst goods are exchanged, replaced or repaired.
- Goods will not be acceptable for return if they have been relabelled or used in any way, or if any tamper evident seals have been broken.
- Temperature controlled, and pharmaceutical items will be accepted to correct defects and delivery errors only. In such cases, the goods must be stored according to Manufacturer’s instructions, and an undertaking will have to be provided confirm adherence to storage requirements.
- The Company shall not, in any event, be liable for indirect or consequential loss or damage, being loss or damage which does not directly and naturally flow from the supply or goods or materials, including without limitation loss of profits, of use, overhead costs, collateral damage or of contracts arising out of the supply or failure of supply of goods or services by the Company [other than liability for death or personal injury resulting from the negligence of the Company] and whether arising from the breach of contract, negligence or for any other liability howsoever arising, whether by statute or otherwise.
- In all other cases [being cases of direct and natural losses or damage] it is specifically provided and agreed that the compensation and damages payable under any claim or claims arising out of the contract between the parties under whatsoever pretext shall not under any circumstances amount in aggregate to more than the contract price of the goods forming the subject of the claim or claims. No liability for such direct losses or damage shall attach to the Company unless details of such losses are notified to the Company in writing within 7 days of the date of delivery of the goods, or the date of the event giving rise to such loss if it’s not apparent on the date of delivery. In cases of alleged non-delivery, it is a condition of acceptance of any claim that claims are notified to the Company within 30 days of the anticipated delivery date so that appropriate action can be pursued by the Company.
- For the avoidance of doubt, nothing in this agreement shall confer on any third party may benefit or the right to enforce any terms of this agreement.
- You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all materials and/or content made available as part of your use of this website shall remain at all times vested in the copyright owners.
- You acknowledge and agree that the material and content contained within this website is made available for your personal use only and that you may only download such material and content for the purpose of using this website. You further acknowledge that any other use of the material and content of this website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
Warranty and Liability
- The following provisions of this Condition I set out the Company's entire liability (including liability for the acts and omissions of its employees, agents and sub-contractors) in respect of:
- any breach of the Contract; and
- any representation (other than fraudulent misrepresentation) statement or tortious act or omission (including negligence) arising under or in connection with the Contract.
- Goods are supplied according to the descriptions and specifications given in the relevant catalogues or marketing materials of the Company. Unless otherwise advised to the Customer on acceptance of the Order the Company gives no warranty other than that offered by the manufacturers of the Goods. The Company makes no representation as to the suitability of fitness of any goods for any particular purpose unless expressly given or made in Company brochures or websites. For details of manufacturer's warranties, refer to the Company's catalogue or to the manufacturers own description and specification. The images of products on the website are for illustration purposes only. The product supplied may not look the same as in the image but will be of the quality and purpose as described.
- In the event that an item is defective within the meaning of the Sale of Goods Act 1979 (as amended from time to time) the Company reserves the right, at its absolute discretion, to replace or repair the Goods as an alternative to refunding the purchase price.
- In the event that the Customer has a valid claim for any defect, loss, damage or non-compliance with the Contract the Company's only obligations in respect of such defect, loss, damage or non-compliance shall be to:
- make good any shortage or non-delivery; and/or
- at its option replace the items concerned or refund the cost of such Goods to the Customer and any transport costs incurred by the Customer in connection with the delivery of the Goods in question and/or their return to the Company. In the event that the Company agrees to a replacement, the original items of concern must be returned within the following timeframes:
- Goods requiring temperature-controlled storage will be accepted to correct a delivery error or faulty product only. In this case, the Goods must be returned in accordance with MHRA guidelines within 24 hours of delivery and must have been stored correctly whilst on the Customer's premises.
- Pharmaceutical goods (other than those requiring temperature-controlled storage) must be returned within 5 days of delivery.
- Goods will not be accepted by the Seller for return other than accordance with the Medicines Control Agency's document on Good Distribution Practice (Guidelines on Good Distribution Practice of Medicinal Products for Human Use).
- The Company shall not be liable for a breach of this warranty where:
- the Goods have been improperly altered in any way whatsoever, or been subject to misuse or unauthorised repair by the Customer;
- the Goods have been improperly installed or connected by the Customer;
- the Goods have been opened, partly used or the seals or labels have been removed or tampered with;
- the Goods have been damaged by fire, water, smoke or chemicals;
- any maintenance requirements relating to the Goods have not been complied with by the Customer;
- any instructions as to the storage of the Goods have not been complied with by the Customer in all respects;
- the Customer has failed to notify the Company of any visible or suspected defects or damage within 3 days of delivery where the defect or damage should be apparent on reasonable inspection, or within 5 days of the same coming to the knowledge of the Customer where the defect or damage is not one which should be apparent on reasonable inspection. It shall be the responsibility of the Customer promptly to check the Goods for quantity and patent defects following delivery by the Company.
- If the Customer fails to give notice in accordance with condition 5.7 above the items delivered shall be deemed to be in all respects in accordance with the Contract and without prejudice to earlier acceptance by the Customer it shall be bound to accept and pay for the same accordingly and all claims in respect of non-delivery, loss, damage, defect or non-compliance shall thereafter be wholly barred.
- Any Goods returned under clause J, or clause K must be accompanied by a return note, which the Company will supply to the Customer upon request. Failure to do so will render any claim for credit null and void. Any credit will only be raised after satisfactorily passing inspection by the Company's distribution centre. The Company reserves the right to request photographic evidence. The Company accepts no responsibility for Goods whilst in transit back to the Company.
- Where a breakage has occurred or it is suspected that the Goods have been tampered with or misappropriated in any way the Customer should retain the complete packaging and the Company and the carriers should be notified immediately. Claims cannot be considered unless these conditions are observed, and the Goods returned in the time frames stipulated in clause 4 (b).
- No replacements are available whilst goods are exchanged, replaced or repaired.
- Subject to condition 12 the Company shall not be liable for any costs, claims, damages or expenses, whether arising out of any tortious act or omission, any breach of contract or statutory duty, of an indirect or consequential nature or that are calculated by reference to profits, income, production or accruals or loss of such profits, income, production or accruals or by reference to accrual of such costs, claims, damages or expenses on a time basis.
- Subject to condition 12 the aggregate liability of the Company to the Customer for any loss or damage (whether asserted by the Customer or third parties) of whatever nature and caused as set out in Condition J.1 shall be limited to and in no circumstances, shall exceed the total invoice price of the Goods in respect of which the claim relates and any transport costs, less any discount given and excluding VAT.
- Nothing in these Conditions shall operate so as to exclude or in any way limit either party's liability for fraud, or for death or personal injury caused by its negligence, or any other liability that may not be excluded for limited as a matter of English law.
- Nothing herein shall impose any liability upon the Company in respect of any defect in the Goods arising out of the acts, omissions, negligence or default of the Customer, its servants or agents including in particular (but without prejudice to the generality of the foregoing) any failure by the Customer to comply with any recommendations of the Company as to storage and handling of the Goods.
- The Company makes no representation or warranty that use of the Goods does not infringe the rights of any third party, and the Company accepts no liability in this respect.
- Except as provided for in these Conditions, any conditions and/or warranties, (whether express or implied by statute or common law or howsoever) including but without limitation those of satisfactory quality or of fitness for a particular purpose (even if that purpose is made known expressly or by implication to the Company) are hereby excluded.
Non-Faulty Returned Goods
- Goods are not supplied on a sale or return basis. Returns of non-faulty goods will only be accepted at the sole discretion of and with the prior written permission of the Company. Permission must be obtained within 24 hours from time of delivery. In the event that permission is given then the Customer will be refunded in full. Where the Company agrees to the return of non-faulty Goods, such items must be returned in the following time frame:
- Goods requiring temperature-controlled storage must be returned in accordance with MHRA guidelines within 24 hours of delivery and must have been stored correctly whilst on the Customer's premises.
- Pharmaceutical and non-pharmaceuticals Goods (other than those requiring temperature-controlled storage) must be returned within 5 days of delivery.
- If any non-faulty Goods are returned, they must be unused, in original packaging, they must not be relabelled, tamper evident seals must be intact, and the Goods must be fit for sale.
- The cost of carriage of non-faulty returned Goods accepted by the Company is the responsibility of the Customer. The Company shall be entitled to impose a handling charge at a rate of 25% on net invoice value or a minimum handling charge of £15.00 for all cancellations, amendments and non-faulty returned Goods.
- Items made to Customer's own specification or have been specifically ordered will not be accepted for return unless faulty in accordance with condition 15.
- Temperature controlled, and pharmaceutical items will not be accepted for return unless faulty in accordance with condition 15.
- Any Goods returned under this condition 16 must be accompanied by a return note, which the Company will supply to the Customer upon request. Failure to do so will render any claim for credit null and void. Any credit will only be raised after satisfactorily passing inspection by the Company's distribution centre. The Company reserves the right to request photographic evidence. The Company accepts no responsibility for Goods whilst in transit back to the Company.
- The contract between us shall be governed by the laws of England and any dispute between us will be resolved exclusively in the courts of England. English is the only language offered for the conclusion of the contract.
- If you are planning to use our products for business purposes, please make sure that you are covered by the appropriate insurance. Where you decide to use the products in the course of a business, we exclude (to the fullest extent permitted by law) those warranties and conditions relating to fitness for a particular purpose. Our maximum liability to business users arising out of or in connection with the products shall be limited to the replacement value of the product in question (except in the case of death or personal injury caused by our negligence or in respect of fraud). In relation to business users, we do not accept liability for the fitness of goods for business purposes, nor do we accept liability for loss of use of the item nor any loss over and above the cost of the item in the event of a claim for breach of warranty or condition.
- The Company shall be under no liability for any delay or failure to deliver products or otherwise perform any obligation as specified in these terms and conditions if the same is wholly or partly caused whether directly or indirectly by circumstances beyond its reasonable control.
- To provide increased value to our customers, we may provide links and references to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website or access a recommended resource we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for
- (i) the privacy practices of such websites or resources,
- (ii) the content of such websites or resources, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or
- (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.
- You may not assign or sub-contract any of your rights or obligations under these terms and conditions or any related order for products to any third party unless agreed upon in writing by The Company.
- The Company reserves the right to transfer, assign, or sub-contract the benefit of the whole or part of any of its rights or obligations under these terms and conditions or any related contract to any third party.
- If any portion of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other sections of these terms and conditions shall not be affected.
- No delay or failure by The Company to exercise any powers, rights or remedies under these terms and conditions will operate as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing and signed by an authorised representative of The Company.
- These terms and conditions including the documents or other sources referred to in these terms and conditions supersede all prior representations understandings and agreements between you and The Company relating to ordering goods from The Company.
Recall of Goods
- In the event that the Company should deem a recall of any Goods to be appropriate, the Customer shall, upon notification from the Company (which may be made verbally and subsequently confirmed in writing), render all reasonable assistance as may be requested by the Company and, in particular, shall:
- return to the Company all of the Goods covered by the recall (the "Affected Goods"), and(b) advise the Company (as far as practicable) in writing of the Customers of all Affected Goods already sold by the Customer.
- advise the Company (as far as practicable) in writing of the Customers of all Affected Goods already sold by the Customer.
- The Company shall be responsible for the reasonable cost of collection of Affected Goods from the Customer and shall make the necessary arrangements for the collection of the Affected Goods.
- In the event that the Company is unable to return to replace the Affected Goods within a reasonable period after such recall, the Company shall supply to the Customer a credit note to the value of all Affected Goods so retained by the Company.
The waiver by the Company of any right to exercise any right or to insist on the strict performance of any provision of the Contract, shall not operate as a waiver of, or preclude any further exercise or enforcement of (as the case may be) or other exercise or enforcement by the Company of that or any other right or provision.
Each provision of the Contract is severable and distinct from the others. The parties intend that every such provision shall be and remain valid and enforceable to the fullest extent permitted by law. If such provision is or at any time becomes to any extent invalid, illegal or unenforceable under any enactment or rule of law, it shall to that extent be deemed not to form part of the Contract but (except to that extent in the case of that provision) it and all other provisions of the Contract shall continue in full force and effect and their validity, legality and enforceability shall not be thereby affected or impaired.
Contracts (Rights of Third Parties) ACT 1999
No person who is not a party to this Agreement is entitled to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
The Company will not be liable to the Customer for any failure or delay in delivery of the Goods if it is due to any event beyond the reasonable control of the Company. The Company will be entitled to a reasonable extension of time for performing such obligations and shall not be liable for any loss or damage occasioned to the Customer thereby.
These Terms and Condition and any Contract shall be governed by & construed according to the law of England, and the Customer submits to the jurisdiction of the English courts.
Any typographical, clerical other omissions or errors however made, in any of GPS’s literature, quotations, price lists, invoices or any other documents or information supplied by the company shall be subject to correction without any liability on the company's part.
This website is operated by GP Supplies Limited (referred to as "GP Supplies/ The Company/GPS/we/our/us"). As a user of this website (referred to as "you/your") you acknowledge that any use of this website including any transactions you make ("use/using") is subject to the terms and conditions herein.
- GP Supplies Ltd
- Concept House
- 6 McNicol Drive
- NW10 7AW
- United Kingdom
- VAT Number: GB 761 3279 28
- Company Registration Number: 4074035