What are your terms and conditions?

MediDxSupply Limited Terms and Conditions of Sale


1. Definitions

1.1 “The Buyer” means the purchaser of the goods.

1.2 “The Company” means MediDxSupply (trading arm of WatPharm Limited 10106155) ,1 The Courtyard, 707 Warwick Road, Solihull, B91 3DA.

1.3 “The Conditions” means these terms and conditions of sale.

1.4 “The Goods” means medical, and other products supplied in the normal course of business by MediDxSupply to the Buyer.

1.5 “The Order” means an order for the goods addressed to MediDxSupply in accordance with these terms and conditions.

1.6 “The Price” means the order price for the goods being either the relevant list price, the contract list price or the agreed price confirmed by the Buyer or where an Order is the subject of call off by the Buyer the Price will be the price relating to the Goods at the date of dispatch.


2. Entire Agreement

2.1 The Conditions shall apply to all Contracts for the sale of Goods by the Company to the Buyer to the exclusion of all other terms and conditions, including any terms and conditions which the Buyer may purport to buy under including any purchase order, confirmation of order or similar document.

2.2 All order for Goods shall be deemed to be an offer by the Buyer to purchase the Goods pursuant to these conditions.

2.3 Any variation to these conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing signed by an authorised signatory of the Company.


3. Price and Payment

3.1 The Price is exclusive of VAT which shall be due at the rate ruling on the date of the VAT invoice.

3.2 Payment of the Price and VAT shall become due within 30 days of the date of the company’s invoice and time for payment is of the essence.

3.3 Interest on overdue invoices shall accrue from the date when the payment becomes due from day to day until the date of payment at the rate of the 4% above base rate of the Bank of England with minimum rate of 8% and shall accrue at such a rate after as well as before any judgment.

3.4 The Company reserves the right to increase the Price by written notice to the Buyer between the order acknowledgement for the Goods and the dispatch date to reflect any increase in the cost to the Company which is due to factors occurring after the Buyers order acknowledge which are beyond the reasonable control of the Company (including without limitation foreign exchange fluctuation taxes and duties and increases in the manufacturers costs) provided that the Buyer may within 7 days of receipt of the written notice elect to cancel the order unless it can be supplied at the original price.

3.5 The Company reserves the right to charge a fee for delivery, postage and packaging which will be itemised on the Buyers invoice.

3.6 Overdue payments shall entitle the Company to:

3.6.1 Terminate the contract, or any other Order with the Buyer or

3.6.2 Suspend delivery until it receives payment in full.


4. Exchange of Goods and Returns

4.1 The Company shall at its discretion consider request for exchange or return of goods only within 14 days of the delivery of the Goods. No returns will be accepted for temperature sensitive or sterile goods. No returns are accepted for pharmaceutical goods. Non faulty goods accepted at the Company’s discretion for credit will be subject to a handling charge at a rate of 25% on net invoice value or a minimum of handling charge of £15.00.

4.2 Non-stock and specially ordered in items are returnable at the companies discretion. If a return is accepted, this is chargeable up to 60% of the invoice value. MediDxSupply will make all efforts to minimise this fee.


5. Account Facilities

5.1 If the Buyer does not have a credit facility (“Account Facility”) with the Company:

5.1.1 Payment may be made by cash, cheque or credit card; and

5.1.2 The Company reserves the right to require a deposit of payment in full prior to delivery;

5.1.3 Where payment by cheque is tendered, the Company shall not be bound to delivery the Goods until the Company has cleared funds

5.1.4 If the Buyer has an Account Facility and chooses to make a payment by credit card Company reserves the right to levy an administration charge

5.2 Account Facilities are set up solely at the Companies discretion on receipt of trade and credit references.

5.3 The Company reserves the right to refuse or withdraw Account Facilities without reason at any time.


6. Delivery

6.1 Unless notified otherwise by the Buyer the Goods will be delivered by the Company to the Buyers premises or its nominated address; and risk shall pass to the Buyer on delivery.

6.2 The Buyer may elect to collect the Goods from the Company premises or arrange for its own carrier to collect the Goods from the Company premises and risk shall pass to the Buyer on such collection from the Company’s premises.

6.3 Where a Buyer requires urgent delivery of Goods forming an Order or part of an Order then the Company reserve the right to make a reasonable delivery charge for such delivery.

6.4 The Company may elect to deliver the Goods comprising the Order by separate instalments.

6.5 The Company at its discretion may grant the Buyer standing orders and call off facilities.

6.6 The Company shall endeavour to deliver the Goods to the timescale(s) set out in the Order but those dates are not intended to be binding upon the Company unless the Order specifically states in writing that the time is of the essence.

6.7 The Buyer agrees to inspect the Goods on delivery and to notify the Company in writing within 5 working days of delivery of any shortfall in delivery or incorrect or damaged Goods.

6.8 The Buyer agrees to make available for collection by the Company from the Buyers premises all pallets, cages and other reusable packaging belonging to the Company (“the Containers”) within 5 working days of delivery of the Goods and once the goods are unloaded not to use such containers for the Buyers own use.

6.9 The Buyer agrees to reimburse the Company for the cost of repair or replacement of any lost or damaged Containers where the Buyers or its carrier is at fault.


7. Limitation of Liability

7.1 All terms conditions and warranties (whether implied or made expressly) whether by the Company or its servants or agents or otherwise (other than those express warranties set out in the current edition of the Company catalogue) relating to the quality and/or fitness for purpose of the Goods or any of the Goods are excluded.

7.2 The Buyer shall inspect the Goods on delivery and within 5 working days notify the Company of any alleged defect, damage or failure to comply with description or sample and shall afford the Company the opportunity to inspect any Goods the subject of such notification If the Buyer fails to comply with these provisions then the Goods shall be conclusively presumed to be in accordance with the Order and free from any defect or damage that would be apparent on a reasonable examination of the Goods and the Buyer shall be deemed to have accepted the Goods.

7.3 If the Goods are not in accordance with the contract for any reason the Buyer’s sole remedy shall be limited to the Company making good any shortage or replacing such Good’s or if the Company elects by refunding a proportionate part of the Price.

7.4 The Company shall be under no liability whatsoever to the Buyer for any indirect loss and/or expense (including loss of profit, loss of use or loss of revenue) suffered by the Buyer arising out of a breach by the Company of these Conditions provided that nothing in these Conditions shall restrict or exclude liability for death or personal injury caused by the negligence of the Company.

7.5 Given the specialised medical uses of the Goods the Company shall be under no liability to the Buyer in respect of the particular suitability of any of the Goods for any medical use.

7.6 From time to time the Company may provide the Buyer with promotional material produced by manufacturers of the Goods and makes no warranty as to the accuracy of such material.


8. Cancellation

8.1 The Buyer may only cancel an Order if:

8.1.1 In the opinion of the Company the Buyer has given sufficient written notice of cancellation; and

8.1.2 None of the Order contents have been dispatched.

8.2 The Company reserves the right, in its discretion, to charge the Buyer an appropriate handling fee of no less than 12.5% of the aggregate Price.


9. Retention of Title

9.1 Property in the Goods shall pass when:

9.1.1 The Buyer has paid the Price and VAT in full; and

9.1.2 No other sums whatever are due to the Company.

9.2 Until property passes to the Buyer in accordance with Clause 8.1 the Buyer shall:

9.2.1 Hold the Goods and each of them on a fiduciary basis as bailee for the Company;

9.2.2 Store the Goods (at no cost to the Company) separately from all other goods in its possession;

9.2.3 Clearly identify them as the Company’s property;

9.2.4 Upon request deliver up such of the Goods as have not ceased to be in existence or resold to the Company and of the Buyer fails to do so the Company may enter upon the Buyer’s premises and repossess the Goods;

9.2.5 Insure and keep insured the Goods to the Price against ‘all risks’ to the reasonable satisfaction of the Company; and

9.2.6 Whenever requested by the Company, to produce a copy of such insurance policy.

9.3 Notwithstanding that property in any of the Goods has not passed from the Company, the Company shall be entitled to recover the Price and VAT.


10. Licenses and Certificates

10.1 By making the Order the Buyer warrants that it is in possession of all current licenses or certificates or any other requisite documentation to receive and deal in the goods.


11. Notices

11.1 Any notices pursuant to the Conditions shall be sent to the Company at the address above or the Buyer at the address notified to the Company form time to time.


12. Assignment

12.1 The Company may license or sub-contract all or any part of its rights and obligations under these Conditions without the Buyer’s consent.


13. Forcer Majeure

13.1 Neither party shall be liable for any default due to any act of God, War, Strike, Lockout, Industrial Action, Fire, Flood, Drought, Tempest or other event beyond the reasonable control of either party.


14. Jurisdiction

14.1 The validity, construction and performance of these Conditions shall be governed by English Law.

14.2 All disputes arising out of these Conditions shall be subject to the exclusive jurisdiction of the courts of England and Wales.


Website Terms and Conditions

By using/working/trading/purchasing with MediDxSupply, you agree to be bound by these terms and conditions. If you do not accept these terms and conditions please kindly exit the website.

MediDxSupply undertakes huge efforts in ensuring that all information posted within the website are accurate and up-to-date. However, MediDxSupply assumes no responsibility or liability for any omissions or inaccurate information. By using the website, you agree to impose no such obligation or other liabilities on MediDxSupply.

All information supplied within MediDxSupply and from associated partners is used entirely at your own risk.

At MediDxSupply, we have invested in a variety of methods aimed at tackling computer viruses in order to protect and prevent damage to our website and resources and customer’s data, information and resources. However, MediDxSupply assumes no responsibility or liability for damages that result due to a virus contracted as a result of using our website. MediDxSupply recommends that all appropriate means of safeguards be undertaken when using our website or receiving emails for us.

Most of the content within the website is subject to copyright laws. Logos, trademarks and similar items must not be used without MediDxSupply written permission.

Users are fully permitted to download material displayed on the website, as long as it is ‘incidental’, and is necessary. You must however only do so if you maintain the integrity of the content, do not use it in a derogatory or deceptive context and retain all copyright and other proprietary notices.

All information received by MediDxSupply through any source (email, website etc.) is fully protected and subject to a strict privacy policy in which customer information is treated with care and respect.

Use of the trademarks, or of any other content on the website, except as provided in these Terms and Conditions, is strictly prohibited.

MediDxSupply has included a number of links to other websites which is aimed at creating a value added service to our customers where you are able to visit our website and have access to a variety of other information rich and interesting websites. Whilst MediDxSupply does its best to ensure that these websites are relevant and responsible and respectful, MediDxSupply cannot guarantee this and accepts no responsibility or liability for incorrect information or such alike. MediDxSupply is not responsible for the nature or the material or the privacy policies of any off-site pages or any other websites linked to this website.

In accepting our terms and conditions, you agree to hold MediDxSupply and all affiliates, employees, and shareholders harmless from any damage, cost, liability, claim, expense or demand. Including fair lawyers’ fees and cost, made by any third party relating to or arising out of your breach of these Terms and Conditions or to any documents they specifically incorporate, or your violation of any law or the rights of a third party.

Terms and conditions are subject to periodical change, so users are recommended to sporadically check for changes within the terms and conditions. Users are bound by any updates to the terms and conditions.

Orders: MediDxSupply reserves the right to reject any orders from any buyers for any reason.

Products: Purchasing products on our website must be used by trained professionals and we take no liability for injury if not used correctly.

Limits of Contract: MediDxSupply quotation and the contract price include only such goods and/or work as are specified therein or in any order accepted by the company. MediDxSupply will always use its absolute best efforts to execute buyer’s orders at the stated contract price. However, if MediDxSupply incurs any additional cost on account of delays, interruptions or suspension of work due to the buyer’s instructions or lack of instructions, or due to any other reason outside the company’s control, the company reserves the right to increase the contract price accordingly. In this unlikely event, MediDxSupply will contact you to ascertain whether you still wish to continue with your order.

Installation: Prices stated do not include any installation costs unless otherwise stated. MediDxSupply may for an additional charge proved skilled supervision and help for installing equipment.

Drawings, Specifications and Performance: Any descriptions, drawings, specifications, illustrations, data and other particulars will not bind MediDxSupply, whether contained in advertisements, catalogues, price lists or any other company documentation unless expressly confirmed in writing to the buyer for the purpose of the contract. The company shall not be responsible for the failure of the goods to attain any performance figures given by the company concerning its Goods except where specifically agreed to by the company in writing. In addition, in no event shall the company be responsible for performance figures supplied by a subcontractor or other third party.

Delivery: MediDxSupply will always try to estimate a delivery date that is as accurate as possible. Estimated delivery times represent our best efforts to provide you with an indication of when goods should arrive.

Returns and Exchanges: You have 30 days from the date on your receipt to return an item to us for a refund or exchange. All returns must be in their original packaging and exhibit no evidence or being mistreated. Please see our returns policy above for more information.

Transfer of Property: Full legal and beneficial title to, and property in, the Goods shall remain with the company and shall only pass to the Buyer when payment for the Goods has been made in full.

Until such a time as the Buyer has paid for the Goods, the Buyer shall (a) hold the Goods in the fiduciary capacity as bailee for the company and the company shall be entitled to require the Buyer to return the Goods; (b) store the Goods separately from other goods in its possession in such a way as to indicate clearly that the Goods are the property of the company; or (c) pay any proceeds of sale of any Goods sold before payment in full for them has been made into a separate bank account designated by a title which indicates that the funds therein are the property of the company.

Warranty: All products sold are protected by their manufacturer warranties.

Confidential Information: All information supplied or imparted to the buyer from MediDxSupply, whether written or oral, and marked or stated to be “Confidential”, “Proprietary”, or “Private” shall remain the property of MediDxSupply. Recipients of this information shall not communicate this, in any form, whether before or after expiration of the “Delivery Period” to any other person, firm, or corporation, and shall restrict the circulation of such information within their own organisation on a need-to-know basis. All documents, drawings, instruction, manuals, designs, etc, furnished by MediDxSupply and so marked shall remain the property of MediDxSupply.

Errors: We do our best to check for errors. However, in the case that a product has been mispriced (through a typographical error), we will notify you and inform you of the actual price, asking whether you wish to proceed with the purchase. Whilst MediDxSupply endeavours to ensure all prices are up to date and competitive within the market, in some circumstances manufacturer may not have conveyed updates to list prices and MediDxSupply reserves the right to change orders to fall in line with this new pricing. We will inform you of any changes before the order is dispatched.

Force Majeure: MediDxSupply is not liable to the buyer for failing to perform any part of this contract if the reason for failure emanates from any breakdown of plant or apparatus, fire, explosion, accident, strike, lockout, act of God, riot, invasion, acts of war, inability to obtain goods or materials from suppliers, compliance with an order of an apparently competent authority or any other event beyond the control of MediDxSupply.

Price Beat: While MediDxSupply will aim to beat any competitor price quoted for a matching product, we may be unable to fulfil this if the price falls lower than our cost price.

Product Expiry Date Policy: MediDxSupply will aim to distribute products with the longest expiry dates, however this cannot be guaranteed. If MediDxSupply is unable to meet this aim and a product with an expiry date of less than 3 months is due to be dispatched, a member of the MediDxSupply customer service team will attempt to reach the customer to inform of the expiry date. Specifically, we will aim to distribute:

Consumables with a minimum of 6 months expiry.

Vacutainers and sterile consumables with a minimum of 6 months expiry.

Pharmaceuticals and urinalysis strips with a minimum of 3 months expiry.

Whilst MediDxSupply will do their best to meet this aim, this can not be guaranteed and will not be considered a reason for return.


What is your copyright policy?

Most of the content within the website is subject to copyright laws. Logos, trademarks, and similar items must not be used without the written permission of MediDxSupply. Users are fully permitted to download material displayed on the website, as long as it is ‘incidental’, and is necessary. You must however only do so if you maintain the integrity of the content, do not use it in a derogatory or deceptive context and retain all copyright and other proprietary notices. Use of the trademarks, or of any other content on the website, except as provided in these Terms and Conditions, is strictly prohibited. You may electronically copy and print hard copy portions of this website for the singular objective of placing an order with MediDxSupply or using this website as a shopping application.

Any other use of materials on MediDxSupply.com -including duplication for means other than those stated above, distribution, modification, or republication–without the prior written permission of MediDxSupply is prohibited. Some graphics used by MediDxSupply were designed by Freepik