Terms & Conditions
These terms and conditions apply to all transactions between the BUYER and Value First Aid (Hereby Referred to as VFA) and override any conditions the buyer and VFA may have except those confirmed by VFA. Any variations of these conditions stipulated by any of the buyer’s documents implied by statute, common law or trade usage are inapplicable unless accepted by VFA in writing. This transaction will be deemed a contract of sale.
Delivery
VFA will make every effort to deliver orders within the time period quoted (which will commence from the receipt of orders by VFA in writing). VFA accepts no responsibility or liability of any kind for failure to deliver within the time period quoted. If the delays in the completion of deliveries are beyond the control of VFA, the buyer will not be entitled to cancel the order or refuse delivery. VFA reserves the option to supply all orders in partial shipments and to invoice the same separately. If the buyer is unwilling or unable to take or accept delivery after 14 days from being informed that the goods are ready for dispatch, the liability for loss or damage and risk to the goods shall pass to the buyer.
VFA will not be liable for any delay in delivery or non-delivery due to reasons which are beyond its control. These reasons may include, without limitations, restrictions by governments authorities, fire, flood, strike, industrial disputes, breakdown of machinery, explosions, war, delay in delivery by VFA’s suppliers or any other circumstances. Under any of the above, suspension, cancellation or extension of delivery may result at the discretion of VFA.
Quotations
Any quotations made by VFA will remain valid for the period stated in writing. If price variations occur within the validity period, which are beyond the control of VFA, the quotation may be subject to change before or after the maturity date. In any event, all quotations are E. & O.E. and are subject to acceptance. VFA reserves the right to withdraw any offer made on goods or contracts without notice and at any time before acceptance. Delivery dates on quotations are quoted on stock positions prevailing at the time of the quotations, and are liable to change without notice. Prices quoted may be subject to VAT, packaging and delivery charges.
Damage & Loss in Transit
Goods which are lost or damaged in transit will be replaced, repaired, or the cost of the goods refunded at the discretion of VFA. VFA will not incur any liability further than the value of the goods irrespective of any damages or otherwise to the buyer. Any claims by the buyer regarding loss in transit will not be entertained unless reported in writing within 14 days from the date of invoice. Damage and short deliveries must be reported in writing within 3 days of receipt of the goods to the carrier and VFA. Any goods which are returned for replacement due to damage in transit must be done so carriage paid at the buyer’s expense, and VFA will reimburse any reasonable costs for carriage, subject to prior approval.
Payment Terms
Unless credit terms are agreed in writing by VFA, all payment terms are to be on a pro forma basis, confirmed by VFA in advance. All credit terms offered by VFA are to be net 30 days from the date of the invoice. At any time, VFA may suspend credit terms and request payment for goods prior to delivery. VFA reserves the right, at its option, unless otherwise agreed in writing, to charge 5% per month interest on all accounts which are overdue for payment. Without prejudice to the above clause, VFA reserves the right, at its option, to suspend further supplies and any of its services should the buyer fail to make payment by the due dates.
This contract is divisible. Each delivery made hereunder shall be deemed to arise from a separate contract and shall be invoiced separately; any invoice for a delivery shall be payable in full in accordance with the terms of payment provided for herein, without reference to and notwithstanding any defect of default in delivery of any other instalment.
Return Goods
Goods will not be accepted back for credit if: returned after 30 days from the date of invoice, are produced as specials, are discontinued lines, have been opened, used, or are modified or altered in any way. In any event, written permission is required from VFA before any goods may be returned. VFA may refuse to accept back goods for credit, refund or replacement or repair at its discretion. Any goods authorised for return by VFA are sent at the sender’s own risk. VFA will not be liable for goods which are not received by VFA due to non-delivery or damage caused by any delivery service the sender has used to return the goods. Insurance and carriage for returned goods is the responsibility of the sender.
Guarantee
All products are guaranteed to be free from defects and manufacturing faults that may affect the appropriate use of the product. Product guarantees will vary depending upon each product range. Please refer to guarantees provided for each product.
In no event shall VFA be liable for any direct, indirect, incidental, special or consequential damages, including loss of profits, revenue, data, use or personal injury incurred by the Distributor or any third party, whether in an action or contract or based on a warranty (except where the liability is legally compulsory under UK law), even if the Distributor or any third party has been advised of the possibility of such damages. VFA’s liability for damages under this agreement shall in no event exceed the amount paid by the Distributor to VFA for the products under this agreement.
The buyer shall determine the application and suitability of the products which the Buyer purchases. VFA does not accept or imply any representation of use or suitability of any products it manufactures or supplies.
VFA must be informed, in writing, of any product purchased from VFA which is found to be faulty due to poor workmanship or material. After inspection by VFA, if the products are found to be faulty and are not the result of abuse, misuse, improper care or storage, inadequate maintenance, modification, (branded, stamped or etched), VFA will replace or repair the goods at its discretion. Any product found to be faulty must, after written acceptance from VFA, be returned to VFA carriage paid. Any products which are returned without written acceptance from VFA will remain at the buyer’s risk. VFA’s liability is limited to replacement only.
Any product which is used in any manner for which it was not designated will automatically render this guarantee invalid.
Product Specifications
All documents literature, specifications and statements made or supplied by VFA or any company which VFA acts as an agent/distributor for are made in good faith. VFA accepts no liability to any misrepresentations, errors or omissions therein. Due to continuous product development by the companies which VFA represents, specifications for any product may change without prior notice. Any products which have been altered from the specification illustrated or listed will be advised to the buyer before supply. VFA reserves the right to discontinue products without prior notice.
Bankruptcy/Reservation Of Title.
In the event that the buyer becomes insolvent, the goods sold against this contract remain VFA’s exclusive property until all monies due to VFA are paid in full. If the buyer should commit any act of bankruptcy or if a petition or receiving order in bankruptcy should be made against the buyer or a court order made or a resolution passed for the winding up (except for the purposes of reconstruction and amalgamation) or become unable to pay its debts, VFA will be entitled to enter upon the buyer’s premises and to repossess any goods to which VFA has title to. The buyer will be liable for any damages to the goods and once the goods are in the buyer’s possession, will insure the goods against all risks. The title of any goods or services supplied by VFA will remain with VFA until paid in full by the buyer.
Laws Of Contracts
This Agreement is governed and interpreted in accordance with the laws in England and Wales.
Data Protection
Both parties agree to comply with the data protection legislation. All personal data should only be used for the purposes of this Agreement and shall not be further disclosed or processed without the prior consent of both parties.