1.1 In these Conditions, unless the context requires otherwise:
"Buyer" means the person, firm, or company purchasing Goods from the Company.
"Company" means Electromed Recycling.
"Contract" refers to any agreement between the Company and the Buyer for the sale and purchase of Goods, incorporating these Conditions.
"Delivery Point" means the Buyer's specified address as confirmed in writing to the Company.
"Goods" means any products specified in the Contract to be supplied by the Company.
"Loss" includes any direct, indirect, or consequential loss (including but not limited to economic loss, loss of profit, goodwill, business, or opportunity), damages, costs, or expenses, however caused.
1.2 References to legislation include any amendment, re-enactment, or subordinate legislation.
1.3 Words in the singular include the plural and vice versa; references to one gender include all genders.
1.4 References to “Condition” refer to these terms and conditions.
1.5 A “person” includes legal entities (e.g., companies, governments, partnerships).
1.6 Headings are for convenience only and do not affect interpretation.
1.7 The term “including” means “including without limitation.”
2.1 These Conditions apply to all sales by the Company and supersede all prior terms, unless varied in writing by a Company Director.
2.2 The Contract and these Conditions constitute the full agreement between the parties.
2.3 In case of conflict, these Conditions shall take precedence over any other terms.
2.4 No terms referenced in the Buyer's documents shall apply unless explicitly accepted in writing.
2.5 Any variations must be in writing and signed by a Director.
2.6 Buyer’s purchase order constitutes an offer to buy Goods under these Conditions.
2.7 No order is binding unless acknowledged in writing or fulfilled by delivery.
2.8 Buyer is responsible for ensuring all order details and specifications are accurate.
2.9 Quotations are valid for 30 days unless withdrawn earlier. No contract exists until written acknowledgment or delivery occurs.
2.10 Deposits are non-refundable and imply acceptance of these Conditions.
2.11 The Buyer is responsible for ensuring end users of medical or dental Goods are appropriately trained, insured, and equipped.
3.1 Goods will match the description in the quotation or order acknowledgment.
3.2 All samples, images, brochures, and advertising are for illustrative purposes only.
3.3 The Company reserves the right to make minor changes to Goods without prior notice.
4.1 Unless otherwise agreed, delivery occurs at the Delivery Point.
4.2 Buyer must accept delivery within 7 days of notification.
4.3 Delivery dates are estimates; time is not of the essence.
4.4 Delay does not entitle the Buyer to cancel unless it exceeds 100 days.
4.5 If Buyer fails to accept delivery:
Risk passes to Buyer;
Goods are deemed delivered;
Storage and insurance costs apply.
4.6 Buyer must provide necessary unloading equipment and personnel.
4.7 Goods may be delivered in installments; each is a separate contract.
5.1 Quantity stated at dispatch is conclusive unless proven otherwise.
5.2 Claims for non-delivery must be made within 5 days of expected delivery.
5.3 Liability is limited to replacement or a credit note.
6.1 Risk passes on delivery.
6.2 Title passes only when payment is received in full.
6.3 Until title passes, Buyer must:
Store Goods separately and securely;
Maintain and insure Goods;
Not modify or dispose of the Goods.
6.4 Buyer may resell Goods in the ordinary course of business.
6.5 Buyer’s right to possession ends if:
Insolvency proceedings commence;
Buyer fails to meet obligations;
Buyer encumbers the Goods.
6.6 Company may enter premises to repossess Goods.
6.7 Unidentifiable goods will be presumed sold in invoice order.
6.8 On default, Company may suspend or cancel further deliveries.
6.9 Termination does not affect Company’s rights.
7.1 Company may cancel orders before delivery without liability.
7.2 Consumer Buyers may cancel within 7 days of receipt for a 50% cancellation fee.
7.3 Buyer is responsible for return delivery costs.
8.1 Unless agreed otherwise, prices are as per the Company’s current price list on the delivery date.
8.2 Prices exclude VAT and other applicable charges.
9.1 Goods in original packaging may not be rebranded or repackaged.
9.2 No intellectual property rights are transferred under the Contract.
10.1 Payment is due in GBP as specified on the invoice. Consumers must pay before dispatch.
10.2 Time is of the essence for payment.
10.3 Payments are not deemed made until cleared.
10.4 All outstanding sums are immediately due upon termination.
10.5 Late payments accrue interest at 4% above NatWest base rate, daily.
10.6 Payments must be made in full without deduction or set-off.
10.7 Transactions are securely processed via SagePay.
11.1 The Company will transfer the benefit of manufacturer warranties where applicable.
11.2 Company warrants for 12 months post-delivery:
Goods meet satisfactory quality standards;
Goods are fit for disclosed purposes.
11.3 Warranty is void if:
Goods are misused or modified;
Buyer fails to follow usage instructions.
11.4 Defects must be reported within 5 days. A “Goods Return” number must be obtained before return.
11.5 Company may repair, replace, or refund defective Goods.
11.6 Repair work is chargeable unless otherwise agreed.
11.7 Replacement Goods are covered for the remainder of the original warranty.
11.8 Handling fee for buyer error or unwanted returns is 35%.
11.9 Returned software must be sealed or accompanied by a signed “Proof of Destruction.”
12.1 Company’s liability is limited to the price paid for the Goods.
12.2 Company is not liable for indirect or consequential losses.
12.3 Nothing excludes liability for:
Death/personal injury due to negligence;
Fraud or fraud-related misrepresentation;
Statutory rights of consumers.
13.1 Company may assign or subcontract its obligations.
13.2 Buyer may not assign rights without written consent.
14.1 Invalid or unenforceable provisions shall not affect the remaining terms.
14.2 Invalid provisions shall be modified to be valid and enforceable.
15.1 No delay or failure by the Company to enforce rights constitutes a waiver.
15.2 Rights and remedies are cumulative and not exclusive.
16.1 Company is not liable for delays caused by events beyond its control (e.g., natural disasters, strikes, pandemics).
16.2 Buyer may cancel if the delay exceeds 100 continuous days.
17.1 Notices must be in writing and delivered by hand, post, or email.
17.2 Notices take effect:
Hand delivery: next business day;
First class post: 2 business days;
Email or fax: next business day after transmission.
17.3 Notices to the Company must be marked for the Managing Director.
18.1 No third party shall have rights to enforce these Conditions.
19.1 These Conditions are governed by English law.
19.2 The English courts shall have non-exclusive jurisdiction over disputes.
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