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Part of the Battles Group
TERMS & CONDITIONS
Terms of Business
All sales are subject to the standard terms and conditions of sale printed below, but you are asked to note the following.
We are now able to offer the facility of payment by credit card or direct debit, details of which are available on request.
Veterinary Medicines Regulations 2007
Authorised Veterinary Medicines are granted a specific distribution category.
The distribution categories under the Veterinary Medicines Regulations are:
An SQP may only prescribe or supply the products that fall within the scope of the qualification they have obtained and the registration they hold.
Registrations are separated as follows:
All authorised Veterinary Medicines within this trade list have been classified according to the current regulations. Whilst every care has been exercised, Battle, Hayward and Bower Ltd however are unable to accept liability for any inaccuracy within this list.
Returned Goods Procedure
Under normal circumstances goods will not be accepted for return. Goods will only be acceptable for the following reasons:
1. To correct an error in delivery.
2. In response to a product or batch recall instigated by a Manufacturer.
3. Where products are alleged to be faulty.
In these cases the following conditions will apply:
1. Returns to correct an error in delivery
a. The Goods to be refused must be notified to Battle, Hayward and Bower Limited within three working days of receipt. Items requiring temperature controlled storage will be accepted to correct a delivery error only.
b. Full information relating to the product must be given to Battle, Hayward and Bower Limited prior to their return.
2. Returns in response to a product or batch recall instigated by a Manufacturer
a. Any recall arrangements are dictated by the product licence holder in the case of a medicinal product or the manufacturer in the case of non medicinal products.
b. Items will only be accepted according to the specific instructions relating to circumstances surrounding each individual batch recall.
3. Returns because a product or package is alleged to be faulty
a. If the fault is caused by damage during transit, Battle, Hayward and Bower Limited require any loss to be notified within seven days. (Section 9, Conditions Applicable to all Sales).
b. No credit will be given for expired or short dated stock unless the product was acknowledged by Battle, Hayward and Bower Limited as having a short shelf life at the time of despatch.
Terms of Sale
All deliveries of goods from Battle, Hayward and Bower Limited must be thoroughly checked for quantity and condition before signing to accept the delivery from the carrier. The number of cartons delivered should always agree with the declared number on the delivery note. Please also verify that the Carriers have delivered cartons correctly for your address. If the numbers do not agree, mark this clearly on the delivery note.
Please check in detail the complete consignment on the day of delivery and notify us immediately of any damages or shortages.
No responsibility can be accepted by Battle, Hayward and Bower Limited for damage to goods, or shortages, if they are not notified to us immediately.
If the delivery note is signed by the recipient as being correct, no request for credit of damaged or missing goods can be accepted by Battle, Hayward and Bower Limited
These conditions are applied to us by our carriers in their effort to ensure product security.
Conditions Applicable to All Sales
1. a. "The Company" means Battle Hayward and Bower Limited whose registered office is at Victoria Chemical Works Crofton Drive Lincoln.
1. b. "The Buyer" means the person contracting with the Company.
1. d. "Goods" includes pallets, palletainers, converters, containers and packaging and all other equipment associated with the Goods.
2. a. All sales between the Company and the Buyer are subject to these Conditions as modified by any written Special Conditions. No person has authority to accept any further liability or to make any further promise or representation on the Company's behalf except in writing signed by a director. In the event of conflict between these Conditions and any conditions preferred by the Buyer, these Conditions and any other rights of the Company contained in any quotation or documentation shall prevail.
2. b. The Buyer shall not claim to rely upon any representation unless made or confirmed in writing by a director of the Company.
3. The time within which the Buyer is to pay for the Goods shall be the essence of this contract.
4. The Company shall have a general lien on all Goods under its control for payment of all debts accruing on any account to the Company. If such lien is not satisfied after seven days written notice has been given to the Buyer by post addressed to his last known address, the Goods or any part of them may be sold to defray the lien and all expenses incurred.
5. Prices are subject to alteration without notice. Unless previously agreed in writing the price of goods shall be the list price of such goods in force at the date of invoice. Full details of price will be available on order if requested by the Buyer. Invoices will be posted on the day of despatch of goods to the purchaser.
6. a. Goods are not sold or tested as conforming to any British Standard Specification or as fit for any particular purposes unless the Company expressly so states in writing. ANY TERM OR CONDITION OR WARRANTY THAT THE GOODS ARE SO FIT IS EXCLUDED.
6. b. THE BUYER SHALL NOT BE TAKEN AS RELYING ON THE COMPANY'S SKILL OR JUDGEMENT WITH REGARD TO THE GOODS.
7. a. Notwithstanding any statement to the contrary in any invoice or confirmation of sale note or other document from the Company the Company reserves the right to demand payment of the price at any time.
7. b. The property in the Goods sold shall remain vested in the Company (notwithstanding delivery) so long as any monies remain outstanding and unpaid in respect of the Goods or under any other contract between the Buyer and the Company. So long as the property in the Goods remains vested in the Company.
i. The Buyer shall as bailee (with fiduciary duty to the Company) store and mark the Goods and keep them separate from any other goods in the control of the Buyer in order clearly to show that property in the Goods remains vested in the Company.
ii. The Company may repossess the Goods (or "the other products" as defined below) and for that purpose the Company or its employees and agents may enter any premises where the Goods or the other products are stored.
iii. If the Buyer shall incorporate the Goods into other goods whether with or without modifications (such as other goods being referred to as "the other products") property in the Goods shall nevertheless remain vested in the Company and the other products may be held or realised by the Company notwithstanding that the value thereof may be more than any sums owed.
iv. The Buyer shall not resell or otherwise dispose of the Goods or the other products but if in breach of this stipulation the Buyer shall sell or otherwise dispose of the Goods or other products the proceeds shall be paid into a separate bank account on trust for the Company; in any event the Company shall be entitled to trace the proceeds of sale or disposal of the Goods or the other products.
v. The rights conferred upon the Company in this clause shall be without prejudice to the right of the Company to claim for any loss, damages and expenses caused to the Company as a result of non-
7. c. If payment is not made on the due date the Company reserves the right to charge interest at 7% above the base rate for the time being of Lloyds Bank PLC until payment is made in full.
7. d. The Buyer shall not be entitled to withhold payment of the price because of any disputed claim of the Buyer's against the Company.
8. a. Orders are accepted subject to force majeure and subject to supplies being available. No guarantee can be given that Goods will be delivered at the time specified and the Company will not be liable for any delay in delivery or failure to deliver where such delay or failure is caused by circumstances beyond the Company's control.
8. b. Without prejudice to Clause 9 below, where non-
9. The buyer must advise the Company and the carrier in writing of loss or shortage of or damage to Goods at the time of delivery on the delivery docket and notify us immediately so that our claim can be lodged within 7 days and allow the Company immediate rights of inspection and investigation. Non-
10. a. The Buyer shall have no right to cancel an order without the Company's prior written consent which may be given on such terms and conditions as imposed by the Company.
10. b. If the Buyer shall fail to make any payment whatsoever due to the Company or shall have a receiving or administration order made against him or enter into any composition or arrangement with his creditors (whether or not the Buyer is an incorporated company) or execution shall be levied on his Goods or, being an incorporated company, shall have a Receiver or Manager appointed to all or parts of its undertaking, shall be the subject of a winding up action, shall pass a resolution of winding up or if execution shall be levied on its Goods, or if there shall be a breach by the Buyer of any of the Company's conditions of sale, the Company may without prejudice to its other rights cancel or refuse to execute any order by the Buyer, whenever placed.
10. c. Value Added Tax will be charged as an addition to any price in accordance with Government legislation for the time being in force.
11. Where instalment delivery has been agreed each instalment shall be deemed to be sold under a separate contract but no failure of or delay in delivery of any one instalment nor any defect in the contents thereof shall entitle the Buyer to treat the contract as repudiated with regard to any remaining instalments or shall entitle him to defer payment for any such other than the remaining instalments.
12. Chargeable casks are credited in full on return to our works carriage paid and in good condition. Please advise us of their return and mark plainly with sender's name.
13. All orders of £385 nett invoice value are consigned carriage paid on the U.K. mainland. On carriage paid orders outside the U.K. mainland, carriage will be paid to the nearest mainland port and forward shipment will be charged at cost. Small orders will be charged actual carriage on U.K. mainland or actual postage when this method of transport is requested.
14. Without prejudice to clause 18 below the Company's liability in respect of defective goods, or in respect of their quality or correspondence to description shall be limited to each claim or where more than one claim arises in respect of goods supplied under one contract or where more than one claim arises out of any one incident, the aggregate of such claims shall be limited to the net invoice price of the relevant goods supplied to the Buyer.
15. Where under this Act the test of reasonableness is applicable to these terms, the Buyer by accepting the goods supplied by the Company shall be deemed to have accepted that these terms and conditions are reasonable at the time of the contract.
16. Without prejudice to the foregoing and without prejudice to clause 17 below and where a claim of any sort, whether in tort, contract or under statute arises against the Company for which the above terms otherwise neither exclude nor prescribe a limit to the Company's liability, the Company's liability for such claim or where more than one such claim arises out of any one incident, the aggregate of such claims, shall be limited to the invoice price of the goods supplied.
17. THE COMPANY EXCLUDES ALL LIABILITY FOR GOODS OR THE MANUFACTURE OF GOODS OR ANY CLAIMS ARISING AGAINST THE COMPANY IN RESPECT OF THE GOODS OR ANY SERVICES RENDERED BY THE COMPANY AND ALL CLAIMS IN RESPECT THEREOF WHETHER OF NEGLIGENCE OR OTHERWISE AND ALL GUARANTEES WARRANTIES AND CONDITIONS OF WHATEVER TYPE WHETHER IMPLIED BY COMMON LAW OR STATUTE (AND WHETHER AS TO FITNESS QUALITY OR OTHERWISE) ARE HEREBY EXPRESSLY EXCLUDED.
18. a. These conditions and any contract with the Buyer shall be wholly governed by the Law of England.
18. b. Any dispute (with the exception of any claim by the Company against the Buyer for monies owing or alleged to be owing by the Buyer) shall be referred to a single Arbitrator to be agreed upon by the parties or in default of agreement to be nominated by the President for the time being of the Institute of Arbitrators in accordance with the provisions of the Arbitration Act 1950.
19. Nothing in these Conditions shall affect the right of any Buyer who deals with the Company as a "Consumer".