Terms and Conditions

Sales
All sales are subject to these terms and conditions and no others shall apply.

Prices
Goods will be charged at the price ruling at the time of despatch. Despite our best efforts, a small number of the products in our catalogue may be priced incorrectly. If a product’s correct price is lower than our stated price, we charge the lower amount and send you the product. If a product’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before despatch or cancel your order and notify you of such cancellation.

VAT
All prices exclude VAT. VAT is chargeable at the prevailing rate at time of order and will be added to your order at the moment of checkout. Prices may be subject to change to reflect changes in the rate of VAT or VAT due in respect of the sale.

Carriage
Goods shall be delivered by the company to the customer or to a specified address nominated by the customer. The risk of damage or deterioration of the goods arising after dispatch will be at the risk of the customer after the goods have left the company’s premises. Any time or date named by the company for delivery is given and intended as an estimate only and the company shall not be liable to make good any damage or loss whatsoever arising directly or indirectly out of delay in delivery. The risk in the goods shall pass to the customer at the point of delivery i.e. when goods leave the company’s premises Delivery is free on orders over €100 unless otherwise stated. For orders below €100 goods value, excluding VAT, a nominal fee of €10 will be charged. Deliveries overseas will be charged at cost. Prior notification of costs will be given to customer before order acceptance is implemented. Orders placed with the Company and sent directly from manufacturers may incur a carriage charge invoiced by the Company. In advance of all customised orders, a signed order acceptance must be completed.

Product Specification
Whilst every effort has been made to ensure the details and specifications provided by the Fitzmedical Supplies website are correct, they may be altered without prior notice, dependent upon manufacturers amendments. The responsibility for establishing the suitability of any the company’s products for its intended use shall rest upon the customer and the company shall not be liable for any loss or damage whether consequential or otherwise, and the customer shall not depend upon representations made by the company or on behalf of the company to establish suitability of the company’s products. All illustrations in the Fitzmedical website & literature are non-binding and subject to change in design, form and material. Up to date details can be checked when ordering, to avoid disappointment.

Warranty
The company shall not under any circumstance or whatsoever be liable for any damages where the consequential or otherwise howsoever caused or occasioned and this undertaking is given in place of and excludes all other warranties and condition whatsoever whether implied by statute or otherwise. The customer shall be responsible for any non-recoverable costs incurred by the company should the customer cancel an order it has placed.

Risk & Retention of Title
All goods supplied remain the property of Fitzmedical Supplies Ltd until such time as payment for goods are made in full from the customer. Fitzmedical Supplies Ltd accepts no responsibility for misuse or incorrect use of the goods. The clause herein relating to retention of title does not entitle the customer to return goods or refuse/delay payment on the grounds that the property in such goods has not been passed to the customer. It is explicitly against company policy to sell goods on a sale or return basis.

Payment Terms
Payment of account must be made within thirty days of invoice date and shall be strictly nett. Cheques shall be made payable to the company (Fitzmedical Supplies Limited) and not to any individuals. We accept most major credit and debit cards including Visa Debit, Visa & Mastercard. Electronic payments and payments by direct debit are also available, please phone Noreen on 01-9030125 or email your request to [email protected] All goods remain the property of Fitzmedical Supplies Ltd until paid for in full. The Buyer shall pay to the Seller interest on overdue payments calculated on the day-to-day balance at a rate of interest equal to that from time to time payable by the Seller on overdraft borrowings. Such interest shall be payable on demand and may be charged and added to the balance of overdue payments, and thereby compounded, from time to time as the Seller may determine. A statement from the Seller as the rate of interest applicable under this paragraph shall, in the absence of manifest error, be conclusive. At the end of each calendar month any account, which is overdue shall be liable to have interest charged thereon at the rate of 2.5% owed per month. We reserve the right to seek recovery of any monies remaining unpaid sixty days from the date of invoice via collection Agencies and/or through the Small Claims Court in the event that the outstanding balance does not exceed €3,500. In such circumstances, you shall be liable for any and all additional administrative and/or court costs. Returned payments will incur a €25 charge to cover banking fees and administrative costs.

Copyright Notice
Copyright and other relevant intellectual property rights exists on all text relating to the Company’s services and the full content of this website. The Fitzmedical Supplies Ltd logo is a registered trademark of Fitzmedical Supplies Ltd here in Ireland and other countries.

Force Majeure
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.

Title of Goods
All goods supplied remain our property until such time as payment has cleared for aforementioned goods and shall pass to you at the point and time at which such goods leave our premises in Creekmoor, Poole.

Insurance and Risk
Upon delivery of the goods, the risk inherent in the goods shall pass to the customer. We accept no responsibility for misuse or incorrect use of the goods.

Waiver
We reserve the right to make changes to these terms and conditions at any time. You will be subject to the terms and conditions in force at the time that you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

Your statutory Consumer Rights are unaffected