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Terms

1. Our contract

When you place an order to purchase a product from Surgical Holdings, we will send you an e-mail confirming receipt of your order and containing the details of your order. Your order represents an offer to us to purchase a product, which is accepted by us when we send e-mail confirmation to you that we've despatched that product to you (the "Despatch Confirmation E-mail"). That acceptance will be complete at the time we send the Despatch Confirmation E-mail to you. Any products on the same order which we have not confirmed in a Despatch Confirmation E-mail to have been despatched do not form part of that contract.

2. Cooling-off Period

By law, you have the right to withdraw from your purchase of an item within seven working days of the day after the date the item is delivered to you. This applies to all of our products. We regret that we cannot accept cancellations of contracts for the purchase instruments that have been used. We cannot accept cancellations for goods made to personal requirements.

To cancel your purchase under this cooling-off period, please include accompanying note, giving the reason for the return as "contract cancellation". Please package the relevant item securely and send it to us with a copy of the advice note so that we receive it within seven working days of the day after the date that the item was delivered to you. The return address is:

Surgical Holdings
Unit 8 Parkside Centre
Temple Farm Industrial Estate
Southend-on-Sea
Essex SS1 3JJ
UK

For your protection, we recommend that you use a recorded-delivery service with sufficient insurance cover pro rata the value of the goods being returned.

Please note that you will be responsible for the costs of returning the goods to us unless we delivered the item to you in error, or if the item is faulty. If we do not receive the item back from you with the copy of advice note, we may arrange for collection of the item from your residence at your cost.

As soon as we receive notice of your cancellation of this order, we will refund the relevant part of the purchase price for that item. For more information on your right to withdraw from your purchase within the seven working day cooling-off period, visit the Department of Trade and Industry's Web site at:
http://www.dti.gov.uk/ccp/topics1/guide/homeshop.htm#cooling

Other Statutory Rights
For more information about your other statutory rights, please visit the Department of Trade and Industry's Consumer Gateway Web site at:
http://www.consumer.gov.uk/consumer_web/shopping.htm#4

4. Prices and Payments – Reservation of Title

Unless otherwise indicated prices will be in accordance with the Company's current price list, net of VAT – ex works. Carriage extra at cost.

We will email availability of goods in your confirmation email. Despatch times given in this email are not guaranteed dispatch times and should not be relied upon as such. As we process your order, we will inform you by e-mail if any products you order turn out to be unavailable.

Every effort will be made to maintain up-to-date price lists, but the Company reserves the right to alter prices without prior notification.

Not withstanding delivery and the passing of risk in the Items, or any other provision of these Conditions, the property in the Items shall not pass to the Buyer until the Company has received in cash or cleared funds payment in full of the price of the Items and all other Items agreed to be sold by the Company to the Buyer for which payment is then due.

Until such time as the property in the Items passes to the Buyer, the Buyer shall hold the Items as the Company's fiduciary agent and bailee, and shall keep the Items separate from those of the Buyer and third parties and properly stored, protected and insured and identified as the Company's property, but the Buyer shall be entitled to resell or use the Items in the ordinary course of its business.

Until such time as the property in the Items passes to the Buyer (and provided the Items are still in existence and have not been resold), the Company shall be entitled at any time to require the Buyer to deliver up the Items to the Company and, if the Buyer fails to do so forthwith, to enter upon any premises of the Buyer or any third party where the Items are stored and repossess the Items.

The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Items which remain the property of the Company, but if the Buyer does so all moneys owing by the Buyer to the Company shall (without prejudice to any other right or remedy of the Company) forthwith become due and payable.

The Company will be entitled to increase the price of Items the subject of an order, even after the order is placed, if the Company's costs are increased or the Company's ability to perform the contract is frustrated or in some way hindered, by virtue of circumstances amounting to force majeure and provided such force majeure is notified promptly to the Buyer.

5. Payment

We accept Visa, Visa Electron, MasterCard, Switch, Solo, cheques or postal orders (denominated in Pounds Sterling). For payments made on account, unless otherwise agreed, customers must settle accounts in full within 30 days of invoice (export non UK customers 45 days) in accordance with invoice values.

Time for payment of the price shall be the essence of the contract.

Should accounts not be settled by the due date the Company reserves the right to charge interest (both before and after judgement) at the rate of 1% per month (or part month) for so long as any part of the account remains overdue.

6. Insolvency of Buyer

This clause applies if:
  • the Buyer makes any voluntary arrangement with its creditors or (being an individual or firm) becomes bankrupt or (being a company) becomes subject to an administration order or goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction); or
  • an encumbrancer takes possession, or a receiver is appointed, of any of the property or assets of the Buyer; or
  • the Buyer ceases, or threatens to cease, to carry on business; or
  • the Seller reasonably apprehends that any of the events mentioned above is about to occur in relation to the Buyer and notifies the Buyer accordingly. If this clause applies then, without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to cancel the Contract or suspend any further deliveries under the Contract without any liability to the Buyer, and if the Goods have been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.

7. Warranties or liabilities

Subject to the conditions set out below and in clause 3 hereof the Company warrants that all items will correspond with their specification at the time of delivery. Surgical Holdings give a lifetime guarantee on faults as a result of poor workmanship.

The Company shall be under no liability in respect of any defect in any Items arising from any inaccuracy or insufficiency of drawing design or specification supplied by the Buyer at the time of ordering.

The Company shall be under no liability in respect of any defect arising from fair wear tear (including damage arising from inadequate maintenance) and from any modification or alteration made to any Item or Items.

The Buyer shall not sell Items on to another party without imposing upon that other party all restrictions and limitations upon liability contained or referred to in the conditions and such Items shall not be sold or nor shall the Buyer part with possession of any Items knowing that these Items will be used or sold in any territory governed by the laws of the United States of America or Canada. Failure to comply with this sub-condition will entitled the Company to be fully indemnified by the Buyer against all claims costs and liabilities arising from or relating to the use or purchase of the Items in the said territories.

8. Intellectual Property

The supply of any of the Items by the Company shall not giver the Buyer any rights whatsoever in respect of any intellectual Property here meaning patents, registered and unregistered trademarks, registered designs (in each case for the full period thereof and all extensions and renewals thereof), applications for any of the foregoing and the right to apply for any of the foregoing in any part of the world, confidential information, business names, brand names, copyright and rights on the nature of copyright and design rights and get up, used or enjoyed by the Company in connection with the Items.

9. Governing Law

This agreement shall be construed in accordance with English law and the Buyer submits to the jurisdiction of the English courts.

10. Waiver

Any failure on the part of the Company to take any action for enforcement of any contract in consequence of any breach of the Buyer shall not operate as a continuing waiver of the breach in question or prevent the Company from subsequently enforcing its rights in respect of any continuing or like breach

11. Severance

In the event that a court of competent jurisdiction should rule that any condition or any part of the contract is invalid, such conditional part thereof shall be severed from the contract and the conditions remain in force without such condition or part thereof

12. Our details

Surgical Holdings is the trading name for P.W Coole & Son Ltd.

This Web site is owned and operated by P.W Coole & Son Ltd.