1. All contracts for the supply of goods ("Goods") by
EDU-LAB Ltd to a customer ("the Purchaser") will be
subjected to the following terms and conditions and in
dealing with EDU-LAB Ltd the Purchaser accepts that
these terms and conditions shall apply to any Contract
between the parties in preference to the Purchaser's
own terms and conditions (if any). Interpretation of
these terms and conditions and any contract to which
they shall apply shall be governed by English Law.
2. All goods are sold by EDU-LAB Ltd in accordance
with the standard specifications (if any) applicable to
such goods and subject to these Conditions of Sale
and no contrary stipulations by the Purchaser shall be
valid unless specifically authorised by us in writing.
3. Prices quoted by EDU-LAB Ltd are ex seller's
warehouse unless otherwise agreed in writing. The
Purchaser is responsible to effect whatever insurance
is required at the Purchaser's expense. Invoices are
payable on presentation. Prices are subject to change
without notice. In particular, EDU-LAB Ltd reserves the
right to vary quoted prices:
3.1 to conform to its price for similar goods at
the date of despatch;
3.2 to take account of changes in manufacturers'
costs or other costs between quotation and delivery.
4. All goods are offered subject to being unsold on
receipt of order.
5. EDU-LAB Ltd will accept returns of goods incorrectly
supplied provided we are notified within 7 days of
receipt of the goods. In the event of EDU-LAB Ltd
accepting back goods incorrectly ordered or correctly
delivered, EDU-LAB Ltd shall be free to make and
the Purchaser will pay a reasonable charge for all
expenses incurred as a result of EDU-LAB Ltd so doing.
CUSTOMERS ARE EXPRESSLY REQUESTED NOT TO
RETURN GOODS WITHOUT OBTAINING BOTH
AUTHORISATION TO DO SO AND INSTRUCTIONS ON
THE PACKING AND CARRIAGE OF SUCH GOODS.
Credit for goods returned can only be given, or
exchanges made, if written permission has been
obtained beforehand and if the returned goods are
in the original unopened containers and in saleable
condition.
6. Ownership of the goods remains vested in EDU-LAB
Ltd until fully paid for by the Purchaser. The risk in the
goods sold shall pass to the Purchaser at the point of
delivery to the Purchaser or to the delivery agent. It is
the responsibility of the Purchaser to request and pay
for the insurance of goods ordered.
7. Claims for goods lost or damaged in transit should
immediately be lodged with the carrier concerned.
EDU-LAB Ltd will not entertain any claim for non
delivery unless written notification is received by
EDU-LAB Ltd within seven days of receipt of invoice.
8. Under no circumstances whatsoever shall EDU-LAB
Ltd's liability (under contract tort or otherwise) to the
Purchaser exceed the invoice price of the particular
goods being the subject of the claim.
9. If the Purchaser sells or disposes of the goods,
the Purchaser holds proceeds of such sale or
disposal upon trust for EDU-LAB Ltd as security for
the payment to EDU-LAB Ltd of all amounts due to
EDU-LAB Ltd. The Purchaser will take such steps as
may be necessary to keep such proceeds separate
from other monies.
10. Without prejudice to any other remedies available
to EDU-LAB Ltd, if the Purchaser makes a voluntary
arrangement with its creditors or becomes subject
to an administration order or (being an individual or
firm) becomes bankrupt or (being a company) goes
into liquidation (other than for the purposes of
amalgamation or reconstruction), EDU-LAB Ltd shall
be entitled to cancel any agreement with the
Purchaser or suspend any further deliveries and if
the goods have been delivered but not paid for the
price shall immediately become due and payable
notwithstanding any previous arrangement.
11. Delivery dates provided by EDU-LAB Ltd are
indicative only and made without obligation. The
Purchaser accepts there will be no claim against
EDU-LAB Ltd for failure to deliver goods by any
specified date and that late delivery will not provide
grounds for cancellation of any order for goods
specially obtained for Purchaser's order.
12. The Purchaser accepts that all goods supplied by
EDU-LAB Ltd are to be used strictly in accordance with
the manufacturer's printed package insert supplied
with the goods or applicable at time of supply. The
purchaser agrees that any advice or assistance by
EDU-LAB Ltd staff is given in good faith and will not
be treated as a recommendation to adopt any
procedure contrary to the manufacturer's printed
package insert of catalogue or commonly accepted
Good Laboratory Practice.
13. The Purchaser accepts that EDU-LAB Ltd does not
routinely undertake Quality Control testing on goods
not of its own manufacture. The Purchaser accepts
that responsibility rests solely on the Purchaser to
determine that goods and procedures obtained
from EDU-LAB Ltd are suitable for Purchaser's own
purposes. The Purchaser agrees to hold EDU-LAB Ltd
harmless and indemnify EDU-LAB Ltd against claims
by all and any third party arising out of the use of the
goods whether these claims are the result of direct or
consequential damage.
14. The Purchaser accepts these Terms and Conditions
of Sale and the undersigned is authorised to sign
acceptance on behalf of the Purchaser.
