Terms & Conditions

Terms

All merchandise will be billed at prices effective on the date of order, including out of stock items.

Prices are subject to change without notice due to market conditions, governmental price regulations, or changes in any applicable laws or regulations. Schultz Medical Ltd reserves the right to supply goods at the rate prevailing at the date of dispatch.

Terms & Conditions for Sale

The terms and conditions stated in this Sales Policy and Terms and Conditions of Sale (the “Terms and Conditions”) shall be the exclusive terms and conditions under which Schultz Medical Ltd is selling and the buyer (“Buyer”) is buying the items ordered (the “Goods”).

Acceptance of the Buyer’s order shall not constitute an acceptance of printed provisions on Buyer’s order form, or any other form or document supplied by Buyer, which are different from or in addition to the Terms and Conditions. Such different or additional terms and conditions are hereby expressly rejected and are rendered null, void and of no effect.

Prior courses of dealings, usages of the trade and verbal agreements, to the extent that they modify, add to, or detract from the Terms and Conditions, shall not be binding on Schultz Medical Ltd. The Terms and Conditions may not be modified, amended, waived, superseded, or rescinded, except by prior written agreement of Schultz Medical Ltd.

Acceptance of the Goods by Buyer shall be deemed conclusively to constitute Buyer’s agreement to and acceptance of the Terms and Conditions.

Payment Terms

Unless otherwise agreed by the buyer and Schultz Medical Ltd in writing, payment for all orders is required in full when order is placed. Schultz Medical Ltd may at its discretion extend credit facilities to the buyer. The standard credit facility is 30 days from the date of the invoice subject to approval by Schultz Medical Ltd Ltd. Schultz Medical Ltd Ltd at any time may suspend credit terms and request payment for goods prior to delivery. Schultz Medical Ltd reserves the right at its option, unless otherwise agreed in writing to charge 5% per month interest on all accounts which are overdue for payment. Without prejudice to the above clause Schultz Medical Ltd reserves the right, at its option, to suspend further supplies and any of its services should the buyer fail to make payment by the due date.

Quotations

Any quotations made by Schultz Medical Ltd will remain valid for the period stated in writing. If price variations occur within the validity period which are beyond the control of Schultz Medical Ltd, the quotation may be subject to change before or after the maturity date. In the event all quotations are E. & O.E. and are subject to acceptance. Schultz Medical Ltd reserves the right to withdraw any offer made on goods or contracts without notice and at any time before acceptance. Delivery dates on quotations are quoted on stock positions prevailing at the time of the quotations, and are liable to change without notice.

Requests for formal quotations shall be sent to our Preston, Lancashire Office. Quotations are for immediate acceptance and are valid for sixty (60) days.

Shipment of Goods

Schultz Medical Ltd will make every effort to deliver the order within the time period quoted (which will commence from the receipt of orders by Schultz Medical Ltd in writing). Schultz Medical Ltd accepts no responsibility or liability of any kind for failure to deliver within the time period quoted. If the delays in the completion of deliveries are beyond the control of Schultz Medical Ltd, the buyer will not be entitled to cancel the order or refuse delivery. Schultz Medical Ltd reserves the option to supply all orders in partial shipments and to invoice the same separately.

If the buyer is unwilling or unable to take or accept delivery after 14 days from being informed that the goods are ready to dispatch, the liability for loss or damage and risk to the goods shall pass to the buyer.

Schultz Medical Ltd will not be liable for any delivery or non-delivery due to reasons which are beyond its control. These reasons may include without limitations, restrictions by governments authorities, fire, flood, strike, industrial disputes, breakdown of machinery, explosions, war and delay in delivery by Schultz Medical Ltd suppliers or any other circumstances. Under any of the above, suspension, cancellation or extension of delivery may result at the direction of Schultz Medical Ltd.

Damage & Loss in Transit

Goods which are lost or damaged in transit will be replaced, repaired or the cost of the goods refunded at the option of Schultz Medical Ltd. Schultz Medical Ltd will not incur any liability further than the value of the goods irrespective of any damages or otherwise to the buyer. Any claims by the buyer regarding loss in transit will not be entertained unless reported in writing within 14 days from the date of invoice. Damage and short deliveries must be reported in writing within 3 days of receipt of the goods to the carrier and Schultz Medical Ltd. Any goods which are returned for replacement due to damage in transit must be done so carriage paid at the buyer’s expense, and Schultz Medical Ltd will reimburse any reasonable costs.

Schultz Medical Ltd shall not incur any liability what so ever for any direct, consequential, incidental or special damages ( including claims for loss profits or third parties claims arising out of or relating to, changes in delivery dates, delays in delivery, partial shipments or untimely performance) which may be incurred by Buyer.

Returns Goods Policy

All requests to return merchandise must be authorised by a Schultz Medical Ltd Customer Service Representative, who will prepare an authorisation for the return of the Goods (“Return Goods Authorisation” or “RGA”). The date of purchase and invoice number must be provided at the time the return request is made.

Shipments must have a RGA number affixed on each carton and be returned on a freight-prepaid basis. These instructions must be followed to avoid having the shipment refused.

Goods will not be accepted back for credit if: returned after 30 days from the date of invoice, are produced as specials, are discontinued lines, or have been used, or are modified or altered in any way. In any event written permission is required from Schultz Medical Ltd before any goods can be returned. Schultz Medical Ltd may refuse to accept back goods for credit, refund or replacement at its discretion. Any goods authorised for return by Schultz Medical Ltd are sent at the sender’s own risk. Schultz Medical Ltd will not be liable for goods which are not received by Schultz Medical Ltd due to non-delivery service the sender has used to return the goods. Insurance and carriage for returned goods is the responsibility of the sender.

The following types of merchandise cannot be accepted for return: A. Custom Made Instruments.

1. Special Orders.
2. Discontinued Products.
3. Implants or Sterile Products Not in Original Unopened Package.
4. Merchandise Held Longer Than 30 Days.

Warranty

The Buyer shall determine the application and suitability of the products which the Buyer purchases. Schultz Medical Ltd does not accept or imply any representation of use or suitability of any products it supplies. All surgical instruments supplied by Schultz Medical Ltd are guaranteed for 12months against faulty workmanship and materials. This guarantee does not cover consumable parts of any product or fair wear and tear. Cutting edges of products will deteriorate over time and are not covered by this warranty. Single use and disposable products are not covered by this warranty. Any surgical instruments purchased from Schultz Medical Ltd which are found faulty due to poor workmanship or material must be informed to Schultz Medical Ltd in writing. After inspection by Schultz Medical Ltd if the products are found to be faulty and are not the result of abuse, misuse, improper care or storage, inadequate maintenance, modification, (branded, stamped or etched), Schultz Medical Ltd will replace or repair the goods at its option. Any product found to be faulty must, after written acceptance from Schultz Medical Ltd, be returned to Schultz Medical Ltd carriage paid. Any products which are returned without written acceptance from Schultz Medical Ltd will remain at the buyer’s risk. Schultz Medical Ltd.’s liability is limited to repair and replacement only.

All surgical instruments are either supplied unmarked or branded with Schultz

Medical Ltd. Any items which the buyer brands him/herself or which Schultz Medical Ltd brands on the buyers behalf are not covered by this guarantee. The liability of any such products remains with the buyer. Schultz Medical Ltd will not in any circumstances be held responsible for any such products. Products which are produced from the buyers patterns, drawings, specifications etc., will not be covered by this guarantee if the materials, specifications etc. are at fault. Surgical instruments which are supplied by Schultz Medical Ltd are either supplied unmarked or branded: Schultz CE. Our brand does not imply any specific country of manufacture or origin, but is a brand mark for ascertaining Schultz Medical Ltd products which are produced to recognised standard of Schultz Medical Ltd.

Products and services which are provided by Schultz Medical Ltd for companies which Schultz Medical Ltd acts as a distributor/agent etc. and any products which are not produced by Schultz Medical Ltd will be covered by the guarantees of the represented companies and not by Schultz Medical Ltd. Similarly all risks for the represented companies will be the liabilities of those companies. Any product which is used in any manner for which it was not designated will automatically render this guarantee invalid.

The use of Schultz Medical Ltd products is limited to trained professionals and qualified Physicians only.

Any repair modification or alteration made to the Goods other than those made by Schultz Medical Ltd will render the warranty null and void.

Custom Devices

Schultz Medical Ltd may provide hospitals and surgeons with certain surgical devices and instruments customised, in whole or in part, to individual Buyer specifications.

Buyer shall not indemnify and hold Schultz Medical Ltd harmless against :- (1) All damages, costs, expenses or solicitors fees arising from claims of infringements of patents, designs, copyrights or trademarks.

(2) Any liability arising out of applicable state or local laws and regulations or rules. Schultz Medical Ltd further reserves the right to cancel any order at any time, without any liability or obligation to Buyer, of any Custom Device manufactured, sale, delivery, distribution or use of which, in the sole judgement of Schultz Medical Ltd:-

1. Infringe upon any patent, design, copyright or trademark.
2. Violate any applicable state or local law, rules and regulations.
3. Fail to comply with industry guidelines and standards of applicable associations and voluntary organisations.

Product Specification

All document literature, specifications and statements made or supplied by Schultz Medical Ltd or any company which Schultz Medical Ltd acts as an agent/distributor for are made in good faith.

Schultz Medical Ltd accepts no liability to any misrepresentations, errors or omissions therein. Due to continuous product development by Schultz Medical Ltd and the companies which Schultz Medical Ltd represents, specifications for any product may change without prior notice. Any products which have been greatly altered from the specification illustrated or listed will be advised to the buyer before supply. Schultz Medical Ltd reserves the right to discontinue products without prior notice.

Bankruptcy / Reservation of Title

In the event that the Buyer becomes insolvent, the goods sold against this contract remain Schultz Medical Ltd.’s exclusive property until all monies due to Schultz Medical Ltd are paid in full. If the buyer should commit any act of bankruptcy or if a petition or receiving order in bankruptcy should be made against him or a court order made or a resolution passed for the winding up (except for the purposes of reconstruction and amalgamation) or become unable to pay its debts, Schultz Medical Ltd will entitled to enter upon the buyer’s premises and to repossess any goods to which Schultz Medical Ltd has title to. The buyer will be liable for any damages to the goods and once the goods are in the buyer’s possession, will insure the goods against all risks.

The title of any goods or services supplied by Schultz Medical Ltd will remain with Schultz Medical Ltd until paid in full by the buyer.

Laws of Contracts

All contracts between the buyer and Schultz Medical Ltd will be construed and governed by English law.

Taxes

Applicable sales tax will be added to all prices, printed or quoted from our office or local representatives.

Representation

For the name, address and telephone number of your Schultz Medical Ltd sales representative, please contact our Preston, Lancashire office. Schultz Medical Ltd reserves the right to make changes and improvements, change specifications, prices and designs at any time without incurring obligation. All orders placed for Schultz Medical Ltd products are approved by the home office in Preston, Lancashire, United Kingdom. Schultz Medical Ltd sells predominantly single use Instruments for the healthcare market.