Terms & Conditions
Posted on - 29th August 2022
This website is operated by Mistry Medical Supplies Ltd and below and the following terms and conditions apply to all transactions with Mistry Medical Supplies Ltd. The placing of an order indicates your acceptance of these terms and conditions. Please read them carefully and print a copy for future reference. If you require further clarification please call us on 01606 838240.
1. Acceptance of orders
All orders are accepted by the Mistry Medical Supplies subject to these conditions of sale. No variation of these conditions will be accepted unless previously agreed in writing.
New accounts for orders of pharmaceuticals or Prescription Only Medicines (POM) will require a GMC registered Doctor's signature when completing a practice account application form.
2. Customer’s Authority
Customers entering into transactions with Mistry Medical Supplies expressly warrant that they are authorised to accept and are accepting these Terms and Conditions not only for themselves but also as agents for and behalf of all other persons who are, or may become, interested in Mistry Medical Supplies’ goods, whether in whole or part.
3. Details and Specifications, Product Images
Whilst we endeavor to ensure all specifications are correct at the time of publication, manufacturers may sometimes make alterations after publication. As such we can accept no responsibility for incorrect information.
Mistry Medical Supplies reserves the right to alter specifications of any given product and to withdraw any item without explanation or notification.
Please note that all product images are for representation purposes, as provided by the manufacturers. For items with variations, manufacturers do not always have on file exact images of each configuration. It is the customer's responsibilty to verify particulars from the product description or to enquire with us if there are any doubts as to the specification or what is included with a pictured item.
4. Prices
Mistry Medical Supplies reserves the right to change any prices without prior notice.
Price of some products such as medicines may fluctuate on a daily basis and will not be aware of this, until we come to place the order with our suppliers. We will inform you of any increases before processing the order so you can decide whether you wish to proceed or cancel the order.
In the event that a product is listed at an incorrect price due to a typographical error or error in pricing information from our suppliers, we shall have the right to refuse or cancel any orders based on the incorrect price whether or not the order has been confirmed.
All prices quoted are subject to VAT at the prevailing standard rate. Organisations and individuals who are exempt from VAT, must provide a validated certificate at the time of ordering.
Customers qualifying for VAT Relief must complete a VAT Exemption Form. For more information contact HM Revenue & Customs Tel: 0845 302 0203
VAT Exemption Form can be supplied via email by contacting us. For VAT exemption, all of the criteria in hmrc Notice 701/6 must be met. You must be eligible for VAT relief, and you the product you are purchasing must also be in a category eligible for VAT exemption. There are penalities for making false declarations.
5. Payment
All non-credit account customers are required to pay Mistry Medical Supplies at the time of placing the order via credit or debit card, BACS transfer or cheque. If paying cheque or BACs, your order will only be processed once the funds have cleared into out bank account.
For credit account customers, payment of the invoice shall be due within 30 days of the invoice. In the event that the customer fails to pay any monies by the due date, Mistry Medical Supplies shall be entitled to charge interest on outstanding monies at the rate of 4% per annum over the base rate of Barclays Bank Plc. from time to time
6. Cancellation and Variation
No cancellation or variation by the customer of any order or part of an order submitted to Mistry Medical Supplies shall be valid unless agreed in writing. Mistry Medical Supplies reserves the right to levy a cancellation or amendment charge. Mistry Medical Supplies reserves the right to cancel orders at our absolute discretion.
6a. Refunds
Should a refund be processed, the following applies:
You should allow 3-10 working days for the funds to appear back in your account, as the banks take this much time to process them. However we reserve the right to apply a credit up to 30 days after an order has been placed / a product returned to us for credit.
Delivery charges will not be credited unless an error was made on our part.
If an order over £100.00 ex. VAT was placed and free delivery was received, but an item is returned for credit, which brings the order to below £100. ex VAT, our standard carriage charge fo £5.75 ex. VAT will be applied should the refund be processed.
If an order is placed for items that are subject to long term manufacturing problems and are not available so the order comes to below £100 ex. VAT, then we will contact you to confirm whether the order should be cancelled or if required a carriage charge can be applied instead.
7. Delivery
We reserve the right to remove free delivery on any order at our discretion.
Due to the nature of products that we supply, all deliveries are sent via signed for service and require a signature on delivery. In the event that nobody is on the premesis to sign for it, a calling card will be left so that you can arrange a re-delivery.
Every effort is made by the Mistry Medical Supplies to deliver the goods within 28 days of order. However, any delivery dates specified are approximate only.
8. Title and Risk
Title in the goods shall only pass to the customer when payment in full has been made to Mistry Medical Supplies .
The risk in goods sold to the customer shall pass to the customer upon tender for delivery.
9. Restriction of Liability
All goods must be checked by the customer at the time of delivery as signature of a consignment note without endorsement may constitute acceptance. A delivery note is sent with the goods Any descrepancies must be reported to us within 48 hours of delivery by telephone so we can investigate rectify the problem.
In the event that the customer is not satisfied with the goods, but the goods are not defective within the Sale of Goods Act 1979, Mistry Medical Supplies reserves the right to refuse the return of the goods in their absolute discretion.
10. Returns
Temperature controlled, pharmaceutical items and clinical dressings will only be accepted to correct defects and delivery errors. In such cases the goods must be stored according to manufacturers' instructions and seals must be unbroken and in-tact. The return of thermolabile products must be accompanied by a completed returns form issued by Mistry Medical Supplies.
If goods are accepted for return, the following procedure and conditions apply:
(a) The customer must telephone Mistry Medical Supplies on 01606 838240 to advise the reason for return within 7 days of delivery.
(b) Confirm in writing no later than 7 days from the date of delivery, the intention to seek a return of goods.
(c) The customer is responsible for postage costs and courier costs to return the item to us. If you need assistance with this we can quote a price to arrange collection, however we do not accept responsibility for damages, caused by inadequate packaging / poor labelling.
(c) Goods must be returned in their original condition and in orignal packaging, and must be accompanied by a copy of the original invoice. Goods not in orignal packaging may incur a restocking charge dependent on the type of product.
(d) Mistry Medical Supplies reserves the right to raise a reasonable restocking charge / handling / admin charge to cover processing costs
(e) Under no circumstances will goods be accepted for return if they are damaged, subject to improper handling or abuse, have been partly opened or used or the seals and labels have been removed or tampered with.
(f) Mistry Medical Supplies accepts no responsibility for goods lost or damaged during transit.
In the event that an item is defective within the meaning of the Sale of Goods Act 1979 Mistry Medical Supplies reserves the right to replace or repair the goods as an alternative to refunding the price, at its' absolute discretion.
Non-Returnable Products
We regret that we cannot accept returns of various non-faulty products for credit as follows:
- Products that have been specially manufactured to order eg bespoke furniture
- Products that have been personalised, by engraving or in a similar way
- Some products that are non-stock items and have been ordered in specially
- Thermolabile products such as vaccines that have been ordered in error
- Pharmaceutical products ordered in error which have not been reported within 24 hours of delivery
Please check with us, before placing your order if unsure. We do not set out to charge a restocking fee, however if our suppliers charge us then we have no choice but to pass the costs on. We do our best to minimise any costs which may arise.
Mistry Medical Supplies shall not in any event be liable for indirect or consequential loss or damage however caused including without limitation loss of profits, of use, overhead costs, collateral damage or of contracts arising out of the supply or failure of supply by the Mistry Medical Supplies and whether arising from breach of contract or negligence.
11. Carriage Charges
Standard shipping and handling charge of £5.75 ex VAT applies to orders under £100.00 ex VAT to mainland UK (excludes highlands and remote areas). Free delivery without minimum order value applies to NHS GP surgeries only in mainland uk (excludes remote areas).
12. Force Majeure
Mistry Medical Supplies will not be liable to the customer for any failure or delay in delivery of goods if it is due to any event beyond the reasonable control of Mistry Medical Supplies.
13. Applicable Law
These Terms and Conditions and the rights and obligations of the parties to the contract shall be governed, interpreted and construed solely in accordance with the Laws of England. The customer should not rely on any representations made by staff as they do not form part of the contract or collateral contract.
14. Company Details
Trading as: Mistry Medical Supplies Ltd, Unit 2 Valley Court, Sanderson Way, Middlewich, Cheshire, CW10 0GF
VAT Number: 921 9913 12
Company Registration Number: 06078259
Wholesalers Dealer's Authorisation: WL31315
(Issued by the MHRA - Medicines & Healthcare Products Regulatory Agency)