Terms and conditions

Before making an order please read and understand our terms and conditions of sale.

If you have any queries please call us on 0345 222 3550 (option 1)

1. ORDERS

1.1 These Terms and Conditions shall apply to all orders for goods (“the Products”) received by Ashtons Hospital Pharmacy Services Ltd (Ashtons) from non-contracted customers.

1.2 Each order for Products will be deemed to be an offer by the Customer to purchase the Products upon these Terms and Conditions (the ‘Order’). A contract shall not be formed until the customer’s order is accepted by the Company (the ‘Contract’).

1.3 All Contracts are subject to these Terms and Conditions. No variation of these Terms and Conditions will be accepted by Ashtons unless previously agreed in writing. Ashtons reserves the right to refuse any Order without providing a reason.

1.4 Orders will be accepted by telephone (0345 222 3550), by fax (0345 222 3551) or online.

1.5 Customers entering into transactions with Ashtons expressly warrant that they are authorised to place orders and accept these Terms and Conditions.

1.6 In the event that we are unable to supply the Products an alternative will be offered or a full refund will be given where payment has already been received by Ashtons for those Products.

1.7 Ashtons will endeavour to supply the Products as advertised but we reserve the right to alter specifications of any Product and to withdraw any item without notification. All images in our marketing material are for illustration and may not depict the actual Product supplied.

1.8 There will be a minimum order value of £100.00.

2. RISK & PROPERTY

2.1 The risk of loss or damage to the Products shall remain with Ashtons until delivery has taken place, provided that if the Customer fails to accept delivery then risk in the Products shall pass to the Customer from the time of attempted delivery.

2.2 Title to the Products shall pass to the Customer when payment in full has been made, though Ashtons acknowledges that the Customer shall be entitled to use the Products prior to the passing of title.

3. QUALITY

3.1 Ashtons shall use its reasonable endeavours to maintain sufficient stocks of Products to enable it to meet the Customer’s Orders as are notified to Ashtons. If Ashtons does not have sufficient stock to fulfil an Order in its entirety, it will promptly notify the Customer of such fact and give an indication of when it will be able to deliver such stock and the Customer will promptly notify Ashtons as to whether it wishes to proceed with such Order or part thereof.

3.2 Ashtons shall use its reasonable endeavours to ensure that, where possible, Products supplied to the Customer shall have assigned to the Customer the benefit of any warranty, guarantee or indemnity given by the person supplying the Products to Ashtons.

3.3 All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from this agreement.

3.4 The Products shall be properly packed and secured in such manner as to enable them to reach their destination in good condition.

3.5 Ashtons shall obtain and maintain in force all licences, permissions, authorisations, consents and permits needed to purchase, store, process and supply the Products in accordance with these Terms and Conditions.

3.6 Ashtons shall comply with all applicable laws, enactments, orders, regulations and other instruments relating to the packing, packaging, marking, labelling, storage, handling, transport and delivery of the Products.

4. PRICES

4.1 The price for the Products will be the price determined at the time of the order. Ashtons reserves the right to change any price without notice. Costs of packaging and carriage and any applicable sales tax or duty will be added to the price where relevant.

4.2 The Product prices are exclusive of amounts in respect of VAT. Ashtons will only charge VAT at the point of invoice on the Products if this is required by applicable legislation and H M Revenue and Customs guidance.

5. PAYMENT

5.1 A credit account may be available and application for a credit facility can be obtained by contacting us on 0345 222 3550.

5.2 For customers who do not hold a credit account payment is required in full before Products are despatched.

5.3 The Company accepts payment via Bacs, Credit/Debit card or cheques payable to Ashtons Hospital Pharmacy Services Ltd.

6. CREDIT TERMS

For those customers who have a credit account:

6.1 The Customer shall pay invoices in full within 28 days of the end of the month of invoice.

6.2 If the Customer disputes any invoice or other statement of monies due, the Customer shall immediately notify Ashtons in writing and, in any event, within 28 days of the invoice date. The parties shall negotiate in good faith to attempt to resolve the dispute promptly. Where only part of an invoice is disputed, the undisputed amount shall be paid on the due date.

6.3 Ashtons will be entitled, without limiting any other rights or remedies it may have, to suspend delivery of Products where any invoices are overdue from the due date for payment.

6.4 Ashtons reserves the right to charge interest on any late payment, accruing on a daily basis, at a rate of [4%] above the base rate of Barclays Bank from time to time, or otherwise (at its sole discretion and only where the Customer is not a consumer) at the rate provided by the Late Payment of Commercial Debts (Interest) Act 1998 and/or subsequent associated regulations.

6.5 Ashtons may, without limiting any other rights or remedies it may have, set off any amounts owed to it by the Customer against any amounts payable by it to the Customer.

7. CANCELLATION OF ORDERS

7.1 Ashtons will use its reasonable endeavours to meet an Order but Ashtons shall be under no obligation to accept cancellation or other amendment to any Order or any part of an Order once accepted by Ashtons.

7.2 Where such cancellation or amendment to an Order is agreed by Ashtons, it is on the understanding that a reasonable cancellation or amendment charge may be levied at the sole discretion of Ashtons.

8. DELIVERY

8.1 Ashtons standard delivery is Monday to Friday, excluding Bank Holidays. Ashtons will attempt to deliver next business day, for orders placed before 3.00pm. Delivery times cannot be guaranteed and Ashtons cannot accept any liability for failure to deliver within this time.

8.2 Ashtons ships every Order in line with the manufacturer’s recommendations using a secure courier.

8.3 Delivery of an Order of Products shall be complete on the completion of unloading the Order at the delivery location.

8.4 If the Customer fails to accept delivery of an Order on the delivery date, then, except where such failure or delay is caused by Ashtons failure to comply with its obligations under these Terms and Conditions:

8.4a risk in the Products comprising the Order shall pass to the Customer from the time of attempted delivery by Ashtons;

8.4b the Order shall be deemed to have been delivered on the delivery date; and

8.4c Ashtons may (at its option) store the Order until delivery takes place, and charge the Customer for all related costs and expenses (including insurance).

9. RETURNS

9.1 Unless agreed by Ashtons, Products will not be accepted for return unless one of the following reasons applies:

9.1a to correct an error committed by Ashtons,

9.1b in response to a product recall instigated by the manufacturer, or

9.1c where Products are faulty.

9.2 In each case the reason must be notified to Ashtons within three working days of the Customer receiving the Products or in the case of faulty Products within three working days of identification of the fault.

9.3 Products subject to temperature-controlled storage will only be accepted for return to correct a delivery or order error, no later than the next working day and must be stored in a fridge at the correct temperature until the return is made.

9.4 Products must be clearly identified as returns and the reason for return given to the Operations Manager of Ashtons before the return can be authorised by Ashtons.

9.5 Any non-delivery, late delivery or shortfall in delivery must be notified to Ashtons within three working days of the delivery date. Unless agreed by Ashtons, late delivery or shortfall does not entitle the Customer to reject the delivery.

10. FORCE MAJEURE

10.1 Neither party (or any person acting on its behalf) shall have any liability or responsibility for the delay or failure to fulfil any obligation under this agreement (save as to payment obligations) so long as, and to the extent to which, the fulfilment of such obligation is prevented, frustrated, hindered or delayed as a consequence of a Force Majeure Event.

10.2 A party claiming the benefit of this provision shall, as soon as reasonably practicable after the occurrence of any such event:

10.2a notify the other party of the nature and extent of such Force Majeure Event; and

10.2b use its reasonable endeavours to remove any such causes and resume performance under this agreement as soon as feasible.

10.3 For the purposes of these terms and conditions, a Force Majeure Event means an event beyond the control of a party (or any person acting on its behalf), which by its nature could not have been foreseen by such party (or such person), or, if it could have been foreseen, was unavoidable, and includes, without limitation, storms, floods, riots, fires, sabotage, civil commotion or civil unrest, interference by civil or military authorities, acts of war (declared or undeclared) or armed hostilities or other national or international calamity or one or more acts of terrorism or failure of energy sources.

11 LIMITATION OF LIABILITY

11.1 Nothing in these terms and conditions shall limit or exclude the liability of either party for:

11.1a death or personal injury resulting from its negligence or that of its employees, agents or subcontractors; or

11.1b fraud or fraudulent misrepresentation; or

11.1c breach of the terms implied by section 12 of the Sale of Goods Act 1979; or

11.1d its liability under the Consumer Protection Act 1987 for defective products (if any).

11.2 Subject to the remaining terms of this term 11, Ashtons’ total liability arising with respect to any Products supplied (or Orders for Products placed) shall be limited to the value of the Order in question.

11.3 Subject to term 11.1, Ashtons shall not be liable whether under these terms and conditions, in tort (including negligence), for breach of statutory duty or otherwise to the extent such liability is caused or increased by:

11.3a the actions or omissions of; or

11.3b Ashtons acting in accordance with the instructions of the Customer or any of its employees, agents or subcontractors.

11.4 Subject to term 11.1, Ashtons shall not be liable, whether under these terms and conditions, in tort (including negligence), for breach of statutory duty or otherwise, for any special, consequential or indirect losses including without limitation loss of profit, loss of business, loss of opportunity, loss of goodwill, loss of data or loss of contract.

12. SEVERABILITY

If any of these terms and conditions, or part or parts of them, is/are considered illegal, unenforceable, or not recognisable by law, the offending part(s) shall be amended to the extent necessary to make it/them legal and enforceable by law, or if not possible, removed, with the remaining terms and/or parts thereof continuing to have full force and effect.

13. GOVERNING LAW

These terms and conditions shall be subject to the laws of England and Wales and any disputes hereunder shall be referred to the exclusive jurisdiction of the English courts.

14. COMPANY DETAILS

Ashtons Hospital Pharmacy Services Ltd can be contacted at:

4 Dyke Road Mews 74-76 Dyke Road Brighton BN1 3JD VAT Registration No: 875 9719 54 Company No: 5643894