The Osprey Group, Unit 110 Bradley Hall Trading Estate, Wigan, Lancashire, WN6 0XQ, UK
North: 01257 425 623 South: 01869 252 015
sales@theospreygroup.co.ukIn these Terms:
• Company means Osprey Healthcare Ltd
• Customer means the person, firm or company purchasing the Goods or Services
• Client means the end user of the Goods (who may be the Customer or a third party)
• Goods means equipment, parts or other items supplied by the Company
• Services means installation, servicing, maintenance or other works
• Contract means any agreement for the supply of Goods or Services incorporating these
Terms
2.1 These Terms apply to all Contracts and override any terms proposed by the Customer unless
expressly agreed in writing by a Director of the Company.
2.2 Placing an order (verbally, electronically or in writing) constitutes acceptance of these Terms.
2.3 No variation shall be binding unless agreed in writing.
3.1 An order constitutes an offer by the Customer.
3.2 A Contract is formed only when the Company issues written acceptance or dispatches the Goods.
3.3 Quotations are valid for 60 days unless otherwise stated.
4.1 All prices are in Pounds Sterling (£) and exclusive of VAT.
4.2 VAT will be charged at the prevailing rate.
4.3 Prices applicable are those ruling at the date of delivery.
4.4 The Company reserves the right to correct clerical or typographical errors.
4.5 A minimum order charge of £10 applies to orders under £25.
5.1 Payment terms:
• Account Customers: 30 days net from invoice date
• Private Customers: Full payment is required in advance and must be received by the Company before the order is processed, goods are dispatched, or services are scheduled.
5.2 Time for payment is of the essence.
5.3 The Company reserves the right to charge interest and statutory compensation under the:
Late Payment of Commercial Debts (Interest) Act 1998
Interest shall accrue daily from the due date until payment in full.
5.4 The Company may suspend supply if payment is overdue.
5.5 The Customer shall pay all reasonable recovery costs incurred.
Any invoice or delivery query must be submitted in writing within 3 days of receipt. Failure to do so constitutes acceptance.
7.1 Delivery dates are estimates only.
7.2 The Company shall not be liable for delay in delivery.
7.3 If delivery is delayed by the Customer, the Company may invoice for the Goods (excluding undelivered services).
7.4 Risk passes to the Customer upon delivery.
8.1 Legal title remains with the Company until full payment of:
• The invoice amount; and
• All other sums owed by the Customer
8.2 Until title passes, the Customer shall:
• Store Goods separately• Keep them insured
• Not resell or modify them
8.3 The Company may enter premises to recover unpaid Goods.
Goods supplied on a Sale or Return basis:
• Will be invoiced upon delivery
• Credited if returned in saleable condition
• Subject to a 15% handling charge plus delivery/collection costs
Goods unsuitable for resale due to hygiene or clinical reasons will not be accepted for credit.
10.1 Deposits may be required.
10.2 Deposits are refundable upon cancellation by either party less actual costs incurred.
10.3 Special manufacture or customised Goods may not be cancelled once production has commenced.
11.1 The Company reserves the right to alter design or specification without notice.
11.2 Goods supplied may conform to revised specifications.
11.3 The Company may withdraw products without notice.
12.1 Warranty applies only to defects in materials or workmanship for the period stated in the quotation.
12.2 Warranty does not apply where:
• Goods are altered or serviced by unauthorised persons
• Operating instructions are not followed
• Goods are damaged, misused or improperly maintained
• The Customer’s account is in arrears
12.3 Replacement parts are covered only for the remainder of the original warranty.
12.4 The Company’s sole obligation shall be repair, replacement or refund at its discretion.
12.5 The Company shall not be liable for loss of use, inconvenience, or associated costs.
Servicing is not included unless expressly stated in writing.
14.1 Product compatibility is the Customer’s responsibility unless confirmed in writing.
14.2 Suitability for clinical use is solely the Customer’s responsibility.
15.1 Nothing excludes liability for:
• Death or personal injury caused by negligence
• Fraud or fraudulent misrepresentation
• Any liability which cannot lawfully be excluded
15.2 Subject to clause 15.1, the Company’s total liability shall not exceed the contract value.
15.3 The Company shall not be liable for:
• Loss of profit
• Loss of business
• Indirect or consequential loss
• Clinical decisions or outcomes
Statutory rights under the Consumer Rights Act 2015 (where applicable) remain unaffected.
The Company may terminate the Contract immediately if the Customer:
• Becomes insolvent
• Ceases trading
• Has a winding-up petition issued
All outstanding sums become immediately due.
The Company shall not be liable for delay or failure due to events beyond its reasonable control, including:
• Supplier failure
• Transport disruption
• Labour disputes
• Government action
• Pandemic or public health emergency
The Company reserves the right to charge for lawful disposal of electrical or other regulated equipment.
19.1 First orders will be supplied on a Pro Forma basis.
19.2 Credit facilities are granted at the Company’s discretion.
19.3 The Company may withdraw credit or cease supply without notice.
19.4 Outstanding debts may be referred to debt recovery agents and associated costs added to the account.
20.1 The Company complies with:
• UK General Data Protection Regulation
• Data Protection Act 2018
20.2 The Company acts as Data Controller.
20.3 Personal data may be processed for:
• Contract performance
• Legal compliance
• Legitimate business interests
• Credit control and debt recovery
20.4 Data may be shared with professional advisers, contractors, regulators or debt recovery agencies.
20.5 Data is retained only as long as necessary for legal and contractual purposes.
20.6 Customers have the right to access, rectify or request erasure of personal data and may
complain to the:
Information Commissioner's Office
These Terms are governed by the laws of England and Wales.
Nothing in these Terms affects statutory rights under:
• Sale of Goods Act 1979
• Unfair Contract Terms Act 1977
The Courts of England and Wales shall have exclusive jurisdiction.