These conditions alone shall govern and be incorporated in every transaction between GS Medical Ltd (hereafter called the company) and a purchaser (hereafter called the customer) for the sale of the company’s products (hereafter called the goods).
All sales are subject to these terms and conditions and no others shall apply. Completion of an order on our website and acceptance by the customer of delivery of the purchased goods shall be deemed to constitute unqualified acceptance of these conditions. No variation or modification of these conditions shall bind the company unless agreed in writing by a Director of the company. The company is not obliged to accept any other conditions of sale from the customer.
Prices quoted on this website are shown exclusive of VAT or any other purchase tax duties, levies, or charges payable by the purchaser which shall be charged at the rate ruling at the date of payment. VAT at the current rate will be added to all invoices. GS Medical Ltd reserves the right to change prices without prior notice, in the event of currency fluctuations and/or manufacturer’s price alterations. GS Medical reserves the right to correct clerical errors or omissions.
GS Medical Ltd shall deliver all goods carriage paid to the address specified by the customer and shall endeavour to effect delivery within 7 days after the date of the order. The company shall not be liable to the customer for any loss or damage whatsoever sustained by the customer as a result of any failure to comply with any estimated delivery date.
The goods purchased shall be at the risk of the customer upon delivery, and the customer shall be responsible for insuring the goods for their full value from that time onwards.
Details and Specification
All illustrations on our website are non-binding and subject to change in design, form, and material. Up to date details can be checked when ordering, to avoid disappointment. Acceptance of the buyer’s order or any part thereof by GS Medical shall be signified by dispatch of the goods.
Terms of payment shall be met “in full upon placement of the order”. All order totals processed shall include VAT at the rate then in force and other charges applicable. GS Medical Ltd’s website currently accepts Visa and Mastercard payments via Realex or PayPal. All queries relating to payments must be made in writing to the company within 3 days of confirmation of the order.
GS Medical Ltd shall not be liable for damage or loss of goods in transit or for shortage on delivery unless notice in writing is given to GS Medical Ltd within 3 days of delivery of the goods. In the event of non-delivery, the customer must inform GS Medical within 7 days of the purchase date or advice of dispatch, otherwise, no claim will be considered after this time. Claims in respect of goods that have been incorrectly picked for delivery or do not conform to required specifications selected at time of order must be notified to the company within 3 days of receipt of goods. Save in exceptional circumstances, the existence of which the company alone shall determine, the company will not accept liability for claims in respect of any of the above matters, which are notified after the relevant time limit has expired. The customer shall not be entitled to return goods for credit unless it has complied with the company’s returns policy as stated on this website. The company reserves the right to recover its transport, storage or other costs reasonably incurred if for any reason the customer is not able to promptly accept goods tendered for delivery. The customer must sign for the delivery made. Consignments signed for will be taken as accepted in full and complete. Notification of errors or omissions must be made according to the terms listed in the company’s returns policy. All other notifications or omissions outside of the returns policy will only be investigated at the company’s discretion and without prejudice to the terms.
Retention of Title
The risk in the products passes to the purchaser upon delivery, but legal and beneficial ownership shall remain within GS Medical Ltd until full payment has been received or until prior resale, in which case GS Medical Ltd’s beneficial entitlement shall attach to the proceeds of resale or the claim for such proceeds.
Warranty and Liability
All goods are supplied with the product manufacturer’s warranty. Warranty covers goods supplied by GS Medical Ltd only, and does not extend to items belonging to the purchaser stored or contained therein. GS Medical Ltd warrants that the goods will be free from defects in workmanship or materials under normal use and service. No liability will be accepted under this warranty unless the buyer notifies the company in writing of any defects within 3 days from the date of delivery. GS Medical Ltd will at its option, replace or repair, free of charge, defective goods or any defective component. Beyond this, we accept no further liability. All goods supplied by the company must be stored in a suitable location and the company shall not be liable for any defects in the goods caused by abnormal or unsuitable conditions of storage. The company shall not be liable for any loss or damage sustained by the customer resulting from defects in the goods caused by fair wear and tear, fire, accident or from the customer’s wilful damage to, misuse of, or neglect of the goods, or from unauthorised installation, alterations to or repairs of the goods carried out by the customer or any third party, or from the customer’s failure to use the goods in accordance with their intended purpose or the company’s instructions. The company’s sole warranty obligations in respect of the goods are statutory, and any such product warranties shall be deemed to be incorporated in these conditions. Express warranties given by the company are given in lieu of all terms implied in relation to the goods by statute, common law or otherwise, which terms are hereby excluded. The company shall have no liability for any indirect or consequential losses suffered by the customer howsoever caused (except that nothing in these conditions shall be taken to exclude the company’s liability for death or personal injury resulting from its negligence).
Return of Goods
GS Medical Ltd is unable to accept return of goods unless they have been returned in accordance with its return policy as stated on this website. For goods to be accepted for refund, goods must be currently stocked and not a discontinued line. They also must be in perfect merchandisable condition and capable of resale and be completely without defect. Any such damage or defect will totally cancel any obligation by the company for any refund whatsoever. Goods are returned at the sender’s responsibility. GS Medical Ltd accepts no responsibility for goods lost or damaged during return transit. We advise that both certificates of postage and adequate insurance are sought. GS Medical will not refund postage.
The company shall not be liable to the customer for any loss or damage sustained by the customer as a result of any delay in performing or any failure to perform any of the company’s obligations under the terms of service where that delay or failure is due to any event or circumstance beyond the company’s reasonable control.
A waiver by either party of any of these conditions does not constitute a general waiver of such conditions.
In the event of an unresolved dispute or disagreement between GS Medical Ltd and the customer, the matter shall be referred to a mutually acceptable person for arbitration, such as an arbiter appointed by the President of the Law Society. It is a precondition of such arbitration that both parties accept decisions as mutually binding.
These terms, and all quotations, orders, and contracts arising thereon, shall be construed in accordance with the laws of the Republic of Ireland and shall be subject to the Jurisdiction of the law in force in the Republic of Ireland’s courts.