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Certikin UKCertikin International Limited - Terms and conditions for the supply of goods and/or services. INTERPRETATION1. 1 In these Conditions, the following definitions apply: Business Day: a day (other than a Saturday, Sunday or a public holiday) when banks in London are open for business. Certikin Products: goods manufactured by the Company and affixed with the Company's branding. Company: Certikin International Limited registered in England and Wales with company number 0. Conditions: these terms and conditions as amended from time to time in accordance with clause 1. Contract: the contract between the Company and the Customer for the supply of Goods and/or Services in accordance with these Conditions. Customer: the person or firm who purchases the Goods and/or Services from the Company.
Force Majeure Event: means an event beyond the reasonable control of the Company including but not limited to strikes, lock- outs or other industrial disputes (whether involving the workforce of the party or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers orsubcontractors. Goods: the Certikin Products and/or Third Party Products (or any part of them) set out in the Order. Goods Specification: any specification for the Goods, including any relevant plans or drawings, that is agreed in writing by the Customer and the Company. Intel lectual Property Rights: all patents, rights to inventions, utility models, copyright and related rights, trade marks, service marks, trade, business and domain names, rights in trade dress or get- up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know- how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.
Order: the Customer's order for the supply of Goods and/or Services, as set out in the Customer's purchase order form or via telephone or via the Website. Services: the installation and/or application and/or repair and/or maintenence of the Goods (if required and agreed) by the Company as set out in the Order. Third Party Products: goods manufactured and/or supplied by third parties and supplied by the Company as the third party's wholesale supplier or agent. Website: the website www. Company and any other website(s) operated by the Company from time to time, and as may be updated from time to time. A reference to writing or written includes fax but not e- mail. Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
BASIS OF CONTRACT2. The Order constitutes an offer by the Customer to purchase Goods and/or Services in accordance with these Conditions. The Order shall only be deemed to be accepted when the Company issues (at its complete discretion) written acceptance of the Order at which point and on which date the Contract shall come into existence. The Contract constitutes the entire agreement between the parties.
The Customer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of the Company which is not set out in the Contract. Any samples, drawings, descriptive matter or advertising issued by the Company and any descriptions of the Goods contained in the Company's catalogues, brochures or Website are issued or published for the sole purpose of giving an approximate idea of the Goods described in them. They shall not form part of the Contract or have any contractual force. These Conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing. Any quotation given by the Company shall not constitute an offer and may be withdrawn at any time and shall in any event lapse on the date 3.
GOODS3. 1 The Goods are described in the Company's pricelists and on the Website, as modified by any applicable Goods Specification, or as described in any applicable Goods Specification. To the extent that the Goods are to be manufactured in accordance with a Goods Specification supplied by the Customer, the Customer shall indemnify the Company against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other professional costs and expenses) suffered or incurred by the Company in connection with any claim made against the Company for actual or alleged infringement of a third party's Intellectual Property Rights arising out of or in connection with the Company's use of the Goods Specification. This clause 3. 2 shall survive termination of the Contract. The Company reserves the right to amend the specification of the Goods if required by any applicable statutory or regulatory requirements. DELIVERY OF GOODS4. Unless the Goods are to be collected by the Customer from the Company’s premises at Witan Park, Avenue Two Station Lane Industrial Estate, Witney, Oxon. OX2. 8 4. FJ or Premier Park Castle Gate , Oulton, Leeds, West Yorks.
LS2. 6 8. ZA or such other location as may be advised by the Company before delivery, the Company shall deliver the Goods at any time to the location set out in the Order or such other location as the parties may agree. Any dates quoted for delivery of the Goods are approximate only, and the time of delivery is not of the essence. Delivery of the Goods shall be completed on the Goods’ arrival at the Customer’s premises or other delivery address specified by the Customer or on completion of loading of the Goods at the premises from which the Customer is collecting the Goods (as applicable) and the Company shall not be liable for any delay in delivery of the Goods or performance of the Services that is caused by a Force Majeure Event or the Customer's failure to provide the Company with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods and/or Services. If the Company fails to deliver the Goods, its liability shall be limited to a refund of the price paid for the Goods. The Company shall have no liability for any failure to deliver the Goods to the extent that such failure is caused by a Force Majeure Event, the Customer's failure to provide the Company with adequate delivery instructions for the Goods, or adequate access for delivery or any relevant instruction related to the supply of the Goods.
If the Customer fails to accept or take delivery of the Goods within 3. Business Days of the Company notifying the Customer that the Goods are ready, then except where such failure or delay is caused by a Force Majeure Event or by the Company's failure to comply with its obligations under the Contract in respect of the Goods: (a) delivery of the Goods shall be deemed to have been completed at 9. Business Day following the day on which the Company notified the Customer that the Goods were ready; and(b) the Company shall store the Goods until delivery takes place, and charge the Customer for all related costs and expenses (including insurance). Any person accepting delivery at the Customer’s premises or agreed delivery address shall be deemed to have the Customer’s authority to accept the Goods. The. Customer shall be liable for any additional delivery charges if the Company is unable to deliver due to the Customer or any other person not being available to accept delivery. If 3. 0 Business Days after the Company notified the Customer that the Goods were ready for delivery the Customer has not accepted or taken delivery of them, the Company may resell or otherwise dispose of part or all of the Goods and, after deducting reasonable storage and selling costs, account to the Customer for any excess over the price of the Goods or charge the Customer for any shortfall below the price of the Goods.
The Customer shall not be entitled to reject the Goods if the Company delivers up to and including 5 per cent more or less than the quantity of Goods ordered, but a pro- rata adjustment shall be made to the Order invoice on receipt of notice from the Customer that the wrong quantity of Goods was delivered. Notification of non- delivery or damage to the Goods must be made in writing to the Company within three Business Days of the date when the Goods should have or have been delivered.
Damage caused in transit or non- delivery of the Goods (or any part of them) which is apparent by reasonable inspection on delivery must be notified immediately to the Company and recorded on the carrier’s paperwork at the time of delivery. The Company shall have no liability for non- delivery or delivery of damaged Goods unless notification if made by the Customer to the Company as prescribed by this clause 4. The Company may deliver the Goods by instalments, which shall be invoiced and paid for separately. If the Company delivers the Goods by instalments due to operational reasons or shortage of stock, the Customer will not be charged extra delivery costs for this. If the Customer requests that the Company deliver the Order in instalments, the Company reserves the right to charge the Customer additional delivery costs. Each instalment shall constitute a separate contract. Any delay in delivery or defect in an instalment shall not entitle the Customer to cancel any other instalment.
QUALITY OF GOODS5.