TERMS & CONDITIONS

CUSTOMER RIGHTS

Customer Charter:
Our customers are entitled to expect that we will:
• Ensure that all products and services are of the highest quality.
• Have reasonable quantities in stock of all products listed in the catalogue.
• Provide you with comprehensive information on all our products.
• Provide promotional materials which are a true and fair reflection of our products and services.
• Despatch products to you within one working day and ensure as far as possible that they arrive promptly and in good condition.
• Deal with your enquiries promptly and politely and follow them up within five working days.
• Continually strive to broaden our existing product range by developing new products through feedback and scientific developments.
• Respond immediately if you should complain and provide updated information weekly until the complaint is resolved.

Comments/Complaints:

To enable us to meet customer expectations, we welcome comments on any aspect of our products, services or operations. All complaints are handled in accordance with our standard operating procedures and are documented within our ISO9001 quality system. Please forward any comments/complaints to Customer Services, by e-mail, post, facsimile or telephone.

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PRIVACY STATEMENT

General Privacy Policy Statement:
This statement relates to our privacy practices in connection with this website.

Diagnostics Scotland™ fully respects your right to privacy. Any personal information which you supply to Diagnostics Scotland™ will be treated with the highest standards of security and confidentiality, in strict accordance with the Data Protection Act, 1998.

Diagnostics Scotland™, through its parent body the Common Services Agency for NHSScotland, has an entry in the Information Commissioner’s Register of Data Controllers, accessible from the Information Commissioner’s website at http://www.dpr.gov.uk. This entry lists the types of personal information we process, our purposes for processing the information and the people and organisations with whom we share personal information.

Collection of personal information through web site:
Diagnostics Scotland™ does not collect any personal data about you on this website, apart from information that you volunteer, either by emailing us or by using the online enquiry form.

Use of personal information collected through website:
Any information, which you provide by way of this website, is not made available to any third parties. It is used by Diagnostics Scotland™ only in line with the purpose for which you provided it and consistent with the general policy statement given above.

Collection and use of technical information:
This website does not use cookies, apart from temporary session cookies which enable a visitor’s web browser to remember which pages on this website have already been visited. A cookie is a small data file that certain websites write to your hard drive when you visit them. Cookies can contain user identification data. Visitors can use this website with no loss of functionality if cookies are disabled from the web browser.

Technical details in connection with visits to this website are logged/collected and used by our website host, Scottish Health on the Web (SHOW). For further information and a statement of policy regarding this information, please visit the SHOW site at http://www.show.scot.nhs.uk
Disclaimer:
Third party Internet sites that you can link to through this site are not covered by our privacy policy, so we ask you to take care when you enter any personal information on line. Diagnostics Scotland™ accepts no responsibility or liability for these sites as they are managed by organisations, companies or individuals that are not under the control of Diagnostics Scotland™. We provide links to these sites only as a convenience and the provision of this service is not an endorsement of these sites.

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TERMS & CONDITIONS:

Standard Terms and Conditions for supply of non-therapeutic products outwith UK NHS.
SNBTS' LIABILITY:
Diagnostics Scotland™ is a division of the Scottish National Blood Transfusion Service (SNBTS) which is a non-profit making statutory organisation. When SNBTS agrees to supply a profit-making organisation, that organisation profits indirectly from the supply and should, therefore, bear the risk of loss associated with the use of the products supplied. [The Customer is invited to visit SNBTS' premises to audit its quality assurance system]. Accordingly, SNBTS and the Customer agree that the Customer shall indemnify SNBTS for any loss (including loss or damage arising in consequence of the death or personal injury of any person and/or out of the negligence of SNBTS) it may suffer as a result of any claim made against SNBTS arising out of the supply and/or use of its Products.

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1. DEFINITIONS AND INTERPRETATIONS:
1.1 In these Conditions:-
"Conditions" - means the terms and conditions of sale specified herein and, unless the context otherwise requires, includes any special terms and conditions agreed in writing between SNBTS and the Customer;
"Contract" - means any contract between SNBTS and the Customer;
"SNBTS" - means the Common Services Agency for the Scottish Health Service constituted in terms of Section 10 of the National Health Service (Scotland) Act 1978 acting through its division, the Scottish National Blood Transfusion Service;
"Customer" - means the individual, firm, organisation, body or company contracting with SNBTS in accordance with the Conditions;
"Products" - means all Products which SNBTS is to supply to the Customer in accordance with the Conditions;
"Order" - means an order for Products.
"Supply" - means a supply of Products under a Contract.
1.2 The headings in these Conditions are included for convenience only and shall not affect the interpretation thereof.
1.3 Any reference in these Conditions to any provision of a statute shall be construed as reference to that provision as amended, re-enacted or extended at the relevant time.

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2. INTRODUCTION:
2.1 A Contract shall be governed by the Conditions to the exclusion of any other terms and conditions. Accordingly:
(i) the Conditions apply to the exclusion of the standard conditions of trading of the Customer; and
(ii) the Conditions apply to the exclusion of the prior communings of SNBTS and the Customer.
2.2 Any variations of the Conditions which the Customer may seek to impose shall not form part of the Contract unless specifically agreed to in writing on behalf of both parties.
2.3 In entering into the Contract the Customer acknowledges that any representations made and warranties given by SNBTS employees or agents are unauthorised and do not form part of the Contract and it does not rely on and waives any claim for breach of, any such representations or warranties.
2.4 Any advice or recommendations given by SNBTS in writing and enclosed with Products delivered to the Customer or otherwise communicated to the Customer as to the storage application or use of the Products is given as a guide-line only, does not constitute a representation or warranty and is followed or acted upon entirely at the Customer's own risk and accordingly SNBTS shall not be liable for any loss or damage arising from or occurring in connection with such advice or recommendation.

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3. SPECIFICATIONS:
3.1 Any description of the Products given in writing and enclosed with the Products or otherwise, is given by SNBTS by way of identification only and the use of such description shall not result in the sale of Products constituting a sale by description.
3.2 The Products are sold subject to all errors or mis-statements as to description, weight, quality, quantity, measurement number or otherwise and the Customer shall have no claim against SNBTS in respect thereof.
3.3 SNBTS reserves the right to make any changes in the specification of the Products which are required to conform with any applicable regulations, directives and standards issued by all applicable regulatory bodies or which do not materially affect the quality or performance of the Products.
3.4 Any sample of Products given or shown to and inspected by the Customer is given or shown to and inspected solely to enable the Customer to assess for itself the quality of the bulk and shall not result in the sale of the Products constituting a sale by sample.

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4. SUPPLY:
4.1 No Order submitted by the Customer shall be deemed to be accepted by SNBTS unless and until confirmed in writing by SNBTS's authorised representative.
4.2 SNBTS reserves the right to refuse to supply a Customer with all or any Products.
4.3 All Orders are accepted subject to the availability of Products. SNBTS has the right to make deliveries of Orders in part where delivery in full cannot be made.
4.4 The Customer shall be deemed to have accepted that the Products supplied by SNBTS are free from damage and defects and are in accordance with the terms of the relevant Order in all respects unless the Customer notifies SNBTS of any damage, defect or discrepancy within 24 hours of delivery of the Products in question.

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5. PRICE AND PAYMENT:
5.1 The price of the Products shall be the price agreed between SNBTS and the Customer for each consignment of the Products.
5.2 SNBTS reserves the right, by giving notice to the Customer at any time before delivery of the Products, to increase the price of the Products to reflect any increase in cost to SNBTS which is due to any factor beyond the control of SNBTS (such as, but without limitation, increase in the cost of labour, materials or other costs of manufacture) or to reflect any change in or delay caused by any instructions of the Customer or failure of the Customer to give SNBTS adequate information or instructions.
5.3 The price is exclusive of any applicable value added tax, which the Customer shall be additionally liable to pay to SNBTS.
5.4 Where SNBTS agrees to deliver the Products otherwise than at SNBTS's premises the Customer shall be liable to pay SNBTS's charges for transport, packaging and insurance.
5.5 The Customer shall pay in full an invoice raised in respect of a Supply within one calendar month of the day on which the invoice is raised or such later date as SNBTS may specify in writing. Interest on the unpaid amount of an invoice shall accrue from day to day from the date upon which such amount is due and payable until payment in full has been made and shall be payable on demand. Such interest shall accrue at the rate of 4 per cent per annum above the then base rate of the Bank of Scotland and shall be deemed to be an amount due in terms of the invoice.
5.6 The Customer shall not under any circumstances be entitled to withhold payment under any invoice, or to set-off any amount due under an invoice against any amount owed or alleged to be owed by SNBTS to the Customer.
5.7 The Customer shall be deemed to accept the total sum due specified in any invoice issued by SNBTS unless the Customer notifies SNBTS that it does not accept such a sum within 15 days of the date of invoice.

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6. DELIVERY:
6.1 Delivery of the Products shall be made by SNBTS to the premises of the Customer using its normal or usual means which it may from time to time determine.
6.2 Any dates quoted for delivery of the Products are approximate only and SNBTS shall not be liable for any delay in delivery of the Products whatsoever caused.
6.3 Where the Products are to be delivered in instalments, each delivery shall constitute a separate contract and failure by SNBTS to deliver any one or more of the instalments in accordance with these Conditions or any claims by the Customer in respect of any one or more instalment shall not entitle the Customer to treat the Contract as a whole as repudiated.
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7. RISK AND PROPERTY:
7.1 Risk in the Products shall pass from SNBTS to the Customer at the time of delivery to the premises of the Customer at which it was agreed delivery would be made or at the moment when the goods are delivered into the hands of the Customer's carriers.
7.2 The property in the Products shall not pass from SNBTS to the Customer until SNBTS shall have received payment of the full price of the Products.
7.3 Until such times as the property in the Products passes from SNBTS to the Customer, the Customer shall ensure that the Products are kept at the Customer's premises, that no security is granted over the Products, that the Products are at all times separate from other products, are clearly labelled as the property of SNBTS, and generally are stored in such manner as to be readily identifiable as the property of the SNBTS.
7.4 The Customer irrevocably authorises SNBTS, in the event that:-
(i) the agreed credit period expires without payment of the full price for the Products being made SNBTS; or
(ii) there occurs any of the events set out in condition 10; below to enter (without notice and at any time) into the premises at which the Products are stored, for the purposes of collecting and removing the Products and the Customer shall be responsible for all the costs and expenses incurred by SNBTS in so doing, and the Customer shall have no claim against SNBTS in respect of any damage caused by SNBTS in taking reasonable steps to gain, access to the Products for the purposes of their collection and removal.

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8. WARRANTY:
All warranties implied by statute or common law which may lawfully be excluded are hereby excluded. SNBTS accordingly disclaims all liability for loss or damage howsoever caused (including loss or damage caused by the negligence of SNBTS, its employees or agents) arising out of the purchase, possession, use or re-sale by the Customer of the Products provided that nothing herein provided shall exclude the liability of SNBTS for death or personal injury resulting directly from the fault or negligence of SNBTS, its employees or agents.

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9. LIMITATION OF LIABILITY:
If any Products delivered by SNBTS breach any warranties implied whether by statute or at common law, and SNBTS is found to be liable to the Customer, SNBTS's liability shall be limited to replacing the Products with products which conform to the warranty so breached.

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10. TERMINATION:
SNBTS may give summary notice orally or in writing to terminate a Contract upon the happening of any of the following events:-
(A) where the Customer is an individual or a firm:-
(i) the presentation of a petition or application for the appointment of a trustee, administrator, receiver or similar officer in respect of all or part of the estate or the Customer;
(ii) the Customer becoming, in the opinion of SNBTS formed on reasonable grounds, unable to pay its debts as they fall due;
(iii) the Customer becoming or being declared insolvent;
(iv) the Customer ceasing or threatening to cease to carry on business;
(B) where the Customer is a Company:-
(i) the making of an order, or the passing of a resolution, for the winding-up of the Customer (other than for the purpose of a reconstruction previously approved in writing by SNBTS);
(ii) the appointment of a receiver or administrator or similar officer or any property of the Customer;
(iii) the proposal of a voluntary arrangement under Part 1 of the Insolvency Act 1986 in respect of the affairs of the Customer;
(iv) the Customer becoming unable to pay its debts within the meaning of Section 123 of the Insolvency Act 1986;
(v) the Customer ceasing to or threatening to cease to carry on business;
(C) failure by the Customer to pay SNBTS on the due date any sums payable by the Customer to SNBTS under any other Contract.

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11. GENERAL:
11.1 Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing addressed to that other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.
11.2 No waiver by SNBTS of any breach of the Contract by the Customer shall be considered as a waiver of the subsequent breach of the same or any other provision.
11.3 If any provision of these Condition is held by any competent authority to be valid or enforceable in whole or in part the validity of the other provisions in question shall not be affected thereby.
11.4 The Conditions and any Contract shall be construed and given effect according to Scots Law.
11.5 The Customer hereby prorogates the non-exclusive jurisdiction of the Scottish Courts.

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