Please read the Company’s full terms and conditions below as these form the contract between the Company and the Customer.
To assist, a summary of some of the key terms of the contract are as follows:
| Clause number | Details |
| Clause 2.6 | Supply of all orders is subject to the availability of goods from the Company. |
| Clause 3.1 | Time is not of the essence for delivery of the goods |
| Clause 4.1 | The Company has no liability to the Customer for orders that are cancelled e.g due to lack of availability of product. Refunds will be provided where applicable. |
| Clause 4.4.3 | For bespoke orders on items that the Company does not routinely hold in stock a cancellation charge may be levied and the Company’s consent is required in relation to returns. |
| Clause 4.5 | The Company may, at its discretion choose not to accept Goods returned that do not comply with the Returns conditions e.g. are not authorised, are not in re-saleable condition or are returned after 30 days, if these are accepted they will incur a restocking charge, typically 25% of the cost of the Goods. |
| Clause 4.6 | The Customer bears the risk for the Goods which are returned, thus must ensure they are adequately packed for transit. |
| Clause 5 | Separate provisions must be complied with for the return of pharmaceuticals, see clause 5 for further details. |
| Clause 6.2 | Separate provisions must be complied with for the return of pharmaceuticals, see clause 5 for further details. |
| Clause 6.11 | A fee of £4.95 for delivery will apply to any UK order under £50.00, this is to support our green initiative. |
| Clause 9.1 | Risk in the Goods passes to the Customer at the point it takes delivery. |
| Clause 9.2 | Title in the Goods passes to the Customer once full payment for the Goods is received by the Company. |
| Clause 10.1 | Except as required by law, no warranty is provided with the Goods, save for normal manufacturer warranties which will be honoured by the Company with respect of replacement parts and labour (clause 9.2). |
| Clause 11.1 | The Company has no liability for indirect or consequential loss, including loss of profit under this contract. |
| Clause 11.2 | Any compensation or damages arising from a claim under this contract is limited to the contract price for the Goods forming the claim. |
| Clause 11.3 | Notification of shortage or breakage of Goods in transit must be notified by the Customer to the Company within 3 days of delivery of the goods. Alleged non delivery of Goods must be notified within 5 days of receipt of an invoice or statement of account, whichever is sooner. |
In these Terms and Conditions of business the following meanings shall apply:
2.1 These Terms and Conditions shall apply to and govern all contracts for the sale of the Goods by the Company to the Customer where the Goods are despatched by mail order or postal / courier delivery. Any purchase of Equipment by the Customer will be invoiced separately by the Company to the Customer and is governed by the Equipment & Service terms and conditions. All conditions of the Customer or other terms and conditions or warranties whatsoever, whether communicated before or after this agreement, are excluded from the contract or any variation thereof unless expressly accepted by the Company in writing, and the Customer's own conditions shall not in any circumstances be regarded as a counter offer.
2.2 The Company reserves the right to contact external credit reference agencies.
2.3 The exercise by the Company of any right pursuant to these Terms and Conditions shall be without prejudice to any other right available to it whether hereunder or under general law.
2.4 The Company is required to limit the sale of licensed products only to qualified healthcare professionals. The Company may request proof of a current, valid license at any time and we reserve the right not to ship licensed product for any reason. Customer shall inform the Company if at any time their license/registration expires and has not been renewed, or is limited, revoked, terminated, cancelled or is no longer associated with the Customer’s account.
2.5 The Company reserves the right to accept or reject any orders in its absolute discretion. If acceptance or rejection is not communicated within five working days after receipt of the order, the order shall be deemed accepted.
2.6 All orders and supply shall be subject to availability and the Company shall have the right to cancel and/or reject any order at its discretion. Any cancellation shall be notified to the Customer and refunds applied where applicable.
3.1 Delivery dates and times specified by the Company are approximate only. Unless expressly agreed by the Company in writing, time for delivery is not and shall not be deemed to be of the essence for this contract. The Customer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
3.2 If the Goods are sold and delivered to the Customer in instalments, each delivery shall constitute a separate contract, and failure by the Company to deliver any one or more of the instalments or any claim 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.
3.3 The Company will only deliver restricted goods (including but not limited to pharmaceuticals) and Equipment to an authorised dental practice address, which for the avoidance of doubt shall not include a residential address.
3.4 If you require something urgently we can despatch to meet your deadline, the following charges will apply Monday to Friday. For delivery by 10.30 am - £20 + VAT For delivery by 12.00 midday - £15 + VAT.
4.1 In accordance with clause 2.5 and 2.6 the Company shall have the right at its absolute discretion to monitor and/or cancel orders. The Company shall have no liability for cancelled orders. The Company shall notify the Customer within a reasonable time of the cancellation of the order and where applicable refund any payments made.
4.2 All Goods returns by the Customer must be approved by the Company. Unapproved returns will not be accepted or processed.
4.3 The customer can gain approval to return the Goods by the following means:
4.3.1 Email: customerservices@henryschein.co.uk
4.3.2 Tel: 0800 028 1533
4.4. Goods wrongly ordered or not required.
The following will be required / applied. We realise that from time to time you may order in error and as your supply partner we will assist you to correct the situation. We ask that you report any errors to our customer service department on 0800 0304169 within 3 days of receiving your order. After receiving a return authorisation number we ask that the product be promptly returned in saleable condition. Credit will be applied as noted below:
4.4.1 A Re-Stocking Charge of 15% will be applied and any cost of the Return of the Goods to the Company will be charged to the Customer.
4.4.2 No Refund of any handling or delivery charges applied to the Goods will be given.
4.4.3 We will be unable to accept the return of custom imprinted items or non-catalogue items ordered specifically for the customer. For expired product, product that cannot be returned to the manufacturer, or hazardous items (please call customer service at 0800 0304169 for assistance in identifying such items).
4.4.4 Goods can only be accepted for return, and the Customer will only receive a credit, if the original invoice can be traced.
4.4.5 Goods must be returned within 30 days of delivery to the Customer.
4.4.6 Goods returned must be in a condition suitable for re-sale, without damage to outer packaging, unused, and inclusive of all original packaging, operating instructions, guarantee card and accessories, as applicable.
4.4.7 Goods being returned must be lines stocked by the Company. The Company is unable to accept returns of ‘buy to order’ Goods which are obtained direct from manufacturers/suppliers, unless approval in advance is obtained in writing from the Company, by the Customer, and this occurs prior to delivery of the Goods. The Company reserves the right to raise a reasonable cancellation charge and to invoice the Customer for any restocking fee levied by the manufacturer / supplier.
4.4.8 Returns collections for the Goods will only be arranged from the practice or site that the Goods were originally delivered to.
4.4.9 Returns must be accompanied with a Returns Authorisation Number which can be obtained from Customer Services. The return authorisation number will ensure that your return is handled quickly and accurately.
4.5 Returns received that have not been authorised or do not adhere to the terms of this contract will be refused and no refund will be given. At the Company’s absolute discretion an exception may be made, however, this will incur a restocking charge which will be communicated to the Customer at the time the exception is made, (typically 25% of the cost of the Goods).
4.6 Goods which are returned and are damaged or lost in transit will not be credited by the Company as it is the Customer’s responsibility to ensure that the Goods are adequately packaged and labelled. The Customer bears the risk of returning the Goods.
4.7 Damaged or faulty Goods that may contain personal data on them should have all personal data permanently deleted before the Goods are returned.
4.8 Upon receipt of any returned Goods a credit will be provided at a sum equal to that which the Customer paid for the Goods, less any applicable restocking fee and no refund of any handling or delivery charge will be given.
4.9 Where a Customer places a large volume order of Goods, in excess of the Company’s normal retained stock items, the Customer shall not be entitled to rescind, vary, or cancel the Order without the prior written consent of the Company. All returns shall be at the full discretion of the Company.
4.10 The Company will be unable to accept the return of custom imprinted items or non-catalogue items ordered specifically for the Customer. For all expired product, product that cannot be returned to the manufacturer, or hazardous items (please call customer service at 0800 0304169 for assistance in identifying such items).
4.11 Customers are reminded that it is illegal to send contaminated goods through the post. To reduce the risk of cross contamination, instruments and equipment should be sterilised in line with the manufacturer’s instructions and details of the method of sterilisation used for the returned items should accompany them. Instruments containing mercury must be emptied and disposed of in a suitable authorised container before return. The Company reserves the right not to handle items or receive returns which do not meet these specific requirements.
4.12 The quality and accuracy of customer orders is important to the Company. Please check the order as soon as possible after delivery and no later than within 3 days. If for any reason you are not completely satisfied with your purchase please contact the customer services on 0800 0304169 or e-mail on info@henryscheinmedical.co.uk within 3 working days of receipt. Where items are received in unusable/damaged condition, the customer service team should be notified within 3 days of delivery at the contact details in 4.3 above. Thereafter, unless otherwise instructed, the Goods must be returned in accordance with the provisions of this Contract.
4.13 Product Recalls and Products Returned Under Complaint
4.14 Please do not return any goods before contacting our Customer Services Department on 0800 0304169 who will issue a Returns Note and arrange collection for you.
4.15 You can only return an item that has been used in any invasive procedure or been in contact with blood, other body fluids, respired gases or pathological samples or used in the treatment of HIV and/or Hepatitis viruses providing it has been decontaminated in accordance to HSG (93)26 and an audit trail is available for inspection of the decontamination process if required. A ‘Declaration of Contamination Status’ HSG (93)26 form must accompany the item. A separate form is required for each item being returned.
4.16 EXPORT ONLY - The Company cannot accept the return of goods that are exported outside of the UK & Eire, unless the Company has agreed to this and only where the Company has sent the wrong Goods to you or the Goods are faulty.
5.1 Pharmaceuticals will only be accepted for return by the Company where the reason for return is one of the following:
5.1.1 to correct an order error made by the Company;
5.1.2 in response to a product or batch recall, instigated by a manufacturer;
5.1.3 where the Goods are faulty or damaged in transit.
Please make certain that you have obtained a Return Authorization Number from our customer service team on 0800 0304169 or e-mail on info@henryscheinmedical.co.uk before returning these items. Any returned pharmaceuticals outside of the above categories will be destroyed by the Company as they have not been kept in a controlled environment and not returned to the Customer and no refund will be given to the Customer.
5.2 In all cases of approved returns of pharmaceuticals, the Goods must be returned by the Customer and received at the Company’s premises at Medcare North, Centurion Close, Gillingham Business Park, Gillingham, Kent ME8 0SB within 5 days of the invoice date.
6.1 The price to be paid by the Customer for the Goods shall be the sum(s) shown on the Company’s invoice(s) (“the Price”). The Price is exclusive of VAT, unless indicated otherwise. The Price shall be based on the sum quoted to the Customer in the Company’s price list, but the Company reserves the right to amend the Price at any time in its absolute discretion and to correct clerical errors or omissions.
6.2 The prices quoted in the Company’s price list for the Goods are in pounds sterling. Due to fluctuations in currency exchange rates the Company reserves the right to alter the prices charged to customers of the Goods outside the UK. Unless otherwise specifically stated, all prices quoted by the Company for the Goods are exclusive of Value Added Tax, which shall be due at the rate in force on the date of the Company’s invoice to the Customer.
6.3 In addition to invoicing for the Price of the Goods, the Company shall also invoice at cost for all packing, carriage charges, tax and duties on any order which is to be delivered outside of the UK, excepting Eire where a charge of €7.50 will be levied on any order less than €200.00, exclusive of any tax or duties in force at the date of despatch.
6.4 Orders placed with and sent directly from manufacturers will incur a carriage charge, which will be invoiced by the Company to the Customer in addition to the Price.
6.5 Payment of the Price to the Company is due on or before the Due Date by the Customer. Time for payment shall be of the essence and payment must be made without set-off or credit. Where the Customer wishes to make payment by credit card, full payment for the Goods must be made at the time of the order. For Wholesale and Export Customers, alternative payment terms may be agreed direct by the Company with its Wholesale and Export Customers, as payment in advance may be required for Goods, or bespoke credit terms may be agreed in writing.
6.6 This contract applies to the purchase by the Customer of the Goods from the Company and in relation to the supply of any spare or replacement parts for the Goods. The Company reserves its right to impose a charge for site visits by the Company’s service engineers to attend the Customer’s premises to repair the Goods.
6.7 If the Customer purchases Equipment from the Company the payment terms will be confirmed in the terms & conditions applicable to the order for the Equipment and supplied at the time of quotation. Any such payment terms take precedence over the standard payment terms quoted on the Company’s invoices.
6.8 Where the Goods are delivered in instalments the Company may invoice each instalment separately and the Customer shall pay all such invoices in accordance with this agreement.
6.9 If the Customer is in default in paying any sum as it falls due, the Company shall have the right to suspend all further deliveries of the Goods or any Equipment orders until full payment is received and/or to cancel the contract in respect of any Goods not yet delivered. Additionally, outstanding payment for the Goods supplied to the Customer shall become immediately due and owing, whether previously invoiced or not.
6.10 In the event that the Customer fails to pay any monies by the due date, the Company shall be entitled to charge interest under the Late Payment of Commercial Debts (Interest) Act 1998 unless the Customer is a consumer within the meaning of the Unfair Terms in Consumer Contracts Regulations 1999 in which case interest at the rate of 4.5% per annum will apply, until full payment is received. The Customer shall also indemnify the Company against expenditure on all costs of recovery including without limitation all legal fees, costs and disbursements reasonably incurred. Any banking charges incurred by the Company in respect of dishonoured cheques will be payable by the Customer.
6.11 A small order carriage charge of £4.95 per order will be charged on all orders purchased by the Customer in the UK with a cumulative value of under £50.00 and a small order charge of €7.50 will be levied in Eire on any orders with a cumulative value of under €200.00.
6.12 WHOLESALE ONLY - For Wholesale Customers a charge will be made for any temperature controlled or palletised orders, the cost to be agreed with the Wholesale Customer prior to delivery. Wholesale Customers are permitted to organise their own transport or freight, provided they meet the cost of this and accept that risk in the Goods passes at the point the Goods are loaded into the transport organised by the Wholesale Customer.
6.13 In the event that the Supplier’s fuel or freight charges increase by more than 2% for any consecutive 10 day period or more the Supplier reserves the right to pass on this additional cost to its Customers.
Monthly leasing prices are subject to status and credit approval.
8.1 All Discounts exclude VAT.
8.2 Only recipients of promotional offers are eligible for discounts. Government funded institutions are not eligible for certain promotions.
8.3 There are some Goods where discounts and rebates will not apply, including, but not limited to, pharmaceutical and licenced Goods, Equipment, spare parts, sales of Goods to Wholesale Customers etc.
9.1 Transfer of risk in the Goods occurs at the point the Customer takes delivery.
9.2 Title in the Goods or any part thereof shall only pass to the Customer following receipt by the Company of full payment for the Goods in cleared funds, by the Customer.
9.3 Prior to title in the Goods passing, the Customer shall permit, so far as it is able, and shall use its best endeavours to assist any officer, employee, representative or agent of the Company to enter onto any premises where the Goods may from time to time be situate and to repossess the Goods and until such time as title passes the Customer shall hold the Goods as the Company’s fiduciary agent and bailee.
10.1 Subject as expressly provided in these Conditions and except where the Goods are sold or services provided to a person dealing as consumer within the meaning of the Unfair Terms in Consumer Contracts Regulations 1999 all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permissible by law.
10.2 Where the Goods are supplied to the Company with the benefit of a warranty from the manufacturer, that warranty will continue to apply to the Goods following sale to the Customer, whether the Goods are sold individually or as a package. If alleged defects in the Goods prove to have been caused by incorrect operation, cleaning or handling or other improper use, the Company reserves the right to charge for service calls to deal with any repairs of the Goods or refuse a refund if requested. In all other respects the Company will provide replacement parts for the length of the manufacturer’s warranty, and labour free of charge for a period of 3 months from the date of delivery.
10.3 Where products are listed as alternative and/or companion products on the Company’s website - The Company makes no warranty and offers no liability in respect of the fitness for purpose of the 'alternative products' as suitable substitutions for the product, or the compatibility of the 'companion products' to work with the product and the Customer should undertake its own reasonable investigations to ensure the suitability of these items for the Customer's intended purpose.
10.4 The Customer shall be responsible for ensuring that all statutory governmental regulations, local authority regulations, operating instructions and safety precautions are complied with in relation to the Goods supplied by the Company. Products are authorised for sale in the United Kingdom; Customers in other locations may be subject to local restrictions.
10.5 Equipment and computer products that require installation and warranty/support services thereafter are subject to additional terms and conditions and any manufacturer warranty will be explained to the Customer at the time of purchase. Please note, however, that the terms of the manufacturer warranty and liability in respect of the same remain with the manufacturer direct.
11.1 The Company shall not in any event be liable for indirect or consequential loss or damage, being loss or damage which does not directly and naturally flow from the supply of the Goods or materials to the Customer, including, without limitation, loss of profits, of use, overhead costs, collateral damage or of contracts arising out of the supply or failure of supply of the Goods or services by the Company to the Customer (other than liability for death or personal injury resulting from the negligence of the Company) and whether arising from breach of contract, negligence or for any other liability howsoever arising, whether by statute or otherwise.
11.2 In all other cases (being cases of direct and natural losses or damage) it is specifically provided and agreed that the compensation and damages payable under any claim or claims arising out of the contract between the parties under whatsoever pretext shall not under any circumstances amount in aggregate to more than the contract price of the Goods and/or services forming the subject of the claim or claims.
11.3 No liability for such direct losses shall attach to the Company unless details of such losses are notified to the Company in writing within 7 days of the date of delivery of the Goods, or the date of the event giving rise to such loss if it is not apparent upon the date of delivery. In cases of alleged shortages or breakages, claims must be notified to the Company within 3 days of delivery of the Goods by the Company. Alleged non-delivery of the Goods must be notified in writing to the Company within 5 days of receipt of either the invoice for the Goods or a statement of account, whichever is the sooner.
11.4 For the avoidance of doubt, nothing in this agreement shall confer on any third party any benefit or the right to enforce any term of this agreement without the expressed written consent of the Company.
Sales of small equipment will be covered by the manufacturer’s warranty. Outside of the warranty period we will be happy to provide a quote.
These Terms and Conditions and the rights and obligations of the parties to the contract shall be governed, interpreted and construed solely in accordance with the Laws of England.
The Company shall not be liable to the Customer or be deemed to be in breach of any provision of these terms by reason of any delay in performing, or any failure to perform any obligation under this Agreement if the delay or failure was due to circumstances which the Party could not avoid and the consequences of which it was unable to prevent.
Henry Schein UK Holdings Limited is authorised and regulated by the Financial Conduct Authority and is entered on the Financial Services Register under firm reference number 708571. Henry Schein UK Holdings Limited is a credit broker and not a lender. Our Complaints Procedure is available on request.