1. General

The conditions set out below are the only terms on which we do business unless a variation is specifically agreed in writing signed by a director of Credit Medic Ltd ("the Company"). If a client or a prospective client wishes to negotiate a variation of the conditions, either generally or in part the request should be made by letter, sent recorded delivery, addressed for the attention of the managing director of the Company at its registered office. By not sending such letter the client or prospective client acknowledges that he accepts these conditions and that any standard terms which may appear on any of his stationary shall be of no effect.
· All goods offered for sale are subject to remaining unsold

2. Price

· The Company reserves the right to vary the price if the costs of labour, material or other services beyond the control of the Company vary from that at the contract date otherwise orders will be invoiced at the price ruling at the date of order.

3. Payment

· Prices quoted are net and are payable before delivery. If requested, and subject to satisfactory credit rating, bank and trade references, the Company may agree that an account can be opened. Payments against accounts becomes due in full not later that fourteen days from invoice date. Unless otherwise agreed in writing the client shall pay the Company interest on all accounts at the rate of 3% per month above the current base rate of Barclays Bank Plc from the day that payment was due until payment is made in full.
· Notwithstanding any agreement for credit or course of dealing on credit terms The Company may at any time and without giving notice or reason revoke such agreement or terms without penalty.
· The title to all goods sold by the Company will remain vested in the Company until payment has been made. At anytime at the Company's discretion the Company may use its retention of title to recover goods not paid for in full from a client or third party. Should the goods not be available the Company may claim other goods of a similar value. On behalf of the Company its servants or agents may enter upon the clients premises for the purpose of repossessing the goods or goods to the same value as. If any money value difference is left after the Company has recovered the amount outstanding the balance will be returned less costs.
· Should default be made by the client in paying any sum due under order or contract the Company at its option shall be entitled either to suspend supplies until default is made good or treat such default as a repudiation of the contract in which case the client (without prejudice to any right which the Company may have to the return of any goods or the payment of any compensation or damages by the client) will pay the Company reasonable charges incurred in the course of any part performance of the contract by the Company.
· If the client owes any amount to the Company in respect of any purchases whatsoever contra account transactions will not be accepted.
· If the client is a Limited Company or other legal entity claiming limited liability and the client is unable to pay for goods and or services supplied for any reason whatsoever, including insolvency, the directors or partners of the Limited Company or other legal entity also become jointly and severally liable for the debt.

4. Delivery

· Delivery terms quoted are subject to confirmation after order and are at times subject to unforeseen delays over which we have no control. The Company whilst making reasonable effort to comply with the quoted date of delivery shall not be liable for any penalty, loss, injury, damage or expenses directly or indirectly consequent upon any delay or failure in delivery or performance by the Company or its agents or servants from any course whatsoever nor shall such delay entitle the client to cancel any order or refuse to accept or repudiate any contact for work to be done.

5. Exclusion

· The Company does not hold or warrant any goods or services as being fit for any particular purpose, whether made known to the Company or not and the client must not rely on the Company's skill or judgment in relation to the fitness of goods or services for any purpose. If the client requires assistance on the fitness of any goods or services for any purpose he should seek appropriate independent professional advice. The Company's staff are not authorized to express any opinion or make any representation as to the fitness of any goods or services for any purpose, and any such opinions or representations as may be expressed by them are not binding on the Company.

6. Liability

· The Company (subject as herein provided) undertakes to replace, correct or at its option credit the value of all goods or services supplied which are defective or otherwise not in conformity of contract subject to all of these conditions provided always the Company must be informed in writing of such defective goods or services and of the goods or services and requested to make such replacement or correction or give such credit within two weeks from collection or delivery of the goods or service.
· The Company's liability whether in contract, tort or otherwise in respect of any goods supplied by it shall be limited solely to the foregoing, and in no circumstances does the Company accept any further liability for any injury, damage or financial loss or for either direct or consequential losses howsoever or whenever arising. In particular, but without prejudice to the generality of the foregoing.

7. Limitation of liability

· If the Company carries out any work at the request of the client the Company's liability for any failure or breach of contract will be limited to the invoice cost of the work.

8. Cancellation

· Orders placed with the Company cannot be cancelled except with the Company's written consent and on terms which will indemnify the Company against any damage or consequential loss.

9. Guaranteed Services

· Where Credit Medic Limited makes a guarantee to put in place a particular arrangement or service ("Guarantee") to or for a company or individual ("Customer") that Guarantee shall be be binding upon the Company only if:

• 9.1 The Customer has at all times adhered to and complied with the specific instructions of the Company in all matters and to requirements of the Company in relation to the supply of documents in connection with the identification of the Customer to the satisfaction of the Customer's supplier and has done so promptly and without undue delay.
• 9.2 Where the Customer has adverse credit history the full details and extent of such history shall be made clear to the Company in writing at the time of making application for services to be provided by the Company to the Customer
• 9.3 The Company has made a charge to the Customer for the provision of the Services which are the subject of being Guaranteed and the Customer has paid in full for those Services.
• 9.4 The Customer has not witheld, misled or distorted in any way any facts pertinent to his application for Services.
• 9.5 The Customer shall allow the Company reasonable time to enable the Company to make alternative introductions where the Customer is declined until a minimum of four introductions have been completed on behalf of the Customer.

 

10. Refunds

· Credit Medic Limited will refund to the Customer an amount limited to the extent of any fee paid by the Customer to the Company where the Company fails in a reasonable time to provide the Service paid for by the Customer and where the Service not supplied is one which the Company has Guaranteed to the Customer only if:

• 10.1 The Customer has at all times adhered to and complied with the specific instructions of the Company on all matters and to requirements of the Company in relation to the supply of documents in connection with the identification of the Customer to the satisfaction of the Customer's supplier and has done so promptly and without undue delay.
• 10.2 Where the Customer has adverse credit history the full details and extent of such history shall be made clear to the Company in writing at the time of making application for services to be provided by the Company to the Customer
• 10.3 The Company has made a charge to the Customer for the provision of the Services which are the subject of being Guaranteed and the Customer has paid in full for those Services.
• 10.4 The Customer has not witheld, misled or distorted in any way any facts pertinent to his application for Services.
• 10.5 The Customer supplies the Company with no fewer than four letters of decline from four companies or institutions to whom the Customer has made application and to whom the Company has introduced the Customer such letters of decline to be dated within the time since the Customer paid the Company for the provision of the Services and the date of the claim for refund and to be dated not more than two months prior to the date of claim for refund.

11. Introductions

Where Credit Medic Limited provides for an individual or corporate entity a facility whereby the Customer makes direct application to a third party:

• 11.1 The Customer hereby acknowledges that he or she shall have no claim whatsoever against the Company in relation to any dispute, issue, disagreement nor any costs nor losses nor damages arising from said application or introduction or anything connected thereto.

12. Banking Facilities

· Where the Company is acting as intermediary in relation to provision of banking facilities whether in relation to a Company or on a personal basis the Customer accepts that unless a Guarantee is specifically stated in writing the Company makes no guarantee of being able to arrange such facilities and accepts that the arrangement of same is subject to status and entirely at the discretion of the bank or other financial institution to whom introduced and that any offer of service or product by a bank or other financial institution will be subject to their terms and conditions. Except where the Company has specifically stated a Service to be Guaranteed the client accepts that where the Company has used reasonable endeavours to arrange banking but the client has been rejected by the bank for any reason whatsoever then the Company shall be deemed to have provided the service in relation to banking to the full satisfaction of the client.

13. Performance of contract

· The Company shall not be liable in the event of the performance of any obligation accepted by the Company being prevented, delayed or in any way interfered with by either: -

a. An act of God, outbreak of war, either general or local riot or other civil commotion, strike, lockout, act or decree or any other act, matter or thing beyond our reasonable control; or
b. Non-delivery or non-performance by the Company's suppliers or damage, loss or destruction of the whole or part of the goods or work, the Company may at its option suspend performance or cancel its obligation under the contract without liability for any damage or consequential loss resulting there from such suspension or cancellation being without prejudice to the Company's right to recover all sums owing to it in respect of consignments delivered, or collected and costs incurred to date; or
c. By any cause beyond the Company's control.

14. Assignment

· The contract shall not be assigned by the client to any third party without the prior consent of the Company.

15. Patents

· The client is to indemnify the Company against any claim whatsoever for damages and or costs against all liability in respect of any infringement of trade mark, patent right, copy right or any other intellectual property resulting from compliance with the clients instructions express or implied.

16. Law and jurisdictions

· Subject to the above conditions the client shall not take legal action against the Company.
· The contract shall be governed by and constructed in all respects in accordance with English law and the client on entering into the contract submits to the jurisdiction of the English courts.
· Should any condition or part hereof become unenforceable for any reason whatsoever this shall be without prejudice to the remainder of these terms and conditions.
· The condition headings are inserted for convenience only and shall not effect the construction of these conditions.