Last updated: 15th Feb 2019
In these conditions the following words shall have the following meanings:
‘Company’ means John McDowell Limited., trading as McDowell Pharmaceuticals at Altona Road, Lisburn, Co. Antrim, or any of the subsidiaries of that company.
‘Customer’ means the person, firm or company who accepts a quotation of the Company for the sale of goods whose order for the goods is accepted by the Company.
‘Goods’ means goods which the Company is to supply in accordance with these Conditions.
‘Contract’ means the contract between the Company and the customer for the purchase of goods.
‘FMD’ means The Falsified Medicines Directive.
Orders and Specifications
The Company reserves the right to make any changes in the specification of the goods which are required to conform with any applicable safety or other statutory requirements, or where the goods are to be supplied to the Company’s specification which do not materially affect their quality or performance. All prices quoted are subject to alteration without notice and are those operating on the day of despatch. VAT is not included in any price and will, when applicable, be charged on applicable products at the rate prevailing at the date of invoicing. Prices quoted are net and expressed in € Euro for each unit pack.
Data and Privacy
Please see our Privacy Statement which is published on our website (www.mcdowellpharm.com) and which forms part of this agreement. This will be updated from time to time and it is the responsibility of the Customer to periodically check for updates.
Usage and Risk
The Company shall be under no liability for any defect, which is due to accident, fair wear and tear, negligent use, tampering, improper handling, improper use, improper operation, improper
storage or any other default on the part of any person other than the Company. The Company shall not be responsible for the suitability of goods supplied by the Company when used otherwise than in accordance with instructions in writing supplied by the Company on product labels, Safety Data sheets or howsoever. In particular the Company shall not be liable for any consequential loss or damage, nor shall the Company have any liability in tort when our products are used in accordance with instructions supplied as aforesaid.
All accounts are due for settlement by the last working day of the month following the month of invoice. Overdue accounts shall carry interest at the rate of 2% above the Bank of Ireland base rate from the due date for payment until payment is actually made.
Title of Goods
The ownership of the Goods shall remain with the Company until payment due to the Company has been made in full by the Customer. If payment is overdue in whole or in part, the Company
may (without prejudice to any of its other rights) recover or resell the goods or any of them and may enter upon the Customer’s premises by its servants or agents for that purpose. Such payment shall become due immediately upon the commencement of any act or proceeding in which the buyer’s solvency is involved if such act or proceeding should take place before payment becomes due under the Contract. Notwithstanding that the ownership of the Goods shall remain with the Company until payment due to the Company has been made in full by the Customer, the risk of damage to or loss of the Goods shall pass to the Customer at the time of delivery. The scope of this Title of Goods includes all future orders and all Goods already ordered, but not yet paid for in full.