Customer Service

For fastest response questions can be directed to info@SafetyHS.com





TERMS OF CONTRACT

Orders submitted via www.SafetyHS.com (SHS)(the "Website") are subject to the terms of contract and operational rules set out below (the "Terms").

Your order (if accepted) and these Terms (together with our current website prices, delivery details, contact details and privacy policy, form the basis of your contract with SHS for the sale of the goods (the "Contract") and you agree to be bound by them. These Terms govern the Contract to the exclusion of any other terms and conditions and no variation to these Terms shall be binding unless agreed in writing between authorized representatives of you and SHS.

In this Contract, the "Goods" mean the Goods listed on the Website and which SHS is to supply to you under the Contract (or any one of them) and any reference to "you" or "your" shall be deemed to be a reference to the person, body corporate, partnership, unincorporated association or other legal entity in whose name the order for Goods is submitted.

* 1. ORDERING

o 1.1 Your order for Goods must be placed by submitting a completed order form on the Website. Assistance with this may be provided by a member of staff from SHS. Once payment has been received by us we will confirm that your order has been accepted by sending an email to you at the email address you provide in your order form. Our acceptance of your order brings into existence a legally binding contract between you and SHS.

o 1.2 It is your responsibility to ensure the accuracy of your order and to ensure that the Goods meet your requirements. No order which has been accepted by SHS may be canceled by the Buyer except with the agreement in writing of SHS and on terms that you shall indemnify SHS in full against all loss (including loss of profit), costs (including the cost of all labor and materials used), damages, charges and expenses incurred by SHS as a result of cancellation. SHS may correct without liability any typographical, clerical or other error in any sales literature or other information or documents issued by it or placed on the Website.

o 1.3 If one or more of the Goods is unavailable at the time of despatching your order, SHS reserves the right to substitute items equivalent as to specification and quality at no greater cost to you. Should no such alternative be available for reasons outside SHS’s control, SHS reserves the right to remove the item from the order.

o 1.4 Each order submitted shall be treated as a new Contract. However, failure to pay in respect of one Contract shall entitle SHS without any liability to you to cancel or suspend delivery of Goods under all or any other outstanding Contracts.

o 1.5 All prices quoted in US Dollars are valid for seven days only.

* 2. GOODS

o 2.1 You are responsible for making sure you comply with all applicable laws, rules and regulations for the supply and use of the Goods. You agree to comply with any instructions supplied with the Goods in respect of their use and storage. Any advice or recommendation given by SHS or its employees or agents to you or your employees or agents as to the storage, application or use of the Goods which is not confirmed in writing by SHS is followed or acted on entirely at your own risk, and accordingly SHS shall not be liable for any such advice or recommendation which is not so confirmed.

o 2.2 SHS undertakes that, when it dispatches the Goods, there will be a reasonable time left prior to the expiry of any "use by" dates on the Goods. SHS accepts no liability whatsoever if, for whatever reason, the Goods are delayed in transit resulting either in the expiry of any of these "use by" dates or a significant reduction in the remaining shelf life of the Goods.

o 2.3 SHS reserves the right to make any changes in the specification of the Goods which are required to conform with any applicable statutory or regulatory requirements or, where the Goods are to be supplied to your specification, which do not materially affect their quality or performance .

* 3. PRICE

o 3.1 Payment of all sums due under this Contract shall be made after you submit your order but before it is shipped, subject to receiving the delivery quotation, either by credit card or by automatic bank transfer to SHS’s nominated bank account.

o 3.2 The price of the Goods is the price shown on the Website when you place your order. The price does not include transport, packaging or insurance costs, import or export duties, value added tax, sales tax, any government imposed taxes, or any charges incurred pursuant to Clause 4.5 for which you are additionally liable to pay SHS. The amount of these extra charges will depend on the method of delivery you have chosen and (with the exception of charges incurred pursuant to Clause 4.5) will be notified to you by our staff when you are contacted for payment prior to shipping.

o 3.3 SHS reserves the right, by giving written notice to you at any time before delivery, to increase the price of the Goods to reflect any increase in the cost to SHS which is due to any factor beyond the control of the Seller (such as, without limitation, any foreign exchange fluctuation, currency regulation, alteration of duties, significant increase in the costs of labor, materials or other costs of manufacture), any change in delivery dates, quantities or specifications for the Goods which is requested by you, or any delay caused by any instructions given by you or your failure to give adequate information or instructions.

o 3.4 If you fail to make any payment on the due date then, without limiting any other right or remedy available to SHS, SHS may:

+ 3.4.1 cancel the Contract or suspend any further deliveries to you;

+ 3.4.2 appropriate any payment made by you to such of the Goods (or the goods supplied under any other contract between you and SHS) as SHS may think fit (notwithstanding any purported appropriation by you); and

+ 3.4.3 charge you interest (both before and after any judgment) on the amount unpaid, at the current rate, until payment in full is made (a part of a month being treated as a full month for the purpose of calculating interest).

* 4. DELIVERY

o 4.1 While SHS will use its reasonable endeavors to meet any delivery dates given, delivery dates are estimates only and you should not rely on them. Time for delivery shall not be of the essence of the Contract. The Goods will be dispatched to the delivery address set out in your order. The Goods may be delivered in advance of the quoted delivery date. Where the Goods are to be delivered in installments, each delivery shall constitute a separate contract and failure by SHS to deliver any one or more of the installments in accordance with these Terms, or any claim by you in respect of any one or more installments, shall not entitle you to treat the Contract as a whole as repudiated.

o 4.2 You are responsible for complying with any regulations or legislation governing the importation of the Goods (including obtaining all necessary customs, import or other permits to purchase goods from our site) into the relevant country or destination and for the payment of any other duties on them. By ordering on the SHS website you acknowledge that the importation or exportation of certain of the Goods to you may be prohibited by certain national laws and SHS makes no representation and accepts no liability in respect of the export or import of the Goods purchased.

and in any event you shall indemnify SHS against all loss, damages, costs and expenses awarded against or incurred by SHS in connection with, or paid or agreed to be paid by SHS in settlement of, any claim for infringement of any patent, copyright, design, trade mark or other industrial or intellectual property rights of any other person which results from use by SHS of your specified packaging or labeling.

o 4.3 You undertake to inspect or to procure the inspection of Goods at the earliest opportunity after delivery (and in any event within 48 hours of delivery). Any claim for shortfall in the delivery of Goods must be notified in writing to SHS within 10 days of delivery. Failure to make any such claim within such a period shall constitute a waiver by you of all claims relating to non-delivery of Goods.

* 5. RISK AND OWNERSHIP

o 5.1 Risk of damage or loss of the Goods shall pass to you on dispatch.

o 5.2 Title in the Goods shall pass to you upon payment in full of all amounts owing by you to SHS whether under this or any other Contract.

o 5.3 Until such time as the title in the Goods passes to you, you shall hold the Goods as the fiduciary agent and bailee of SHS, and shall keep the Goods separate from those of SHS and third parties and properly stored, protected and insured and identified as the property of SHS, but you may resell or use the Goods in the ordinary course of your business. Further, until such time as the property in the Goods passes to you (and provided the Goods are still in existence and have not been resold), SHS may at any time require the Buyer to deliver up the Goods to SHS or its agent and, if you fail to do so forthwith, enter on any of your premises or the premises of any third party where the Goods are stored and repossess the Goods.

o 5.4 You shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of SHS, but if you do so all moneys owing by you to SHS shall (without limiting any other right or remedy of SHS) forthwith become due and payable.

* 6. WARRANTY AND LIABILITY

o 6.1 SHS warrants that, subject to the provisions of Clause 1.3, all Goods will correspond with your order. SHS will use all reasonable endeavors to obtain for you the benefit of any warranty or guarantee given to SHS by the manufacturers of the Goods. The Goods are not sold as being fit for any particular purpose.

o 6.2 Claims under Term 6.1 (that is, that the Goods delivered are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity) should be notified to SHS writing within 10 working days of the delivery of the Goods in question and the Goods should be properly packaged and returned to SHS at your own cost as soon as possible. SHS shall either replace or repair the Goods or refund the amount you paid for them. Failure by you to comply with this Term shall mean that SHS shall have no liability to you under Term 6.1

If you do not receive Goods ordered by you within the time agreed by SHS at the time of placing the order, SHS shall have no liability to you unless you notify SHS in writing within five working days of the date so agreed.

If you notify a problem to SHS under this condition, the only obligation of SHS will be, at its option, to make good any shortage or non-delivery or to replace or repair any Goods that are damaged or defective or to refund to you the amount paid for the Goods in question in whatever way SHS chooses.

o 6.3 SHS does not exclude liability for fraudulent misrepresentations. SHS excludes liability for all other representations (whether by its employees, agents or by any other person) made in respect of the Goods (other than representations made by SHS in writing). In entering into the Contract you acknowledge that you are not relying on any such representations that are not so confirmed.

o 6.4 SHS gives no warranty that the Website is free of computer viruses (by which it is meant any software device or thing that may corrupt, destroy, damage, impair with or otherwise adversely affect the operation of any computer or which may prevent or hinder access to any program or data). In using the Website you accept responsibility for ensuring the integrity of your own computer systems and that you have a suitable virus screening program in operation. SHS accepts no liability whatsoever in respect of any losses, claims, expenses, damages or costs incurred by you as a result of browsing or otherwise using the Website (whether as a result of importing a computer virus or otherwise).

o 6.5 Subject as expressly provided in these Terms, all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.

o 6.6 SHS will not be liable for any damages, costs or expenses payable by you to any third party; any loss of anticipated profits or expected future business; damage to reputation or goodwill; loss of any order or contract; loss of any data; or any other indirect or consequential loss of any kind.

o 6.7 Unless otherwise provided in these Terms, SHS’s entire liability under or in connection with this Contract shall be limited to 100% of the total amount paid by you to SHS under the relevant Contract.

o 6.8 Without prejudice to any other provision of this Clause 6, SHS will not be in breach of the terms of the Contract for any delay in performing, or failure to perform, its obligations under the Contract if that delay or failure was due to any cause or circumstance beyond SHS’s reasonable control. If SHS fails to deliver the Goods (or any installment) for any reason other than any cause beyond its reasonable control or your fault, and SHS is accordingly liable to you, SHS's liability shall be limited to the excess (if any) of the cost to you (in the cheapest available market) of similar goods to replace those not delivered over the price of the Goods.

o 6.9 Any advice or recommendation given by SHS or its employees or agents to you or your employees or agents as to the storage, application or use of the Goods which is not confirmed in writing by SHS is followed or acted on entirely at your own risk, and accordingly SHS shall not be liable for any such advice or recommendation which is not so confirmed.

* 7. RETURNS

o 7.1 Unless agreed in writing by SHS, goods will not be accepted for return unless for one of the following reasons:- + a) where there is a claim under Term 6.1 (in which case the provisions of Term 6.2 shall apply, + b) in response to a product or batch recall instigated by a manufacturer. In each case the following procedures shall be followed:

o 7.2 Returns to correct an error in delivery or (as to the nature or quantity of the goods delivered) or where packaging is damaged or when SHS has agreed in writing to accept a return for any other reason

+ 7.2.1 Returns to correct an error in delivery or (as to the nature or quantity of the goods delivered) or where packaging is damaged or when SHS has agreed in writing to accept a return for any other reason

+ 7.2.2 Goods must be in perfect original condition, not marked in any way or unsealed, and should not show any evidence of having been tampered with.

+ 7.2.3 In the event that either of the above conditions are not met, Goods will not be accepted for return except at the absolute discretion of SHS.

o 7.3 Returns in response to a product or batch recall instigated by a manufacturer

+ 7.3.1 The recall arrangements for a medicinal product are dictated by the product license holder. Customers will be contacted within 24 hours of SHS being notified of the recall. Goods will only be accepted according to the specific instructions and timeframe provided on the recall form.

+ 7.3.2 Goods must be clearly identified as returns relating to a product or batch recall + 7.3.3 Credit will only be issued as authorized by the ma

nufacturer concerned when specified by them.

o 7.4 Returns because Goods are alleged to be defective

+ 7.4.1 Term 6.2 shall apply and you shall also send a written report with details of the alleged fault.

+ 7.4.2 Term 6.2 shall apply and you shall also send a written report with details of the alleged fault.

o 7.5 SHS shall not be obliged and is not legally able to accept returns of pharmaceutical products except in circumstances set out in Terms 7.2 to 7.4. Exceptionally SHS may accept a return of pharmaceuticals in other circumstances but only for destruction and no refund or credit will be given.

* 8. INDEMNITY

o 8.1 You agree to indemnify SHS against any claim, loss, expense or damage suffered by SHS as a result of any claims brought against SHS by any third party (including without limitation individuals to whom you supply the Goods) for:

+ 8.1.1 any loss, injury or damage caused by the Goods or their use;

+ 8.1.2 any loss, injury or damage in any way connected with this Contract provided that this Clause will not require you to indemnify SHS against any liability for SHS's own negligence.

* 9. WITHDRAWAL AND USE OF GOODS

o 9.1 SHS may withdraw the sale or distribution of any goods generally supplied by SHS without prior notice, or liability, to you.

* 10. GENERAL

o 10.1 If any of these Terms is held by any competent authority to be unlawful, invalid or unenforceable in whole or in part then the validity of the other provisions of these Terms and the remainder of the provision in question shall not be affected thereby and shall continue to be valid and enforceable to the fullest extent permitted by law.

o 10.2 Any notices and communications to be served under the Contract shall, unless otherwise specified in this Contract, be sent by pre-paid registered post or air mail (as appropriate) to the address shown at the top of these terms (for SHS) or to the address shown in your order. Notices and communications will be deemed to be served on the second day after posting in the case of pre-paid registered post and the fifth day after posting in the case of communications sent by air mail.

o 10.3 The Contract and these Terms shall be subject to the laws of The United States and the parties agree to submit to the non-exclusive jurisdiction of the Courts.if there are any disputes between them of any kind.

o 10.4 Failure or delay by SHS to enforce at any time any of these Terms shall not be a waiver of SHS's rights and it shall not affect the validity of the whole or any part of these Terms or prejudice SHS's right to take subsequent action.

o 10.5 SHS shall be entitled to use contractors or agents in the performance of its obligations under the Contract.

o 10.6 Nothing in the Contract and/or these Terms shall create any rights for third parties under the Contracts (Rights of Third Parties) Act 1999. This does not affect any right or remedy of a third party which exists or is available apart from that Act.

o 10.7 SHS is providing this site on an 'as is' basis and makes no representations or warranties of any kind with respect to this site or its contents and disclaims all such representations and warranties. In addition, SHS makes no representations or warranties about the accuracy, completeness, or suitability for any purpose of the information and related graphics published in this site. The information contained in this site may contain technical inaccuracies or typographical errors. All liability of SHS howsoever arising for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.

o 10.8 All trade marks, brand names, product names and titles and copyrights used in this site are trade marks, brand names, product names or copyrights of their respective holders. No permission is given by SHS in respect of the use of any of them and such use may constitute an infringement of the holder's rights.

o 10.9 This Term applies if:

+ 10.9.1 you make a voluntary arrangement with your creditors or (being an individual or firm) become bankrupt or (being a company) become subject to an administration order or goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction); or

+ 10.9.2 an encumbrancer takes possession, or a receiver is appointed, of any of your property or assets; or

+ 10.9.3 the Buyer ceases, or threatens to cease, to carry on business; or

+ 10.9.4 SHS reasonably apprehends that any of the events mentioned above is about to occur in relation to you and notifies you accordingly.

If this Term applies then, without limiting any other right or remedy available to SHS, SHS may cancel the Contract or suspend any further deliveries under the Contract (or nay other contract then outstanding) without any liability to you, and if the goods have been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.