Terms & Conditions
All trading transactions are covered by these terms and conditions unless otherwise agreed in writing.
1) Dr. Henke Medical Training + Education, registered in Germany, hereby referred to as ‘Dr. Henke MTE’ or ‘our’ or ‘we’ reserves all rights to our Intellectual Property (IP) including but not limited to; brands or trading names, logos, proprietary user guides, manuals, equipment design, web site design, brochure design in printed and/or electronic format, designs protected under registered trade mark or copyright or license, system modifications or accessories, software, educational and/or other forms of training scheme, production methods or any other proprietary operational processes as well as anything deemed to be confidential information – are not permitted to be used, copied, modified or distributed in any way whatsoever without our written consent. We shall aggressively defend our IP to the full extent of UK and International law.
2) Unless confirmed otherwise in writing on an order-by-order basis, we do not accept conditions of purchase including the verification of pricing for Purchase Orders.
3) All prices are as per our current price list or, where appropriate, as advised under specific separate written quotation or contract. Our prices are subject to influence by external factors that are often beyond our control such as but not limited to currency exchange rates and 3rd party vendors of parts/software incorporated to our products/processes.
4) Unless otherwise quoted/invoiced on a special case basis all prices are Euro (EUR), ex-works Dr. Henke MTE, + VAT where applicable.
5) All new and non-UK accounts are supplied on a pro-forma basis. Orders will not be processed without receipt and clearance of full payment.
6) Approved credit accounts are accepted to the following terms unless agreed otherwise in writing: Payment by end of month following 30 days of invoice date.
7) Overdue amounts beyond 60 days of invoice date will incur interest charges of UK Base Rate + 3% per month, charged on a daily basis until all outstanding amounts (including costs/charges) are paid by receipt of cleared funds. Notice of this clause being invoked will incur a £40 admin charge per invoice overdue.
8) Accounts trading 90 days beyond agreed credit terms will be automatically suspended without prior notice and conditions #9 and #10 applied.
9) We reserve the right to seize stock while at our premises to hold in lieu of outstanding amounts until such outstanding amounts and any associated charges are cleared.
10) Any items including but not limited to goods, parts, products, equipment, software and other such materials supplied by Dr. Henke MTE remain the property of Dr. Henke MTE until payment is received in full. Where necessary, in case of non-payment we reserve the right to retrieve any items we hold title to and charge for any costs for such retrieval
11) We reserve the right to alter and/or change any specification and/or prices for any services, systems or products that we supply without prior notice.
12) All claims for damaged goods during transit, short or incorrect delivery must be notified in writing and received by Dr. Henke MTE within 7 working days of dispatch. Claims received after this time will not be accepted.
13) Payments by bank transfer must be made to include all bank and other transfer charges to the payee a/c.
14) Any orders requesting dispatch without specific instructions will held pending further instruction from the purchaser for a maximum of 14 days after such time storage charges may apply.
15) All products and/or services are supplied on the understanding that all Dr. Henke MTE trading Terms and Conditions have been read, understood and are accepted.
16) Quotation scope – specifications: all quotations will outline a complete specification for the package being quoted. Any items not specifically listed within the document are by their omission not included within our quotation.
17) Quotation scope – pricing: all quotations will outline pricing, where appropriate including or excluding VAT, showing the required deposit and balance amounts. Where applicable, the amount showing a total inclusive of VAT will be the amount payable before any transfer of title can take place.
18) Quotation duration: unless otherwise stated on the quotation document the duration of quotations will be for a maximum period of 30 calendar days from the date of issue. After this time the quotation will expire and another quotation should be requested.
19) Acceptance of order: Orders are not accepted unless received in the form of an official Purchase Order (PO). The Purchase Order must show clearly the quotation number to which it relates, contain any special instructions relative to the purchase and show a clearly defined, requested dispatch date and method of freight.
20) Confirmation/acceptance of order: Confirmation will be given by way of email. Where appropriate the deposit amount as detailed within the quotation must arrive at Dr. Henke MTE within 7 days of receipt of the Purchase Order. Orders are not confirmed as accepted without receipt and clearance of the deposit amount. Should the deposit amount not arrive within 7 days of receipt of the Purchase Order it may be necessary to issue another quotation to reflect any changes, such as but not limited to significant fluctuations in exchange rate, for example.
21) Invoice pricing; after confirming receipt of your order the invoice will be generated to the prices detailed within our most currently dated official quotation. Verbal advice and all other forms of correspondence relating to pricing including but not limited to earlier dated quotations, price lists and/or email should be disregarded. We do not accept pricing as outlined within Purchase Orders. Where credit terms are agreed the credit period will begin once the system is ready for dispatch.
22) Promotional pricing/packages: from time to time we may offer promotional pricing and/or package offers. Such offers will always be limited in scope and availability, have specific additional conditions of sale and will be set within a clearly defined time deadline for receipt of orders. Orders for promotional packages/pricing will be accepted on a first come, first served basis. Under no circumstances whatsoever will such promotions be extended beyond the scope and timeframe as outlined within the original promotion.
23) System specification: we reserve the right entirely at our discretion to alter at any time prior to delivery any aspect of the system including but not limited to components, software, features, colours, shape and design with an equivalent equal or greater in performance/value than the original.
24) Delivery dates: stated delivery dates are no more than estimated dates that are sometimes affected by circumstances beyond our control. Dr. Henke MTE cannot be responsible and/or does not accept any liability for delays with delivery.
25) Delayed delivery: where dispatch is delayed for reasons specific to the customer, the system will be stored for a period of up to 2 (two) weeks beyond the original delivery date. After this time additional charges will apply including but not limited to storage, handling and re-packaging. Additionally, after 4 (four) weeks delay of dispatch a charge of Bank of England Base rate + 3% per month (charged daily) will apply to the total invoice value.
26) Pre-Installation Guide (PIG): For UK installations only, upon receipt of the official purchase order and deposit the customer will be issued with the Pre-Installation Guide (herewith known as the PIG) to explain in great detail all that is required to provide necessary and appropriate resources, environment and to describe how to make ready the site ahead of the arrival of the system. The PIG contains a declaration of acceptance & understanding that must be signed by a person of authority acting for and on behalf of the customer. Delivery of the system will not commence without receipt of the signed PIG declaration.
27) Acceptance of the PIG is binding and an important part of the contract of sale. Additional charges potentially amounting to significant amounts will likely apply in circumstances where it is found that the terms of the PIG are not applied and/or adhered to.
28) Insurance: Upon delivery of the system, after removal from the delivery vehicle insurance of the entire consignment on an ‘all-risks’ basis is the responsibility of the customer.
29) Warranty scope: Scope of the warranty for each product will be provided at the point of invoice on a basis individual to each sale.
30) Warranty conditions: Warranty conditions are specific to each installation and will be outlined with the warranty document provided at the point of invoice. Where the warranty conditions are not adhered to the warranty will become irrevocably void.
31) Disclaimer: In no event will Dr. Henke MTE, its employees and/or authorised representatives be liable for loss of profit, data or information of any kind, or for any special, collateral, incidental, consequential, indirect, punitive or any other type of damages, for any personal injury or damage to any property in connection with or arising out of the execution of any support/operation advice/instructions and/or supply of any product and/or services. By operating our equipment and/or performing the procedures within our support resource the user warrants and agrees to follow all instructions explicitly, without deviation or adaptation, to be competent and capable of the entire process, to adhere to all appropriate safety measures and to have the permission of the owner of the equipment to carry-out operation/maintenance/support procedures. Both the user and the users employer acknowledges the risks of damage to property and serious personal injury associated with the operation/maintenance of this equipment and absolves Dr. Henke MTE, our Directors, staff and authorised agents of any and all claims of liability arising out of accident or error or any other consequential loss or damage as a result of operating/maintaining this equipment.