AVI Healthcare Pvt Ltd / Viha.care:
TERMS & CONDITIONS OF BUSINESS
By ordering goods and/or services from us you are deemed by us to have knowledge of and to have accepted that, except insofar as they are varied in writing by a director of AVI Healthcare, these express Terms and Conditions will (a) apply, and (b) prevail, if applicable, over your terms, conditions and stipulations.
2. Ownership of Goods – Title & Risk
We remain sole and absolute owner of the goods and Title to them remains with us until our account has been settled in full, but Risk in the goods passes to you upon dispatch – see 3, 4 and 5 below. Title does not pass by reason of our delivery of the goods or your acceptance of the same.
3. Loss & Damage
Please examine the goods upon receipt and advise us within seven days of any damage or deviation from the order you placed with us. We cannot accept a claim once seven days has passed as after this date the goods in question shall be deemed to be of merchantable quality and in accordance with your requirements, and you shall be bound to pay for the same.
4. Hire Goods
Goods which you hire from us are your responsibility while On Hire to you. We will require you in respect of any goods lost, damaged or not returned promptly upon expiry of the Hire Period or any authorised extension thereof to pay the full price of the item(s) concerned, less any hire charge already paid.
5. Evaluation Trials
The standard duration of an Evaluation Trial will be 28 days from Invoice date, unless varied by us in writing. Goods supplied by us on Trial for you to Evaluate are your responsibility unless we have previously in writing agreed otherwise. Except where your responsibility has been so waived, we will require you in respect of any goods:
5.1 not returned promptly upon expiry of the Evaluation Trial or any authorised extension thereof;
5.2 returned marked, damaged or incomplete; or
5.3 not returned at all because they have been lost,
to pay the full price of the item(s) concerned, less any deposit paid at the outset of the Evaluation Trial.
We will make refunds only in the following circumstances:
6.1 Cancellation of a Hire Reservation – We can only accept a reservation cancellation prior to the dispatch of the hire goods, in which case any prepayment will be refunded in full. See also 6.2 below.
6.2 Hired but not used – Once hire goods have been dispatched, even if they are not used, the hire charge cannot be refunded.
6.3 Deposits and/or Full Payments – Should you judge an Evaluation Trial to be unsuccessful and decide to return your stimulator(s) to us we will, if the goods are received back by us in good condition on or before the Evaluation Trial expiry date, refund your deposit and/or full payment less the cost of postage and VAT.
6.4 Consumables – Refunds will only be made in respect of consumables with seals intact (i.e. visibly unused) received in good condition by us.
7. Payment Terms
Prices are quoted inclusive of VAT unless otherwise stated. Unless otherwise agreed in writing payment for goods together with applicable taxes is due, with time strictly of the essence, upon the earlier of (a) one calendar month from delivery; or (b) the expiry of a Trial evaluation period.
8. Late Payment - Interest Charges & Other Remedies
If payment is not made on or by the due date we will be entitled without further notice each month or part thereof to charge you interest on the overdue amount at the greater of 18%, without prejudice to any other remedy which we may have.
Unless a different period is declared, all goods are guaranteed for two years from invoice date, or delivery if later, unless our account was not settled when it was due, in which case the goods are only guaranteed for three months.
10. Credit Card Payments
If you are a Mail Order customer your credit card will be debited at the point of order. Should any item amongst these be On Trial and the subject of a deposit, only the deposit will be debited upon dispatch. The balance will only be debited (a) if you advise us that the Trial was satisfactory, or (b) if you fail to return the item upon or before the expiry of the Trial period, as we will take this to mean that you wish to retain and pay for it.
11. Returning Goods
You are responsible:
11.1 for the cost of returning anything to us; and
11.2 for any damage or loss to the goods until we receive them.
We therefore recommend that goods to be returned by mail are sent by Registered Post, Fedex, DHL service offering full compensation and guaranteed delivery.
12. Patents, Registered Designs, Copyrights & Trademarks
Regardless of whether or not our products and designs are protected by patent, registration, copyright, trademark or other legal device you agree that except with our prior written permission you will not:
12.2 copy; and/or
12.3 derive commercial advantage from our products or designs or from any characteristic, aspect, feature, part and/or property of our products or designs.
13. Third party accessories
Our stimulators are only CE approved for use with our lead wires and our electrodes. We do not permit our stimulators to be used with lead wires and/or electrodes supplied by third parties even if CE approved, and you agree not to use third party accessories.
14. Intended Purpose of Use
Our stimulators are for your personal use or for commercial resale through a distribution channel where the end users purchase the units. You agree not to hire out our stimulators, nor to supply them along a distribution channel where the end users hire rather than purchase the units.
15. No Waiver
A failure by us at any time or for any period to enforce any one or more of the Terms and Conditions shall not be a waiver of the right to enforce such Terms and Conditions on a future occasion.
16. Headings and Singularities/Pluralities
The headings used in these Terms & Conditions are for convenience only and have no legal effect. Singulars and Plurals are interchangeable as circumstances require.
17. Governing Law & Jurisdiction
All matters arising out of the relationship between you and us shall be interpreted or construed in accordance with Indian Law and you and we agree to submit to the jurisdiction of the Mumbai courts.