Doncaster Pharmaceuticals Group Limited

TERMS & CONDITIONS

Terms & Conditions of Sale in England, Wales, Scotland and Northern Ireland

Doncaster Pharmaceuticals Group Ltd

Definition

“The company” means Doncaster Pharmaceuticals Group Ltd.  Unit 7 Regents Drive, Low Prudhoe industrial estate, Prudhoe, Northumberland, NE42 6PX.

Basis of Sale

Any orders received from the customer and accepted by “the company”, shall be subject to the following Terms and Conditions to the exclusion to the extent permitted by law of all other warranties and conditions expressed or implied by law or otherwise. Acceptance by the customer of delivery of the Goods shall be deemed to constitute unqualified acceptance of these conditions. No variation to these Conditions shall be binding unless agreed in writing by an authorised representative of the company. The company’s employees or agents are not authorised to make any representation concerning the Goods unless confirmed in writing by the Company. Unless specifically agreed in writing time of delivery shall not be the essence of the Contract.

The Contract shall be governed by English Law and the customer submits to the non-exclusive jurisdiction of the courts of England and Wales.

Orders and Prices

The price for the Goods is subject to alteration at any time prior to dispatch. The price of the Goods shall be the price set out in the Company’s price list published as at the date of dispatch or such other price as is agreed by the Company or offered by the Company as a special offer where such alternative price is confirmed in the invoice issued at the date of dispatch.  Any queries regarding the amount you have been invoiced must be raised with us in writing within 5 days from delivery date. Otherwise, you will be deemed to have accepted the amount invoiced.

The Company reserves the right, at any time prior to delivery of the goods, to refuse to accept any order for goods for any reason at its discretion and acceptance of orders may be subject to the Company confirming any application for credit made by the Customer. (see payment terms).

In supplying Goods the Company gives no warranty or representation that the Goods are fit or suitable for any particular purpose unless the same is stated in writing; and the customer  does not rely upon the Company’s skill or judgement with regard to the Goods and any term, condition, warranty or representation to the contrary, expression implied, is excluded.

The Company shall not be liable for failure to deliver Goods caused by any event beyond its reasonable control including limitation fire, flood, Act of God, industrial action, governmental act and acts of third parties, strikes or other labour disputes (whether or not relating to the company’s workface), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials.

Cancellation of orders / products must be notified to the company in writing within 48 hours of us receiving the order and only with prior agreement of the company will be cancelled.

The company will only supply restricted and controlled medicines to appropriately licenced customers. Customers are required to notify the company in the event of a change in their licenced status. Customers are responsible for ensuring that the premises at the delivery address complies with the appropriate regulatory and registration requirements on an ongoing basis, including but not limited to any requirements specified from time to time by the Medicines and Healthcare products Regulatory Agency (MHRA) and Home Office. The customers are also responsible for ensuring that an appropriately authorised person supervises the receipt and acceptance of the Goods at the delivery address.

Doncaster Pharmaceuticals Group Ltd is licensed and Regulated by the Medicines and Healthcare Products Regulatory Agency (MHRA).

Wholesale Dealer’s License DONCASTER PHARMACEUTICALS GROUP LTD No: WDA(H) 4423.

Payment Terms

Where credit terms have been agreed by the company, payment must be made, and cleared funds received by the company within 30 days following the end of the month within which the delivery of the goods took place.

Variation to these credit terms can only be agreed in writing, by an authorised representative of the company.

In case of non-payment of the account by the due date, the company reserve the right to ensure that no orders will be processed, and the account will be placed on hold without any need for notification to the customer.

The company reserves the right to charge the Customer interest, on all overdue sums, at a rate of 2% per month above the Bank of England base lending rate for every month the account remains overdue and further administration fees will become applicable should the account default.

The company reserves the right to charge the customer £10 in respect of each cheque which is not honoured by the customer’s bank, to cover incurred administration costs.

Retention of title

Title of Goods shall remain with the company until payment for all goods supplied has been received. If the customer fails to comply with the Terms and Conditions as indicated, then the company is entitled to enter without prior notice any premises where Goods owned may be and repossess them so as to discharge any sums owed to it by the customer under this or any other contract.

Returns of Goods and Shortages

The customer must advise the Company, of any loss, shortage, damage to Goods within 24 hours of delivery. The Company shall be allowed a right to inspect the Goods as soon as reasonably practicable. Unless the customer complies with this condition the Company shall not be responsible for non-delivery shortage or partial loss or damage, nor issue any credit to the customer.

In the event of a return, the Goods must have been stored correctly whilst on your premises.

Any returned Goods which are covered by the Misuse of Drugs Act 1971 must be packaged separately You must obtain written approval for any returns, any goods returned without approval will not be credited. If you return to us any Goods for which we do not accept returns, we may charge an additional amount for the cost of handling, storing and \ or disposing of such Goods

We do not accept the return of products that were not originally supplied by us.

The original complete packaging should be retained and returned with all Goods.

Goods will not be accepted for return if they have been relabelled or if the anti-tamper evident seals/device is damaged or broken and/or the FMD product has been decommissioned.

GDPR

With effect from 25th May 2018, changes were applied to the UK’s data protection regulation. As a result of this, the government have confirmed that all UK based companies will be expected to implement and comply with the EU General Data Protection Regulation (GDPR). Like its predecessor the Data Protection Act (DPA), GDPR concerns with the management, handling and protection of personal data.  However, unlike the DPA, GDPR now extends its definition of personal data to include certain additional information such as an individual’s business email address, contact telephone number(s) and address.  It also requires all companies to obtain explicit consent from any individual whose personal data it intends to hold for business reasons, before it will be permitted to do so.

At Doncaster Pharmaceuticals we pride ourselves on the personal relationships we have with our customers.  We believe that this is key in differentiating us from the competition and are very keen to ensure that we can continue to operate in this way.  To do so though, will require us to retain some of the data fields we hold about our customers which now fall under the new regulation.

The data retained by Doncaster Pharmaceuticals will be limited and only ever used for legitimate and necessary business reasons.  Fields such as your name, business email address, business telephone number and business address* will enable us to continue to provide the services we already provide to you.

Please rest assured that your data will always be retained securely and processed confidentially, in a lawful, fair and transparent manner.