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Terms & Conditions


1. These terms govern all contracts for the sale of goods

1.1 These terms govern all contracts for the sale of goods between Mind Aid  and any purchaser of the goods ("the Purchaser"). These terms can be varied only with the written consent of Mind Aid.

1.2 In these terms, "goods" means all, or any part of the items supplied by Mind Aid to the Purchaser, and "contract" means any contract between Mind Aid and the Purchaser for the sale of goods.

2. Orders

2.1 All orders for the supply of goods placed by the Purchaser with Mind Aid are irrevocable but shall not bind Mind Aid until accepted in writing, or until the goods are delivered or invoiced to the Purchaser

2.2 Orders may not be cancelled without the prior agreement of Mind Aid in writing. The Purchaser shall indemnify Mind Aid against all loss (including loss of profit) or expense, however indirect or remote, resulting from the cancellation of an order or any other breach of contract by the Purchaser.

3. Delivery and Specification

3.1 All goods are offered and all orders are accepted subject to availability. Mind Aid reserves the right to deliver such part of any order as permitted by the availability of the goods on order.

3.2 Mind Aid will endeavour to deliver goods within a reasonable time of the placing of an order, but time shall not be of the essence in respect of deliveries.

3.3 Delivery of goods shall be deemed to take place at Mind Aid's premises unless otherwise agreed. It is the responsibility of the Purchaser to ensure the safety and security of goods after delivery, and Mind Aid will accept no responsibility thereafter.

 

4.0 Mind Aid reserves the right to vary the price of goods or carriage charges from time to time.

 

5.0. Force Majeure
Mind Aid shall not be under any liability of any kind for the non-performance in whole or in part of its obligations under the contract due to causes beyond their reasonable control or of their suppliers or due to labour disputes.

 

6. Claims against the Mind Aid

6.1 All Claims in respect of goods alleged to be defective must be made in writing to us within 14 days of the date of delivery. All allegedly defective goods must be returned for inspection by us. No claim for defective goods can be made after 14 days.

6.2 Any loss or damage to goods after delivery, which for the avoidance of doubt includes loss or damage to goods in transit, is the responsibility of the Purchaser alone and Mind Aid will accept no liability therefore.

6.3 Goods are supplied on the understanding that their value does not exceed the net invoice price of such goods. Under no circumstances shall the liability of Mind Aid to the Purchaser or any third party in respect of goods supplied exceed the net invoice price of such goods.

 

 

7. Refunds will only be considered at our discretion

 

8. The conditions of and warranties relating to the contract are limited to those stated in writing by Mind Aid. The Purchaser agrees that an order for goods by reference to a product name, number or description shall be to the basic standard version of those goods and that supply of them will fulfil   Mind Aid’s obligations.

 

10. Exclusion of liability

10.1 The terms of Clause 8 above are in lieu of all conditions and warranties whether expressed or implied by statute, custom of the trade or otherwise and any such condition or warranty is excluded.

10.2 Mind Aid’s aggregate liability in tort or for breach of contract in connection with the goods shall be limited to damages of an amount not exceeding the contract price for the goods in relation to which such liability may have arisen. The Company shall have no liability in any event for loss of profit or other consequential loss.

10.3 Nothing contained in these terms shall purport to exclude or restrict any liability the exclusion or restriction of which is prohibited by section 2(1) or section 6(1) of the Unfair Contract Terms Act 1977.

10.4 The parties have freely negotiated the contract including the price in the knowledge that the liability of the Company is to be limited in accordance with these terms. The Purchaser acknowledges that a higher price would be payable but for such limitation.

 

11. Indemnity and Insurance by Purchaser
The Purchaser shall insure fully against and shall fully, promptly and effectively indemnify Mind Aid against all expenses and liabilities whatsoever directly or indirectly relating to :

 

12. Any use by the Company, the Purchaser or any third party of a trademark in connection with the goods or any Product, including but without limitation any liability arising under or pursuant to the Consumer protection Act 1987.

 

12.1 Any infringement of any intellectual property rights of any third party caused by the production, supply, use or sale of the goods or any Product or by the use of any trademark; or

12.2 The purchaser consents that the goods are purchased for their sole use and will not under any circumstances copy, duplicate or permit copies or duplicates to be made.

 
12.2 Any negligent or wilful act or omission of the Purchaser in connection with or in relation to the use or supply of the goods or any Product.