Trauma FX

07736410612 enquiry@traumafx.co.uk

UK's leading provider of realistic casualty simulation

Terms & Conditions

Terms and Conditions of Sale

All orders for goods and services accepted and the contract for sale arising between Trauma FX Ltd (herein referred to as the "Seller") and the Buyer shall be governed by the following terms and conditions and the acceptance of contract by the Buyer shall be deemed to be an acceptance of these conditions of sale. No other terms and conditions except those implied by law shall be of any effect unless the same are expressly agreed to in writing by both the Seller and the Buyer.

1.  Prices

a. The price stated is the price of the goods inclusive of VAT at the current rate. Price lists and quotations are for guidance only and do not constitute an offer for sale.
b. The retail price is inclusive of value added tax.  Any other imposition whatsoever which is applicable will be paid in addition by the Buyer.

2. Payment

a. Online purchases made by Trade Account customers who have in place a Trade Account Facility will be automatically invoiced. All invoices raised for goods purchased online will be posted against the customer’s trade account. All invoices raised in any particular month will become due payable on or before but no later than the 15th day of the following calendar month (e.g. all online purchases made during January become due for payment on or before but no later than the 15th February).
b. Online purchases made by Non Trade Account customers are classed as retail and are therefore payment will be taken electronically at the time of purchase.
c. Payment in full shall be due immediately upon the commencement of any act or proceeding in which the Buyer solvency is involved.

3. Delivery

The seller will use its best endeavours to comply with estimated despatch or delivery dates given but in any event they shall not be of the essence of the contract. The time of delivery is given in good faith but we cannot accept any liability for delay or failure due to circumstances beyond our control. If owing to non-availability of the goods or for any other reason the Seller shall be unable to effect delivery hereunder the Seller shall be at liberty by notice in writing to determine the contract or part thereof without incurring any liability to the Buyer.  The Seller is at liberty to deliver the goods by instalments and each delivery shall be deemed to be a separate contract.

4. Specifications

All specifications, descriptions and samples are approximate only and intend to be a guide and the Seller accepts no liability for their accuracy.  The Seller may alter the goods to introduce improvements.  No such variation shall entitle the Buyer to rescind the Contract or shall be the subject of any claim against the Seller.

5. Title

a. The Seller and Buyer agree that title to the goods shall remain with the Seller and the Seller has the sole unencumbered right to dispose of the goods until payments has been made in full to the Seller.
b. Until Payment has been made in full the Seller may (without prejudice to any other rights) recover or resell the goods, and the Buyer agrees that the Seller or its servants or agents may enter upon the Buyer premises for that purpose.
c. The Buyer agrees that so long as the goods are upon its premises, the Buyer shall ensure that they are stored in their packaging or boxes as supplied by the Seller undamaged and free of charge in such a way that they are shown to be the property of the Seller and marked accordingly.

6.  Claims

a. No claim for damages shall be accepted unless the Seller is notified in writing by the Buyer within seven days of delivery.
b. No claim shall be accepted for goods differing in quantity or description from the particulars on the delivery note unless the Seller is notified in writing by the Buyer within four days of delivery and the onus is on the Buyer to prove any shortage.

7. Indemnity

The buyer shall be solely responsible for and shall keep the Seller indemnified against all liability in relation to the use of the goods other than in strict accordance with Sellers or manufacturers operating instructions.

8. Returns

The Seller will not accept returned goods for credit or rectification unless such return has been first authorised with an allotted returns number and the goods are returned back to the returns centre named by the Seller at the risk and expense of the Buyer in stock conditions with correct packaging within ten days of delivery.  The Seller retains the sole discretion whether to accept return of the goods or whether to rectify or replace the goods or whether to issue a credit note in respect thereof.  The Seller reserves the right to charge a re-stocking fee of not exceeding 20% of the purchase price, providing the goods are in original stock condition. N.B. We are unable to accept the return of unwanted bespoke kits under any circumstances.

9. Liability

The Seller liability to the Buyer for any default or breach whatsoever and howsoever arising shall in no case exceed the invoice value of the goods.

10.  Other

a. If any of these terms and conditions shall be found to be unlawful it shall not vary or affect the validity or enforceability of the remainder of the conditions.
b. this contract is and shall be deemed to have been made in England and shall in all respects be governed by English Law.

11.  Delivery

The time of delivery is given in good faith but we cannot accept any liability for delay or failure due to circumstances beyond our control.

12.  Delivery Charges

Are included in the price quoted for the UK & NI only and are based on Royal Mail signed for 2nd class letters and parcels.

13.  Prices

The seller reserves the right to modify prices to those ruling at time of despatch should there be any significant increase in production costs which are beyond our control.

14. Specification

Where the buyer specifies that goods shall be of a certain size or colour, this shall be subject to reasonable commercial variation.

15. Disclaimer.

Trauma FX Ltd, will not be liable for any death, personal injury, or loss of or damage to goods arising out of the purchase or hire of any items from Trauma FX Ltd.

16. Intellectual Property:

You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all materials and/or content made available as part of your use shall remain at all times vested in Trauma FX Ltd or our licensors. You are permitted to use this material only as expressly authorized by Trauma FX Ltd or our licensors.

17. You acknowledge and agree that the material and content contained within the Trauma FX Limited website is made available for your personal non-commercial use only and that you may only download such material and content for the purpose of using this website. You further acknowledge that any other use of the material and content of this website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

18.Secure credit card transactions

We take the security of this site and your details extremely seriously. We use Sage Pay to collect/process transaction information' and provide the following link to Sage Pay security policy at: http://www.sagepay.com/security_policy

19.Security of Your Personal Information

Trauma FX Ltd is committed to protecting the security of your personal information. We use a variety of security technologies and procedures to help protect your personal information from unauthorised access, use, or disclosure. For example, we store the personal information you provide on computer systems with limited access, which are located in controlled facilities.

20.Video Copyrights

On delivery of final product, all copyrights are retained by Trauma FX Ltd which will retain the right to use all footage for their own promotional purposes.

21. Intellectual Property Office: Trade Mark Registrations

SIMSLEEVES: Has been Registered in the UK under registered number UK00003102274 in respect of class 9: Simulation Apparatus in the name of Trauma FX Limited (Company Number 6512328)

SIMWOUNDS: Has been Registered in the UK under registered number UK00003028822 in respect of class 9: Teaching Aids in the form of Simulated Wounds for use in Casualty Simulations in the name of Trauma FX Limited (Company Number 6512328)

SIMBODIES: Has been Registered in the UK under registered number UK00003079493 in respect of class 9: Simulation Apparatus in the name of Trauma FX Limited (Company Number 6512328)