Terms of Service

1 Definitions

(a) The ‘Supplier’ means J S Equine its agents and assigns;

(b) The ‘Purchaser’ means the individual, individuals, firm or company purchasing goods from or otherwise dealing with the Supplier;

2 Application of Terms

(a) All quotations and price lists are given and all orders are accepted on these terms, which supersede any other terms in the Supplier’s catalogue or elsewhere, and shall override and exclude any other terms stipulated or referred to by the Purchaser whether in his order or in any negotiations, and any course of dealing established between the Supplier and the Purchaser. All orders hereafter made by the Purchaser shall be deemed to be made subject to these terms.

(b) No modification of these terms shall be effective unless specifically accepted in writing and signed by one of the partners in the Supplier.

3 Representations

The Supplier shall be under no liability whatsoever resulting from or arising out of or in connection with or in relation to any statement report or other representation made by any one its partners servants or agents before the contract between the Supplier and the Purchaser was entered into, unless the Purchaser shall give notice in writing to the Supplier before the contract is entered into that it intends to rely on any such statement report of other representation.

4 Refusal of Orders

The Supplier reserves the right to accept or refuse any order given on the basis of its quotation or otherwise and in the event of the refusal of any order the Supplier shall not be liable for any loss or damage arising there from or in connection therewith or in relation thereto.

5 The Goods

(a) The Supplier undertakes to replace or repair free of charge any Goods supplied which are defective in material or workmanship always provided that:

(i) Whether or not Goods are defective in material or workmanship shall be for the sole decision of the Supplier;

(ii)The Supplier’s undertaking shall only apply in respect of Goods in respect of which a complaint is received by the Supplier within three days of delivery to the Purchaser. Any goods in respect of which this condition applies shall be returned to the Supplier in its original packaging within fourteen days of delivery to the Purchaser. It is solely the responsibility of the Purchaser to return the Goods to the Supplier’s premises. At the discretion of the Supplier, the remedial action can in certain circumstances be carried out on site.

(b) The Supplier shall be under no liability to the Purchaser whatsoever other than that set out in (a) above. Without prejudice to the generality of the foregoing the Supplier shall be under no liability for any consequential losses howsoever arising.

(c) All conditions, warranties, terms, undertakings and obligations implied by statute, common law, custom, trade usage or otherwise (including without prejudice to the generality of the foregoing, any implied condition, warranty or undertaking as to correspondence of the goods with any contract description given, merchantable quality or fitness for any particular purpose) are hereby wholly excluded. Any warranty provided by the manufacturer of the Goods supplied is transferred to the Purchaser. When claiming under a manufacturer’s warranty the Goods shall be returned to the manufacturer at the Purchaser’s expense. If replacement Goods are required before the manufacturer has accepted the warranty, or when the manufacturer offers a repair rather than a replacement, then the replacement Goods shall be paid for by the Purchaser in accordance with Clause 7 below.

(d) Without prejudice to the generality of the foregoing, the Supplier shall have no responsibility for providing any guard or protection necessary to comply with any statutory requirements in connection with any of the Goods.

(e) Changes may occur to sizes and specifications of goods and in this event the Supplier may provide an approximate equivalent.

6 Indemnity

The Purchaser hereby undertakes to indemnify and keep indemnified the Supplier its servants and agents against all costs, damages, expenses, penalties, losses and other liabilities whatsoever, including, but without prejudice to the generality of the foregoing, liability for personal injury and death, damage to property and consequential losses, incurred as a result of or arising from or in connection with or in relation to any act, omission, word or deed, whether or not negligent, of the Supplier its servants or agents in pursuance of the supply of Goods hereunder.

7 Prices, Quotations and Payments

(a) Goods will be invoiced and shall be paid for at the prices ruling at the time of dispatch. The price list provided by the Supplier is for guidance only and all prices and quotations are subject to variation at any time without notice to the Purchaser.

(b) Payment is due on the 30th of the month following date of invoice, for approved account holders. If payment in full is not received by such date the Supplier reserves the right to charge interest on the outstanding balance at 3% above Lloyds TSB Bank base rate.

8 Reservation of Title

(a) The property of the Goods shall not pass to the Purchaser until all sums owed to the Supplier on any account whatsoever have been paid notwithstanding that delivery has already taken place.

(b) The Supplier shall be entitled to all rights of access to the Purchaser’s premises to enforce its rights hereunder.

9 Delivery and Risk

(a) Unless otherwise stipulated and subject to Clause 2 (b) above all Goods for delivery will be dispatched by the conveyance of the Supplier’s choice. Where the purchaser requires a different means of conveyance any extra cost must be paid by the Purchaser.

(b) Whilst every effort will be made to avoid delay no responsibility is under taken for meeting any specific delivery dates. Accordingly no liability will be accepted for any direct or indirect loss which may be caused by delayed delivery.

10 Returned Goods

(a) Subject to (d) and (e) below, Goods may be returned to the Supplier for credit or exchange for up to ten working days after the date of delivery provided that the delivery note or invoice number is quoted.

(b) Returned Goods will only be accepted by the Supplier if they are in a sound and resaleable condition. Whether Goods are sound and resaleable shall be at the sole decision of the Supplier. Any goods which the Supplier deems to be not resaleable will only be returned to the Purchaser at the specific request of the Purchaser and at the Purchaser’s expense. Notwithstanding the discretion of the Supplier in deciding whether goods are sound and resaleable, goods will not be deemed resaleable if they are returned in anything but their original packaging or the quantities of the goods returned are different from those originally supplied.

(c) Where goods returned for credit or exchange are goods which have been supplied in boxes or in quantities credit notes or exchange of goods will only be given if the goods are returned in their boxes and/or in the same quantities supplied to the Purchaser. Credit notes will only be issued if the Suppliers Collection Note has been issued to the Purchaser.

(d) The Supplier reserves the right to make a charge for handling and restocking equal to 20% of the sale price of the goods returned.

(e) Goods especially obtained for the Purchaser may not be returned for credit or exchange.

(f) When making a request to return products to us it should be made within the following timescales: Shortage and damaged goods 24 hours Picking errors (i.e. wrong goods) 3 working days Faulty goods 3 working days Goods no longer required 10 working days You should always obtain a signature (i.e. proof of collection) from the collecting person.

(g) Under normal circumstances POM-V, POM-VPS, NFA-VPS and AVM-GSL products will not be accepted for return. Goods will only be accepted for the following reasons;

1. To correct an error in delivery.

2. In response to a product recall instigated by the Manufacturer.

3. Where products are alleged to be faulty.

Veterinary Medicines Regulations

Authorised Veterinary Medicines are granted a specific distribution category. The distribution categories under the Veterinary Medicines Regulation are;

Prescription Only Medicine – Veterinarian (abbreviated to POM-V)

Prescribed by a veterinary surgeon and supplied by either a veterinary surgeon or a pharmacist. JS Equine holds a Wholesale Dealers Licence (No.WL/24694/1) and is able to supply veterinary surgeons. (Previously POM, MFS and some P products)

Prescription Only Medicine – Veterinarian, Pharmacist, Suitably Qualified Person. (abbreviated to POM-VPS)

Prescribed by one of the Registered Qualified Persons and supplied by any one of them. JS Equine holds a Wholesale Dealers Licence (No WL/24694/1) and is able to supply veterinary surgeons and other merchants who have approved registered premises and suitably qualified persons who comply with the latest code of practice as issued by the Veterinary Medicines Directorate.

Non-Food Animal – Veterinarian, Pharmacist, Suitably Qualified Person (abbreviated to NFA-VPS)

Supplied by any one of the Registered Qualified Persons (previously PML and some P products). JS Equine holds a Wholesale Dealers Licence (No WL/24694/1) and is able to supply veterinary surgeons and other merchants who have approved registered premises and suitably qualified persons who comply with the latest code of practice as issued by the Veterinary Medicines Directorate.

Authorised Veterinary Medicine – General Sales List (abbreviated to AVM-GSL)

Supplied by any retailer (previously GSL products)

An SQP (Suitably Qualified Person) may only prescribe or supply the products that fall within the scope of the qualification they have obtained and the registration they hold. This is separated into All animals, Food producing animals, Equines, and Companion animals.

Due to the changing classifications of some products J S Equine cannot accept liability for any inaccuracy within this product guide.