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Terms and Conditions of Trade

 

This website is owned and operated by Williams Medical Supplies who are completely dedicated to your total satisfaction.

Williams Medical Supplies Ltd. is the Main Business Entity Company for: Oncall Medical Supplies, OMS Trade, OMS Group.

If you have any suggestions or comments or you need to contact us, please email us using the link on the main store page or please use the below contact details.

Our Contact details:
OMS Group
Maerdy Industrial Estate 
Rhymney 
Gwent 
NP22 5PY 
United Kingdom

Phone: 0844 8400440
Phone: 01395 270530
Fax: 0844 8400880
Email: info[at]omsgroup.org

Company Number: 04240054
VAT Number: GB 902 9947 03

 

TERMS AND CONDITIONS

It is important that you read and understand the Terms and Conditions of trade as outlined below. If you have any questions or require additional clarification please call us on 0844 8400440 and we'd be pleased to help you.  All Terms and Conditions stated in this document are in addition to any Further Rental Terms and Conditions that OMS may have in place.

  • DEFINITIONS
  • In these conditions the following expressions shall have the following meanings:

    • "Account Customers" means the Customer who has been setup with a credit account by the Company;
    • "Company" means OMS Group Limited, whose registered office is situated at: Prydis, 59 Magdalen Street, Exeter, Devon, EX2 4HY.
    • "Contract" means the contract between the Company and the Customer for the sale and purchase of Goods which shall be subject to these Conditions;
    • "Customer" means the person, firm, company or other legal entity (including without limitation any hospital, prison or government agency) placing an order with the Company;
    • "Conditions" means these terms and conditions;
    • "Goods" means all those goods and materials which are to be supplied to the Customer by the Company under the Contract;
    • Words in the singular shall include the plural and vice versa, references to any gender shall include the others and references to legal persons shall include natural persons and vice versa.
    • The headings in these conditions are intended for reference only and shall not affect their construction.
    • “Catalogue” means the catalogue of products and services offered by OMS including oncallmedicalsupplies.com internet sales.
    • "Force Majeure" means any cause affecting the performance by OMS of its obligations arising from acts, events, omissions, happenings or non-happenings beyond its reasonable control including (but not limited to) governmental regulations, fire, flood or any disaster or industrial dispute affecting a third party.
    • "Working day" means Monday to Friday, excluding Bank or other Public holidays.

 

  • FORMATION OF CONTRACT
    • These Conditions shall apply to all orders received by the Company from a Customer for supply of goods (the Goods) in the United Kingdom. These Conditions will prevail over any terms and conditions on the Customer's order form, form of contract or any other communication sent by the Customer to the Company and the placing of an order for, or the acceptance of, the Goods by the Customer shall indicate unqualified acceptance of these Conditions. No other conditions whether or not inconsistent with these Conditions shall apply.
    • No employee, representative, agent or sales person has the Company's authority to vary, amend or waive any of these Conditions on behalf of the Company and no amendment or additions to any of these Conditions shall be deemed to have been accepted unless accepted in writing by a director of the Company or set out as a special condition in the order confirmation
  • ACCEPTANCE OF ORDERS
  • All orders are accepted by OMS Group Ltd subject to these conditions. OMS Group Ltd (hereafter known as "OMS") accepts no variation of these conditions will be accepted unless previously agreed in writing.
  • OMS hereby notifies the Buyer that telephone calls received by the Company's order processing and customer support department may be monitored for quality control, staff training and service improvement purposes.
  • Each order for Goods will be deemed to be an offer by the Customer to purchase the Goods upon these Conditions (the Order). A contract shall not be formed until the Goods are despatched (the Contract).
  • Any orders for pharmaceuticals or Prescription Only Medicines (POM) are accepted on a 30 day invoice account only.
  • All controlled drugs, being any substance as listed in Schedule 2 of The Misuse of Drugs Act 1971 and Schedule 1 to 5 of The Misuse of Drugs Regulations 2001 (as amended from time to time) will require a Doctors' GMC to be received prior to any orders being placed.
  • Goods are subject to availability, in the event that the Company is unable to supply the Goods, the Customer will be informed as soon as possible. An alternative will be offered or a full refund will be given where the Company has already received payment for those Goods.

 

  • CUSTOMER'S AUTHORITY
  • Customers entering into transactions with OMS expressly warrant that they are authorised to accept and are accepting these conditions not only for themselves but also as agents for and on behalf of all other persons who are, or may become, interested in OMS's goods or products, whether in whole or part.
  • DETAILS AND SPECIFICATION
  • Details and specification of Goods are correct at time of publication, but may be changed without prior notice. OMS will be pleased to check the latest specifications for you at time of ordering goods. OMS reserves the right to alter specifications of any given product, and to withdraw any item without explanation or notification.
  • All images are for illustration only.
  • OMS makes every effort to supply the goods as advertised but reserves the right to vary actual dimensions, specifications and quantities without prior notice. In the event that OMS cannot supply the goods ordered by the Customer, OMS reserves the right to offer goods of equal or superior quality at no extra cost. If the Customer does not wish to accept the alternative goods offered he or she may cancel the order and require any money paid to OMS in respect of that order to be refunded.
  • PAYMENT
  • The Company may at its sole discretion agree to set up a Customer on a credit account. Standard method of payment for credit accounts is by direct debit and Customers should set up a direct debit payment arrangement with their Bank or Building Society.
  • Payment of account is to be received by OMS within 30 days from the date of each and every invoice. Failure to pay on the due date will entitle OMS to withhold delivery of subsequent orders and any agreed discounts.
  • Standard terms of payment for OMS 'credit account' clients are settlement within 30 days from date of invoice. If payment is not made on the due date, OMS will be entitled to charge interest daily on the outstanding balance at the rate of 3% above Barclays Bank PLC base lending rate from time to time.
  • Non 'credit account' OMS customers are required to pay in full at time of ordering.
  • The Company shall be entitled to invoice each instalment as and when delivery has been made. The Company may accept alternative methods of payments, at its sole discretion.
  • All other accounts including prepayment accounts and all other purchases require payment at time of order placement. The Company may, at its sole discretion, accept payments by credit, debit card or BACS.
  • Where, after acceptance of an order, the Company has grounds for believing that Customer may not be able to fulfil its payment obligations, the Company shall be entitled to require from the Customer suitable security for such payment obligations prior to delivery of the Goods.
  • The Customer shall not purport to set off or withhold any payment claimed or due from the Company under any Contract.

 

  • PRICES
  • The Company reserves the right to change any price without notice. The Company shall be entitled to increase the price for the Goods at any time prior to delivery to take account of increases in costs including (but not limited to) labour, overheads and transport.  
  • This price list replaces previous issues and is subject to change without notice. All prices quoted are subject to VAT at the prevailing standard rate.
  • The price for the Goods will be the price set out in the Company's current catalogue or websites or any specific sales promotional material (unless advised by the Company differently at point of purchase).
  • In the unlikely event that the price of an item has been incorrectly advertised the Company will contact the Customer to ask whether the Customer wishes to proceed at the correct price. If not, or the Company is unable to obtain the Customers instructions, the Company will cancel the Order and a full refund will be given where the Company has already received payment for those Goods.
  • Costs of packaging, carriage and any applicable sales tax, duty, customs duties and all other taxes, duties and expenses in respect of the Goods, will be added to the price where relevant.
  • All prices quoted are subject to VAT at the prevailing standard rate. Any organisations that are exempt from VAT, must provide a validated certificate at the time of ordering.
  • A “voucher” can be used in full or part to offset the costs of an online order within 90 Days of the date the voucher has been issued. After 90 Days the voucher is no longer valid.
  • “WE WON’T BE BEATEN ON PRICE”
    • OMS is committed to consistently providing value on the entire range of products we sell and ensures that prices are competitive in the healthcare supplies market. Our policy of “We Won’t Be Beaten on Price” means that if you find an equivalent product for sale elsewhere for a lower price (subject to the conditions below), then we will Beat that price.
    • We will Beat any Competitor Offer or Price, based on the Companies Terms and Conditions.
    • All “We Won’t Be Beaten on Price” claims will be investigated prior to agreement.
    • The product must be new and the same make, model and specification.
    • The product must be for sale within the UK.
    • Products advertised on auction websites or classified advertisements are excluded from the Promise.
    • We require evidence of the lower price (this may be a website address, flyer, catalogue or advertisement).
    • Our pharmaceutical range is excluded from “We Won’t Be Beaten on Price”.
    • We reserve the right to vary or withdraw the “We Won’t Be Beaten on Price” at any time.

 

  • ADMINISTRATION CHARGE
  • OMS reserves the right to implement an administration charge of £7.00 for orders under £98.00 (ex VAT).
  • DELIVERY, CARRIAGE AND TITLE
  • OMS reserves the right to implement an administration charge of £7.00 for orders under £98.00 (ex VAT).
  • OMS Achieves a Target of 100% of all Orders being Despatch on Day of Order.
  • All Standard orders placed by 1600 Monday to Friday will be despatched the same day for delivery the next working day, for all Stocked items.
  • All Corporate orders placed by 1630 Monday to Friday will be despatched the same day for delivery the next working day, for all Stocked items.
  • All orders for Non-Stocked Good and state “Delivery Within 72 Hours” applies to Working Days only.
  • All orders for Special/ Ad Hoc Goods that come “Direct from Manufacturer” are assembled on receipt of the customer’s order and delivery should be within four to ten Working Days.
  • “Weekend Delivery” is defined as deliveries on a Saturday or Sunday. An additional charge will be levied for this, which the customer will be notified of at the time they place the order.
  • Delivery “365” does not include Christmas Day.
  • Customers may be subject to a Delivery Charge of no more than £7 on orders under £99.00. The customer will be notified on any charges at the time of ordering.
  • Any time or date stated for delivery is an estimate only. OMS makes every effort to despatch goods on time, but does not accept liability for failure to deliver within the stated time. If OMS is unable to deliver the goods within 30 days of the date of the order, the Customer will be entitled to cancel the order and require any monies paid to OMS in respect of that order to be refunded.
  • OMS does not accept liability for shortages or damage to deliveries unless the Customer notifies OMS of the shortage or damage in writing within 7 days of receipt of the delivery.
  • Delivery is deemed to take place when the goods are delivered to the Customer's nominated address, whereupon the risks of loss, breakage and all damage shall pass to the Customer.
  • Title in the goods does not pass to the Customer until payment is received in full by OMS.
  • The Customer has to accept the goods when they are ready for delivery.
  • If the Customer cannot accept delivery, OMS may at its option: Store and insure the goods at the Customer's expense and risk or sell the goods at the best price reasonably obtainable and (after deducting reasonable storage insurance and selling costs) pay to the Customer any excess over the sale price or charge the Customer for any shortfall.
  • The Goods shall be delivered to the address stated in the Contract and the signature of an employee or agent of the Buyer at such address on the Seller's delivery note shall be conclusive proof of the delivery of the Goods. Any special delivery requirements or difficulties in delivering (e.g. narrow doorways, stairs, and restricted access) should be made known to the Company at the time of placing the Order and may be subject to additional costs. The Company cannot accept responsibility for any difficulties in delivery as a consequence of information or lack of information supplied by the customer
  • Unless otherwise stated in the Contract, the price of the Goods shall not include the cost of delivery where the agreed delivery location is within the United Kingdom, the Isle of Man or the Channel Islands. In the case of 'special deliveries' (i.e. deliveries that are not normal scheduled deliveries) a separate charge will be specified in the Contract.
  • Any orders that are not to main land UK may incur additional costs. These will be advised to the Customer prior to the Order being despatched.
  • Goods shipped direct from suppliers may be subject to additional carriage charges. Any additional charges will be advised prior to the Order being despatched to the Customer.
  • The Company reserves the right to deliver in instalments at its discretion. Where delivery is by instalment, each instalment shall be treated as a separate contract and the failure by the Company to deliver any one or more instalments in accordance with these Conditions, or any claim by the Customer in respect of any one or more instalments shall not entitle the Customer to treat the Contract as a whole as repudiated.
  • The Customer shall indemnify and hold the Company harmless from and against any costs or losses incurred by the Seller as a result of the Customer's failure to take delivery of the Goods on the delivery date (in which case such indemnity shall include any additional storage charges) or cancellation of any order.
  • In the event of non-arrival of Goods, the Customer must inform the Company within 14 days of the date of the invoice or e-mail advice of despatch, otherwise no claim can be considered.

 

  • CANCELLATION OF GOODS
    • OMS endeavours to meet Customer's individual requirements but OMS shall be under no obligation to accept cancellation or amendment to any order or any part of an order. Where such cancellation or amendment is accepted it is on the understanding that a cancellation or amendment charge may be levied.
  • NON FAULTY PRODUCT RETURNS
  • Goods are not supplied on a sale or return basis. Returns of non-faulty goods will only be accepted at the sole discretion of and with the prior written permission of the Company. Permission must be obtained within 24 hours from time of delivery.
  • In the event that permission is given then the Customer will be refunded in full, less any re-stocking/handling fee due for all cancellations, amendments and non-faulty returned Goods.
  • Where the Company agrees to the return of non-faulty Goods, such items must be returned in the following time frame:
    • Goods requiring temperature-controlled storage must be returned in accordance with MHRA guidelines within 24 hours of delivery and must have been stored correctly whilst on the Customer's premises.
    • Pharmaceutical (other than those requiring temperature-controlled storage) must be returned within 2 days of delivery.
    • Non-pharmaceuticals Goods must be returned within 3 days of delivery.
  • If any non-faulty Goods are returned, they must be unused, in original packaging, they must not be relabelled, tamper evident seals must be intact and the Goods must be fit for sale.
  • The cost of carriage of non-faulty returned Goods accepted by the Company is the responsibility of the Customer, if the Company arranges collection a Charge of £12.50 will be applied.
  • Items made to Customer's own specification or have been specifically ordered will not be accepted for return unless faulty in accordance with condition 13.
  • Temperature controlled and pharmaceutical items will not be accepted for return unless faulty in accordance with condition 13.
  • Any Goods returned under this condition must be accompanied by a GRN note, which the Company will supply to the Customer upon request. Failure to do so will render any claim for credit null and void. Any credit will only be raised after satisfactorily passing inspection by the Company's distribution centre.
  • The Company reserves the right to request photographic evidence. The Company accepts no responsibility for Goods whilst in transit back to the Company.
  • Subject to the right of consumers to return goods for refund under The Consumer Protection (Distance Selling) Regulations 2000, OMS does not sell products on a trial basis. Customers are strongly advised to check suitability and specifications of products before ordering.
  • In the event that OMS, at its discretion & Under the Distance Selling Regulations (2000) you have the right to cancel the contract relating to your order at any time up to the end of 7 days after the goods are delivered. To exercise your right of cancellation, you must give written notice to OMS Group by letter, fax or email giving details of the order number, goods ordered and date received. Notification by phone is not acceptable. If you exercise your right of cancellation under the Distance Selling Regulations (2000) after the goods have been delivered to you, you will be responsible for returning the goods to OMS Group at your own cost. The Distance Selling Regulations (2000) places a duty on you to take reasonable care of the goods once you have exercised your right to cancel, the goods must be received with OMS's prior agreement within 7 days of delivery.
  • When exercising your right to cancel under the Distance Selling Regulations (2000) please return goods to OMS Group, Returns dept., 15 Victoria Road, Exmouth, EX8 1DL. If after exercising your right to cancel under the Distance Selling Regulations (2000) you do not return the goods as required OMS may charge you a sum not exceeding the direct costs of recovering the goods.

 

  • FAULTY PRODUCT RETURNS
    • OMS is committed to providing our customers with the highest quality products and service. However, on rare occasions, products may be found to be faulty or defective, and in keeping with our commitment to providing Customers with excellent service, we offer the returns facilities set out below:
    • All goods supplied by OMS are warranted to be generally free from defects in workmanship and materials and fit for the purpose for which such goods would normally be used. Subject to this, however, goods are not tested or sold as being fit for any particular application or for use under specific conditions, unless expressly agreed in writing.
    • Should you wish to return any Product due to a Fault you will need to Contact OMS to provide full details of the Fault along with the original purchase details
    • Any faulty products returned must be accompanied by an RTN returns note, which the Company will supply to the Customer upon request. Failure to do so could cause a delay in the product being repaired.
    • Prior to any repairs being made a full costing will be provided and Approval from the Customer will be required before the repair is completed.
    • Where a Product is returned stating as Faulty but No fault is found a Standard Administration charge of £25.00 plus VAT will be charge along with any Carriage Charges due.
    • Any Non-Faulty products that are return requiring only a new Bulb or Battery will be charged for these consumable items.
  • PRODUCT RECALLS
    • In the event that a Manufacture should deem a recall of any Goods to be appropriate, the Customer shall, upon notification from the Company (which may be made verbally and subsequently confirmed in writing), render all reasonable assistance as may be requested by the Company and, in particular, shall:
  • return to the Company all of the Goods covered by the recall (the "Affected Goods"), and
  • advise the Company (as far as practicable) in writing of the Customers of all Affected Goods already sold by the Customer.
  • The Company shall be responsible for the reasonable cost of collection of Affected Goods from the Customer and shall make the necessary arrangements for the collection of the Affected Goods.
  • In the event that the Company is unable to return to replace the Affected Goods within a reasonable period after such recall, the Company shall supply to the Customer a credit note to the value of all Affected Goods so retained by the Company.

 

  • LIABILITY
    • OMS shall under no circumstances be liable for any consequential or indirect damage or loss, however caused, including (but not restricted to) loss of profits, loss of goodwill, damage to trading relationships, and financial loss. OMS's liability in respect of all other losses shall be limited to the invoiced value of the relevant order.
  • PRIVACY POLICY
    • OMS do not disclose buyers' information to third parties other than when order details are processed as part of the order fulfilment. In this case, the third party will not disclose any of the details to any other third party.
    • Cookies are used on this shopping site where they are strictly necessary for the site functionality. They are used to aid navigation, and to keep track of the contents of your shopping cart. If you log in to an account, your logged-in status is recorded in a temporary cookie. If you select the 'Remember Me' Option in the checkout, a cookie will be used to remember your details. You can turn off cookies by blocking them in your browser Privacy settings. If you turn off cookies, you will be unable to place orders or benefit from the other features that use them.

      Data collected by this site is used to:
      a. Take and fulfil customer orders.
      b. Administer and enhance the site and service.
      c. Only disclose information to third-parties for goods delivery purposes.

 

  • OMS GROUPS MEMBERSHIP
  • Membership to any of OMS Groups exclusive Buying Groups (including but not limited to OMS Group, GP Buying Group, NHS Supplies) is subject to the following conditions;

  • Once you have joined the Group you must place an order within the first month, otherwise the account will be closed.
  • There is an expected minimum annual spend for each Group member of £999.99 per annum, which is reviewed on a pro rata basis, and monitored monthly.
  • We reserve the right to apply a nominal administration charge for your account.
  • If an account is closed, any credit with the OMS Group less than £100 will not be refunded to the customer.
  • If an account is closed, any credit with the OMS Group over £100 will be refunded to the customer minus an administration charge.
  • FORCE MAJEURE
    • The Company will not be liable to the Customer for any failure or delay in delivery of the Goods if it is due to any event beyond the reasonable control of the Company. The Company will be entitled to a reasonable extension of time for performing such obligations and shall not be liable for any loss or damage occasioned to the Customer thereby
  • PROPER LAW
    • This contract shall be governed by and construed according to the English law and the purchaser submits to the jurisdiction of the English courts. These terms of trade will prevail over any conditions that shall be issued by the customer. Customers should not rely on any representations made by staff as they do not form part of the contract or collateral contract.
      The above Conditions shall apply to all total orders for goods received by OMS for supply in the United Kingdom. No other conditions whether or not inconsistent with these Conditions shall apply. We may at any time revise these terms and conditions without notice. Please check regularly. Continued use of catalogue after a change has been made is your acceptance of the change.

 

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