Terms & Conditions

1. Definitions:

1. ‘Company’ means Cavix UK Ltd.
2. ‘Customer’ means the veterinary practice or any person to whom the Company has agreed to supply goods.
3. ‘Consumer’ means an individual acting for purposes which are wholly or mainly outside that individual's trade, business, craft or profession.
4. ‘Trader’ means a person acting for purposes relating to that person's trade, business, craft or profession, whether acting personally or through another person acting in the trader's name or on the trader's behalf.
5. ‘Goods’ means the products which the Company is to supply to the customer in accordance with these conditions.
6. ‘Writing’ includes, text, e-mail or similar means of communication.

2. Breakages and Shortages

1. In the case of obvious shortages or suspected damage to deliveries of goods, the driver’s delivery note must be signed accordingly by the person accepting the delivery on behalf of the customer.
2. All claims for broken or missing goods should be reported to the Company no later than 72 hours from the date/time of delivery.
3. Where independent transport is used, failure to sign or indicate on delivery notes any shortage and/or damage will invalidate the Company’s claim against the carrier involved and therefore the customer’s claim against the Company.

3. Returned Goods Policy

1. Under normal circumstances, goods will not be accepted for return and subsequent credit other than for the following reasons:
   1. To correct a delivery or order error made by the Company.
   2. In response to a recall instigated by a manufacturer.
   3. Where the products or packages are alleged to have been faulty, damaged or tampered with prior to delivery.
   4. Where the products have been offered on a pre-arranged ‘sale or return’ basis.
   5. Where the Company agrees, in advance of their return, to accept goods not covered by any of the above criteria.
2. Goods Returned to Correct a Company Error:
   1. The goods must be returned within 14 working days of receipt.
   2. Goods requiring temperature-controlled storage must be notified to the Company no later than the next working day and must have been stored in accordance with the manufacturer’s recommendations whilst on the customer’s premises.
3. Goods must be adequately packaged, in their original packaging to ensure that no damage is caused during their return to the Company.
4. All returned goods must be free from defect and include the following documentation:
   1. A Returns Form, a copy of the original invoice or delivery note, or the number of the specific invoice on which the goods were supplied, together with a reason for their return.
   2. If this information isn’t supplied, issuing a credit isn’t guaranteed and will lead to a delay.
5. Returns where the products or packages are alleged to have been faulty, damaged or tampered with prior to delivery:
   1. Details of the fault or damage should be notified to the Company as soon as possible in order that the manufacturer can be alerted if appropriate.
6. Where the Company agrees to accept the return of goods outside of the criteria recited in clause 3 a. Goods will only be accepted by prior agreement with the Company and must be accompanied all the information detailed in 3 b, along with the name of the person who has authorised the return.
7. A minimum restocking fee of £20 or 20% of the order value, whichever is the greater, will be applied.
8. The restocking fee is not applicable to orders placed by consumers online. As per the Consumer Contracts Regulations 2013 (CC, ICAC), consumers are entitled to full refund for online orders should they notify Cavix UK Ltd. 14 days from goods receipt of their intention to return and a further 14 days from that point to return the order.
9. A restocking fee can still be applied if the items in question aren’t returned in their original condition and or packaging.
10. Business to business orders placed online and the subsequent waving of the restocking fee, is at the discretion of the Company.
11. Non standard Orders:
    1. These products will not be accepted for return or credit unless supplied as a result of a Company error. In such cases, the product must be returned within 7 working days of receipt.
    2. Date Expired Goods will only be accepted for credit in accordance with the terms laid down by the manufacturer concerned.

4. Price of Goods

1. Goods will be invoiced at the prevailing price at the date of despatch to the customer. The price of goods shall be subject to alteration by the Company without prior notice to the customer. The price is exclusive of any Value Added Tax for which the customer shall be additionally liable to pay the Company without prior notice to the customer. The price is exclusive of any Value Added Tax for which the customer shall be additionally liable to pay the Company.

5. Terms of Payment

1. Payment is strictly 30 days net from the date of invoice. Failure to adhere to the terms outlined may result in the suspension of deliveries and/or further action at the Company’s discretion.
2. All payments to be made in GBP (£).

6. Delivery

1. Any dates/times quoted for delivery of the goods are to be treated as estimates only and the Company shall not be liable for any loss, injury, damage or expense arising from delay in delivery of the goods howsoever caused.

7. Force Majeure

1. The Company shall not be liable to the customer or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of the Company’s obligations in relation to the Goods, if the delay or failure was due to any cause beyond the Company’s reasonable control.
2. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond the Company’s reasonable control:
   1. 
      
   2. Act of God, explosion, flood, tempest, fire or accident;
   3. Strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of the Company or third parties);
   4. War or threat of war, sabotage, insurrection, civil disturbance or requisition;
   5. Import or export regulations or embargos;
   6. Difficulties in obtaining raw materials, labour, fuel, parts or machinery;
   7. Power failure or breakdown in machinery.

8. Liability

1. Goods are sold on the understanding that the customer is solely responsible for determining the suitability of the goods for the purposes for which the customer intends to use them.
2. Accordingly the Company’s liability for any loss or damage suffered by the customer and arising by defects in the goods, shall be limited to the invoice price of the goods in respect of or in relation to which loss or damages is claimed.
3. The Company will not accept under any circumstances liability for consequential loss, damage or loss of profits arising from the use of the goods, service, information and advice.

9. Title and Risk

1. Unless otherwise agreed in writing between the parties prior to delivery, the title to the goods shall not be transferred to the customer until the full purchase price has been paid to the Company.
2. The risk of loss or damage to the goods shall pass to the customer on the date that the goods are received and accepted by the customer.

10. Insolvency

1. Under This clause applies if:
   1. The customer makes any voluntary arrangement with its creditors or becomes subject to an administration order or (being an individual or firm) becomes bankrupt or (being a company) goes into liquidation (otherwise than for the purpose of a solvent amalgamation or reconstruction);
   2. An encumbrancer takes possession, or a receiver is appointed, over any of the property or assets of the customer;
   3. The customer ceases, or threatens to cease, to carry on business; iv. The Company reasonably apprehends that any of the events mentioned above is about to occur in relation to the customer and notifies the customer accordingly.
2. If this clause applies then, without prejudice to any other right or remedy available to the Company, the Company shall be entitled to cancel the Contract or suspend any further deliveries under the Contract without liability to the customer.
3. If the Goods have been delivered but not paid for, the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.

11. Indemnity

1. The customer agrees to indemnify the Company against all loss, damage, costs, legal costs and professional and other expenses of any nature whatsoever incurred or suffered by the Company or by a third party as a result of the use of the Goods, the breach of any legislation relating to the use of the Goods or as a result of any breach of the Contract by the customer

12. Jurisdiction

1. These conditions shall be construed in accordance with and governed by English Law. Each of the parties irrevocably submits for all purposes in connection with the Conditions to the exclusive jurisdiction of the Courts of England.

13. Deliveries:

1. In stock items will be despatched as soon as practicable. Urgent items can be despatched on the day an order is placed, provided we receive the order by 3:30 pm GMT and the products are in stock at the point of order receipt.
2. Please state clearly that the order is urgent and advise your preferred method of delivery.
3. Delivery next day (up to 6pm on weekdays only) to England & Lowland Scotland.
4. Cavix utilise dedicated logistic partners and therefore shall not be deemed to have any liability (whether in contract, tort, negligence or otherwise and howsoever arising) for any failure to fulfil deliveries within specified timescales.
5. Standard next day delivery by courier Royal Mail Tracked 24.