General Conditions of Sale

1. PREVAILING CLAUSE Unless otherwise expressly agreed in writing, these conditions shall govern and form part of every contract for the provision of all Goods which are provided by the Institute and shall prevail over and exclude any terms or conditions, whether expressed or implied, of the Buyer.
2. VARIATIONS Any variation, cancellation or waiver of these conditions or any variation or waiver of the covering letter shall only be effective if made in writing and signed by a duly authorised representative of the Institute.
3. APPLICABLE LAW These terms and conditions and the covering letter shall be governed by and construed in accordance with English law.
   1. The Institute's handling fee as stated within the Institute's web site are subject to alteration without notice and all prices are stated exclusive of Value Added Tax and all other taxes, where applicable.
   2. Accounts are payable within 30 days of the invoice date.
   3. The Institute reserves the right to withhold delivery of subsequent orders and/or charge interest pursuant to the late payment of Commercial Debts (Interest) Act 1998 (as supplemented, amended or replaced from time to time) on any sums remaining unpaid after the due date.
   4. The Institute reserves the right at any time at its discretion to demand security for payment before continuing with or delivering any order.
4. RISK The Goods shall be at the risk of the Buyer from the time of delivery to the Buyer's nominated premises, or from the time of collection from the Institute's nominated premises by or on behalf of the Buyer, whichever is the earlier. In the event the buyer chooses to appoint his own carrier, broker or clearing agent risk passes on transfer to the buyers nominee.
   1. Legal and beneficial title in the Goods shall remain vested in the Institute, notwithstanding delivery to the Buyer's premises, until such time as the Institute has received payment in full for the Goods delivered and all other sums owed by the Buyer to the Institute.
   2. The Buyer acting as bailee shall, as far as reasonably practicable, take steps to ensure that products received and not paid for are clearly identifiable. However, the Buyer may may not sell the Goods in the ordinary course of business to any third party without providing the Institute with supporting evidence of this transaction.
   3. The Buyer's power of sale contained in clause 8.2 above shall automatically cease and the Institute reserves the right to repossess its Goods at any time in the event of the Buyer going into or threatening to go into liquidation, being wound up or threatening to be wound up, or the appointment of an administrator or administrative receiver, and the Buyer hereby grants to the Institute an irrevocable licence to enter the Buyer's premises for such purpose.
5.  NO RIGHT OF SET-OFF The Buyer shall not be entitled to set-off against any sums owed by the Institute.
6. BATCH RECALL In the event of any batch recall the Buyer agrees to cooperate with the Institute in taking all necessary steps to remove the relevant batch from the market place.
7. INTELLECTUAL PROPERTY RIGHTS For the avoidance of doubt, acceptance of the Buyer's order does not in any way entitle the Buyer to use any trademarks owned by the Institute, its associates and affiliates. Any infringement of the Institute's intellectual property rights, whether by substitution, passing-off, copyright or trademark infringement or any other improper use whatsoever will result in the Institute taking appropriate action to safeguard its interests.
   1. All stocks of Goods shall be stored and transported by the Buyer in accordance with the Conditions of Storage and any Health and Safety Data Sheets and/or Product Data Sheets as issued or amended by the Institute from time to time.
8. FORCE MAJEURE The Institute shall not be liable for any delay in or non-performance of any of its obligations for the duration and to the extent that such is caused by any event or circumstance beyond the Institute's reasonable control ("force majeure") including, but not limited, to acts of God, fire, industrial action, riot, civil commotion, flood, breakdowns of plant or machinery, the acts of a third party or the intervention of a competent authority.
9. ENFORCEABILITY If any of these terms and conditions is held to be invalid, unenforceable or unlawful for whatever reason, such decision shall not affect the validity or enforceability of the remaining terms and conditions.
10. CARRIAGE AND HANDLING CHARGES. NIBSC carriage costs do not apply for postal shipments. The Institute reserves the right to make an additional charge for all special or urgent deliveries.
    1. The Institute does not normally provide Goods to intermediaries. The Buyer shall not distribute or sell Goods to any destination outside his own country without prior permission from the Institute except to an affiliate of the Buyer's own organisation.
    2. Any orders supplied for delivery to a destination outside of the United Kingdom shall be governed by INCOTERMS 2000. In the event of a conflict between INCOTERMS and these terms and conditions, the latter shall prevail.
    3. It is the responsibility of the buyer to advise the Institute of any special documentary requirements required by their authorities including import licenses, import permits veterinary certificates.

Back to your Order