Terms & Conditions

Terms & Conditions


1. Formation of a Contract

1.1 Quotation’s given on these terms and conditions will only remain valid for a period of 30 days.

1.2 On acceptance of the quotation by placing an order within the specified period in paragraph 1.1 above, you will be bound by these terms and conditions. Each quotation accepted shall constitute an individual legally binding contract between you and us. Such contract is hereinafter referred to in these terms and conditions as "an order".

1.3 No addition, alteration, substitution or waiver of these terms and conditions will be valid unless expressly accepted in writing by us or a person authorised to sign on our behalf.

1.4 Nothing in these terms and conditions shall prejudice any condition or warranty expressed or implied, or any legal remedy to which we may be entitled in relation to the goods / and or the work the subject of this quotation.

1.5 These terms and conditions shall be construed in accordance with the laws of Ireland and shall be subject to the exclusive jurisdiction of the courts.

2. Specification

All goods supplied by us shall be in accordance with the quotation given and any further specifications or descriptions agreed or expressly listed or set out on the face of the order.

3. Acceptance

3.1 You will be deemed to have accepted all goods upon their delivery by us to the address specified in the order.

3.2 We must be informed in writing within 5 days of acceptance of the order of any changes, alterations, reductions or cancellations. Where changes are made to the order after acceptance of the order ,you shall be liable to pay for the full cost of any commitments entered into by Schivo + 30% unless agreed otherwise at the time of the.

4. Delivery and Risk

4.1 Unless otherwise stated in the order, the price quoted excludes delivery and insurance to the address specified in the order. For the avoidance of doubt, delivery shall be at the customers’ premises appearing on the purchase order, unless otherwise agreed. 

4.2 Whereas we will try to ensure compliance with any delivery times and dates given, such times and dates are an estimate only. We will not be liable (in contract, negligence or otherwise) for any loss whatsoever arising from or consequential upon delay in delivery.

4.3 Unless otherwise expressly agreed, we may make delivery in one or more instalments. 

4.4 Risk in the goods shall pass to you upon delivery[delivery is deemed made when the goods are made available to you for unloading at the point of delivery or collected by your carrier from our premises]

4.5 Return of goods can only be accepted with prior authorisation of SCHIVO Medical.


5. Title and Payment

5.1 We warrant that we have good title to the goods and will transfer such title as we have in the goods to you pursuant to paragraph 5.3 below.  We further warrant that the goods sold will conform with their specification as published by us. 

5.2 Unless otherwise stated in the order, payment of the price of the goods comprised in each order shall become due 30 days from invoice date.  We reserve the right to issue our invoice upon dispatch or at any time thereafter. 

5.3 Title to the goods comprised in the order shall not pass to you until you have paid the full price, although we reserve the right to sue for the price once payment becomes due notwithstanding that title may not have passed. 

5.4 You shall be liable to pay interest on any overdue amount at a rate of 8 % per annum, from the date due for payment until payment, calculated on a daily basis and compounded monthly.  Interest will be payable both before and after judgement. 

6. Price

6.1 Prices quoted are exclusive of value added tax (VAT) delivery, insurance and packaging charges. Delivery,insurance and packaging charges will be charged for separately.

7. Damage in Transit

Goods damaged in transit must be notified to us in writing within 3 days of delivery.

8. Force Majeure

8.1 We shall not be liable for delay or failure to perform any of our obligations under this order if the delay or failure is caused by any circumstances beyond our reasonable control.                                                                                                          
8.2 For the purposes of this condition, "force majeure" shall include, but not be limited to acts of God, war, terrorism, civil disorder, industrial dispute, fire or explosions.

8.3 Upon the happening of a "force majeure" event we shall be entitled to a reasonable extension of time for the performance of our obligations.

9. Guarantees

No warranty or condition shall be implied herein against the Company by Statue, Common Law or otherwise howsoever and no representation or express condition or warranty shall be binding on the Company, unless it be in writing and signed for on the Company’s behalf.

10. Exclusions

10.1 If we are in breach of any of the warranties arising under these terms and conditions, our liability shall be limited to:-

(a) Replacement of the goods supplied or

(b) At our option, reimbursement of the price. 

10.2 Other than as set out in these terms and conditions, we shall not under any circumstances have any further liability to you and, without prejudice to the generality of the foregoing, we shall not be liable for any indirect, consequential, special, incidental or punitive loss or damage (whether for loss of current or future profits, loss of enterprise value or otherwise) howsoever caused whether by negligence, breach of contract, misrepresentation or otherwise, even if advised of the possibility of such damages.

10.3 Nothing in these conditions of sale shall exclude or limit our liability for death or personal injury resulting from our negligence or the negligence of any of our employees or agents, nor shall these terms and conditions operate to exclude or limit any statutory rights which cannot be legally excluded or limited, including the statutory rights of a consumer. 

11. Complaints

We aim to provide a high level of service. If you do have an enquiry or complaint regarding the goods provided by us please address them to SCHIVO Medical, IDA Business Park, Cork Road, Waterford, Ireland.

12. Application

These conditions of sale shall apply to any purchase of goods under an order which is accepted by us.  No other terms shall apply to the sale of such goods, including any standard conditions of purchase adopted by you, even if they are printed on the written order submitted by you or any other document issued by you unless specifically agreed