Terms & Conditions

North England Laboratory Supplies

1. Definitions

In these Terms:

Company means North England Laboratory Supplies Ltd (“NELS”) (Company Number 04105738) whose registered office is at 7 Cumbie Way, Aycliffe Industrial Park, Newton Aycliffe, County Durham, DL5 6YA.

Customer means the person, company, institution or organisation purchasing Products or Services from the Company.

Contract means any agreement formed between the Company and the Customer for the supply of Products and/or Services.

Products means all chemicals, reagents, laboratory consumables, instrumentation, equipment, spare parts, accessories, and other goods supplied by the Company.

Services means calibration, maintenance, repair, installation, validation, consultancy, technical support, training, and any other services supplied by the Company.

Working Day means any day other than a Saturday, Sunday, or public holiday in Scotland.

2. Basis of Contract

2.1 These Terms apply to all quotations, orders, sales and supplies of Products and Services by the Company.

2.2 These Terms shall prevail over any terms proposed or submitted by the Customer unless expressly agreed in writing by a Director of the Company.

2.3 No quotation issued by the Company shall constitute an offer capable of acceptance.

2.4 An order submitted by a Customer shall constitute an offer to purchase.

2.5 A Contract shall only arise when the Company issues written acceptance of the order or dispatches the Products.

2.6 The Customer acknowledges that it has not relied upon any statement, representation, or warranty other than those expressly set out in the Contract.

3. Customer Accounts

3.1 The Company may require completion of a credit account application before accepting orders.

3.2 The Company reserves the right to refuse or withdraw credit facilities at its sole discretion.

3.3 The Company may suspend deliveries where credit limits are exceeded or payments are overdue.

4. Products

4.1 Product specifications, descriptions, photographs, and technical data published in catalogues, websites or marketing materials are indicative only.

4.2 Manufacturers may change specifications without notice, and the Company reserves the right to supply revised products of equivalent performance.

4.3 The Customer is responsible for determining the suitability of Products for its intended applications.

4.4 Unless expressly stated otherwise, Products are supplied for laboratory, research, industrial or educational use only.

4.5 Products must not be used as active pharmaceutical ingredients, medical treatments, veterinary treatments or in human consumption applications unless specifically authorised by the manufacturer and applicable legislation.

5. Chemicals and Hazardous Materials

5.1 The Customer shall comply with all applicable legislation relating to hazardous substances including UK REACH, COSHH, CLP and associated regulations.

5.2 Safety Data Sheets supplied by the Company must be reviewed before use.

5.3 The Customer shall ensure suitable storage, transport, handling, use, and disposal procedures are implemented.

5.4 Risk associated with the use of chemicals passes to the Customer upon delivery.

5.5 The Company shall not be liable for any loss, damage, injury or contamination arising from misuse, improper storage, incompatible mixing, repackaging, or alteration of Products.

6. Technical Information and Advice

6.1 Technical information and recommendations are provided in good faith based upon information available at the time.

6.2 The Customer remains solely responsible for verifying suitability for any intended application, process, or regulatory requirement.

6.3 No technical advice given by the Company shall constitute a warranty or guarantee of performance.

7. Instrumentation and Equipment

7.1 Instrument specifications are subject to manufacturer revision.

7.2 The Customer shall ensure that installation sites, utilities and environmental conditions meet manufacturer requirements.

7.3 Any installation dates provided are estimates only.

7.4 Equipment warranties shall be limited to those provided by the original manufacturer.

7.5 Warranty claims may be rejected where damage arises from:

• misuse.
• negligence.
• abnormal operating conditions.
• unauthorised modifications.
• unsuitable environmental conditions.
• installation by unauthorised persons.

7.6 Consumable items, routine maintenance parts and user-replaceable components are excluded from warranty unless expressly stated otherwise.

8. Calibration, Servicing and Maintenance

8.1 Services shall be performed using reasonable skill and care in accordance with good industry practice.

8.2 Calibration certificates reflect the condition of equipment at the time of testing only.

8.3 The Company does not guarantee continued performance following completion of calibration or servicing.

8.4 The Customer shall provide safe access, utilities, and equipment availability necessary to perform Services.

8.5 Additional charges may apply where site access is unavailable, or appointments are cancelled with less than 48 hours’ notice.

8.6 Replacement parts supplied during servicing may be charged separately unless included within a written service agreement.

8.7 If, upon attendance, our engineer determines that the equipment is faulty or not in a safe and operational condition, the scheduled service cannot be completed. A quotation for any necessary repairs and/or replacement parts will be provided. The service can only be carried out once the equipment has been fully repaired and is operational. The full quoted service charge remains payable where attendance has been made, regardless of whether the service can be completed due to equipment faults.

8.8 Quotations are based on the estimated time required to complete the service. Should our engineer be required to remain on site beyond the time allowed within the quotation, additional charges will apply in half-day increments at our standard service rates.

9. Prices

9.1 Prices are exclusive of VAT.

9.2 Prices exclude delivery, insurance, surcharges, import duties and packaging unless stated otherwise.

9.3 The Company reserves the right to amend pricing before shipment to reflect:

• manufacturer increases.
• currency fluctuations.
• freight costs.
• regulatory costs.
• taxation changes.

9.4 Where a price increase exceeds 5%, the Customer may cancel the affected order within five Working Days of notification.

9.5 Minimum order charges may apply.

10. Payment

10.1 Payment shall be due within 30 days from invoice date unless alternative terms have been agreed in writing.

10.2 Time of payment shall be of the essence.

10.3 The Company reserves the right to require advance payment.

10.4 Interest shall accrue on overdue sums at 5% per annum above the Bank of England base rate.

10.5 The Customer shall reimburse all reasonable costs incurred in recovering overdue debts.

10.6 The Customer shall not withhold payment by way of set-off, deduction or counterclaim.

11. Delivery

11.1 Delivery dates are estimates only and are not guaranteed.

11.2 Risk in Products passes upon delivery.

11.3 The Company may deliver in instalments.

11.4 Claims for shortages, incorrect Products or transit damage must be made within seven days of delivery.

11.5 non-delivery claims must be made within seven days of the expected delivery date or invoice date, whichever is later.

11.6 Failure to make a claim within these periods shall constitute acceptance of the Products.

12. Retention of Title

12.1 Ownership of Products shall remain with the Company until all sums owed by the Customer have been paid in full.

12.2 Until title passes, the Customer shall:

• store Products separately.
• keep them clearly identifiable.
• maintain them in satisfactory condition.

12.3 The Company may recover Products where payment is overdue.

13. Returns

13.1 No Products may be returned without prior written authorisation.

13.2 Requests relating to damaged Products must be made within three days of delivery.

13.3 Requests relating to specification concerns must be made within 28 days.

13.4 Other returns must be requested within seven working days and may be subject to a restocking charge of 15% of invoice value, with a minimum charge of £30.

13.5 The following Products are non-returnable unless defective:

• Opened Chemicals, reagents, solvents, hazardous materials, controlled substances, or temperature-sensitive products.
• Sterile, diagnostic, medical, or consumable products.
• Products made to customer specification or specially sourced items.
• Non-stock products ordered specifically for the customer.
• Expired, damaged, shelf-worn, opened, or partially used products.
• Third-party direct shipment products not originally supplied by North England Laboratory Supplies.
• Discontinued items

13.6 Returns, Cancellations and Supplier Restrictions

The Customer acknowledges that certain products are sourced specifically to order, including products supplied from overseas manufacturers or distribution centres. Where a return is requested, acceptance of such return will be subject to the supplier's approval and policies. In many cases, suppliers may refuse returns for goods that have been imported, specially ordered, manufactured to order, or supplied from European or international sources. Where a return is refused by the supplier, North England Laboratory Supplies reserves the right to decline the return request, and the Customer shall remain responsible for the goods.

Similarly, once an order has been placed with a supplier, cancellation may not be possible where the goods are already in transit, have entered the production process, have been specially sourced, or are otherwise committed by the supplier. In such circumstances, the Customer shall remain liable for the full cost of the order, irrespective of delivery lead times, changes in requirements, or ordering errors.

North England Laboratory Supplies will make reasonable efforts to assist Customers with return and cancellation requests; however, acceptance of such requests is entirely subject to supplier approval and any costs, restocking charges, freight costs, or other charges imposed by the supplier shall be borne by the Customer.

14. Product Recalls

14.1 The Company may issue product recalls where required by manufacturers or regulatory authorities.

14.2 The Customer shall cooperate fully with any recall programme.

14.3 The Customer shall retain traceability information where reasonably required.

15. Export Controls and Compliance

15.1 The Customer shall comply with all applicable export control, sanctions, and trade regulations.

15.2 The Company reserves the right to refuse any transaction where compliance concerns arise.

16. Intellectual Property

16.1 Intellectual property rights in Products, documentation, reports, certificates, software, and service outputs shall remain the property of the Company or its licensors.

16.2 Intellectual property created by the Company during provision of Services shall belong exclusively to the Company unless otherwise agreed in writing.

17. Confidentiality

17.1 Each party shall keep confidential any technical, commercial, or business information obtained from the other.

17.2 This obligation shall survive termination of the Contract.

17.3 Disclosure may be made where required by law or regulatory authority.

18. Data Protection

18.1 The Company shall process personal data in accordance with UK GDPR and applicable data protection legislation.

18.2 Further information is available within the Company's Privacy Policy.

19. Limitation of Liability

19.1 Nothing in these Terms shall exclude liability for:

• death or personal injury caused by negligence.
• fraud or fraudulent misrepresentation.
• any liability which cannot legally be excluded.

19.2 Subject to clause 19.1, the Company shall not be liable for:

• loss of profit.
• loss of revenue.
• loss of opportunity.
• loss of contracts.
• loss of goodwill.
• indirect or consequential loss.

19.3 The Company's total aggregate liability shall not exceed the value of the invoice relating to the relevant Products or Services giving rise to the claim.

20. Force Majeure

20.1 The Company shall not be liable for delays or failures caused by circumstances beyond its reasonable control including:

• supplier shortages.
• transport disruption.
• industrial disputes.
• pandemics.
• natural disasters.
• government action.
• cyber incidents.
• utility failures.

20.2 Performance shall be suspended for the duration of the event.

21. Termination

21.1 The Company may terminate the Contract immediately where:

• payment is overdue.
• the Customer becomes insolvent.
• the Customer commits a material breach of Contract.

21.2 Upon termination all outstanding amounts shall become immediately due and payable.

22. Anti-Bribery and Ethical Conduct

22.1 The Customer shall comply with the Bribery Act 2010 and all applicable anti-corruption legislation.

22.2 The Customer shall not engage in any activity likely to bring the Company into disrepute.

23. General

23.1 If any provision is found invalid or unenforceable, the remainder of the Terms shall remain in effect.

23.2 Failure to enforce any right shall not constitute a waiver of that right.

23.3 The Customer may not assign its rights without the Company's prior written consent.

23.4 These Terms constitute the entire agreement between the parties.

23.5 A person who is not a party to the Contract shall have no rights under the Contracts (Rights of Third Parties) Act 1999.

24. Governing Law

24.1 These Terms and any Contract arising from them shall be governed by the laws of England and Wales.

24.2 The parties submit exclusively to the jurisdiction of the courts of England and Wales.