TERMS AND CONDITIONS

MCCALLAN MEDICAL LIMITED

CONDITIONS OF BUSINESS

1. Definitions

1.1 In these conditions the following words have the following meanings unless the context requires otherwise.

“Company” means McCallan Medical Limited (company number: 7474866) whose registered office is at St Helens House, King St, Derby DE1 3EE

“Contract” means any contract between the Company and the Client incorporating these conditions for the provision of the Services;

“Client” means the person whose order for Services is accepted by the Company;

“Deliverables” means products which the Company agrees to provide to the Client as part of the Services

“Order Confirmation” means the Company’s written acceptance of the Client’s order which sets the scope of the Services

“Services” means the services to be performed by the Company for the Client as set out in a Statement of Work.

2. Basis Of Contract

2.1 These conditions shall govern the agreement between the Company and the Client to the exclusion of any other terms or conditions.

2.2 No variation to these conditions shall be binding on the Company unless agreed in writing between the Client and the Client’s allocated point of contact at the Company.

2.3 The Client acknowledges that it does not rely on any representation and/or warranty which are not set out in the Contract and has not been made in accordance with these conditions

3. Orders and Contract

3.1 The Client shall be responsible for the accuracy of any order for Services.

3.2 The Contract between the Company and the Client shall come into effect on the Company’s acceptance of the Client’s order by issuing an Order Confirmation.

3.3 If the Client cancels this Contract for any reason it shall have no further recourse against the Company under this Contract.

3.4 If the Company supplies less than the number of Deliverables ordered, the Client shall be entitled, at the sole option of the Company, either to a further delivery of the amount of Deliverables outstanding or a refund of the price for those outstanding Deliverables.

3.5 If the Company supplies more than the number of Deliverables ordered, the Client shall be entitled at the Company’s sole option either to return the extra Deliverables to the Company or pay an extra price for and keep the extra Deliverables.

4. Price and Payment

4.1 The price of the Services shall be as set out in the Order Confirmation.

4.2 Payment shall not be deemed to be made until the Company has received cleared funds in respect of the full amount outstanding.

5. Specification

5.1 The description and specification for the Services (including any Deliverables) shall be that set out in the Order Confirmation.

5.2 The Client is responsible for checking the Confirmation Order and satisfying itself that any specification given is accurate and adequate for the Services it requires.

6. Property and Risk

6.1 Risk of damage to or loss of the Deliverables shall pass to the Client upon delivery to the Client or (if to be used in the performance of the Services) the site where they are to be utilised. The Company will replace free of charge any Deliverables in which risk has passed to the Client if they are damaged or lost due to the neglect or default of the Company, its employees or other representatives.

7. Guarantee

7.1 The Company guarantees that any Deliverables supplied will be free from defects in workmanship for a period of 1 year from the date of completion of the contract.