If the Customer establishes to Apex Surgical reasonable satisfaction that there is a defect in the Products or there is some other failure by Apex Surgical in relation to the conformity of the Products with the Contract and the Customer gives notice in writing to Apex Surgical within seven days after delivery, then Apex Surgical shall, at its option and at its sole discretion and within a reasonable time, refund the Customer or replace such Products with products which are in all respects in accordance with the order.
Incorrectly ordered or unwanted stock must be related to Apex Surgical within seven days and shall be returned in an unopened condition at the customers expense and will be subject to a 20% restocking charge.
Risk in the Products shall pass to the Customer on delivery. Notwithstanding this, the Products remain the property of Apex Surgical until the Price plus any VAT and Delivery Charges have been paid to Apex Surgical in full in cleared funds, and until property passes the Customer will hold the Products on a fiduciary basis as Apex Surgical’s bailee. In the event that the Customer fails to make payment in a timely fashion; commits a material breach of any term, condition or obligation under this Contract; has any judgment taken or levied against it; is deemed unable to pay its debts with the meaning of Section 123 of the Insolvency Act or otherwise; has its property seized; goes into liquidation; or has a receiver or administrator appointed over any of its assets Apex Surgical may, without prejudice to any other rights and remedies available, by notice in writing, enter any premises to recover the Products.
