Terms of Sale
1. Definition
The "Company" means Limbs & Things Limited in all its regions, and divisions including: FLS Products & eoSurgical. The "Customer" means any party contracting with the Company. "Goods" means any equipment, product, or article to be sold by the Company to the Customer.
By visiting this site and/or purchasing from it, you engage in the Company's service and agree to be bound by the Terms of Service (Terms & Conditions, ToS, Terms) set out below. The ToS apply to all users without limitation.
The terms set out hereunder shall apply to any contract made between the Company and the Customer.
2. General Conditions
- No person other than a Director of the Company shall have the authority on behalf of the Company to vary, waive, or add to these terms, or to make any agreement, or give any consent, referred to therein and no such variation waiver addition or agreement or consent shall be binding upon the Company unless it is in writing and signed by a director
- The Customer may not use the Company's products for any illegal or unauthorised purpose, nor may they violate laws in any jurisdiction
- The Customer must not transfer/transmit any worm, code, virus or malware of a destructive or phishing nature
- A breach or violation of any of these Terms may result in the immediate termination of your service
- The Company reserves the right to refuse service to anyone at any time
- You agree not to reproduce, sell or exploit any portion of the Company's service or product range without express written permission from the Company
3. Price
The Company's prices are quoted in Sterling unless otherwise indicated on the quotation and are exclusive of all government duties and taxes relating to the supply for which the Customer will remain liable at the relevant rate.
Until an order is binding on the Company in the terms set out, all prices are subject to variation without notice.
Requests by the Customer to modify or vary specifications must be agreed in writing by the Company and made subject to the Customer paying any resulting additional costs or price increases.
The Company reserves the right to modify quoted prices whether before or after the order is binding on the Company if prices of components imported from outside the UK are affected by changes in exchange rates or government duties or taxes to take account of any other variation in costs including without limitation variation in the cost to the Company of supplies, materials, labour, operation or transport provided that in the event of any such changes in price after the purchase order has been placed by the Customer the Customer shall be entitled to cancel the order within 7 days of being notified of the change and each party shall thereupon be discharged from any further liability in relation to the order.
4. Quotations & Ordering
No quotation made by the Company shall constitute an offer to contract with the Customer. Any order placed by the Customer in response to such a quotation shall constitute an offer made to the Company on the terms set out herein and shall be binding on the Company only if it is accepted by the Company in writing.
In any event without prejudice to other sub-clauses the supply of the Goods shall only be upon the terms set out herein (subject to any variation, waiver, addition or agreement made) and acceptance of delivery of the Goods shall be confirmation of the agreement of the Customer thereto in default of any prior agreement.
5. Import & Export Licenses
The Customer is responsible for obtaining all import licenses and indemnifies the Company for losses incurred in respect of Goods shipped without valid import licenses.
Delivery is subject to the granting of all necessary export licenses and the Company accepts no liability arising from any delay in obtaining such licenses.T
6. Delivery
Delivery shall be FCA Limbs & Things Limited, Bristol, UK (Incoterms 2020). Upon request, delivery can be arranged by the Company on behalf of the Customer and under these circumstances the Company reserves the right to reclaim all costs relating to the delivery of products from the Customer and will use reasonable endeavours to minimise these costs.
In cases where the Company arranges delivery of the Goods from the Company’s works, it does so as agent for the Customer and the Customer will indemnify the Company against all costs and liabilities relating thereto. The Customer shall remain responsible for insurance unless the Company is otherwise notified in writing.
Delivery of the Products will be arranged by the Company on or as close as possible to the Customer’s requested delivery date subject to the Company’s existing priorities and schedules. The Customer will be advised of Company’s estimated time or date for delivery, which is an estimate only, this may be cancelled or revised at the Company’s option. The Products comprised in any order may be delivered and invoiced in instalments, at the Company’s discretion.
Delivery will only be delayed at the Customer’s request if agreed in writing by the Company. Any costs incurred by the Company as a result of such delay shall be paid by the Customer.
If the Customer fails to take delivery of the goods or fails to give the Company adequate delivery instructions at the time stated for delivery (otherwise than by reason of any cause beyond the Customer’s reasonable control or by reason of the Company’s fault) then, without prejudice to any other right or remedy available to the Company, the Company may:
Store the goods until actual delivery, and charge the Customer for the reasonable costs (including insurance) of storage, or
Sell the goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Customer for the excess over the price under the Contract, or charge the Customer for any shortfall below the price under the Contract, in addition the Customer shall indemnify the Company against all costs, claims, expenses (including without limitation demurrage), or damages howsoever arising as a result of the Customer’s failure to take or delay in taking deliveryThe Customer shall inspect the Goods on delivery at its destination and the Company shall not be liable for any damage to or defect in the Goods or for any shortage on arrival at its destination for which it would otherwise be liable hereunder unless the Customer shall have notified the Company and the carrier within 7 days of arrival and shall have given the Company reasonable opportunity to inspect the Goods concerned.
7. Shipping & Inspection On Arrival
All orders will be shipped by our standard regional courier, unless otherwise requested. If you require priority shipping, state your needs on your order. Please note, additional shipping costs will apply.
We ask that you check your shipment within 7 days of receipt, and notify us of any issues within 14 days so that we can best address your concerns.
While we endeavour to meet your delivery requirements, our normal delivery time varies from 3-4 weeks from receipt of order, and may be extended at certain peak periods.
8. Title
Notwithstanding delivery of the Goods or of any document representing the Goods, the property in each item of the Goods shall remain with the Company until full payment has been received by the Company for all goods whatsoever supplied by the Company to the Customer under this or any other contract.
Until such receipt by the Company the Customer shall, unless otherwise agree by the Company in writing:
- Ensure that the Goods are properly stored separately or marked so that they may be readily identified as the property of the Company
- Keep the Goods in its possession and control, intact and in a good state of repair and condition
- Keep the goods insured to their full value against all risks
- Not remove the Goods from the UK except as envisaged by this order or otherwise with the Company's prior consent
- Keep the Goods free from any charge, pledge, lien or other encumbrance, and from any distress, execution or other legal process, and upon request, inform the Company of the whereabouts of the Goods and procure that the Company shall have access thereto at all times on reasonable notice
In the event that payment for Goods is overdue in whole or in part, or the Customer becomes bankrupt or has a receiver, liquidator or administrator appointed in respect of its business or is otherwise shown to be insolvent, the Company may (without prejudice to its other rights) recover or resell the Goods and may enter upon the Customer's premises for that purpose.
9. Payment
Each consignment shall be invoiced to the Customer together with the cost of carriage where appropriate, on the acceptance of an order and except as otherwise agreed, the Goods shall not be delivered before payment is made.
The Company reserves the right to charge interest at Bank of England base rate, plus 3% on all overdue accounts.
10. Returns
Returned products must be unused and include: the original invoice, the original packaging, and be in a saleable condition. All returns are subject to a 15% re-stocking fee, and shipping costs will not be included in any cash refund or credit note given.
A cash refund will be given for a product returned within 30 days of the invoice date*. Items returned within 45 days of the original invoice will receive a credit note for the price of the product only. Credit notes are valid for up to 2 years, and may not be exchanged for cash at any time.
We cannot accept returns after 45 days of the invoice date.
To ensure your return is handled correctly, please contact Customer Services to log your return and receive an RMA form prior to returning a product.
*Note: Software licenses are an exception to the returns policy. Subscription products, including Suture Tutor (STP-PRO-COM & STP-PRO-SUB) and eoSurgical SurgTrac, can't be returned once the online password/access has been issued.
11. Liability
The Company shall be responsible for any personal injury or death to the extent that it is shown to be caused by any negligence on the part of the Company and not directly or indirectly by any misuse negligence, wilful act or default by the Customer but in no circumstances will the Company be responsible for any loss of business or profit, arising for any reason including negligence on the part of the Company.
The Customer will keep the Company and its employees, agents, and other subcontractors, indemnified against any claim made by third parties relating to the Goods except any claim for which the Company accepts responsibility under the preceding sub-clause:
- Whereupon an inspection of the Goods (Under ToS Delivery) the Company is satisfied that any damage to or defect in the Goods, or shortage arose prior to the risk therein passing to the Customer that is, at or prior to loading for delivery, the Company shall, at its own expense, replace the Goods or make good any shortage as appropriate
- Except as provided in Liability statement above, the Company excludes all other terms, conditions and warranties, whether express or implied, and whether arising by statute or otherwise relating to the capacity, quality, description, state or condition of the Goods, or to their merchantability or fitness for the particular or any purpose for which they are or may be required and the Customer shall be taken to have satisfied itself as to the fitness of the Goods for that purpose
The Goods are sold solely for the purpose of training.
12. Design Rights & Patents
The Company retains full ownership of all inventions, designs, copyrights and processes relevant to the Goods created by or for the Company. Any drawings, specifications or manuals issued by or on behalf of the Company are copyright and confidential and the Customer may not reproduce the same or divulge the same to any third party without the Company's prior written consent. All rights subsisting in such drawings, specifications and manuals are reserved.
If any of the Goods have been designed, manufactured or processed either wholly or in part to the Customer's specification the Customer shall indemnify the Company against all claims arising from infringement of patents, designs and copyright with respect thereto.
13. Severability
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
Where the sale relates to more than one item/unit of sale, it shall be a separate and severable contract in relation to each item/unit of sale.
14. Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
15. Applicable laws
The contract shall be governed and construed in all respects in accordance with US laws.
16. User Information, Feedback & Submissions
All transactional data is held in accordance with our Privacy Policy and applicable regulations.
If the Customer sends a submission to the Company in the form of comments, feedback, suggestions or other materials ("Comments") by any means, they agree that the Company may use them at any time, without restriction. The Company will be under no obligation to maintain these "Comments" in confidence, to pay compensation, or to respond.
We may, but have no obligation to, monitor, edit or remove content that we determine to be unlawful, offensive, threatening, impersonating someone, violates intellectual property rights or these Terms of Service. This is at the sole discretion of the Company. The Company takes no responsibility, and assume no liability for any comments posted by a Customer or Third Party.
Entry into competitions or draws run by the Company will be subject to their own Terms & Conditions, and stated before entry. Under these Terms & Conditions, the Company will assume that an entry is acceptance of these Terms, and that should the Customer win, they will allow use of their name, place of employment and/or position, along with a photo, as outlined therein, to announce the winner on the Company's social media outlets.
17. Warranties
1. LIMBS & THINGS PRODUCT WARRANTY
Limbs & Things designs its products with care and to provide a long life of reliable service. As such, it warrants the products it manufactures to be free from defects in materials and workmanship for a period of twelve (12) months (the ‘Warranty Period’) from the date of invoice (the ‘Warranty’). If during this Warranty Period the product is defective, Limbs & Things will replace the product or its defective parts in accordance with the conditions below.
Conditions
The Warranty is provided only when the original Limbs & Things’ invoice (the ‘Invoice’), or a legible copy thereof, is provided and, if requested by Limbs & Things, the return of the defective product. Limbs & Things reserves the right to refuse the Warranty if the Invoice cannot be provided
The Warranty excludes:
- Repair or replacement of parts due to normal wear and tear, staining, discoloration or other cosmetic irregularity which does not impede or degrade the product’s performance
- Those parts intended to be consumable including but not limited to batteries and fuses
- Packing, cases or accessories
- Periodic maintenance
- All risks of transport relating directly or indirectly to The Warranty
The Warranty is invalidated by:
- Evidence of failure to use the product in accordance with its intended purpose as described in the User Guide/s provided with the product
- Any adaptations or changes which have been made to the product and deviate from its normal purpose as described in the User Guide/s
- Damage during transportation
- Failure to follow the maintenance instructions provided in the User Guide/s
- If the type or serial number on the product has been altered, deleted, removed or made illegible
- The product shows damage resulting from misuse, including but not limited to improper use, accidents, impact, exposure to temperature extremes, water (in the case of electrical equipment), improper or incorrect installation of software, installation or use of the product in a manner inconsistent with the technical or safety standards in force in the country where it is used.
The Warranty does not affect the customer’s statutory rights under applicable national laws in force, nor the customer’s rights against the distributor arising from their sales contract.
2. FACTORED PRODUCTS (NON-L&T PRODUCTS)
Products not manufactured by Limbs & Things are subject to the manufacturer’s warranty, including but not limited to tablets and computers, and are available on request.
3. LIMITED WARRANTY
Selected Limbs & Things products are subject to Limited Warranties, due to the nature of the materials used in the manufacturing process. If during the Warranty Period (see below) the product is defective, Limbs & Things will replace the product or its defective parts in accordance with the conditions stated under our Standard Warranty.
| Product | Product Name | Length of Warranty |
| 60100 | Paracentesis Trainer (Light Skin Tone)* | 9 months |
| 60111 | Paracentesis Trainer (Dark Skin Tone)* | 9 months |
| 60102 | Paracentesis Pads (Pack of 2, Light Skin Tone) | 9 months |
| 60113 | Paracentesis Pads (Pack of 2, Dark Skin Tone) | 9 months |
*Paracentesis Trainers (Light/60100 and Dark/60111) contain corresponding Paracentesis Pads (Light/60100 or Dark/60113), these Pads are subject to a 9 month Limited Warranty, the remaining parts are subject to the Standard Warranty.
4. SURGTRAC WARRANTY & LIMITATION OF LIABILITY
The Company does not guarantee that your use of the service will be uninterrupted, timely, secure or error-free. The Customer agrees that their use of, or inability to use, the service is at their sole risk, and that the service may be removed by the Company for indefinite periods of time, or cancelled at any time, without notice.
In no case shall the Company, or any affiliated personnel, internally or externally, be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
18. Third Party Links
This website may contain third-party links that direct you from the Company's website to an external site that is not affiliated with the Company. The Company are not responsible for examining or evaluating the site and the contents therein. The Customer assumes responsibility and liability for any third-party materials or websites that are visited beyond the Company sites, and should review the third-party policies and practices before engaging in any transaction.