Privacy Policy & Terms and Conditions

ESU Medical Solutions Ltd.

This privacy policy explains how we use any personal information we collect about you when you use this website.

Product Advice, Compatibility, Liability & Independent Supplier Status

ESU Medical Solutions Ltd is an independent supplier, technical service provider and equipment specialist. Unless expressly confirmed in writing, ESU Medical Solutions Ltd is not an authorised distributor, manufacturer representative or agent of any manufacturer. Any reference to manufacturer names, trademarks, model numbers or product codes is solely for identification and compatibility purposes and does not imply any endorsement, partnership or authorisation.

Any product recommendations, technical advice, compatibility guidance, equipment configurations, demonstrations, installation assistance, training or support are provided in good faith based on the information supplied by the Customer and our technical knowledge and experience at the time. Such advice is provided for guidance only and shall not constitute a guarantee, warranty, clinical recommendation or confirmation that any product is suitable for a particular procedure, application or purpose.

The Customer acknowledges that they have independently assessed the suitability of the products being purchased and remain solely responsible for ensuring that all equipment, accessories and consumables are appropriate for their intended application, existing equipment, software versions and clinical requirements prior to purchase and use. Manufacturers may alter specifications, compatibility, firmware, software, accessories or intended use without notice, and ESU Medical Solutions Ltd accepts no liability for any incompatibility or performance issues arising from such changes, incorrect information provided by the Customer, third-party modifications or equipment supplied by others.

The Customer and operating clinician retain sole responsibility for all clinical decisions, treatment planning, equipment selection, installation, commissioning, operation and patient care. ESU Medical Solutions Ltd accepts no liability for clinical outcomes, surgical techniques, treatment decisions, patient injury, loss of income, consequential loss or any direct or indirect loss arising from the use, misuse or application of any products supplied.

Where products are supplied in accordance with the Customer's requested specifications, product codes or instructions, ESU Medical Solutions Ltd shall not be liable if those products subsequently prove unsuitable for the Customer's intended use or if alternative products are later preferred. Any demonstrations, setup assistance or technical support provided by ESU Medical Solutions Ltd do not constitute acceptance of responsibility for the overall functionality, integration or suitability of equipment supplied by ESU Medical Solutions Ltd or by any third party.

The existence of ongoing technical support, requests for assistance, warranty discussions or any dispute relating to other products or services shall not entitle the Customer to withhold payment for goods already supplied, except where required by applicable law.

No statement, recommendation, opinion, demonstration, email, quotation, WhatsApp message, telephone conversation or other communication shall create any warranty or contractual obligation beyond these Terms & Conditions unless expressly agreed in writing by a Director of ESU Medical Solutions Ltd. 

Customer  means the individual, business or organisation purchasing goods or services from the Company.

Goods include all equipment, instruments, accessories, consumables, spare parts, refurbished equipment, software and associated products supplied by the Company.

Services include installation, servicing, repairs, demonstrations, commissioning, technical support, training and consultancy.

Quotations

All quotations remain valid for 30 days unless otherwise stated.

Prices may be withdrawn or amended prior to acceptance where supplier pricing, exchange rates or availability change.

A quotation does not constitute a binding contract until accepted by the Company.

Orders

Orders may only be cancelled with the Company's written agreement.

Goods specially sourced, imported or ordered specifically for the Customer are non-cancellable and non-returnable unless faulty.

Independent Supplier

ESU Medical Solutions Ltd is an independent supplier and technical service provider.

Unless expressly confirmed in writing, ESU Medical Solutions Ltd is not an authorised distributor, representative or agent of any manufacturer.

Manufacturer names, trademarks, logos, product codes and model numbers are used solely for product identification and compatibility purposes and shall not imply endorsement, partnership or authorisation.

Product Recommendations, Technical Advice & Compatibility

ESU Medical Solutions Ltd may provide product recommendations, technical advice, compatibility guidance, demonstrations, installation assistance, equipment configurations, training and support based upon information supplied by the Customer and our technical knowledge and experience.

Such advice is provided in good faith for guidance only and shall not constitute a warranty, guarantee or clinical recommendation.

The Customer acknowledges that they are solely responsible for determining whether any product is suitable for their intended application, existing equipment, software version, manufacturer requirements and clinical use.

Manufacturers may alter specifications, software, firmware, compatibility, accessories or intended use without notice. ESU Medical Solutions Ltd shall not be liable for incompatibility arising from manufacturer changes, third-party equipment, software updates, modifications or inaccurate information supplied by the Customer.

Where products are supplied in accordance with the Customer's requested specifications or instructions, ESU Medical Solutions Ltd accepts no responsibility if those products subsequently prove unsuitable or if alternative products are later preferred.

Clinical Responsibility

The Customer and operating clinician remain solely responsible for all clinical decisions, patient care, treatment planning, equipment selection and the safe operation of all equipment supplied.

ESU Medical Solutions Ltd shall not be liable for clinical outcomes, surgical techniques, patient injury, treatment decisions or any loss arising from the use or misuse of equipment supplied.

Third-Party Equipment

Where ESU Medical Solutions Ltd provides advice regarding equipment or systems supplied by third parties, such advice is provided without warranty and entirely at the Customer's risk.

The Company accepts no responsibility for the condition, compatibility, performance or safety of third-party equipment.

Installation, Training & Technical Support

Installation, commissioning, demonstrations, training and technical support are provided solely to assist the Customer.

Such services shall not constitute acceptance of responsibility for the suitability, integration, operation or performance of the Customer's complete system.

The Customer remains responsible for ensuring equipment is correctly installed, maintained, calibrated and operated by appropriately trained personnel.

Technical support may be suspended where any invoice remains overdue.

Delivery

Delivery dates are estimates only and time shall not be of the essence.

Risk in the Goods passes to the Customer upon delivery.

The Customer must inspect all Goods immediately upon receipt.

Any shortages, incorrect deliveries, transit damage or defects visible upon delivery must be reported in writing within 48 hours.

Failure to notify the Company within this period shall constitute acceptance of the Goods.

Acceptance of Goods

Goods shall be deemed accepted if they are:

• installed;

• used;

• commissioned;

• incorporated into the Customer's systems; or

• retained for more than seven days after delivery without written notification of any material defect.

Minor cosmetic imperfections or wear on refurbished equipment shall not constitute grounds for rejection.

Returns

Returns require prior written authorisation.

Returned Goods must be complete, unused and in their original packaging unless faulty.

The following are non-returnable unless faulty:

• sterile products;

• opened consumables;

• single-use devices;

• specially ordered goods;

• software;

• customised products.

Restocking charges may apply.

Refurbished Equipment

Unless otherwise stated, refurbished equipment has been inspected and tested prior to sale.

Normal cosmetic wear shall not constitute a defect.

Warranty, where provided, applies only to faults arising during normal intended use.

Warranty

Any manufacturer warranty remains solely between the Customer and the manufacturer unless expressly stated otherwise.

ESU Medical Solutions Ltd does not extend or adopt any manufacturer warranty beyond that expressly provided in writing.

Warranty shall not apply where Goods have been modified, misused, improperly maintained, repaired by third parties or used contrary to manufacturer instructions.

Payment

Payment terms are as stated on the quotation or invoice.

Time for payment shall be of the essence.

Late payments may incur statutory interest and compensation under the Late Payment of Commercial Debts (Interest) Act 1998 together with any reasonable debt recovery costs.

The existence of any technical query, request for support, warranty claim or dispute relating to other goods or services shall not entitle the Customer to withhold payment for goods already supplied, except where required by law.

Retention of Title

Legal ownership of all Goods remains with ESU Medical Solutions Ltd until payment has been received in full.

Until title passes, the Company reserves the right to recover unpaid Goods and enter any premises where the Goods are reasonably believed to be located.

Limitation of Liability

Nothing in these Terms excludes liability for death or personal injury caused by negligence, fraud or any liability which cannot legally be excluded.

Subject to the above, ESU Medical Solutions Ltd shall not be liable for:

• indirect or consequential loss;

• loss of profit;

• loss of revenue;

• loss of business;

• loss of contracts;

• loss of goodwill;

• loss of data;

• business interruption;

• delays caused by manufacturers, couriers or third parties.

The Company's total liability arising from any contract shall not exceed the purchase price of the Goods or Services giving rise to the claim.

Force Majeure

The Company shall not be liable for any failure or delay caused by events beyond its reasonable control including manufacturer shortages, transport disruption, customs delays, strikes, pandemics, government restrictions, cyber incidents, natural disasters or acts of God.

Intellectual Property

All manufacturer trademarks, product names and logos remain the property of their respective owners.

Their use by ESU Medical Solutions Ltd is solely for identification and compatibility purposes.

Entire Agreement

These Terms & Conditions constitute the entire agreement between the Company and the Customer.

No verbal statement, demonstration, recommendation, email, WhatsApp message, telephone conversation or other communication shall vary these Terms unless confirmed in writing by a Director of ESU Medical Solutions Ltd.

Governing Law

These Terms & Conditions shall be governed by and construed in accordance with the laws of England and Wales.

The courts of England and Wales shall have exclusive jurisdiction in relation to any dispute arising from these Terms or any contract between the Company and the Customer.

Medical and Veterinary Equipment Disclaimer

Equipment repaired by the company is returned based on the condition assessed at the time of repair. The customer is responsible for carrying out any required safety checks, validation, calibration, sterilisation checks or clinical suitability assessments before placing equipment back into use. The company does not accept responsibility for clinical decisions, patient outcomes or losses arising from the use of equipment after repair.