Standard Terms and Conditions

1. Definitions

In these terms and conditions the words and expressions set out below shall have the following meanings:

"the Company" means NHS Consortium Limited or any of its subsidiaries;

"the Customer" means any purchaser of the Services;

"Services" means the professional and relocation services marketed and set out on the nhsconsortium.com website from time to time.

"Service Provider" the organisation or company that provides the Services to the Customer.

2. General

The Company acts as a purchasing agent for various NHS hospitals, trusts and primary care trusts. Orders from Customers are referred to a Service Provider by the Company. Any contract for the provision of these Services is then entered into directly between the Service Provider and the Customer. No quotations given by the Company are binding until confirmed in writing by the Service Provider.

3. Quotation

Quotations represent an indicative price only. However they are given as accurately as possible by the Company and are based on information available to the Company at the time of preparation of the quotation. Where such information proves to be inaccurate or incomplete or where changes in the relevant information occur then the Company reserves the right of the Service Provider to amend such prices, provided the Company acts at all times in good faith towards the Customer.

4. Accountability

4.1 The Company assumes no responsibility or liability for any of the Services provided by the Service Providers.

4.2 Time for delivery of Services is given as accurately as possible but any dates given are not guaranteed and the Company shall not be liable for any expense, loss or damage arising directly or indirectly from any late/cancelled appointment/delivery by a Service Provider.

4.3 The Company has used reasonable endeavours to ensure that the contents of the pages on the website are accurate and complete, but they do not in any way constitute professional advice and should not be relied upon.

4.4 The Company does not warrant that the contents of the website are free from infection from viruses.

5. Terms of Payment

Unless otherwise agreed in writing payment for the Services shall be made in accordance with the agreement between the Service Provider and the Customer.

6. Liability

6.1 The Company shall have no liability for viruses, minor software bugs, defects or damage to tangible or intangible property which arise from of the website nhsconsortium.com, in so far as such liability may be excluded by law.

6.2 In so far as such liability may not be excluded by law, any claim against the Company (save in respect of death or personal injury) shall be limited to the value of the professional fees to be paid by the Customer to the relevant Service Provider, under any contract entered into between the Customer and the relevant Service Provider.

6.3 The Company shall not be liable in any event to the Customer for any indirect, special or consequential loss or damages (including loss of data or profits) in connection with the use of the nhsconsortium.com website or service.

6.4 The Company shall have no liability for the performance of the Services, including any negligent actions or omissions of the Service Provider. However the Customer shall be entitled to lodge a grievance regarding any actions or omissions of the Service Provider with the Company in the event that the Customer has any grievance about the performance of the Services by the Service Provider by e-mailing the Company at admin@nhsconsortium.com.

6.5. Information and Disclaimer

We provide access via hypertext links to resources in other web sites for browsing only and in so doing we are not endorsing any linked entities nor authorising any act which may be in breach of copyright or any other third party rights which are protected by law or by international treaties worldwide. We do not accept any responsibility or liability for any of the material contained on any third party web site.

The contents of this web site are only for general information or use. They do not constitute advice and should not be relied upon in making (or refraining from making) any decision. We use reasonable care to make sure that the information appearing on our web site is accurate and up to date and that any queries directed to us are answered free of charge, in good faith and to the best our ability. However, errors and omissions do occur and you should not take the accuracy of the information for granted. We shall not be liable for any loss or costs caused by any computer virus.
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7 Copyright

The Customer is permitted to print or download extracts from the nhsconsortium.com website for their own personal, non-commercial use. All contents of this website are © 2003 NHS Consortium Limited.

8. Miscellaneous

8.1 These terms and conditions constitute the entire agreement between the parties and supercede any prior agreement or representations. In addition the Customer acknowledges that in entering into a contract with the Service Provider it is not relying on any pre-contractual statement which is not set out in these terms or conditions or the quotation.

8.2 If any condition in the contract shall be found to be invalid or unenforceable it shall not, as far as possible, affect any other term of the contract and accordingly all other conditions shall remain in full force and effect.

8.3 Failure by the Company to exercise or delay in exercising any of its rights under these terms and conditions shall not constitute any waiver of the Company's rights hereunder.

8.4 Where the Company is prevented from, or hindered in, complying with the contract for any reason outside the Company's control including, but not exclusively, by reason of strike, lock-out, fire, accident, Act of God or government restriction all further obligations of the Company under the contract shall be suspended until a reasonable time after the cause.

8.5 The benefit of any of these terms and conditions shall not be assignable by the Customer without the prior written consent of the Company.

8.6 Any notice required to be given hereunder shall be in writing and sent by first class registered post or by facsimile to the trading or registered address of the other party and any such notice shall be deemed to have been served (if sent by first class registered post) on the expiration of seven (7) calendar days after posting or (if sent by facsimile) on the receipt of successful facsimile transmission.

8.7 Both parties expressly agree to waive any rights that they may have under the Contracts (Rights of Third Parties) Act 1999 to bring a claim in respect of any other agreement entered into between the parties and that any third party mentioned in these terms and conditions either specifically or by implication shall be expressly excluded from bringing a claim under the said Act.

8.8 The information provided by the Customer to the Company will only be used by the Company to communicate with the Customer generally. These details will only be disclosed outside the Company to the Service Providers who will contract for and deliver the Services to the Customer. The Company may from time to time send e-mail to Customers who may at any time request to be removed from the mailing list.

8.9 Both parties agree to keep confidential and not disclose, reproduce or copy any materials, documentation or specifications which are provided by either party to the other and both parties shall ensure that their employees are bound by the same obligations and that such obligations endure beyond any termination of employment.

9. Jurisdiction

Unless otherwise agreed in writing the contract shall be governed and interpreted exclusively according to English law and shall be subject to the non-exclusive jurisdiction of the courts of England and Wales

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