Terms & Conditions

1. Preliminary

In these Conditions, the “Company” or “Seller” means Fit To Fly Spain, a division of Pretty Green S.L. under the company number B16551434, the “Buyer” or “Client” means the person, firm or Company is ordering, buying or agreeing to buy goods and/or services from the Company, the “Contract” means the Contract for the sale and purchase of the Goods and/or Services. “Goods” means the Goods which the Company is to supply under the Conditions, and ‘Service’ means the Service which the Company is to provide per the Conditions.

 

The Company shall sell, and the Buyer shall purchase the Goods and/or Services under any written order of the Buyer which is accepted by the Company subject to these Conditions, which shall govern the Contract to the exclusion of any other terms and conditions subject to which any such order is made or purported to be made by the Buyer. No terms and conditions stipulated in any other communication or document shall vary or annul any of these Conditions except insofar as the same are expressly consented to in writing by the Company.

 

2. Pre-payments

Unless otherwise agreed, Goods and/or Services will require pre-payment. They won’t be dispatched, carried out or allowed to be collected until the entire purchase price amount has been deposited into the Seller’s account or until the Seller has received confirmation from the bank executing the transaction transfer has been requested and carried out in full. The Company requires payment of goods within three days of the invoice being sent. If the Buyer is in default of payment, the Seller reserves the right to charge default interest at the statutory rate. The Seller reserves the right to claim more significant losses because of the default if they can be shown to have occurred or sold the Goods and/or Services or timeslots to another customer. Goods need to be collected or delivery arranged from the Company within three days of confirmation of payment. Once the goods are available for collection, if the Buyer delays taking receipt of the goods or is in culpable breach of other obligations to cooperate, the Seller reserves the right to proceed following the rights reserved. When a service such as Medical Support is required, the Buyer must adhere to the requirements set out in the Sales Agreement and ensure the space and/or location is ready and been signed off by a Health and Safety Officer to ensure Buyer has provided a safe and secure place to work

 

3. Orders

No order will be accepted by the Company unless confirmed in writing. Additionally, if the Buyer is new to the Company, they will be required to fill in a new customer or supplier form. If the Buyer does not sign the form, they will still be bound by these terms and conditions once the order has been accepted.

 

4. Collection of Pre-Payment

Any orders on pre-payment terms must be collected within three days once funds are cleared unless the customer wants Fit To Fly Spain to arrange delivery on their behalf. Fit To Fly Spain shall package the goods in packaging suitable for transportation. When an order is on pre-payment terms, any service provided must be carried out on the date agreed to avoid cancellation charges.

 

5. Lab Personnel

a) Fit To Fly Spain outsource Lab personnel; several labs provide qualified and suitable scientist and professionals to carry out various assignments. The Buyer is under no obligation to use the Medical Services on offer from Fit To Fly Spain lab partners. Fit To Fly Spain will take no liability whatsoever for the Buyer appointing another firm to carry out the tests provided by Fit To Fly Spain.

 b) Whilst every effort is made by our lab partners and Fit To Fly Spain to give satisfaction to the Buyer by ensuring reasonable standards of skills, integrity and reliability from Medical Personnel and further provide them under the Buyer’s booking details, our lab partners and Fit To Fly Spain is not liable for any loss, expense, damage, or delays arising from any failure to provide any Temporary Worker for all or part of the period of booking or from the negligence, dishonesty, misconduct or lack of skill of the Temporary Worker. For the avoidance of doubt, our lab partners and Fit To Fly Spain do not exclude liability for death or personal injury arising from its negligence.

 c) VAT is payable, where applicable, at the prevailing rate.

 d) The Buyer undertakes to supervise the Medical Personnel to ensure the Buyer’s satisfaction with the Medical Personnel’s work standards. Suppose the Buyer reasonably considers that the services of the Medical Personnel are unsatisfactory. In that case, the Buyer may terminate the Assignment by instructing the Medical Personnel to leave the Assignment immediately or by directing Fit To Fly Spain to remove the Medical Personnel. Fit To Fly Spain may in such circumstances reduce or cancel the charges for the time worked by that Medical Personnel, provided that the Assignment terminates within two hours of the start of the Assignment and/or Medical Personnel is used for under 12 hours in any one week.

 e) A Buyer may terminate a Medical Personnel attendance only upon giving 48 hours notice in writing to Fit To Fly Spain, failing which it shall be entitled to terminate the Assignment. However, it may do so upon payment of the total payable rate.

 f) Fit To Fly Spain will provide, upon request, an overview of the Medical Personnel attending the Assignment. The Buyer is responsible for ensuring that the Medical Personnel’s ability, qualifications and skills are adequate for the Assignment and will take sole responsibility for any liability whatsoever which may arise from the Medical Personnel’s performance of his/her duties.

 g) Medical Personnel are hired by Fit To Fly Spain using lab partners under the contracts for services. They are not employees of Fit To Fly Spain or lab partners but are deemed to be under supervision, direction, and control of the Buyer from the time they report to take up duties and the Assignment duration. The Buyer agrees to be responsible for all acts, errors or omissions of the assigned Medical Personnel, whether willful, negligent or otherwise, as though the Medical Personnel was on the payroll for the Buyer. The Buyer will also comply in all respects with all statutes including, for the avoidance of doubt, the Working Time Regulations and health and safety legislation including, in particular, the provision of Employer’s and Public Liability Insurance cover for the Medical Personnel during all Assignments.

 h) The Buyer shall indemnify and keep indemnified Fit To Fly Spain and lab partners against any costs, claims or liabilities incurred by Fit To Fly Spain or lab partners arising out of any non-compliance by the Buyer of clause (g) and/or result of any breach of these terms and conditions by the Buyer.

 i) If paying on an hourly rate, the Buyer will sign the timesheet and such signature or other formal confirmation of completion of Assignment shall be deemed conclusive evidence that the Buyer is satisfied with the work carried out and will pay the charges for the hours on the timesheets in full without dispute or deduction.

 j) Because of the nature of Fit To Fly Spain business, the Buyer acknowledges and agrees that it is not possible for Fit To Fly Spain to give any warranty as to the suitability of a Medical Personnel and shortcomings in the performance of his/her duties. The Medical Personnel shall not entitle the Buyer to withhold or delay any outstanding invoices (save and except where the Buyer has given notice under Clause D of these terms and conditions.)

 

6. Delivery conditions

Collection of the Goods shall be effected when the Goods are removed from the Company premises. Risk of damage to or loss of the Goods shall pass to the Buyer on collecting the said Goods. Collection of the Goods shall be completed within three days from the date the Company shall notify the Buyer is the collection date unless otherwise specified. Suppose the Buyer wrongly fails to collect the Goods. In that case, the Company shall be entitled either to procure or remove at the expense of the Buyer or to sell the Goods at the best price readily obtainable and (after deducting reasonable storage and selling expenses).

 

7. Titles and Risks

Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Conditions, and the property in the Goods shall remain vested in the Company until the Company has received from the Buyer in cash or cleared funds all monies which are then due from the Buyer to the Company under this or any other Contract for the supply of Goods or other Goods. Until such time as the property in the Goods passes to the Buyer, the Buyer shall hold the Goods as the Company’s fiduciary agent in bailee and shall store such goods and materials separately from the Goods of the Buyer at no cost to the Company so that they are adequately protected, insured and identified as belonging to the Company. Until that time, the Buyer shall be entitled to resell or use the Goods in the ordinary course of its business.

 Until the property in the Goods passes to the Buyer (and provided that the Goods are still in existence and have not been resold), the Company shall be entitled at any time to require the Buyer to deliver up the Goods to the Company and, if the Buyer fails to do so forthwith, to enter upon any premises of the Buyer or any third party where the Goods are stored and repossess the Goods.

 The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness, any of the Goods which remain the property of the Company, but if the Buyer does so all monies owing by the Buyer to the Company shall (without prejudice to any other right or remedy of the Company) forthwith become due and payable.

 

8. Insolvency of Buyer

(1) If the Buyer:

 (a) being a company has a petition presented for its winding up, passes a resolution for voluntary winding up, enters into a voluntary arrangement with its creditors, become subject to an administration order, goes into liquidation (other than for a solvent amalgamation or reconstruction) or has a Receiver appointed for all or any of its assets;

 (b) or being an individual becomes bankrupt or enters a voluntary arrangement with creditors; or

 (c) ceases or threatens to cease, to carry on business; or

 (d) if the Company reasonably apprehends that any of these events is about to occur to the Buyer and notifies the Buyer accordingly, then Condition 2 shall apply.

(2) If any of the events in Condition 1 arise:

 (a) the Company shall be entitled to cancel the Contract or suspend deliveries under the Contract without liability to the Buyer (b) if the Goods have been delivered but not paid for, payment shall become due immediately regardless of any previous agreement to the contrary; and

 (c) the Company shall have the right to retake possession of the Goods for which payment has not been made from the Buyer with or without prior notice and for that purpose to enter upon any premises occupied by the Buyer.

 

9. Warranty

Fit To Fly Spain warrants that the Products will arrive intact and useable as per the instructions for use.

 

10. Returns and cancellations

If the customer is dissatisfied with the good, they must notify Fit To Fly Spain by emailing info@fittoflyspain.com within 72 hours. The customer must include the reason and photographs to evidence their claim. All requests will be assessed and approved at the discretion of the RMA department. Returns will only be accepted if the product is in its original packaging and not used; due to the hygienic nature of the product, any unboxed goods will be non-returnable. The customer will be issued with an RMA number; this number is valid for ten days. At this time, the goods must be returned to Fit To Fly Spain. After this, the number will expire, and the goods can no longer be returned to Fit To Fly Spain. Additionally, an RMA number does not confirm that the item will be credited. Fit To Fly Spain reserves the right to inspect the returned goods before issuing any credit note. If the returned goods are found not to be defective, a handling fee of 15% will be charged to the customer. The customer must ensure the RMA number is visible on the packaging. All goods are to be returned at the Buyer’s expense and risk. Any goods returned with no RMA number will either be replaced or subject to a handling charge. Incorrectly ordered goods are the responsibility of the Buyer, unfortunately, 1. Preliminary

In these Conditions, the “Company” or “Seller” means Fit To Fly Spain, a division of Pretty Green S.L., the “Buyer” or “Client” means the person, firm or Company is ordering, buying or agreeing to buy goods and/or services from the Company, the “Contract” means the Contract for the sale and purchase of the Goods and/or Services. “Goods” means the Goods which the Company is to supply per the Conditions, and ‘Service’ means the Service which the Company is to supply per the Conditions.

 

 The Company shall sell, and the Buyer shall purchase the Goods and/or Services in accordance with any written order of the Buyer which is accepted by the Company subject to these Conditions, which shall govern the Contract to the exclusion of any other terms and conditions subject to which any such order is made or purported to be made by the Buyer. No terms and conditions stipulated in any other communication or document shall vary or annul any of these Conditions except insofar as the same are expressly consented to in writing by the Company.

 

11. Cancellations

Receipt of a PO constitutes contract acceptance.

Orders that have already left the Fit To Fly Spain cannot be cancelled.

Orders that have not shipped from Fit To Fly Spain can be cancelled for a non-negotiable fee of 25%. The 25% charge will be calculated on the total price of the cancelled equipment.

 

12. Liability of the Company

Where any valid claim in respect of any of the Goods is notified to the Company in accordance with these Conditions, the liability of the Company to the Buyer shall be limited, at the Company’s option, to replacing the Goods supplied under the Contract or the return to the Buyer of any monies paid by it to the Company in respect of the rejected Goods. The Company shall have no liability in respect of non-delivery of the Goods if delivery is prevented or delayed for any reason outside the Company’s control. Except in respect of death or personal injury caused by the Company’s negligence, the Company shall not be liable to the Buyer because of any representation (other than fraudulent misrepresentation) or any implied warranty, condition or other terms, or any duty at common law, or under the express terms of the Contract for any consequential loss or damage (whether for loss of profit or otherwise), costs, expenses, or other claims for consequential compensation whatsoever (and whether caused by the negligence of the Company, its employees or agents or otherwise) which arises out of or in connection with the supply of the Goods or their resale by the Buyer, except as expressly provided in these Conditions, when purchasing Rapid Covid Tests, Fit To Fly Spain highlight through these terms that product should only be bought and used under trained medical guidance. Fit To Fly Spain sell tests emphasising who should carry out the test and under no circumstance recommend or sell these tests for home use. The Buyer will assume full responsibility and liability for any events that may occur through carrying out this test in an environment for which it is not designed for. Fit To Fly Spain provide the product in its entire form to include a set of instructions. All ownership of responsibility and liability is that of the Buyer.

 

13. Limited Warranty – Covid-19 Testing

Fit To Fly Spain distributes Covid-19 antibody and antigen testing kits and are not the manufacturers or the EU Authorised Representative as defined by the CE marking.

 Fit To Fly Spain cannot guarantee the accuracy of the results; as with any medical test, there is the potential for a false positive or false negative COVID-19 test result.

 The Buyer understands that the testing unit is not acting as their medical provider and that testing does not replace treatment by their medical provider. The Buyer assumes full responsibility to take appropriate action with regards to individual test results.

 The Buyer hereby releases and agrees to hold Fit To Fly Spain harmless from, and wave on behalf of the Company together with all owners, partners, employees and third parties including but not limited to private individuals any and all causes of action, claims, demands, the damage is, costs, expenses and compensation for damage or loss of Company to together with all owners, partners, and employees that any act may cause, or failure to act of Fit To Fly Spain, or that may otherwise arise in any way in connection with any services received from Fit To Fly Spain.

 The Buyer understands that this release discharges Fit To Fly Spain from any liability or claim that the Company together with all owners, partners, employees and third parties including but not limited to private individuals, may have against Fit To Fly Spain concerning any bodily injury, illness, death, medical treatment, or property damage that may arise from, or in connection to, any services received from Fit To Fly Spain.

 

14. Force Majeure

The Company shall not be liable to the Buyer for any delay or failure in performance of its obligations under the Contract which is due to circumstances beyond its reasonable control, including but not limited to delays or defaults of suppliers or any subcontractor, war or threat of war, strike, lockout or other industrial action, flood, Act of God, pandemic, explosion, fire, accident to plant machinery, power failure or breakdown in machinery, or shortage of materials or labour.

 

15. Governing Law

These Conditions may only be varied by agreement in writing between the parties signed by an authorised signatory of each party. This Contract shall be construed and take effect under the laws of Spain. Each of the parties irrevocably submits for all purposes in connection with these Conditions to the exclusive jurisdiction of the courts of Spain.

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