Terms and Conditions governing the supply of the Contour NEXT USB meter
- These terms and conditions (the “Terms”) govern our supply of the Contour NEXT USB blood glucose meter (the “Meter”) to you.
- References in these Terms to "we", "our" or "us" are references to Bayer plc (Company No. 00935048) a public limited company whose registered office is at Bayer House, Strawberry Hill, Newbury, Berkshire, RG14 1JA.
- References to "you" or "your" are references to the individual who is determined as being eligible to receive the Meter by Diabetes Digital Media Limited (t/a diabetes.co.uk) using the “Insulin Pump Eligibility Tool” at http://www.diabetes.co.uk/insulin-pumps/insulin-pump-eligibility.html (the "Tool").
- Please note that before you submit your request for the Meter using the Tool (a "Submission") you will be asked to agree to the Terms. If you do not wish to accept the Terms, we will not be able to supply the Meter to you.
SUPPLY AND USE OF THE METER
- We will use reasonable endeavours to deliver to you at the UK address specified in your Submission one (1) Meter free of charge within 28 days of your Submission.
- You will use the Meter for personal private use only and you will not sell, lease, license or otherwise deal with the Meter for any commercial purpose.
- Please read and follow any instructions accompanying the Meter carefully. If you have any questions regarding your use of the Meter, please contact Bayer Diabetes Support on 0845 600 6030 Monday - Friday between 09:00 - 17:00 GMT.
- You assume all responsibility and risk relating to your use of the Meter. You should not rely on the Meter as a substitute for professional medical advice or the diagnosis or treatment of any medical condition and you should not use the Meter to diagnose or treat any health problem, illness or disease without consulting a qualified healthcare provider.
- To the extent permitted by law, we hereby exclude any and all guarantees regarding the Meter’s performance, accuracy, effectiveness, compatibility with your computer or suitability to your personal medical needs. All express or implied warranties in relation to the Meter are hereby excluded to the fullest extent permitted by law.
- We may suspend or cancel without notice our supply of the Meter to you at any time and for any reason and without any liability to you.
LIMITATION ON LIABILITY
- Nothing in these Terms limits our liability for death or personal injury arising as a result of our negligence, for fraud or fraudulent misrepresentation or for any other liability which cannot lawfully be limited or excluded.
- Subject to clause 12, as the Meter is provided free of charge, we exclude to the fullest extent permitted by law any and all of our liability to you arising out of or in connection with your use of the Meter, including liability for direct, indirect, consequential and special losses of any kind, whether in contract, strict liability, tort (including negligence) or otherwise.
- The Terms and the documents referred to in it constitute the whole agreement between us and you relating to our supply of the Meter to you. You acknowledge and agree that in making your Submission you do not rely on any statement, representation, assurance or warranty of any person other than as expressly set out in Terms.
- Only you and us, and no other person, are entitled to enforce the Terms.
- The Terms are governed by English law and any dispute arising out of or in connection with them shall be subject to the exclusive jurisdiction of the English courts.