All transactions with Care-Med Healthcare Equipment are governed by and subject to acceptance of the following Terms and Conditions of Sale.
1.1 The Supplier: Care-Med Healthcare Equipment whose principal place of business is Bericote Park, Bericote Road, Leamington Spa, CV32 6QP.
1.2 The Customer: any person, organisation or company who purchases Goods, repairs, hire or service/maintenance from the Supplier.
1.3 Goods: any Goods or services (including hire, repairs and maintenance) as supplied by the Supplier to the Customer.
2.1 The “price” refers to the purchase price or repair or hire or service charges of any Goods, or any combination of these.
2.2 Any quotation for repair cost is provisional only and is subject to diagnosis of any faults. Diagnosis may be possible only when work has commenced, the Goods have been dismantled and the Customer hereby authorises the Supplier to undertake further work as may reasonably be required to rectify such faults and to vary the price accordingly subject to clause 2.3
2.3 If the cost of rectifying an additional fault discovered when performing the repair work which in the reasonable opinion of the Supplier makes it uneconomical to repair the Goods, the Supplier will notify the Customer and shall not proceed with repair until instructed to do so by the Customer. In any case, the Customer agrees to pay Supplier the full cost of any repairs carried out that date.
2.4 Unless otherwise stated, the price is exclusive of freight, delivery costs, insurance and other charges in relation to the transfer of Goods between the Supplier and the Customer, such charges to be payable by the Customer.
2.5 Unless otherwise agreed in writing, the Supplier reserves the right to vary all prices without prior notification.
2.6 All prices quoted are exclusive of VAT which, if applicable, must be added at the prevailing rate.
2.7 The responsibility for VAT exemption of Goods and/or services and repairs is solely the responsibility of the Customer and the Supplier does not offer any guidance as to eligibility for VAT exemption. If the Customer is in any doubt about its eligibility or the eligibility of Goods and or services purchased from the Supplier, it should obtain advice from a local VAT office before proceeding with the purchase or signing a VAT exemption declaration.
3.1 All care will be taken but no responsibility will be accepted for loss or damage to the Goods which are no longer in the possession of the Supplier.
3.2 Risk in the Goods shall pass to the Customer after the product been allocated to this agreement (“allocation”) by the Supplier or its third-party supplier, if applicable.
3.3 Without limiting the generality of clause 3.2, all transit/carriage of the Goods after allocation shall be at the Customer’s risk in relation to all transfers which may be made between the Supplier, the Customer and any third-party supplier and irrespective of whether the transfer is arranged by the Supplier, the Customer or a third-party supplier.
3.4 The Customer undertakes to provide instructions to the Supplier for delivery or collection of the Goods within 24 hours of receiving notice allocation.
3.5 The Supplier hereby acknowledges the Customer shall not be liable for any damage to the Goods or theft of the Goods which occurs while the Goods are in the custody or control of the Supplier.
3.6 The Customer acknowledges the responsibility to arrange such insurance as it considers appropriate.
4. Payment and Payment Terms
4.1 The price shall be paid by the Customer in cash, BACS transfer or by cheque on the payment date which shall be the earlier of:
4.1.1 Delivery/collection of the Goods; or
4.1.2 Seven days after the Supplier has given written notification to the Customer that the Goods are available for collection by it;
4.2 If payment is made by cheque which is dishonoured, the Supplier reserves the right to charge the Customer for bank charges and other fees incurred as a consequence.
4.3 The Customer acknowledges that any delay in payment for the Goods when due will result in financial loss to the Supplier and in that case the Supplier reserves the right to recover from the Customer, a default charge in addition to the price, calculated on a daily basis at the rate of 8% per annum upon the outstanding balance of the price and to be payable by way of liquidated damages for breach of contract.
4.4 The Supplier shall be entitled to retain the Goods until the price and any applicable default or storage charges have been paid in full.
4.5 Credit Terms: the Supplier may extend credit terms to the Customer at its own discretion and extend the period referred to in clause 4.1.2. to 7 days from invoice date. This credit facility may be withdrawn at any time if the Customer does not pay in for the Goods in accordance with the terms agreed. Certain account customers will be offered terms of 30 days but 7 days credit is our default offering.
5. Delivery and Collection of Goods, and Force Majeure
5.1 The Supplier shall endeavour to complete delivery within the period stated if any, but no liability shall be accepted by the Supplier for delay in delivery or non-delivery. Delivery dates should be interpreted as “estimates” only.
5.2 The Customer shall collect the Goods within seven days once notified by the Supplier that the Goods are available for collection
5.3 If the Goods have not been collected within one month from the Supplier notifying the Customer of availability for collection, the Supplier reserves the right to thereafter apply an additional storage charge of £10 plus VAT, per item/per week.
5.4 The Supplier shall not be held liable for any damages in the event of failed delivery due to events classed as force majeure.
6. Title and Transfer
6.1 Title in the Goods purchased will remain with the Supplier until payment has been received in full.
6.2 Where a Customer obtains possession of the Goods prior to making payment in full, he/she/it must;
6.2.1 Store the Goods separately from any other person or entity;
6.2.2 At all times ensure the Goods are marked in a manner that will enable the identification as property of the Supplier;
6.2.3 Not purport to mortgage, charge, transfer, convey, or otherwise deal with the Goods without the prior consent of the Supplier; and
6.2.4 At all times, allow the Supplier access the Goods to inspect them and to retake possession at its discretion.
6.3 The Supplier reserves the right to recover any Goods which the Customer has defaulted in payment.
7. Examination of Goods
7.1 The Customer is responsible for the immediate examination of the Goods upon delivery and any deficiency or damage thereof must be reported to the Supplier within seven days of delivery otherwise no such claim shall be accepted by the Supplier.
8. Component Parts Used
8.1 All component parts used by the Supplier for the Goods shall remain the sole property of the Supplier until paid for in full. If the price of the component parts used in the Goods is not paid in full when due, the Supplier reserves the right remove any such parts without liability to the Customer for so doing.
9.1 The Supplier warrants its repair work and component parts (subject to Clauses 9.2) used in such repair work for a period of 30 days from the date upon which the Customer is notified that the Goods are available for collection. If the Goods fail as a direct result of such repair work or component parts within 30 days of colletion, the Supplier will repair the fault at its own costs. This warranty does not extend to the failure of the Goods for reasons unrelated to the initial repair.
9.2 To the extent that any component is supplied to the Supplier by a third party, the warranty offered by the Supplier in relation to that component should be limited to the that of the third party if any arising out of the alleged fault in the component.
9.3 All Goods sold by the Supplier carry a warranty period, which is provided subject to the manufacturer’s terms and conditions of warranty.
9.4 Freight costs in all warranty claims are payable by the Customer.
9.5 The warranty offered on pieces of complete equipment are conditional upon correct and manufacturer-approved scheduled maintenance intervals taking place. Customers are advised to refer to individual warranty documents for specific product warranty terms.
10.1 The Supplier shall not be responsible for damage for fault in performances arising out of incorrect or inappropriate operation of the Goods by the Customer. The Customer acknowledges the Supplier gives no warranty as the fitness of the Goods for the intended application of the Customer and the Customer has relied entirely on its own evaluation thereof.
10.2 This document contains all terms of agreement between the Customer and the Supplier and is an “Entire Agreement”. All other terms, conditions, warranties, undertakings, inducements or representations, whether express, verbal, implied, statutory or otherwise relating anyway to the Goods are excluded. To the extent permitted by law, the Supplier is indemnified from all liability or any form of loss or damages whether incidental, special, consequential, general or otherwise (including loss of profit and revenue and notwithstanding that the Supplier may have been advised of such potential loss or damage) arising out of any breach by or fault on the part of the Supplier in connection with the sale, repair or hire of the Goods, any defect or alleged defect in the Goods or any negligent act, omission, or breach of contract or howsoever.
10.3 The provisions of this agreement that purport to exclude or limit the Supplier’s liability shall apply to the extent permitted by law. Provisions or statutes from time to time in force in the UK, may imply warranties or conditions or impose obligations upon the Supplier that cannot be excluded, restricted or modified except to a limited extent if any such statutory provisions apply, to the extent to which it is legally entitled to do so, the Supplier’s liability under those statutory provisions shall be limited at the option of the Supplier to any one or more of the following:
10.3.1 If the breach relates to Goods:
10.3.1.1 The replacement of the Goods or supply of equivalent Goods; or
10.3.1.2 The repair of such Goods
10.3.1.3 The payment of the cost of replacing the Goods or of acquiring equivalent Goods;
10.3.1.4 The payment of the cost of having the Goods repaired; and
10.3.2 If the breach relates to services:
10.3.2.1 The supply of services again; or
10.3.2.2 The payment of the cost of having the services supplied again.
10.3.3 If the breach relates to hire of Goods:
10.3.1.1 The supply of hire again; or
10.3.1.2 The payment of the cost of having the hire supplied again
11.1 Subject to clauses 7 and 10 hereof, no Goods may be returned to the Supplier nor credit allowed for such return without the prior approval of the Supplier.
11.2 Any application by the Customer to return Goods and receive a credit shall be in writing and shall state the reason for the return and the action requested by the Customer on the part of the Supplier.
11.3 Goods wrongly ordered by the Customer, if accepted for credit return by the Supplier will be subject to a 15% restocking fee.
11.4 Acceptance of a return for credit is at the absolute discretion of the Supplier.
12.1 Quotations or proposals to the Customer, provided by the Supplier are an Invitation to Treat and any order resulting from the quotations or proposals shall be subject to acceptance by the Supplier.
13. Description and Specifications
13.1 Descriptions of Goods in quotations, orders, brochures, websites, promotions, acknowledgements and invoices provided to the Customer by the Supplier are approximate definitions, are general in nature and may include measurements that are “nominal”. From time to time, and at its absolute discretion, the Supplier reserves the right to vary descriptions, specifications and measurements of Goods without notice.
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