Terms of service
ALL TRANSACTIONS WITH CAREMED ALRICK HEALTHCARE ARE GOVERNED BY AND SUBJECT TO ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS OF SALE AND HIRE.
1. Definitions
2. Price
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 and the Goods have been dismantled. The Customer hereby authorises the Supplier to undertake further work as may reasonably be required to rectify such faults once the work has commenced and the Goods have been dismantled 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 the Supplier the full cost of any repairs carried out up to 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. Equipment Hire
3.1 In the event that the Supplier agrees to hire Goods (“Hire Equipment”) to the Customer, this clause 3 shall apply.
3.2 Where Hire Equipment is hired from the Supplier by the Customer, risk remains with the Customer for the duration of the hire period. Equipment may not be removed from the Customer’s site by the Customer or transferred to premises other than those notified to the Supplier on the Supplier’s Purchase Order form, during the hire period without explicit, written permission from the Supplier.
3.3 The Customer acknowledges that any Hire Equipment within the custody or control of the Customer, must be kept clean and free from damage, and that any damage caused, or severe contamination may incur charges for rectification or where necessary, replacement. The Customer is responsible for ensuring that Hire Equipment is returned to the Supplier at the end of any period of hire and will reimburse the Supplier in respect of the full cost of the Hire Equipment in the event that it is not returned to the Supplier.
3.4 Customers are prohibited from transferring to, or allowing transfer to another site or location without seeking and gaining written approval from the Supplier prior to any transfer taking place.
3.5 Customers who have arranged or allowed transfer of hire equipment to another site, without written approval from the Supplier, shall remain liable for any outstanding hire charges and any repairs or rectifications needed, until the equipment is returned to the original delivery address or collected by the Supplier.
3.6 If the Supplier is unable to retrieve equipment from the Customer due to the hired equipment being transferred, or allowed by the Customer, to be transferred elsewhere by another party, the Customer will be liable to pay in full, replacement costs for the equipment and any other costs arising as a result of the transfer.
3.7 Please note, it's the hirer's responsibility to off hire equipment. To arrange, email info@care-med.co.uk or phone 0333 242 1250, quoting the asset tag ID (DE-number).
4. Risk
4.1 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.
4.2 Once the Supplier has received a Purchase Order in respect of the Goods, the Supplier will allocate the Goods to the Customer and will provide the Customer with details of the same (“Allocation/allocated”).Risk in the Goods shall pass to the Customer after the product has been allocated to this agreement by the Supplier or its third-party supplier, if applicable.
4.3 Without limiting the generality of clause 4.2, 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.
4.4 The Customer undertakes to provide instructions to the Supplier for delivery or collection of the Goods within 24 hours of receiving notice of the allocation.
4.5 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.
4.6 The Customer acknowledges the responsibility to arrange such insurance as it considers appropriate.
5. Payment and Payment Terms
5.1 The price shall be paid by the Customer by such method as is agreed by the Supplier, on the payment date which shall be the earlier of:
5.1.1 Delivery/collection of the Goods; or
5.1.2 Seven days after the Supplier has given written notification to the Customer that the Goods are available for collection by it;
5.2 If payment is made by any means and is subsequently dishonoured by the Customer’s bank, the Supplier reserves the right to charge the Customer for bank charges and other fees incurred as a consequence.
5.3 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.
5.4 The Supplier shall be entitled to retain the Goods until the price and any applicable default or storage charges have been paid in full.
5.5 The Supplier may extend credit terms to the Customer at its own discretion and extend the period referred to in clause 5.1.2. to seven days from invoice date (or other such terms, agreed in writing or contractually). This credit facility may be withdrawn at any time if the Customer does not pay in full for the Goods in accordance with the terms agreed.
5.6 Notwithstanding clause 5.1, the Supplier may ask for payment in full for the Goods prior to delivery or may ask for payment of a deposit or part payment in its absolute discretion.
6. Delivery and Collection of Goods, and Force Majeure
6.1 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 and time shall not be of the essence in respect of delivery.
6.2 The Customer shall collect the Goods within seven days once notified by the Supplier that the Goods are available for collection.
6.3 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 additional storage charges per item per week stored. Details of such charges will be made available to the Customer upon request.
6.4 The Supplier shall not be held liable for any damages in the event of failed delivery due to events classed as force majeure.
7. Title and Transfer
7.1 Title in the Goods purchased will remain with the Supplier until payment has been received in full. Title in the Hired Equipment shall remain with the Supplier at all times.
7.2 In the event that a Customer obtains possession of the Goods prior to making payment in full, the Customer must;
7.2.1 store the Goods separately from any other person or entity; and
7.2.2 at all times ensure the Goods are marked in a manner that will enable the identification as property of the Supplier; and
7.2.3 not purport to mortgage, charge, transfer, convey, or otherwise deal with the Goods without the prior consent of the Supplier; and
7.2.4 at all times, allow the Supplier access the Goods to inspect them and to retake possession at its discretion.
7.3 The Supplier reserves the right to recover any Goods supplied to the Customer should the Customer fail to make payment in full under any contract with the Supplier.
8. Examination of Goods
8.1 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 five days of delivery otherwise no such claim shall be accepted by the Supplier.
9. Component Parts Used
9.1 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.
10. Warranty
10.1 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 (or such other period as is agreed in writing by the Supplier). If the Goods fail as a direct result of such repair work or component parts within 30 days of collection, 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.
10.2 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.
10.3 All Goods sold by the Supplier carry a warranty period, which is provided subject to the manufacturer’s terms and conditions of warranty.
10.4 Freight costs in all warranty claims are payable by the Customer.
10.5 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.
10.6 Warranty claims are only valid when accompanied by a service history or a completed maintenance log as specified in the IFU
11. Liability & Advice
11.1 The Supplier shall not be responsible for damage or fault in performance 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.
11.2 These terms and conditions contain 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 shall not be liable for any 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.
11.3 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:
11.3.1 If the breach relates to Goods:
11.3.1.1 The replacement of the Goods or supply of equivalent Goods; or
11.3.1.2 The repair of such Goods
11.3.1.3 The payment of the cost of replacing the Goods or of acquiring equivalent Goods;
11.3.1.4 The payment of the cost of having the Goods repaired; and
11.3.2 If the breach relates to services:
11.3.2.1 The supply of services again; or
11.3.2.2 The payment of the cost of having the services supplied again.
11.3.3 If the breach relates to hire of Goods:
11.3.3.1 The supply of hire again; or
11.3.3.2 The payment of the cost of having the hire supplied again
11.4 To the extent permitted in law, the Supplier’s liability under this clause 10, shall be limited to the contract price of the Goods or £100,000 whichever is the lower.
11.5 The Supplier does not offer, or purport to offer professional or clinical advice. Advice offered regarding products and/or services provided by the Supplier is to confirm specifications or technical details such as safe working loads.
12. Credit, Return(s) & Refund(s)
12.1 Subject to clauses 8 and 11, no Goods may be returned to the Supplier nor credit allowed for such return without the prior approval of the Supplier.
12.2 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. This application must be made within seven days of delivery, and the goods must be unused, show no visible signs of wear and tear, damage or soiling, and packaged in their original packaging materials.
12.3 Goods wrongly ordered by the Customer, if accepted for credit return by the Supplier will be subject to a restocking fee, and additional costs which may include (but not limited to) repackaging, collection / courier fees etc. Items made especially to order, are not considered standard stock, and therefore irrecoverable costs have been carried by the Supplier - this may affect consideration of the returns request.
12.4 Acceptance of a return for credit is at the absolute discretion of the Supplier.
12.5 Considerations for requests for a return, credit or refund, after seven days following delivery is at the absolute discretion of the Supplier; if the request by the Customer is accepted by the Supplier, a price offer will be made, taking into consideration costs and consequential losses incurred by the Supplier as a result of the return and/or refund.
12.6 Unless faulty, the Customer shall not be entitled to return any bespoke Goods supplied to the Customer by the Supplier.
12.7 We reserve the right to cancel any credit balance(s) that remain unused for a period of six (6) months from the date of issuance.
13. Quotations
13.1 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.
13.2 Quotations will be valid for a period of 30 days only (or such other period if agreed in writing by the Supplier)
13.3 Proceeding with an order, based on a quotation by the Supplier is deemed acceptance of these Terms and Conditions.
14. Description and Specifications
14.1 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.
15. These Terms and Variations
15.1 These Terms and Conditions of Sale shall prevail over any Terms and Conditions in the Customers order or instructions to proceed with works, supply, rental, repair or maintenance works or other such documents. The Supplier reserves the right from time to time to change or amend these terms and conditions of business.
16. Force Majeure
16.1 Neither party shall be liable to the other as a result of any delay or failure to perform its obligations under the Contract if and to the extent such delay or failure is caused by any event or sequence of events beyond a party’s reasonable control and which prevents it from, or delays it in, performing its obligations under this Agreement including, but not limited to, an act of God, fire, flood, drought, earthquake, windstorm or other natural disaster; an act of any sovereign including war, armed conflict, invasion; acts of terrorism, civil war, civil commotion or riot ; civil emergency; fire or explosion; adverse weather conditions; embargo, blockade, imposition of sanctions or breaking off of diplomatic relations or similar actions; law, or governmental order, rule, regulation or direction, judgment, order or decree; epidemic or pandemic; loss at sea; collapse of building structures; any action taken by a government or public authority, including, but not limited to, a failure to grant a necessary licence or consent or the imposition of an export restriction, import restriction, quota or other restriction or prohibition (“force majeure event”). If such force majeure event prevents either party from performing its obligations under this Contract for more than 30 days, then either party shall have the right, without limiting its other rights or remedies, to terminate this Contract with immediate effect by giving written notice to the other.
17. General
17.1 The Customer shall not assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Contract without the prior written consent of the Supplier. The Supplier may assign this Contract to any of its affiliates, associates or Group Companies upon giving notice in writing to the Customer of its intention to do so.
17.2. Any notice or other communication required to be given under or in connection with this Contract shall be in writing and shall be delivered to the other party by email to the Customer at such email address as is notified to the Supplier at info@care-med.co.uk
17.3 No delay, neglect or forbearance on the part of either party in enforcing against the other party any term or condition of the contract shall either be or be deemed to be a waiver or in any way prejudice any right of that party under this contract.
17.4 Nothing in the Contract is intended to, or shall be deemed to, constitute a partnership of any kind between any of the parties.
17.5 Contracts (Rights of Third Parties) Act 1999: A person who is not a party to the Contract shall not have any rights under or in connection with it.
17.6 Any variation, including any additional terms and conditions, to the Contract shall only be binding when agreed in writing and signed by the Suppler.
17.7 Severance: of any provision in this contract shall in whole or in part be held to any extent to be unlawful or unenforceable under any enactment or rule of law, the remainder of the provisions shall stand in full force and effect.
18. Data protection
18.1 In this clause 17 the terms “Controller”, “Data Subject”, “Personal Data, ”Processing” and “Processor” shall have the meanings given to them in UK Data Protection Laws and “Process” and “Processed” shall be construed accordingly. The Supplier and the Customer shall each process personal data in order to perform their respective obligations under this Contract (“the common data”). The parties acknowledge that the factual arrangement between them dictates the role of each party in respect of data protection laws but, in most instances, the Supplier and the Customer shall each be a Controller of the Common Data in common with the other.
18.2 In respect of the Common Data, the Supplier and the Customer shall each comply with their respective obligations under all relevant data protection laws, use all reasonable efforts to assist the other to comply with such obligations as are respectively imposed on them by the data protection laws and ensure that all fair processing notices (where applicable) have been given and/or applicable consents obtained and are sufficient in scope to enable the other party to Process the Common Data as required in order to obtain the benefit of its rights and to fulfil its obligations under the Contract in accordance with data protection laws.
19. Jurisdiction
19.1 The Contract shall be governed by, and construed in accordance with, English law, and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of England and Wales.
20. Trademarks
20.1 Caremed®, Mobilise®, Layflat®, The Dream Chair® (and any combination thereof), amongst others, are trademarks registered to Caremed Alrick (UK) Ltd; Caremed Alrick (UK) Ltd will not hesitate to take appropriate legal action if its rights in this respect are infringed.