Contract for Goods or Services
1 DEFINITIONS AND INTERPRETATIONS
1.1 In these conditions: –
1.1.1 “Consumer” means any customer who is purchasing outside the course of his or her business or trade.
1.1.2 “you” means the Consumer or any other person or organization submitting an order for Goods.
1.1.3 “Goods” means goods to be supplied under these conditions.
1.1.4 “Services” means the services to be supplied under these conditions (see schedule for details of service)
1.1.5 “Special Conditions” means conditions relating to specific Goods or Services supplied under these conditions.
1.1.6 “Writing” means letter, fax or email.
1.2 The contract for the supply of Goods and/or Services (“Contract”) will be formed on receipt of your order.
1.3 These conditions and any matters referred to on our order acknowledgement (as appropriate) form the entire understanding between you and us and supersede any prior promises, representations (unless fraudulent) or undertakings.
1.4 Any omission or error in any sales literature, web page or site, order form, price list, order acknowledgement, dispatch note, invoice or other document issued may be corrected without liability.
1.5 Subject to any Special Conditions, the provisions of the Contracts (Rights of Third Parties) Act 1999 are expressly excluded from the Contract so that no third party may claim any rights under this contract.
1.6 Clause headings are for convenience only and do not affect the interpretation of these conditions. Words in the singular include the plural and vice versa.
1.7 Any applicable Special Conditions are supplemental to these terms and conditions.
2.1 If the Goods which you purchase from us are faulty, you should notify us in writing within 14 days of delivery. We will examine the Goods and, if the Goods are faulty, we will, at our option, either replace the defective Goods or refund the price of the defective Goods.
2.2 The warranty in 2.1 above does not apply to faults which have been caused by your misuse and/or neglect of the Goods or by accidents caused while the Goods are in your possession.
2.3 You must return all Goods to us in their original packaging in substantially the same condition as you bought them.
3 LIMITATION OF LIABILITY
3.1 We will not be liable to you by way of representation (unless fraudulent), common law duty or under any express or implied term of the Contract for:
3.1.1 any losses which are not reasonably foreseeable by both Parties when the Contact is formed arising in connection with the supply of Goods and/or Services or their use by you;
3.1.2 any losses which are not caused by any breach by us; and/or
3.1.3 business or trade losses.
3.2 Subject to condition 3.3 below, our entire liability in connection with the Contract will not exceed the purchase price of the Goods or Services to which the claim relates.
4.1 The price for the Goods and/or Services is stated on our order acknowledgement (as appropriate). All prices shown on the website are in pounds sterling and are exclusive of VAT unless otherwise provided. Delivery, VAT (at the applicable rate), any applicable bank charges, and the cost of packaging and insurance will be added to or charged on invoices at the appropriate rates and paid by you. If the rate of VAT is amended, we shall change the rate of VAT payable by you accordingly.
4.2 We may vary the price where the cost to us of acquiring or supplying the Goods or Services is increased between the date of the order acknowledgement and delivery to account for, without limitation, increases in the cost of Goods or Services, carriage, packaging or insurance or arising from a change in exchange rate, a change in delivery date, quantities, pricing errors or delay caused by your instructions PROVIDED THAT we will notify you in writing in good time prior to delivery of such price increases. You may cancel your order within 7 working days of this notice if you are unhappy with the price increase.
5 PAYMENT (Our full Payment terms can be found HERE)
5.1 The price of the product/service (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of product advised to you is correct. However please see condition 5.2 for what happens if we discover an error in the price of the product you order.
5.2 Unless we agree otherwise in Writing, you must pay for Goods and Services at time of Goods or Services being delivered to you by such means as we may notify you. On completion of your order you can pay with a cheques, debit or credit card or (Online shop) Paypal, if you hold a credit account with us it will be added to your account.
5.3 Where you do not make any payment to us under the Contract by its due date then, we may, in addition to any other rights which we have under this Contract, withhold further deliveries and/or suspend performance of the Contract until arrangements as to payment or credit have been established on terms which are satisfactory to us.
6.1 We will deliver the Goods to the place designated by you in the accepted order during normal business hours.
6.2 Unless otherwise expressly agreed in writing, any delivery date or time specified by us is a best estimate only and we will not be liable to you for any loss or damage sustained by you if we fail to meet that time scale.
6.3 If you become unable to pay your debts (or have no reasonable prospect of so doing), make an arrangement with your creditors, suffer a bankruptcy order, become insolvent or go into liquidation, receivership or administration, have an administrator appointed, are wound up, or breach your payment obligations under the Contract, then we may, as well as any other rights which we have under this Contract, immediately terminate the Contract and suspend or cancel further delivery.
7 RISK AND TITLE
7.1 The risk for damage to the Goods will pass to you upon delivery.
7.2 Title to the Goods will not pass to you until we have received payment in full (in cash or cleared funds) for the Goods.
7.3 If you fail to pay for any Goods in accordance with these conditions we may bring action against you for the price of the Goods at any time.
YOUR RIGHT OF CANCELLATION
8.1 This condition applies to Consumers only.
8.2 Under the United Kingdom’s the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, you have the right to cancel the Contract for the purchase of any of the Goods and/or the supply of the Services within 14 working days of delivery (in respect of Goods) and within 14 working days from entering into the Contract (in respect of Services). A working day is any day other than weekends and bank or other public holidays. We will be happy to exchange the Goods or provide you with a full refund for the price of the Goods within 14 days we receive the product back from you provided you returned the Goods to us in the same condition that they were delivered. Any refund due to you following cancellation shall be made within 14 days of us receiving your notification that you wish to cancel. You must confirm in writing that you wish to cancel the Contract.
8.3 This right of return is in addition to any other rights, warranties or conditions available to you. (For example, there are terms implied into our Contract with you under Consumer Rights Act 2015 which we cannot exclude.)
8.4 If you exercise your right of cancellation after the Goods have been delivered to you, please package any Goods securely in the original packaging and return to the address noted in the order confirmation. For your protection, we recommend that you use a recorded delivery service. Please note that you will be responsible for the costs of returning the Goods to us unless we delivered the items to you in error or the Goods are faulty. If you do not return the Goods as required, we may charge you a sum not exceeding the direct costs of recovering the Goods.
Where the contract is for service, the following is the standard provision :-
A routine annual service includes the following:
There are small variations for different makes or sizes of machine.
We also offer a Hygiene Ensure touch surface test that can be included at an additional cost.