TENSCARE’S TERMS & CONDITIONS OF BUSINESS
With effect from 1 Jan 2001
1. Applicability
By ordering goods and/or services from us you are deemed by us to have knowledge
of and to have accepted that, except insofar as they are varied in writing by
a director of Tenscare, these express Terms and Conditions will (a) apply, and
(b) prevail, if applicable, over your terms, conditions and stipulations.
2. Ownership of Goods – Title & Risk
We remain sole and absolute owner of the goods and Title to them remains with
us until our account has been settled in full, but Risk in the goods passes
to you upon dispatch – see 3, 4 and 5 below. Title does not pass by reason
of our delivery of the goods or your acceptance of the same.
3. Loss & Damage
Please examine the goods upon receipt and advise us within seven days of any
damage or deviation from the order you placed with us. We cannot accept a claim
once seven days has passed as after this date the goods in question shall be
deemed to be of merchantable quality and in accordance with your requirements,
and you shall be bound to pay for the same.
4. Hire Goods
Goods which you hire from us are your responsibility while On Hire to you. We
will require you in respect of any goods lost, damaged or not returned promptly
upon expiry of the Hire Period or any authorised extension thereof to pay the
full price of the item(s) concerned, less any hire charge already paid.
5. Evaluation Trials
The standard duration of an Evaluation Trial will be 21 days from Invoice date,
unless varied by us in writing. Goods supplied by us on Trial for you to Evaluate
are your responsibility unless we have previously in writing agreed otherwise.
Except where your responsibility has been so waived, we will require you in
respect of any goods:
5.1 not returned promptly upon expiry of the Evaluation Trial or any authorised
extension thereof;
5.2 returned marked, damaged or incomplete; or
5.3 not returned at all because they have been lost,
to pay the full price of the item(s) concerned, less any deposit paid at the
outset of the Evaluation Trial.
6. Refunds
We will make refunds only in the following circumstances:
6.1 Hire charges – If unused hire goods are returned promptly and received
back by us in the same condition as when dispatched then we will refund that
part of the hire charge in excess of £10+VAT per hire item.
6.2 Deposits and/or Full Payments – If as a result of an unsuccessful
Evaluation Trial you decide to return your stimulator(s) to us and the goods
are received back by us in good condition on or before the Evaluation Trial
expiry date then we will refund that part of your deposit and/or full payment
which is in excess of £15+VAT per stimulator.
6.3 Consumables – Refunds will only be made in respect of unused consumables
with seals intact received back by us in good condition at the same time as
a returned stimulator.
7. VAT
Supplies to a handicapped person, defined by the Chronically Sick & Disabled
Act 1970 as someone blind, deaf, dumb or substantially and permanently handicapped
by illness, injury or congenital deformity, are eligible for VAT relief. To
obtain supplies on a zero-rated VAT basis you must complete and sign a VAT Exemption
Certificate, or grant us your Authority to sign the Certificate on your behalf.
We reserve the right to charge VAT at the standard rate if we are not in possession
of a completed Certificate or Authority at the time of invoicing but we usually
are prepared to invoice ex-VAT if you advise us that you are eligible for VAT
relief. In these circumstances it is your responsibility to either give us your
Authority or obtain an Exemption Certificate from us, if one was not sent with
your order, which should then be completed, signed and returned forthwith. We
reserve the right to retrospectively charge the VAT plus an Administration Fee
of £10+VAT if our accounts department is not in possession of your Authority
or a VAT Exemption Certificate within two weeks of invoice date.
8. Payment Terms
Prices are quoted exclusive of VAT. Payment together with applicable taxes is
due with order unless otherwise agreed in writing in which case payment, with
time strictly of the essence, is due upon the earlier of (a) one calendar month
from delivery; or (b) the expiry of a Trial evaluation period.
9. Late Payment - Interest Charges & Other Remedies
If payment is not made on or by the due date we will be entitled without further
notice each month or part thereof to charge you interest on the overdue amount
at the greater of 2% or £10, without prejudice to any other remedy which
we may have.
10. Guarantee
Unless different periods are declared, all goods are guaranteed for one year
from invoice date, or delivery if later, subject to the reservation that if
our account was not settled when it was due then the goods are only guaranteed
for three months.
11. Credit Card Payments
If you are a Mail Order customer your credit card will be debited upon dispatch
of your goods. Should any item amongst these be On Trial and the subject of
a deposit, only the deposit will be debited upon dispatch. The balance will
only be debited (a) if you advise us that the Trial was satisfactory, or (b)
if you fail to return the item upon or before the expiry of the Trial period,
as we will take this to mean that you wish to retain and pay for it.
12. Returning Goods
You are responsible:
12.1 for the cost of returning anything to us; and
12.2 for any damage or loss to the goods until we receive them.
We therefore recommend that goods to be returned by mail are sent by Registered
Post, a Royal Mail service offering full compensation and guaranteed delivery.
Recorded Delivery is a cheaper option but we do not recommend this as compensation
is limited and delivery is not guaranteed. In any event, you should keep your
receipt of posting for a minimum of three months.
13. Patents, Registered Designs, Copyrights and Trademarks
Regardless of whether or not our products and designs are protected by patent,
registration, copyright, trademark or other legal device you agree that except
with our prior written permission you will not:
13.1 imitate;
13.2 copy; and/or
13.3 derive commercial advantage
from our products or designs or from any characteristic, aspect, feature, part
and/or property of our products or designs.
14. Third party accessories
Our stimulators are only CE approved for use with our lead wires and our electrodes.
We do not permit our stimulators to be used with lead wires and/or electrodes
supplied by third parties even if CE approved, and you agree not to use third
party accessories.
15. Intended Purpose of Use
Our stimulators are for your personal use, or for commercial resale through
a distribution channel where the end users purchase the units. You agree not
to hire out our stimulators, nor to supply them along a distribution channel
where the end users hire rather than purchase the units.
16. No Waiver
A failure by us at any time or for any period to enforce any one or more of
the Terms and Conditions shall not be a waiver of the right to enforce such
Terms and Conditions on a future occasion.
17. Headings and Singularities/Pluralities
The headings used in these Terms & Conditions are for convenience only and
have no legal effect. Singulars and Plurals are interchangeable as circumstances
require.
18. Governing Law & Jurisdiction
All matters arising out of the relationship between you and us shall be interpreted
or construed in accordance with English Law and you and we agree to submit to
the jurisdiction of the English courts.
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