Terms & Conditions of sale
Client: the person who buys or agrees to buy the goods or services from the Company.
Conditions: the terms and conditions of sale as set out in this document and any special terms and conditions agreed in writing by the Company.
Goods: the articles or services which the Client agrees to buy from the Company.
Price: the price of the Goods, excluding VAT and any carriage, packaging and insurance costs.
Company: means Total Back Care Centre Ltd
2.1 These conditions shall form the basis of the contract between the Company and the Client in relation to the sale of Goods and Services, to the exclusion of all other terms and conditions including the Client's standard conditions of purchase or any other conditions which the Client may purport to apply under any purchase order or confirmation of order or any other document.
2.2 All orders for Goods and Services shall be deemed to be an offer by the Client to purchase Goods and Services from the Company pursuant to these Conditions.
2.3 Acceptance of delivery of Goods and Services shall be deemed to be conclusive evidence of the Clients acceptance of these Conditions.
2.4 These Conditions may not be varied except by the written agreement of a Director of the Company.
2.5 These Conditions represent the whole of the agreement between the Company and the Client. They supersede any other conditions previously issued.
3.1 The price shall be the price quoted in the Company's Price List but is subject to alteration without notice.
3.2 The price is exclusive of VAT which shall be due at the rate in force on the date of the Company's invoice.
3.3 The price is exclusive of delivery or installation, which will be charged at the quoted rate.
4.1 Where the Client has an approved credit account, payment of the Price, Assessment fees, delivery/installation charges and VAT shall be due strictly within 30 days of the Company's invoice.
4.2 Where the Client does not have an approved credit account the Company will take the Client's Credit or Debit card details at the time of ordering. Full payment will be taken on despatch of the Goods.
4.3 The Company may request a full pro-forma payment for orders where there is no account history or where a Client has made a late payment on a previous order.
4.4 Payment in full is due on any transactions completed at the Centre. We accept Mastercard, Visa, Switch, Cheque, BACS or cash.
4.5 No payment shall be deemed to have been received until the Company has received cleared funds.
4.6 Interest on overdue invoices shall accrue from the date when payment becomes due calculated on a daily basis until the date of payment at 5% per annum above the Barclays bank base rate from time to time in force. Such interest shall accrure after as well as before any judgement.
4.7 The Client shall pay all accounts in full and not exercise any rights to set-off or counter-claim against invoices submitted by the Company.
5.1 The quantitly and description of the Goods shall be as set out in the Company's confirmation of order where issued.
6.1 The Company warrants that the Goods will at the time of delivery correspond to the description given by the Company in the confirmation of order. (Except where the Client is dealing as a consumer (as defined in section 12 of the Unfair Contract Terms Act 1977), all other warranties, conditions or terms relating to fitness for purpose, quality or condition of the Goods are excluded).
6.2 Individual Goods carry different lengths of Manufacturer's Warranty, details of which can be supplied by the Company on request.
7. Delivery and Installation of Goods and Services
7.1 The date of delivery specified by the Company is an estimate only and the time of delivery shall not be of the essence of the contract.
7.2 Delivery of the Goods shall be made to the Client's specified delivery address. The Client shall make all arrangements necessary to take delivery of the Goods on the day notified by the Company for delivery.
7.3 The Company shall not be liable to the Client for any loss or damage whether arising directly or indirectly from the late delivery or short delivery of the Goods.
7.4 If the Client fails to take delivery of the Goods on the agreed delivery date or, if no specific delivery date has been agreed, when the Goods are ready for despatch, the Company shall be entitled to store and insure the Goods and to charge the Client the reasonable costs of doing so.
7.5 Where the Goods are to be installed by the Company at premises nominated by the Client, the Client shall give the Company all necessary access and facilities to complete the installation, including the availability of the Client's staff as required.
7.6 The Client will indemnify the Company against any liabilities, claims or costs which the Company may suffer by reason of injury to person or property of employees of the Company or associates while they are on the Clients premises unless caused by the fault or negligence of the Company.
8. Title and Risk
8.1 Risk shall pass on delivery of the Goods to the Clients address.
8.2 Notwithstanding the earlier passing of risk, title in the Goods shall remain with the Company and shall not pass to the Client until the amount due under the invoice for them on any account has been paid in full.
8.3 Until title passes the Client shall hold the Goods as bailee for the Company and shall store or mark them so that they can at all times be identified as the property of the Company.
8.4 The Company may at any time before title passes and without any liability to the Client:
8.4.1 Repossess and dismantle and use or sell all or any of the Goods and by doing so terminate the Client's right to use or otherwise deal in them.
8.4.2 For that purpose (or determining what if any Goods are held by the Client and inspecting them) entee any premises of or occupied by the Client.
8.5 The Company may maintain an action for the price of any Goods or Services nothwithstanding that title in them has not passed to the Client.
9.1 In all cases where goods are to be returned, the Client must first telephone the Company to obtain a Returns Note and Number. Goods must be returned during business hours, carriage paid, in perfect condition in their original packaging.
9.2 For reasons of hygiene, Pillows and Beds are non-returnable (unless faulty) and should be properly trialled at the Centre prior to purchase.
10. Force Majeure
The Company shall not be liable to the Client if the performance of any of its obligations is delayed or prevented by any matter outside of the Company's reasonable control. Such matters include, but are not limited to, fire, flood, lightening, extreme weather conditions, acts of terrorism or vandalism, industrial disputes of any kind, actions of local or national government, war, power surges.
11. Governing Law and Jurisdiction
This agreement shall be governed by and construed in accordance with the law of England and the exclusive jurisdiction of the English Courts.