TERMS & CONDITIONS ...
These Terms and Conditions (“Terms”) will form part of the contract between the Company and the Customer for the provision of Goods by the Company to the Customer and may only be varied by written notice by the Company to the Customer.
In these Terms “Company” shall mean Spirit Healthcare Ltd of Spirit House, Spirit Way, Leicester, LE2 6UP and the “Customer” shall mean the person named on the Invoice / Order. These Terms as amended from time to time and those, if any, which are implied and which cannot be excluded by law, contain the entire agreement between the Company and the Customer relating to the Goods and there are no agreements, understandings, warranties or representations between the parties save for those contained herein. Any other contractual terms, whether upon the Customer’s order or elsewhere, that are contrary to or inconsistent with these Terms shall not apply nor shall they constitute a counter-offer. By receiving delivery and/or supply of all or a portion of the materials and/or parts and/or labour and/or services (“Goods”), the Customer shall be deemed to have accepted these Terms and to have agreed that they shall apply to the exclusion of all others. All Goods are charged at the price ruling at the date of an invoice and any appropriate tax as applicable by UK law will shall be payable by the Customer. All prices are exclusive of VAT.
STANDARD TERMS & CONDITIONS ...
1. Credit Terms
1.1. Payment is due no later than 30 days from the date of invoice rendered in respect of the supply of the goods unless otherwise stated in writing by the Company.
1.2 The Company reserves the right to charge, and the Customer is liable to pay, for all reasonable expenses (debt collection fees) and legal costs (solicitor) incurred by the Company for enforcement of obligations and recovery of monies due from the Customer to the Company in accordance with Directive 2011/7/EU on Combating Late Payment in Commercial Transactions.
2. Delivery and Supply
2.1. Delivery of the Goods shall be deemed to have been made by the Company dispatching the goods to such place for delivery as is agreed by the Company with the Customer on the order form on in writing thereafter.
2.2. Any dates quoted for delivery and/or supply are estimates only and the Company shall be not liable for failure to deliver/supply or for delay in delivery/supply. The Customer shall not be relieved of any obligation to accept or pay for the Goods by reason of any delay in delivery/supply or dispatch. The Company reserves the right to stop supply at any time if the Customer fails to comply with the Terms.
2.3. The risk of damage, loss or deterioration of any Goods will pass to the Customer upon deemed delivery pursuant to Clause 2.1.
3.1. It is a condition of these Terms that until the Company has received in cash or cleared funds payment in full for all Goods dispatched, and any other sums in any way outstanding from the Customer to the Company from time to time the property in the Goods shall remain vested in the Company, and the Customer will hold the Goods as fiduciary agent and bailee for the Company and will keep the Goods separated from those of the Customer and third parties (at its own cost) properly stored, protected and identified as the Company’s property.
3.2. All sums outstanding become immediately due and payable by the Customer to the Company if the Customer (a) makes default in payment any other sums due to the Company, (b) becomes bankrupt or comments any act of bankruptcy, (c) compounds with its creditors or (d) has a provisional liquidator, liquidator, receiver, receiver managers or administrator appointed, notwithstanding the provisions of any other clause in these terms
3.3. The Goods shall nevertheless be at risk of the Customer from the time of dispatch referred to in Clause 2.1 and the Customer must insure the Goods (on behalf of the Company for their full price against all risks to the reasonable satisfaction of the Company) from the time of such dispatch.
3.4. Until such time as the property in the Goods passes to the Customer the Customer is only authorised to sell the goods (or any portion of them) to third parties as the fiduciary agent of the Company provided that there shall be no right to bind the Company to any liability to such third party by contract or otherwise. All payments (direct or indirect) received from such third parties by the Customer for the Goods (or any portion of them) shall be held on trust for the Company pursuant to the fiduciary relationship referred to in clause 3.1.
3.5. In the event that the Customer incorporates or transforms the Goods (or any portion of them) into any other Goods or products produced by the Customer (or third party), then the Customer must hold a proportion of any payment (“relevant portion”) received by the Customer for such Goods or products on trust for the Company. The Customer expressly acknowledges that the relevant proportion shall be equal to the dollar value the portion of the Goods incorporated or transformed and the Customer further acknowledges that any part payment (not exceeding the relevant proportion) received by the Customer for such Goods or products is received as payment first of the relevant proportion.
3.6. The Customer irrevocably authorises Company, its agents and employees, and will ensure that the Company, its agents and employees, is irrevocably authorised, to enter any premises where the Goods are kept and to use the name of the Customer and to act on its behalf, if necessary to recover possession of the Goods.
4. Returns, Cancellation and Claims
4.1. The Customer shall not return any Goods to the Company without obtaining prior written authorisation from the Company. Unauthorised returns will not be accepted. Goods returned that are deemed faulty must be accompanied with a relevant description of the fault. A list of the Goods returned including product descriptions, quantity, date of return and the Customer name and address must also be enclosed. All Goods must be returned in the original packaging and the Customer shall be responsible for all damages incurred during return shipment. A credit note will be issued by the Company only after the Goods returned are either collected by the Company’s authorised representative or returned to it by the Customer as set out above.
4.2. All complaints, claims or notification of lost Goods, incomplete Goods, Goods damaged in transit or Goods that do not comply with the Customers purchase order must be submitted by the Customer to the Company in writing within ten (10) business days of the date of the invoice rendered for the supply of Goods and shall not refuse to pay for the Goods on the basis that they were lost, incomplete, damaged in transit, or do not comply with the Customer’s purchase order.
4.3. Notwithstanding clause 4.2, all complaints, claims or notification of carton shortages, Goods damaged in transit or pilferage must first be directed to the freight carrier.
4.4. To cancel an order:
4.4.1. Email firstname.lastname@example.org or call +44 (0) 116 286 5000;
4.4.2. If goods have already been dispatched, Customer can return goods to us in accordance with clause 4.5 below.
4.5. You can return goods you have ordered from us if Merchandise is not satisfactory or which does not correspond with its description or which fails to comply with any other item implied by the sale of Goods Act 1979 on sale to a customer any time within 7 days (14 days for international purchases) of receipt for a full refund or exchange. The costs of returning goods to us shall be borne by Customer and will only be accepted if in the same condition as when the item(s) first left Company
4.6. Upon receipt of the Goods Company will give you a full refund of the amount paid or an exchange credit as required.
4.7. The right to return the Goods will not apply in the following circumstances:
4.7.1. in the event that the product has been used or
4.7.2. bespoke products.
4.8. If not accompanied by a receipt: The Company may at its discretion issue a merchandise credit for the lowest retail price for which the merchandise was sold while it was last in the stock. We kindly remind our customers that invoices and requests for Tax Free Refunds must be made at the time of purchase. This is a statement of Policy only, which may be changed at any time and does not affect your statutory rights.
5.1. No warranties except those implied and which cannot be excluded by law are given by the Company in respect of Goods or services supplied by the Company. To the fullest extent permitted by law, the liability of the Company for breach of a condition or warranty is limited to the repair or replacement of the Goods, the supply of equivalent goods, the payment of the cost of the repairing or replacing the Goods or acquiring equivalent goods, the supply of services again or the payment of the cost of hiring the service supplied again, as determined by the Company. Without limiting the generality of the above, the Company will not be liable to the Customer for any indirect or consequential loss, or for any loss of profit or reputation.
6. Termination and Consequences of Termination
6.1. The Company shall have the right to terminate these Terms (which form part of the contract between the Company and the Customer) at any time by giving at least seven (7) days’ notice to the Customer (or immediately as provided in clause 8.1.2) in any of the following events;
6.1.1. If the Customer commits a material breach of any of the Terms and fails to remedy the same within thirty (30) days of being so notified; or
6.1.2. Immediately upon the Customer becoming bankrupt or having any provisional liquidator, liquidator, receiver, receiver and manager or administrator appointed over it
6.2. On termination pursuant to clause 8.1;
6.2.1. the Company shall not be obliged to supply and Goods ordered by the Customer unless such Goods have already been paid by the Customer to the Company;
6.2.2. notwithstanding any provision in the Terms, all payments payable by the Customer to the Company in respect of any Goods shall become due immediately upon termination; and
6.2.3. in respect of any Goods of which ownership has not passed to the Customer, the Customer’s right to possession will terminate immediately upon termination pursuant to clause 8.1; and
6.2.4. The customer shall return to the Company all Goods the Customer has not paid for at the time of termination.
6.3. Termination of the Terms for any reason will not affect the respective rights and liabilities of each of the parties which have accrued prior to such termination.
7. Failure to Act
7.1. The Company’s failure to enforce or insist upon the timely performance of any term, condition, convenient or provision in these terms, or the Company’s failure to exercise any right or remedy available under these Terms or at law of the Company’s failure to insist upon timely payment of the monies when due or to forbearance under these Terms shall not constitute a waiver of any subsequent default or a waiver of the Company’s right to demand timely payment of future obligations or strict compliance with these Terms.
8. Legal Construction
8.1. These terms shall be governed by and interpreted according to the laws of England and Wales and the Company and the Customer consents and submits to the jurisdiction of the courts of England and Wales.
8.2. Notwithstanding that any provision of the Terms may prove to be illegal or unenforceable pursuant to any statute of rule of law or any other reason that provision is deemed omitted without affecting the legality of the remaining provisions and the remaining provisions of the term shall continue in full force and effect.
ONLINE STORE TERMS & CONDITIONS ...
1.1. Orders can be delivered to either a business or residential address. Should the delivery address be unattended at the time of delivery, a delivery card will be left in the letterbox advising customer to contact the shipping company about where to collect from or, if available, arrange a date and time for redelivery. Please note that we are unable to deliver to PO Box addresses.
1.2. Our partnership with our delivery service ensures that any goods reach you in a timely manner and in perfect condition. If the items are not in stock we will contact you and a special order arranged as soon as possible. Items will be dispatched once payment has been approved and the delivery/billing address has been verified.
1.3. Cost for UK delivery varies depending on the product ordered and the amount paid. This is subject to availability, and does not include gift vouchers, international delivery destinations, or premium delivery services. Please read below for details on delivery policies.
1.4. Our delivery days are Monday to Friday between 9am and 5pm. You can request a special delivery for Saturday for a premium cost, please contact us for more details if you require so.
1.5. Orders will be shipped the same working day if order is placed before 1pm. If placed after 1pm the items will be dispatched the next working day at the latest.
1.6. Should a customer miss a delivery it is then the customers responsibility to re-arrange delivery or alternatively to pick this item up from an assigned collection point.
1.7. To enquire the status of a delivery contact +44 (0) 116 286 5000 or email email@example.com
2. Delivery Cost
2.1. For orders totalling £0.00 (log books, batteries, etc.) shipping is free of charge for commercial or private addresses. (Please contact us for details on which products you can receive free of charge).
2.2. For orders between £0.01 and £100.00 shipping is free of charge for private addresses and £7.49 for commercial addresses.
2.3. For orders totalling £100.01 or more shipping is free of charge for commercial or private addresses.
3. Deliveries Outside United Kingdom
3.1. We deliver a range of products outside the UK, including the Republic of Ireland. Charges and times vary depending on the products ordered and delivery location; please contact us for more details and the availability of delivering to a specific country.
3.2. We also reserve the right not to deliver orders if we believe the address is not secure, for
3.3. example, to a communal postal address or PO Box. If this affects an order you place, we will notify you as soon as possible.
4.1. All payments made from the UK must be made in pounds sterling, regardless of the delivery country. If paid from abroad, please refer to www.oanda.com for currency exchange rates on the day of payment.