Terms & Conditions of Sale
1.1 Conditions͛ means these Terms and Conditions of Sale
The Company͛ shall mean Careline Care Ltd.
The Customer͛ shall mean any person, firm or company ordering
products from the Company.
Products͛ shall mean the range of products from time to time
contained in the Company’s Price List current at the date of any
order or quotation.
1.2 These Conditions will apply to all orders received by the Company
for the supply of the Products in the United Kingdom and replace all
previously published conditions.
2.1 The price of the Products (͚the price͛) shall be that
Stated in the Company’s quotation or, where there no price has
been quoted, the price listed in the Company’s Price List from time
to time applicable. (Any quotation shall remain valid for 30 days
2.2 All prices quoted are subject to VAT at the standard rate prevailing
at the date of supply.
2.3 The Company reserves the right to apply a carriage and packing
charge on all orders below £500 in value and on orders received
from and delivered to Customers at a frequency of more than once a
week on the instruction of the Customer
3.1 Orders accepted only at the discretion of the Company and at the
price prevailing in the Company’s Price List at the date of
3.2 No order which has been accepted by the Company may be
cancelled by the Customer except with the prior written consent of
the Company which may be given on such terms as the Company
shall in its sole discretion determine.
Cancellation of order (rental contract) 3 months (Three) notice is
required from the client.
4.1 Subject as expressly provided in these conditions, and except where
the Products sold to a person dealing as a consumer (within the
meaning of the Unfair Contract Terms Act 1977) any conditions or
warranties (whether express or implied by statute or common law or
arising from the conduct or previous course of dealing or trade,
custom or usage) are hereby excluded to the fullest extent
permitted by law.
5.1 No date, description, information, warranty, condition or
representation whether made verbally or contained in any
catalogue, Price List, advertisement or other written communication
made by the Company its agents or employees shall be construed so
as to enlarge, vary or override in any way these Conditions.
6.1 The Company may raise an invoice at any time following delivery of
the goods and payment shall be due within 30 days from the date of
6.2 In the event of failure to pay by the due date the Company shall at
its option suspend any further deliveries and/or recover the
Products in accordance with the rights contained on Clause 8.4.
6.3 Alarm-GPS watch/HUB rental payment shall be quarterly (3months) in
7.1 The date of delivery of the Products is the date on which the
Company informs the Customer that the Products are ready for
collection at the Company’s premises or the date on which the
Company delivers or attempts to deliver the products to the
warehouse/site or another place nominated by the Customer in the
7.2 Any dates quoted for delivery of the products are approximate only.
7.3 The Company will not be liable for any delay in delivery or failure to
deliver except in the event of wilful default.
8 PASSING OF RISK AND PROPERTY
8.1 The risk of damage or loss of the products shall pass to the
Customer at the time of delivery.
8.2 Notwithstanding delivery and the passing of risk the property in the
Products shall remain with the Company until payment for the
Products has been received in full in cleared funds.
8.3 Until such time as property in the Products passes to the Customer
the Customer shall hold the Products as the Company’s fiduciary
agent and Bailee and shall keep the Products separate from those of
the Customer and third parties and properly stored, protected,
insured and identified as the Company’s property.
Until that time the Customer shall be entitled to resell or use the
Products in the ordinary course of its business, but shall account to
the Company for the proceeds of sale or otherwise of the Products,
whether tangible or intangible, including insurance proceeds and
shall keep all such proceeds separate from any monies or property
of the Customer and third parties and, in the case of tangible
proceeds, properly stored, protected and insured.
8.4 Until the property in the Products passes to the Customer (and
provided the Products are still on existence and have not been resold) the Company shall be entitled at any time to require the
Customer to return the Products and, on failure to do so, to enter
upon the premises of the Customer or any third party where the
Products are stored and repossess the Products.
8.5 The Customer shall not be entitled to pledge or in any way charge by
way of security for any indebtedness any of the Products which
remain the property of the Company.
8.6 If the Customer does so pledge or charge any of the Products which
remain the property of the Company all monies owing by the
Customer to the Company shall (without prejudice to any other right
or remedy of the Company) forthwith become due and payable.
8.7 Tracking fixes via GPS and mobile phone coverage of any devices are
not the responsibility of the company these are third party
8.8 Unavailability or failure of telecommunications network of the
connected watch howsoever caused;
8.9 Unavailability or inaccessibility of the connected watches line;
8.10 Failure of the connected watches battery howsoever caused (battery
insufficiently charged, …)
8.11 Failure of geo-tracking of the connected watch howsoever caused;
8.12 Improper use of the connected watch, non-complaint use of the
watch regarding its teleassistance function;
8.13 In the event of the theft or lost of the connected watch.
9 DAMAGE OR LOSS IN TRANSIT
9.1 Claims based on any defect in the quality or condition of the
Products will only be considered if notified in writing to the
Company within 3 days of the date of delivery.
9.2 Claims for non-delivery of the Products will only be considered if
notified in writing to the Company within 7 days of the date of the
9.3 The Company shall not be liable to the Customer or deemed to be in
breach of any Conditions by reason of any delay in performing, or
any failure to perform any of the Company’s obligations in relation
to the products, if the delay or failure is due to any cause beyond the
Company’s reasonable control.
10 CONSEQUENTIAL LOSS
10.1 Except in respect of death or personal injury caused by the
Company’s negligence, the Company shall not be liable to the
Customer by reason of any representation, or any implied warranty,
condition or other terms, or any duty at common law, or under the
express terms of these Conditions, law, for any consequential loss or
damage (whether for loss of profits or otherwise) costs, expenses or
other claims for consequential or other compensation
whatsoever (and whether caused by the negligence of the Company,
its employees or agents or otherwise) which arise out of or in
connection with the Products or the use or resale by the Customer
of the Products, except as expressly provided herein.
10.2 For the avoidance of doubt and subject to 10.1 above the maximum
liability of the Company hereunder for any loss or damage of
whatsoever nature howsoever caused shall be limited to and in no
circumstances shall exceed the Price.
10.3 Loss of the Alarm & GPS watch will be charged to the customer at 6
(six) month rental
11.1 The Company will in no circumstances entertain a request to return
the Products unless they are in the opinion of the Company:
11.1.1 They are in a good and sealable condition
11.1.2 Where temperature-controlled storage is indicated, there is
written evidence satisfactory to the Company of storage at
correct temperature and
11.1.3 Packaging and security seals have not been tampered with
12 PATENTS AND TRADE MARKS
12.1 Nothing in these Conditions shall be construed as granting or
implying the grant of any licence under patent or trade mark rights
or any other industrial property rights held by the Company
anywhere in the world to any person, and the Company shall be
entitled to exercise such patent or trade mark rights and/or other
industrial properly rights to the fullest extent legally permissible at.
13.1 These Conditions shall be governed by the Laws of England.