Terms & Conditions of Sale

 

1 INTERPRETATION

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 PRICE

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

only)

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 ORDERS

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

acceptance.

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 WARRANTIES

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 REPRESENTATIONS

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 PAYMENTS

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

the invoice.

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

advance

7 DELIVERY

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

order

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

provisions.

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

invoice.

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 RETURNS

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 LAW

13.1 These Conditions shall be governed by the Laws of England.