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1.1 The “Company” means AKW Medi-Care Limited.
1.2 The “Customer” means any person, firm or company purchasing the Goods.
1.3 The “Contract” means the contract between the Company and the Customer for the sale and purchase of the Goods, comprising the quotation (if any) made by the Company, the Customer’s order for the Goods, the Company’s acceptance thereof and these terms and conditions.
1.4 “Credit Reference Agencies” means Experian Limited and/or any other organisation that maintains and provides information concerning the credit history of any person.
1.5 “Data Subjects” means (1) the Customer, (2) where the Customer is a company, the directors of that company,
(3) where the Customer is a partnership, the partners of that partnership, (4) where the Customer is a limited liability partnership, the members of that limited liability partnership and (5) where the Customer is a business conducted by an individual, that individual.
1.6 The “Goods” means any goods or services agreed in the Contract to be supplied to the Customer by the Company (including any part of parts of them).
1.7 “Group Company” means the Company and any holding company of the Company from time to time and any subsidiary from time to time of any such holding company.
2. PREVAILING TERMS & CONDITIONS
2.1 The Company is only willing to contract on these terms and conditions and any printed or standard conditions which appear or are referred to on any document emanating from the Customer or any variations from the Company’s standard terms and conditions are to have no legal effect unless agreed in writing by a director of the Company.
2.2 The Customer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of the Company which is not set out in the Contract. Nothing in this condition shall exclude or limit the Company’s liability for fraudulent misrepresentation.
3. FORMATION OF CONTRACT
3.1 Any quotation is given on the basis that no Contract will come into existence until the Customer’s order is accepted by the Company delivering a written or electronic acknowledgement of order to the Customer. If the Customer’s order is not preceded by a quotation from the Company, the Customer’s order shall not become binding on the Company until it is accepted by the Company delivering a written or electronic acknowledgement of order to the Customer.
4. QUOTATIONS, PRICING AND ORDERS
4.1 All prices quoted are exclusive of VAT, which will be added to the price at the prevailing rate. The quoted price may be varied by the Company in accordance with cost variations but will not result in any right by the Customer to cancel the contract. Carriage may be charged extra in accordance with rates as published in current AKW and/or Trays Direct price lists.
4.2 The Company reserves the right to alter carriage charges without notice in the event of fuel surcharges being imposed by our carriers. Small consignments may include a small order charge as published in current AKW and/or Trays Direct price lists.
4.3 Any costs incurred by ourselves as a result of cancellation of bespoke items will be chargeable.
5.1 Delivery is free of charge using our standard delivery service. Effective 1st January 2014 our next working day delivery service is subject to a minimum order value of £275. Orders below this value are subject to a charge of £12.00.
5.2 Unless otherwise agreed in writing, delivery of the Goods shall take place at the Company’s place of business.
5.3 Please do not schedule or start any installation work until after you have received your order and checked all goods for any defects or missing parts. This will enable you to resolve any technical questions or to order specific additional fittings if needed.
5.4 Any quotation by the Company of a time for delivery is not guaranteed and time for delivery shall not be made of the essence by notice.
5.5 No liability is accepted for direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and similar loss), costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods (even if caused by the Company’s negligence). Nor shall any delay entitle the Customer to terminate or rescind the Contract unless such delay exceeds  days.
5.6 The quantity of any consignment of Goods as recorded by the Company on despatch from the Company’s place of business shall be conclusive evidence of the quantity received by the Customer on delivery unless the Customer can provide conclusive evidence proving the contrary.
5.7 The Company shall not be liable for any non-delivery of Goods (even if caused by the Company’s negligence) unless the Customer gives written notice to the Company of the non-delivery within 3 days of the date when the Goods would in the ordinary course of events have been received.
5.8 Any liability of the Company for non-delivery of the Goods shall be limited to replacing the Goods within a reasonable time or issuing a credit note at the pro rata Contract rate against any invoice raised for such Goods.
5.9 No claim for damage to the Goods or shortages in the Goods will be considered unless the Company is advised within 3 days of delivery and the Customer also notifies the carrier in the manner and within the appropriate time limit prescribed by the carrier’s terms and conditions.
5.10 If for any reason the Customer fails to accept delivery of any of the Goods when they are ready for delivery, or the Company is unable to deliver the Goods on time because the Customer has not provided appropriate instructions, documents, licences or authorisations:
(a) risk in the Goods shall pass to the Customer (including for loss or damage caused by the Company’s negligence);
(b) the Goods shall be deemed to have been delivered; and
(c) the Company may store the Goods until delivery, whereupon the Customer shall be liable for all related costs and expenses (including, without limitation, storage and insurance).
6. PAYMENT TERMS
6.1 Payment terms are strictly 30 days after date of invoice. The Company reserves the right to charge interest at the rate of 4% over Lloyds Bank base rate on all overdue accounts. The due date for payment is of the essence of the contract. The Customer will have no right to set-off statutory or otherwise.
7. PROPERTY AND RISK
7.1 The property (both legal and equitable) in the Goods shall not pass to the Customer until:
(a) the purchase price of the Goods has been paid in full, and
(b) payment is made to the Company of any sum which is at the date of the Contract or may thereafter become due or owing from the Customer to the Company.
7.2 Until property in the Goods has passed to the Customer the Customer will hold the Goods (or their proceeds of resale) in a fiduciary capacity.
7.3 Notwithstanding that the ownership remains with the Company until Goods are paid for in full, the Customer shall accept
the risk in the Goods on delivery and shall appropriately insure them.
7.4 Until property in the Goods has passed to the Customer, the Customer shall keep the Goods separately identifiable and shall not destroy, deface or obscure any identifying mark or packaging on or relating to the Goods.
7.5 The Customer grants an irrevocable licence to the Company to enter on to the Customer’s premises with agents and vehicles if appropriate to recover the Goods.
7.6 The Customer’s right to possession of the Goods shall terminate immediately if:
(a) the Customer has a bankruptcy order made against him or makes an arrangement or composition with his creditors, or otherwise takes the benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or (being a body corporate) convenes a meeting of creditors (whether formal or informal), or enters into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or has a receiver and/or manager, administrator or administrative receiver appointed of its undertaking or any part thereof, or documents are filed with the court for the appointment (a) the Customer has a bankruptcy order made against him or makes an arrangement or composition with his creditors, or otherwise takes the benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or (being a body corporate) convenes a meeting of creditors (whether formal or informal), or enters into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or has a receiver and/or manager, administrator or administrative receiver appointed of its undertaking or any part thereof, or documents are filed with the court for the appointment of an administrator of the Customer or notice of intention to appoint an administrator is given by the Customer or its directors or by a qualifying floating charge holder (as defined in paragraph 14 of Schedule B1 to the Insolvency Act 1986), or a resolution is passed or a petition presented to any court for the winding-up of the Customer or for the granting of an administration order in respect of the Customer, or any proceedings are commenced relating to the insolvency or possible insolvency of the Customer; or
(b) the Customer suffers or allows any execution, whether legal or equitable, to be levied on his/its property or obtained against him/it, or fails to observe or perform any of his/its obligations under the Contract or any other contract between the Company and the Customer, or is unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 or the Customer ceases to trade; or
(c) the Customer encumbers or in any way charges any of the Goods.
7.7 the Company shall be entitled to recover
payment for the Goods notwithstanding that ownership of any of the Goods has not passed from the Company.
8. GUARANTEE AND EXCLUSIONS
8.1 All catalogue products are guaranteed for life apart from where it indicates otherwise. The Company will free of charge repair or at its option replace any Goods which are proved to its reasonable satisfaction to have failed to meet its designed specification due to defective material or workmanship, provided that this obligation shall not apply where:
(a) the Goods have been improperly installed, installed with a defect without the written authority of the Company, altered in any way or are subject to any unauthorised repair or misuse, or
(b) the Customer has failed to provide documentary notification and proof of a defect or suspected defect or returned the goods for inspection within 14 days of the same coming to the knowledge of the Customer, or
(c) the Customer is in breach of this or any other contract with the Company.
8.2 SAVE AS PROVIDED IN THE PRECEDING PARAGRAPH IN NO CIRCUMSTANCES WILL THE COMPANY OR ITS EMPLOYEES, AGENTS OR SUB-CONTRACTORS BE LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND CONSEQUENTIAL OR OTHERWISE (OTHER THAN DEATH OR PERSONAL INJURY RESULTING FROM THE COMPANY’S NEGLIGENCE) WHETHER UNDER THE CONTRACT OR NOT, OR CAUSED DIRECTLY OR INDIRECTLY BY ANY NEGLIGENCE OR OTHER TORTIOUS ACT OR BREACH OF
STATUTORY DUTY ON THE PART OF THE COMPANY OR ON THE PART OF ANY OF ITS EMPLOYEES, AGENTS OR SUB-CONTRACTORS IN CONNECTION WITH OR ARISING OUT OF THE MANUFACTURE OR SUPPLY OF THE GOODS OR IN CONNECTION WITH ANY STATEMENT GIVEN OR MADE (OR ADVICE NOT GIVEN OR MADE) BY OR ON BEHALF OF THE COMPANY. THE COMPANY HEREBY EXCLUDES ALL CONDITIONS, WARRANTIES AND STIPULATIONS EXPRESS OR IMPLIED, STATUTORY, CUSTOMARY OR OTHERWISE WHICH BUT FOR SUCH EXCLUSION WOULD OR MIGHT SUBSIST IN FAVOUR OF THE CUSTOMER.
9.1 the Company disclaims liability for goods returned without the written authority of the Company. Any goods approved for return must be advised in writing quoting the Company’s invoice number and returns number. The Company disclaims any risk or liability for any returns whilst in transit to the Company. If for any reason you are unhappy with your goods please notify AKW MediCare and return within 30 days. All returns must be in the original packaging. Only items printed on the returns form are authorised for return. We reserve the right to return any non-authorised items to you. Please also remember to check goods ensuring you are happy with them before signing. There is a £32 collection charge for returns. We reserve the right to deduct repackaging or restocking fees (where applicable) from any credit/refund amount, or apply charges direct to your account. If a return is made using a third-party carrier proof of postage must be retained. AKW reserve the right to not credit an account if proof of postage cannot be provided. AKW reserve the right to charge £32 per attempted collection. The following are excluded from our returns policy:- Made to measure products, Independence kitchen units and special order products.
10. RIGHT TO SUB-CONTRACT OR ASSIGN
10.1 The Company shall be entitled to sub-contract or assign any part of the Contract to any person, firm or Company.
10.2 The Customer shall not be entitled to assign the Contract or any part of it without the prior written consent of the Company.
11. FORCE MAJEURE
If the Company is prevented or hindered from making delivery of any Goods or completion of any work by reason of acts of God, civil disturbance, industrial action (including labour disputes involving the work force or any part of the work force of the Company), government action or any other cause whatever beyond the Company’s control, the Company may give notice to the Customer either: (a) cancelling the Company’s outstanding obligations under the Contract, or (b) extending the time for delivery or completion by a period not exceeding four months.
The Contract will terminate immediately upon service of written notice of termination by the Company on the Customer on the happening of any one or more of the following: namely, that the Customer has suffered or allowed any execution whether legal or equitable to be levied on his/its property or obtained against him/it or has failed to observe or perform any of his/its obligations or duties under the Contract or any other contract between the Company and the Customer or is unable to pay his/its debts within the meaning of Section 123 of the Insolvency Act 1986 or the Customer has ceased to trade.
13.1 Each right or remedy of the Company under the Contract is without prejudice to any other right or remedy of the Company whether under the Contract or not.
13.2 If any provision of the Contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of the Contract and the remainder of such provision shall continue in full force and effect.
13.3 Failure or delay by the Company in enforcing or partially enforcing any provision of the Contract shall not be construed as a waiver of any of its rights under the Contract.
13.4 Any waiver by the Company of any breach of, or any default under, any provision of the Contract by the Customer shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other terms of the Contract.
13.5 The parties to the Contract do not intend that any term of the Contract shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.
14. PROPER LAW
The Customer and the Company agree that the proper law governing any contract between them will be English law and agree to submit to the non-exclusive jurisdiction of the English Courts.
Irrespective of any suggestions and guidance given by the Company in its literature or otherwise it is the Customer’s responsibility to ensure the installation complies with all regulations and requirements that apply to the Customer’s site.
Due to a continual policy of product development the Company reserves the right to amend specifications where necessary.
15. DATA PROTECTION
15.1 To help the Company decide whether to enter into a Contract and to help the Company manage the Customer’s account, the Company may search any of the following records, namely the Data Subjects’ personal and business records at Credit Reference Agencies, the Company’s own records and those of any Group Company concerning Data Subjects and Data Subjects’ records at UK or overseas fraud prevention agencies. A record of the Company’s searches will be made and this will be available to other organisations who make similar searches.
Credit Reference Agencies may supply to the Company both public (including electoral register) and shared credit and fraud prevention information. The Company may also use information it obtains from the Customer’s performance of any other agreement or contract it has or has had with any Group Company. The Company may also use identity verification, credit scoring or other automated decision-making systems.
15.2 The Company will add to the Data Subjects’ records with the Credit Reference Agencies by giving information relating to the Data Subjects, the Contract and information about the Customer’s payment record. The Company will also tell them of any delay or default in payment or otherwise and any change of address the Customer fails to notify to the Company when any payment is overdue. It is important that Data Subjects supply accurate information to the Company. The Company may check Data Subjects’ details with fraud prevention agencies and if the Company is given false or inaccurate information or the Company suspects fraud, it will record this and may pass on this information to fraud prevention agencies and other organisations involved in crime and fraud prevention. Credit Reference Agencies and fraud prevention agencies may record any information supplied to them by the Company. Records remain on file for six years or other period permitted by applicable law.
15.3 This information may be supplied to, shared with and cross checked by other UK or overseas businesses and organisations (including any Group Company, lenders, Credit Reference Agencies, fraud prevention agencies, credit industry fraud avoidance networks and any other company that the Company may select from time to time):
15.3.1 to assess applications for credit and related services made by Data Subjects;
15.3.2 to trace debtors, recover debt, to prevent fraud and money laundering;
15.3.3 to make decisions about a Data Subject’s account;
15.3.4 to carry out statistical analysis and market research;
15.3.5 for such other purposes required or permitted by law, including the Data Protection Act 1998.
15.4 The Company may also give information about Data Subjects to:
15.4.1 the Company’s insurer;
15.4.2 anyone acting on the Company’s behalf, including a Group Company;
15.4.3 any finance house;
15.4.4 companies or other bodies which maintain registers of assets and interests in them; and
15.4.5 credit industry fraud avoidance networks for the purpose of administration, underwriting and processing.
15.5 Fraud prevention agency records will also be shared with other organisations to help make decisions on credit proposals for Data Subjects. For these purposes the Company or they may make further searches.
15.6 Information held about Data Subjects by the Credit Reference Agencies may already be linked to records relating to one or more of their partners. For the purposes of the Contract, Data Subjects may be treated as financially linked and the Customer’s application will be assessed with reference to any associated records. If the Customer is a joint applicant or a Data Subject has told the Company of some other financial association with another person, the Customer and applicable Data Subjects must be sure that they are entitled to disclose information about the applicable joint applicant and anyone referred to by them and authorise the Company to search, link or record information at Credit Reference Agencies about them and anyone referred to by them. An “association” between joint applicants and between applicants and anyone referred to by them a financial partner will be created at Credit Reference Agencies. This will link the financial records of applicants and all such persons, each of which will be taken into account in all future applications by any of the applicants and all such persons. This will continue until one of them successfully files a disassociation at the Credit Reference Agencies.
15.7 If a customer has obtained credit from the company and does not make payment when due, the company will trace the customers whereabouts and recover debts.
15.8 The Company may contact Data Subjects from time to time with details of other products and services which it or third parties offer. For this purpose, the Company may make use of an automated decision making programme now and in the future. It may also give information about Data Subjects to any Group Company and any other person or company the Company selects from time to time so that they may use it for similar purposes. Data Subjects may be contacted by post, telephone, or other means. Data Subjects have a legal right to stop the Company from contacting them or giving their details to others for direct marketing purposes. Please write to the Company at our address at AKW Medi-Care Limited, Unit 404 Pointon Way, Hamton Lovett, Droitwich Spa, Worcestershire WR9 0LR if you wish to exercise this right.
15.9 Data Subjects have a legal right to receive a copy of the information about them if they apply in writing to the address specified above. A fee will be payable.
15.10 By agreeing to these terms and conditions, Data Subjects accept that the Company may use information concerning them in the way described above.