Terms & Conditions
1. Sale & Supply
All orders are supplied subject to these terms and conditions. Burlington Healthcare Supplies Ltd reserves the right to amend these terms and conditions, the credit facilities described in them and prices at any time unless otherwise agreed in writing. Burlington Healthcare Supplies Ltd will notify the Customer in writing of any amendments to these terms and conditions. By signing the goods delivery note, the Customer is accepting these terms and conditions.
2. Limitation of liability: THE CUSTOMER’S ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE
Nothing in these terms shall limit or exclude the liability of Burlington Healthcare Supplies Ltd for personal injury caused by its negligence, or fraud, or any other liability which cannot be excluded or limited under applicable law.
Subject to this, Burlington Healthcare Supplies Ltd shall not be liable to the Customer, whether in contract, (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any agreement to which these terms relate. The total liability of Burlington Healthcare Supplies to the Customer in respect of all other losses arising under or in connection with any agreement to which these terms relate, whether in contract,(including negligence), breach of statutory duty, or otherwise, shall not exceed the total amount paid by the Customer to Burlington Healthcare Supplies Ltd under the relevant agreement .Except as set out in these terms, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded.
All prices are exclusive of VAT. VAT at the current rate will be added to all goods delivered to a UK address. In the event that the Customer is a charity entitled to relief on VAT, it must provide evidence to Burlington Healthcare supplies Ltd that it has charitable status and a written eligibility declaration or certificate confirming that the conditions for the relief have been met. VAT will also be added to orders for delivery to other countries within the European Community unless the customer’s VAT registration number is quoted when ordering.
4. Minimum Initial Order
The minimum initial order value is £50.00
UK Mainland – Burlington Healthcare Supplies Ltd offers free carriage within our current company van delivery areas, subject to a minimum order value of £50.00. Details of our van delivery areas and standard delivery day for each location are available on request. Additional costs may be incurred on orders below £50.00 out of the delivery area.
6. Retention of Ownership
Ownership of the goods shall not pass to the Customer until Burlington Healthcare Supplies Ltd has received full payment for all goods supplied. Notwithstanding this, all goods supplied are at the Customer’s risk once delivered. A Customer’s right to possession of the goods shall cease in the event of the failure of their business (including, but not limited to, Liquidation, Receivership, Administration and Creditors’ Voluntary Arrangement) before full payment has been received. To this end the Customer grants to Burlington Healthcare Supplies Ltd and its agents, in the event of such business failure, an irrevocable license to enter the Customer’s premises for the purpose of recovering Burlington Healthcare Supplies Ltd’s property. In the event of enforcement of this clause, goods identifiable as corresponding to those supplied under unpaid or partly paid invoices shall be deemed to be the property of Burlington Healthcare Supplies Ltd, whether or not similar goods have been supplied under other paid invoices.
7. Credit Account Terms
Credit accounts have a 30 day payment period from date of invoice unless otherwise agreed in writing by a Director of Burlington Healthcare Supplies Ltd. Terms applying to high value orders vary and may require a deposit to be paid, full payment with order or full payment on delivery of goods, at the sole discretion of Burlington Healthcare Supplies Ltd. Burlington Healthcare Supplies Ltd will notify the Customer of any such variation to the standard 30 day credit terms at the time the order is placed. Price queries must be notified by the Customer to Burlington Healthcare Supplies Ltd within 3 days of receipt of the invoice
8. Late Payment
Burlington Healthcare Supplies Ltd will diligently pursue overdue accounts for customers who, as a matter of course, delay payment. If our final statement is ignored, legal proceedings may be commenced without any further notice. Where legal action is undertaken, defendants will become liable for Burlington Healthcare Supplies Ltd’s legal costs as well as statutory interest. If the Customer fails to pay any amount payable by it, Burlington Healthcare Supplies Ltd may charge the Customer interest on the overdue amount (payable by the Customer immediately on demand) from the due date up to the date of actual payment.
Missing, damaged or faulty goods must be notified to Burlington Healthcare Supplies Ltd within 24 hours of receipt of the goods and damaged or faulty goods must be returned/arranged collection to Burlington Healthcare Supplies Ltd within 7 working days.
By signing the good delivery note, the Customer accepts this condition. Failure to notify Burlington Healthcare Supplies Ltd as stated above may result in Burlington Healthcare Supplies Ltd rejecting the returned goods. Goods returned for credit, for reasons other than damaged or faulty, must be returned within 30 days of receipt. The Customer must obtain prior authorisation before returning them otherwise Burlington Healthcare Supplies Ltd may not accept them for credit. Such goods may be liable to a handling charge if not returned in the original packaging. Special order items are non-refundable and cannot be exchanged.
10. Delivery Failure
Goods dispatched to UK Mainland addresses, outside Burlington Healthcare Supplies Ltd’s van delivery areas, are sent via courier. Non-arrival of goods should be notified to Burlington Healthcare Supplies Ltd within three working days of the anticipated delivery date.
11. New Credit Accounts
Credit accounts may be opened only where the initial order is £50.00 or above. In applying to open a credit account with Burlington Healthcare Supplies Ltd if the business is new or has recently been taken over from a previous owner then we will supply the first five orders on a pro forma basis. Burlington Healthcare Supplies Ltd accepts payment by cheque (requires 5 working days to clear), debit/credit card or a direct bank transfer. For the avoidance of doubt, the decision whether or not to offer a credit account to a Customer is entirely at the discretion of Burlington Healthcare Supplies Ltd.
12. Nature of Goods
Burlington Healthcare Supplies Ltd reserves the right to source products from alternative suppliers when necessary which means that the product supplied may not be identical to the description of such product in the price list. Burlington Healthcare Supplies Ltd also reserves the right to change or amend colours, dimensions and specifications without prior notice. Burlington Healthcare Supplies Ltd may also modify any quoted prices without prior notice unless otherwise agreed in writing.
13. Force Majeure (unavoidable accident)
Neither party shall be liable for any delay or failure in performing its obligations or duties under any agreement for the supply of Goods and/or Services to which these terms relate which results from circumstances outside his reasonable control including but not limited to acts of God, industrial action, war, fire, threat of terrorism, civil disturbance or rioting, government or regulatory action, breakdown in plant or machinery or shortage of raw materials or supplies.
14. Warranty of Contractual Capacity
Both parties warrant that they are authorised and permitted to enter into any agreement for the supply of Goods and/or Services to which these terms relate, and have obtained all necessary permissions and approvals.
Products not serviced by Burlington Healthcare Supplies, including equipment subject to six monthly recommended servicing – or failure to follow manufacturers’ instructions when building equipment or furniture may invalidate the warranty.
These terms and conditions (together with any agreement for the supply of the Goods and/or Services to which these terms relate) constitute the entire agreement between the parties in relation to their subject matter. They supersede any prior representations which may have been made, whether orally or in writing. These terms and conditions may not be varied by the Customer except with written agreement of Burlington Healthcare Supplies Ltd.
16. Data Protection & Confidentiality
The customer warrants that it is and will at all times remain fully registered as a Data Controller within the meaning of the Data Protection Act 1998 and will ensure at all times that it complies with the effects of and the processes under the Act when dealing with personal data including but not limited to personal data of any third party.
The customer shall not disclose to any the pricing policy or structure employed by the company and in particular shall not disclose any information relating to any discount or promotional offer by the company without having obtained prior written approval from the Company. Breach of this clause shall entitle the Company to damages equivalent to the discount received by the customer during the course of trading
17. Governing Law
These terms and conditions (together with the agreement for the supply of the Goods and/or Services described on the front of these terms) shall be governed by English law and the parties agree to the exclusive jurisdiction of the English courts.