1. Formation of a Contract
1.1 Acknowledgment and acceptance of an order by you may be made by either a telephone, a written purchase order, email or purchase via our website.
1.2 Any order, or request for services to be carried out, shall be accepted entirely at our discretion and shall constitute a legally binding contract between us and you and such contract is hereafter referred to in these terms and conditions as “an order”.
1.3 These conditions shall override any contrary, different or additional terms and conditions contained or referred to in any quotations, estimates, prior order forms or other documents from us. No addition, alteration, substitution or waiver of these terms and conditions will be valid unless expressly accepted in writing by us or a person authorised to sign on our behalf.
1.4 Nothing in these terms and conditions shall prejudice any condition or warranty expressed or implied, or any legal remedy to which we may be entitled in relation to the goods / and or the work the subject of this order.
2. Product Pricing and Title
2.1 We make every effort to ensure that the pricing displayed in this catalogue is correct. However, if an error in the pricing of a product is found we reserve the right to either cancel your order or contact you to arrange payment of any extra sum due or refund any over-payment made by you (as applicable). The processing of an order can be cancelled or corrected by us at anytime up to the shipment of that order and any related items.
2.2 We reserve the right to alter all product pricing without notice.
2.3 Title in any products ordered from us does not pass to you, the purchaser until we have received and processed a valid payment, and that payment has been made into our own bank account and your order has been shipped.
3.1 You will be deemed to have accepted all goods upon their delivery by us to the address specified in the order.
3.2 We must be informed in writing within 7 days of acceptance of the order of any changes, alterations, reductions or cancellations. We reserve the right to retain any deposits or charge in full for any goods supplied or fabricated where cancellation is not made within the period specified.
3.3 In the event of an order being cancelled, carriage charges are non-refundable.
3.4 In the event of an order being cancelled, the customer is responsible for return crriage to Multicare.
3.5 We reserve the right to charge a re-stocking charge. This will be no more than 15% of the value of the goods, exclusive of VAT.
4. Delivery and Risk
4.1 Unless otherwise stated in the order, the price quoted includes delivery to the address specified in the order.
4.2 Whereas we will try to ensure compliance with any delivery times and dates given, such times and dates are an estimate only. We will not be responsible for any loss whatsoever arising from or consequential upon delay in delivery.
4.3 Risk in the goods shall pass to you upon delivery.
5. Title and Payment
5.1 We warrant that we have good title to the goods and will transfer such title as we have in the goods to you pursuant to paragraph 5.3 below.
5.2 Unless otherwise stated in the order, payment of the price of the goods comprised in each order shall become due 30 days from date of invoice.
5.3 We will charge daily interest on late payment of the amounts due, at a rate of 4% per annum above the then base lending rate at Bank of England from the date the payment was due until actual date of payment.
5.4 In addition we will levy a ‘Late Payment Compensation Charge’ as set out in ‘The Late Payments of Commercial Debts (Interest) Act 1998, as amended and supplemented by the Late Payments of Commercial Debts Regulations 2002’.
The charges are as follows:
Amount of the debt – Late Payment Compensation Charge
Up to £999.99 – £40
£1,000 – £9,999.99 – £70
£10,000 or more – £100
5.4 Title to the goods comprised in the order shall not pass to you until you have paid the full price, although we reserve the right to sue for the price once payment becomes due notwithstanding that title may not have passed.
6.1 If the rate of value added tax (VAT) increases between the date of your order and the date of delivery we will add the necessary additional amount of value added tax to the price of the goods.
6.2 If the price of the goods increases for any other reason between the date of your order and the date of delivery we will notify you of this and give you the choice of accepting the price increase or cancelling the order in which case any deposit paid by you will be refunded in full.
7. Damage in Transit
We will replace free of charge any goods proved to our satisfaction to have been damaged in transit provided that such damage is notified to us or the carriers in writing within 48 hours.
8. Force Majeure
8.1 We shall not be liable for delay or failure to perform any of our obligations under this order if the delay or failure is caused by any circumstances beyond our reasonable control.
8.2 For the purposes of this condition, “force majeure” shall include, but not be limited to acts of God, war, terrorism, civil disorder, industrial dispute, fire or explosions.
8.3 Upon the happening of a “force majeure” event we shall be entitled to a reasonable extension of time for the performance of our obligations.
9.1 Product warranties are indicated by icons in our catalogue. Warranties are for parts only, and we reserve the right to charge labour.
9.2 We reserve the right to withhold warranty parts and work if, in our judgement, the product has been subjected to abuse, or usage outside the defined scope of the equipment.
10.1 We do not exclude liability for death or personal injury, however we shall not be liable for any direct loss or damage suffered by you howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise in excess of £20,000.00
10.2 We shall not under any circumstances be liable for any indirect or consequential loss howsoever caused whether by negligence, breach of contract, misrepresentation or otherwise.
10.3 We or our insurers shall not be liable or investigate any claim for loss unless you have given written notice to us within 21 days of its occurrence and given us or our insurers every facility to investigate such occurrence.
11. Your Order
11.1 When you place an order you may receive a confirmation email from us to confirm your order. Your order constitutes an offer made to us to purchase the goods specified in the order.
11.2 We reserve the right to delay or refuse orders where a transaction contains incomplete details or details that cannot be verified or where fraud is suspected.
11.2 If we are unable to reasonably ascertain these details or resolve these issues a full refund will be made against the card used at the time of purchase. No other form of refund or credit will be offered nor will a refund be made to any third party card or account.
We aim to provide a high level of service. If you do have an enquiry or complaint regarding the goods provided by us please address them to:
The Quality Manager
Multicare Medical Ltd
Brookside HouseBurnsall Road
If any part of these terms and conditions are found to be unlawful it shall not affect the validity or enforceability of the remaining clauses. These terms and conditions shall be construed in accordance with the laws of England and shall be subject to the exclusive jurisdiction of the English courts.