Terms & Conditions

1. Risk

1.1 The goods are at your risk from the time of delivery

1.2 Delivery takes place either; 1.2.1 at our premises (if you are collecting); or 1.2.2 at your premises or address specified by you (if we are arranging carriage).

1.3 You must inspect the goods on delivery. If you do not have time to inspect the goods immediately on delivery then we recommend that the goods are signed for as “unchecked”. If any goods are damaged (or not delivered) you must write (by fax or e mail) to tell us within 24 hours of delivery (or the expected delivery time). You must give us (and any carrier) a fair chance to inspect the damaged goods.

2. Payment Terms

2.1 You are to pay us in cash or otherwise in cleared funds prior to delivery, unless you have an approved credit account.

2.2 If you have an approved credit account, payment is due no later than 30 days from end of the month of invoice unless otherwise agreed in writing.

2.3 If you fail to pay us in full on the due date:

   2.3.1 we may suspend or cancel future deliveries;

   2.3.2 we may cancel any discount offered to you;

   2.3.3 we may ask you to pay us interest at the rate set under s.6 of the late payment of commercial debts (interest) Act 1998

         (a) calculated (on a daily basis) from the date of our invoice until payment

         (b) compounded on the first day of each month; and

         (c) before and after any judgement (unless a court orders otherwise)

   2.3.4 we may claim fixed sum compensation from you under s.5A of that Act to cover our credit control overhead costs; and

   2.3.5 we may recover the cost of taking legal action to make you pay

2.4 If you have an approved credit account, we may withdraw or alter your credit limit without notice.

2.5 You do not have the right to set off any money you may claim from us against anything you may owe us.

2.6 While you owe money to us, we have a lien on any of your property in our possession.

2.7 You are to indemnify us in full and hold us harmless from all expenses and liabilities we may incur (directly or indirectly including financing costs and including legal costs on a full indemnity basis) following any breach by you of any of your obligations under these terms.

3 Title

3.1 Until you pay all debts you may owe us:

   3.1.1 all goods supplied by us remain our property;

   3.1.2 you must store them so that they are clearly identifiable as our property;

   3.1.3 you must include them in your property insurance cover against theft or damage

   3.1.4 you may use those goods and sell them in the ordinary course of your business (if applicable), but not if;

         (a) we revoke that right (by informing you in writing); or

         (b) you become insolvent

3.2 You must inform us (in writing) immediately if you become insolvent.

3.3 If your right to use and sell the goods ends you must allow us to remove the goods.

3.4 We have your permission to enter any premises where the goods may be stored.

3.4.1 at any time to inspect them; and 3.4.2 after your right to use and sell them has ended, to remove them using reasonable force if necessary.

3.5 Despite our retention of title to the goods, we have the right to take legal proceedings to recover the price of the goods supplied should you not pay us by the due date.

4. Warranties

4.1 We warrant that the goods will:

   4.1.1 comply with their description on our order confirmation form; and

   4.1.2 be free from material defect for the period indicated on our web site or 12 months from the date of delivery (as long as you comply with clauses 4.3 and 4.4) whichever is the longer.

4.2 We give no other warranty (and exclude any warranty, term or condition that would otherwise be implied) as to the quality of the goods or their fitness for any purpose.

4.3 You must ensure that;

   4.3.1. the goods are not modified or defectively installed;

   4.3.2 the goods are used and operated in accordance with any instructions that may have been notified to you;

   4.3.3 you have taken reasonable steps to draw to the attention of all persons using or proposing to use the goods, of all information instructions and warnings in respect of the goods supplied.

4.4 If you believe that we have delivered goods which are defective in materials or workmanship, you must;

4.4.1 inform us (in writing) with full details, as soon as possible; and 4.4.2 allow us to investigate (we may need access to your premises and product supplied)

4.5 If the goods are found to be defective in material or workmanship (following our investigations, and you have complied with those conditions ( in clauses 4.3 and 4.4) in full, we will ( at our option) repair or replace the goods

4.6 We are not liable for any other loss or damage (including indirect or consequential loss, financial loss, loss of profits or loss of use) arising from the contract or the supply of goods or their use, even if we are negligent.

4.7 Our total liability to you (from one single cause) for damage to property caused by our negligence is limited to two million pounds.

4.8 For all other liabilities not referred to elsewhere in these terms our liability is limited to damages to the price of the goods,

5 Specification

5.1 We reserve the right to make any changes in the specification of our goods which are necessary to ensure they conform with any applicable safety or other statutory requirements.

5.2 We also reserve the right to make without notice any minor modifications in our specifications we think necessary or desirable.

5.3 Any weights, dimensions, capacities, ratings and general description contained in our catalogues, advertising material are illustrative only and will not form any part of the contract between us.

5.4 You must pass onto any person using or proposing to use the goods any information or instructions supplied by us regarding the use, safehandling or installation of the goods.

5.5 You must observe and adhere to any information, instructions or recommendations regarding the goods and must not use, modify or install the goods in a manner which has not been approved by us.

6 Return, refund & exchange of goods.

We will accept the return of goods from you for refund or exchange only; 6.1 by prior arrangement (confirmed in writing) and; 6.2 payment of an agreed handling charge (unless the goods were defective when delivered); and 6.3 where the goods are as fit for sale on their return as they were on delivery

Please follow the process:

(a) please e mail info@practicalcareproducts.com to request a return and we will assign a tracking number to it

(b) we will advise you of the best method for returning the goods and the charges incurred by you for carriage inspection and repacking

(c) goods should be in original packaging whenever possible and when not please pay particular attention to the packaging of the goods as damaged goods will not be refunded or exchanged. Goods that have been used and / or fitted will not be refunded.

(d) include with the goods a brief letter explaining why the goods are being returned.

7. Waiver and variations

7.1 Any waiver or variation of these terms is binding in honour only unless:

   7.1.1 made (or recorded) in writing;

   7.1.2 signed on behalf of each party; and

   7.1.3 expressly stating an intention to vary these terms.

7.2 All orders that you place with us will be on these terms (or any that we may issue to replace them) By placing an order with us, you are expressly waiving any printed terms you may have to the extent that they are inconsistent with our terms.

8. Force majeure

8.1 If we are unable to perform our obligations to you (or able to perform them only at unreasonable cost) because of circumstances beyond our control, we may cancel or suspend any of our obligations to you, without liability.

8.2 Examples of those circumstances include act of God, accident, explosion, war, terrorism, fire, flood, transport delays, strikes, and other industrial disputes and difficulty in obtaining supplies.

9. General

9.1 English law is applicable to any contract made under these terms. The English and Welsh courts have non-exclusive jurisdiction.

9.2 If you are more than one person, each of you has joint and several obligations under these terms.

9.3 If any of these terms are unenforceable as drafted: 9.3.1 it will not affect the enforceability of any other of these terms; and 9.3.2 if it would be enforceable if amended it will be treated as so amended.

9.4 We may treat you as insolvent if;

   9.4.1 you are unable to pay your debts as they fall due; or

   9.4.2 you (or any item of your property) become the subject of:

         (a) any formal insolvency procedure (examples of which include receivership, liquidation, administration, voluntary arrangements (including a moratorium) or bankruptcy):

         (b) any application or proposal for any formal insolvency procedure; or

         (c) any application, procedure or proposal overseas with similar effect or purpose.

9.5 All brochures, catalogues and other promotional materials are to be treated as illustrative only. Their contents form no part of any contract between us and you should not rely on them in entering into any contract with us.

9.6 Any notice by either of us which is to be served under these terms may be served by leaving it at or by delivering it to (by first class post or by fax) the other’s registered office or principle place of business. All such notices must be signed.

9.7 No contract will create any right enforceable (by virtue of the Contract (Right of Third Parties) Act 1999) by any person not identified as the buyer or seller.

9.8 Nothing in these terms affects or limits our liability for fraudulent misrepresentation.

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