24 hour emergency Telecare and Careline equipment

 

GOODS AND SERVICES AGREEMENT

 

The customer’s attention is drawn in particular to the provisions of clause 8.

1. INTERPRETATION

1.1 The definitions in this clause apply in the terms and conditions set out in this document:

“Force Majeure Event”

shall have the meaning given in clause 9;

“Goods”

means the products that we are selling to you as set out in the Order;

“Order”

means an order form sent by you to us requesting the Goods;

“Order Confirmation”

shall have the meaning set out in clause 2.5;

“Services”

means the monitoring services to be provided by us to you from the date of supply of the Goods;

“Terms”

means the terms and conditions set out in this document;

“we”, “us”

means Careline Alarms Ltd

“working days”

does not include Saturdays, Sundays or bank holidays;

“writing” or “written”

includes faxes and email;

“you”

means the person who buys or has agreed to buy the Goods.

1.2 Headings do not affect the interpretation of these terms.

 

2. BASIS OF SALE

2.1            We consider that these Terms and the Order set out the whole agreement between you and us for the sale of the Goods and Services. Please check that the details in the Terms or on the Order are complete and accurate before you commit yourself to the contract. If you think there is a mistake or omission in these documents, please contact us immediately. Any changes to the specification of the goods or other variation to the Terms or Order that you agree with our authorised employees and agents will be only be binding if recorded in writing. We only accept responsibility for statements and representations by our authorised employees and agents that are made in writing. Please ensure that you read and understand these Terms before you sign the Order, because you will be bound by them once a contract comes into existence between us in accordance with clause 2.5.

2.2            Any samples, drawings, or advertising we issue, and any illustrations contained in our catalogues or brochures, are of a general informative nature and are produced solely to provide you with an approximate idea of the Goods they describe.

2.3            If any of these Terms are inconsistent with any term of the Order, the Order shall prevail.

2.4            The Order is an offer by you to enter into a binding contract, which we are free to accept or decline at our absolute discretion.

2.5            These Terms shall become binding on you and us when we issue you with written confirmation of your Order (“Order Confirmation”) at which point a contract shall come into existence between us.

2.6            Any quotation for the Goods and Services is given on the basis that a binding contract shall only come into existence in accordance with clause 2.5.

2.7            We shall assign an order number to the Order and inform you of it in the Order Confirmation. Please quote the order number in all subsequent correspondence with us relating to the Order.

2.8            We have the right to revise and amend these Terms from time to time to reflect changes in market

conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities. You will be subject to the policies and terms in force at the time that you order the Goods from us, unless any change to those policies or these Terms is required by law or government or regulatory authority (in which case, it will apply to orders you have previously placed that we have not yet fulfilled).

3. THE GOODS AND SERVICES

3.1            We warrant that on delivery, and for a period of 2 years from the date of delivery, the Goods shall:

3.1.1         Conform in all material respects with the manufacturer’s specification;

3.1.2         be of satisfactory quality;

3.1.3         be fit for any purpose we say the Goods are fit for;

3.1.4         be free from material defects in design, material and workmanship; and

3.1.5         Comply with all applicable statutory and regulatory requirements for selling the Goods in the United Kingdom.

3.2            Unless we are prevented from doing so by a Force Majeure Event, we will provide Services which:

3.2.1         Conform in all material respects with their description; and

3.2.2         Are carried out with reasonable care and skill.

3.3            This warranty is in addition to your legal rights in relation to Goods which are faulty, Services which are not carried out with reasonable care and skill or which otherwise do not conform with these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or trading standards office.

3.4            This warranty does not apply to any damage to the Goods arising from fair wear and tear, willful

damage, accident, negligence by you or any third party, if you use the Goods in a way that we do not recommend, your failure to follow our instructions, or any alteration or repair you carry out without our prior written approval.

3.5            We will take reasonable steps to pack the Goods properly and to ensure that you receive your order in good condition.

3.6            These Terms apply to any repaired or replacement Goods we supply to you in the unlikely event that the original Goods are faulty or do not otherwise conform with these Terms.

3.7            We only supply the Services for domestic and private use, and you agree not to use the Services for any commercial purpose.

3.8.1  Monitoring will be provided for by a monitoring station that is a member and comply to the telecare services association (TSA)  code of practice. Details can be found at www.telecare.org.uk.

3.8.2  Any monitoring will only be in place if you have requested to be connected to the monitoring. You risk being discounted from the monitoring station if payments are not kept up to date.

4. DELIVERY AND INSTALLATION

4.1            We aim to deliver the Goods to you within 5 working days of receipt of your the Order.

4.2            Delivery of the Order shall be completed when we deliver the Goods to you.

4.3            Goods will be delivered via a courier service within 24 hours of dispatch from our warehouse. We will take reasonable steps to meet the delivery date set out on the Order or as otherwise agreed between us. However, occasionally delivery may be affected by factors beyond our control and so cannot be guaranteed. We will let you know if we become aware of an unexpected delay and will arrange a new delivery date with you.

4.4            If we are not able to deliver the whole of the Order at one time due to operational reasons or shortage of stock, we will deliver the order in installments. We will not charge you extra delivery costs for this. If you ask us to deliver the Order in installments, we may charge you extra delivery costs. Each installment shall constitute a separate contract. If we are late delivering an installment or one installment is faulty, that will not entitle you to cancel any other installment.

4.5            Installation (if purchased) will be scheduled once confirmation of delivery has been received from our courier. You will then be contacted by one of our partners to arrange a convenient installation date. In the event that we are unable to carry out the installation on the arranged date because you are unavailable or the property is not ready in accordance with the minimum requirements set out in clause 4.6 for the installation to be carried out, we may charge you additional costs to carry out the Installation on another date.

4.6            The minimum requirements for installation are:

4.6.1         a power socket must be freely available within 10 feet of a suitable telephone socket to a BT analogue telephone line; power or telephone leads should not be installed across doorways or corridors as these will represent a trip hazard;

4.6.2         (where broadband is in use within the property) broadband filters must be installed in each telephone socket within the property; and

4.6.3         (in the case of a key safe) a solid brick wall (not rendered) to which the key safe can be fitted must be available.

5. DEFECTIVE GOODS AND RETURNS

5.1            In case of loss or damage to the Goods in transit from our warehouse to you, please let us know within 2 business days after delivery. In the unlikely event that the Goods do not otherwise conform with these Terms, please let us know as soon as possible after delivery. We will ask you to return the Goods to us at our cost and once we have checked that the Goods are faulty, we will:

5.1.1         provide you with a full or partial refund within 30 days;

5.1.2         replace the Goods; or

5.1.3         repair the Goods.

5.2            These Terms will apply to any repaired or replacement Goods we supply to you.

6. PRICE AND PAYMENT

6.1            The price of the Goods will be as set out in the Order. Prices are liable to change at any time, but price changes will not affect Orders that we have confirmed in writing.

6.2            These prices include VAT. However, if the rate of VAT changes between the date of the Order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Goods and Services in full before the change in the rate of VAT takes effect.

6.3            It is always possible that, despite our best efforts, some of the Goods or Services we sell may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that, where the correct price of the Goods or Services is less than our stated price, we will charge the lower amount when dispatching the Goods to you. If the correct price of the Goods or Services is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Goods, or reject the Order and tell you. If the pricing error is obvious and unmistakable and could have reasonably been recognised by you as an error, we do not have to provide the Goods or Services to you at the incorrect (lower) price.

6.4            Payment for all Goods must be made in advance by credit or debit card. We accept payment with

Visa, Delta, Visa Electron, MasterCard, Eurocard and UK based Maestro and Solo. [We will not charge your debit or credit card until we dispatch your order.]

[We may invoice you for the Goods and Services on or at any time after we have delivered the Goods to you. The invoice will quote the Order Number. You must pay the invoice in cleared monies within 30 calendar days of the date of the invoice by personal cheque, credit or debit card, or standing order to a bank account nominated by us.]

6.5            Annual monitoring will be invoiced at the beginning of each due period and will charged at the agreed rate. Careline Alarms Ltd reserve the right to increase the monitoring charges on the anniversary of the Commencement Date by the higher of 3% or the percentage increase in the Consumer Prices Index over the preceding twelve month period.

6.6            Without limiting any other remedies or rights that we may have, if you do not pay us on time, we may cancel or suspend any other outstanding Order until you have paid the outstanding amounts.

7. CANCELATION POLICY

7.1            You are entitled to cancel the order and return the Goods within seven working days from receipt for a full refund, excluding the cost of delivery and any installation work that has been carried out. Do this by contacting us by email or telephone and quoting the order number supplied to you. Your refund will be paid within 30 days from us receiving the returned Goods.

7.2            You are responsible for the cost and risk of loss and damage when returning the Goods, so you should take out enough postal insurance to cover this value.

7.3            Any returned Goods should reach us in a saleable condition with all parts included and in the original packaging.

7.4            This clause 7 does not affect your rights in respect of any faulty Goods – please see clause 5.

8. LIMITATION OF LIABILITY

8.1            Subject to clause 8.3 and clause 8.2, if either of us fails to comply with these Terms, neither of us shall be responsible for any losses that the other suffers as a result, except for those losses which are a foreseeable consequence of the failure to comply with these Terms.

8.2            Subject to clause 8.3, neither of us shall be responsible for losses that result from our failure to comply with these Terms which fall into the following categories:

8.2.1         Loss of income or revenue;

8.2.2         Loss of profit;

8.2.3         Loss of business;

8.2.4         Loss of anticipated savings;

8.2.5         Loss of data; or

8.2.6         Any waste of time.

8.3            Nothing in this agreement excludes or limits in any way our liability for:

8.3.1         Death or personal injury caused by our negligence;

8.3.2         Fraud or fraudulent misrepresentation;

8.3.3         any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of   Goods and Services Act 1982 (i.e. that we are free to sell the Goods);

8.3.4         Defective products under the Consumer Protection Act 1987; or

8.3.5         Any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.

9. EVENTS OUTSIDE OUR CONTROL

9.1            We will not be liable or responsible for any failure to perform, or delay in performance of, any of our

Obligations under these Terms that is caused by events outside our reasonable control (“Force Majeure Event”).

9.2            A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes, in particular (without limitation), the following:

9.2.1         strikes, lock-outs or other industrial action;

9.2.2         Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;

9.2.3         Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;

9.2.4         Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;

9.2.5         Impossibility of the use of public or private telecommunications networks; or

9.2.6         Pandemic or epidemic.

9.3            Our obligations under these Terms are suspended for the period that the Force Majeure Event continues, and we  will have an extension of time to perform these obligations for the duration of that

Period. We will take reasonable steps to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Terms can be performed despite the Force Majeure Event.

10. TERMINATION

10.1          Subject to clause 10.3, either of us may terminate the arrangement between us at any time by providing the other party with three months’ prior notice in writing

10.2          Termination will not affect either party’s outstanding rights or duties, including our right to recover from you any money you owe us under these Terms.

10.3          This contract:

10.3.1      (Where the Goods have been purchased by you outright) shall continue until either party terminates this contract by providing the other party with three months’ prior notice in writing;

or

10.3.2      (where the Goods have been rented by you) shall be subject to a minimum term of 12 months and shall continue thereafter until either party terminates this contract by providing the other party with one month’s prior notice in writing.

11. ASSIGNMENT

You may not transfer any of your rights or obligations under these Terms to another person without our prior written consent, which we will not withhold unreasonably. We can transfer all or any of our rights and obligations under these Terms to another organization, but this will not affect your rights under these Terms.

12. NOTICES

All notices sent by you to us must be sent to Careline Alarms Ltd 12A Digby Drive Melton Mowbray Leicestershire LE13 0RQ. We may give notice to you at either the email or postal address you provide to us in the Order. Notice will be deemed received and properly served 24 hours after an email is sent or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that the letter was properly addressed, stamped and placed in the post and, in the case of an email that the email was sent to the specified email address of the addressee.

13. GENERAL

13.1          If any court or competent authority decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.

13.2          If we fail, at any time while these Terms are in force, to insist that you perform any of your obligations under these Terms, or if we do not exercise any of our rights or remedies under these Terms, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations. If we do waive a default by you that will not mean that we will automatically waive any subsequent default by you. No waiver by us of any of these Terms shall be effective unless we expressly say that it is a waiver and we tell you so in writing.

13.3          A person who is not party to these Terms shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.

13.4          These Terms shall be governed by English law and we both agree to the non-exclusive jurisdiction of the English courts.

 

Careline Alarms Ltd 12A Digby Drive Melton Mowbray Leicestershire LE13 0RQ

 

The services described in this publication are subject to availability and may be modified from time to time. Services and equipment are provided subject to Careline Alarms Ltd respective standard conditions of contract.

 

Registered Office: Careline Alarms Ltd 12a Digby Drive Melton Mowbray Leicestershire LE13 0RQ

Need advice? Give us a call 01664 668020