Terms and conditions of sale

Terms and conditions of Movement2 Ltd

Updated December 2005.

Definitions

The Company = Movement 2 Limited.

The Customer = The person or company that has agreed to buy the goods.

Client = The user of the Goods (may be the customer or a third party).

Goods = Equipment , Parts, Service, the items being purchased.

Others = Not Movement 2 Limited.

Application

These Conditions plus any other specific conditions referred to in our quotation are to apply to the exclusion and irrespective of the Customers own conditions. Placing an order, verbally, written or by any other form, indicates the customers acceptance of these conditions.

Payment

All accounts are strictly net. Payment must be made: Account Customers, within 30 days from date of invoice. Private Customers at the time of delivery, installation or completion of service/work.

Queries

Any queries on invoices or delivered Goods must be made in writing to the Company within 3 days of receipt.

Deliveries

Times quoted for delivery in quotations etc are estimates only and the Company shall not be liable for failure to deliver within the time quoted.

If delivery is held up by the Customer the Company has the right to charge for the Goods less any installation or delivery element and it is the Customers responsibility to pay invoices within the stipulated terms.

Sale or Return

Goods supplied on a Sale or Return/Trial basis will be invoiced on delivery and then credited if the Goods are returned in a saleable condition, less a 15% handling charge plus any delivery/collection charges.

Minimum Order Charge

The Company will levy a charge of £10 on any order under the value of £25.

Prices

Prices are in £’s Sterling, exclusive of VAT and are those ruling at the time of delivery. VAT will be charged at the relevant rate. A VAT exemption certificate, to be completed by the customer, will be provided where applicable.

Quotation prices are valid for 60 Days from date of quotation unless they are given as a special offer or otherwise specified in quotation.

Specification

The Company reserves the right to make any alterations in the design or specification of any product without the prior knowledge of the customer and also reserves the right to deliver Goods conforming to the altered designs or specification in fulfillment of an order.

The Company reserves the right to withdraw any product from its range without prior notice.

Transfer of Property

Legal title to the goods will remain with the Company until such time as the Company has received full payment of all debts owed to the Company by the Customer, including any balances existing, without reduction unless previously agreed in writing with the Company.

Upon delivery all risks for the Goods will be the responsibility of the Customer.

The Company reserves the right to retrieve Goods not paid for in full. Free access must be provided by the Customer to their property or any third party property, to allow retrieval of Goods.

Customer Accounts

First orders may be dealt with on a Pro Forma basis. New Customers may be required to provide trading references and a Bank reference. Credit facilities are given at the discretion of the Company. Failure to adhere to the Company’s Terms and Conditions may lead to the withdrawal of credit facilities.

The Company reserves the right to refuse or cease to supply any Customer without prior notice.

The Company reserves the right for its appointed debt collection agency to pursue outstanding accounts. Any fees/charges incurred will be added to outstanding accounts.

Deposits and Cancellations

Deposits may be required, as stipulated on quotation. These are fully reimbursable in event of cancellation by either party less any actual costs incurred by the Company. Sales and administration costs will not be charged.

The Company will not accept cancellation on orders that are of special manufacture, dependent on progress of manufacture.

The Company will not accept back for credit any items that are of specific manufacture or items that due to clinical or hygienic conditions cannot be resold.

Guarantee

The period of guarantee is as stated in the quotation. The guarantee applies to defects in Goods or Workmanship.

The Guarantee will not apply when:

Goods have been altered, repaired/serviced in any way by the customer, client or others.

The goods have not been used/maintained in accordance with the operating instructions.

If the Goods have been damaged or switched off.

If there is a deficit in the Customer’s account, until that account has been paid.

Any parts/goods changed free of charge under the guarantee will be guaranteed for the unexpired portion of the guarantee period.

The Company will not be liable for any costs incurred by or inconvenience to the Customer/Client in event of the Goods being unusable due to defects, non function or any other reason.

Service

Unless stated in quotation servicing of Goods, both within and after warranty is not included.

Customer Responsibilities

Compatibility between products is not the Company’s responsibility unless stated in writing.

Product suitability to meet clinical needs is the Customers responsibility.

Associated Trades (Building Work/Plumbing/Electrical Work)

Quotations are based on visual inspection only.

Any additional work found to be necessary once work has commenced to allow compliance with building/electrical/Corgi regulations or to overcome malfunction or defects on site, will be charged as extra.

Disposal

The Company reserves the right to charge for the disposal of electrical or other equipment that might be required by law.

Law

These conditions are governed by and construed in accordance with English Law and the Courts of England.

Nothing in these conditions is intended, or will affect a Customers statutory rights under the Sale of Goods Act 1979 or the Unfair Contract Terms Act 1977.