Terms & Conditions

BACKGROUND: These Terms and Conditions govern the supply of goods sold by Ambucare Mobility and Nurs-ing Equipment (Ambucare) and the access of our web presence. This constitutes the entire and only agreement be-tween us in relation thereto. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your use of any one of our Websites or the placement of an enquiry by on or offline means.

DEFINITIONS AND INTERPRETATION
In this Agreement the following terms shall have the following meanings:

"Content" means any text, graphics, images, audio, video, software, data compilations and any other form of infor-mation capable of being stored in a computer that appears on or forms part of this Website;
“Us” and "Ambucare" means Ambucare Mobility and Nursing Equipment
"Service" means collectively any online facilities, tools, products services or information that Ambucare makes available through the Website or other means either now or in the future;
“Web presence” means any worldwideweb content which we directly publish and control;
"Premises" Means our place(s) of business located at Ambucare, Unit 2, Romford Road, Astonfields Industrial Es-tate, Stafford, ST16 3DZ
"System" means any online communications infrastructure that Ambucare makes available through the Website ei-ther now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
“You” and "User" / "Users" means any third party that accesses our web presence and is not employed by Ambucare and acting in the course of their employment;
"Website" means any website owned and operated by us including (but not limited to) Ambucare and any sub-domains of these sites unless expressly excluded by their own terms and conditions.

1) ACCEPTANCE OF ORDERS
Unless otherwise stated in writing by ourselves, orders are only accepted on the following terms and conditions. Where these terms and conditions are contrary to any stipulations of the buyer's terms and conditions, the following are deemed to have been accepted by the buyer and take precedence.

Price lists, brochures and quotations, whether verbal or in writing, are not offers and are subject to our written con-firmation on receipt of the buyer's order. No contract shall be concluded until such written confirmation is given or we commence work on the order.

2) PRICING AND PAYMENT

3) CLAUSES SPECIFIC TO WEBSITE ORDERS
3.1) The price payable for the goods you order is as set out on our web site at the time you place your order and in-cludes VAT at the prevailing rate. 3.2) We reserve the right to change the price of goods, but we will confirm the prevailing price with you before ac-cepting your order. We are not obliged to accept your order for such goods and may decline it or limit the order quantity. 3.3) Occasionally an error may occur with our web site and goods may be incorrectly priced in which circumstances we will not be obliged to supply the goods at the incorrect price. 3.4) If you do not have a trade account with us, all orders will need to be paid for in full prior to despatch either by using our online credit card transaction facility, or calling with your credit card details, or by cheque made payable to “Ambucare Mobility and Nursing Equipment” and sent to: Ambucare, Unit 2, Romford Road, Astonfields Industrial Estate, Stafford ST16 3DZ
3.5) Please Note: Cheques must be cleared before dispatch can commence. If you would prefer to advise your credit card details for a purchase by phone, you can do so on: 01785 225900.
3.6) While we endeavour to hold sufficient stock to meet all orders, if we have insufficient stock to supply or deliver the goods ordered and paid for by you, we may, at our discretion, supply or deliver a substituted product or refund you the price paid for such goods as soon as possible and in any case within 21 days. We will advise of any stock delays via email.
4) CLAUSES SPECIFIC TO TRADE SALES
4.1) All prices are ex our works and subject to a reasonable additional charge for packing and carriage. Prices are subject to the addition of Value Added Tax (where applicable) at the rate ruling at date of supply. We reserve the right to amend prices without prior notice to cover any increases in the cost of materials, services or labour or in taxation or duty which we may incur between confirmation and delivery of the order.
4.2) Unless credit terms have been agreed, payment is to be made in full, without deduction by way of set-off or counterclaim, at the time of placing the order. Where credit terms are agreed, monthly accounts must be settled with-in the first fourteen days of the month following the month in which the statement of account is dated, without de-duction by way of set-off or counterclaim. In the event that we incur any additional costs or expenses in recovering overdue sums we reserve the right either to add those costs to the sums due and recover them as part of the debt or to treat them as damages, at our option. We reserve the right to charge interest on overdue amounts at a rate of 3% per annum over the base rate, compounded monthly, from the fifteenth day of the month following the month of the account.
4.3) Payments of accounts should be made to our registered office and works, namely Ambucare, Unit 2, Romford Road, Astonfields Industrial Estate, Stafford, ST16 3DZ, and any cheques should be made payable to Ambucare Mobility and Nursing Equipment, unless we instruct otherwise in writing.


5) DELIVERY/RECOVERY
5.1) All timing advised for delivery are estimates only and we reserve the right to despatch orders in installments and recover payment for each installment delivered as if it were a separate order. In the case of despatch of goods by installments, the buyer will not be entitled to treat the delivery of faulty goods in any one installment, or the late delivery of any one installment, as a repudiation of the whole contract. Without prejudice to the second sentence of clause 7 above, if on delivery there is a variation in quantity by up to 5% of the numbers ordered, it is agreed that such a variation shall be so slight as to make it unreasonable for the buyer to reject the delivery.
5.2) If the buyer fails to collect or give delivery instructions or take delivery within fourteen days of it being notified the goods are ready for collection or despatch we shall (without prejudice to any other rights or remedies available to us) be entitled (but not bound) to store the goods at any available place at the buyer's expense and such expense be added to the price of the goods.
5.3) The risk of loss or damage to the goods or caused by the goods passes to the buyer upon delivery to the carrier or leaving our premises (whichever is the sooner) but title in the goods remains vested in us and shall only pass from us to the buyer upon full payment being made by the buyer of all sums due on whatsoever account or grounds to us by the buyer. In the event of the goods being sold by the buyer in such manner as to pass to a third party a valid title to the goods, whilst any such sums remain due as aforesaid, the buyer shall be the trustee for us of the proceeds of such sale or to the claim for such proceeds and the buyer shall place such proceeds in a separate account. Nothing herein shall constitute the buyer our agent for the purpose of any sub-sale.
5.4) The buyer agrees that prior to the payment of all sums due to us on any account we may at any time enter upon the buyer's premises and remove the goods therefrom and that prior to such payment the buyer shall keep such goods separate and identifiable for this purpose. Once removed, we may sell the goods to recover all sums due to us and we will return any balance to the buyer but we may pursue the buyer for any shortfall as if it were a debt or as damages, at our option.
5.5) In the event of the goods becoming constituents of or being converted into other products whilst sums are due as provided in sub-condition (a) hereof, we shall have the ownership of and title to such reasonable proportion of the other products as if they were the goods; and accordingly sub-conditions (a) and (b) hereof shall, so far as appropri-ate, apply to such other products, subject to the buyer's right to the surplus of any monies realised by the said goods over those due to us as provided herein.
5.6) In the event of the goods, or any products they become commingled with, being attached to any land, the buyer acknowledges that they shall not thereby become fixtures and fittings and that they may be removed.


6) NON-DELIVERY OR DAMAGE
The buyer should advise us and the carrier, in writing as follows:
6.1) within seven days of the buyer's receipt of our invoice if the goods have not been delivered;
6.2) immediately in the event of any deficiency of or damage to the goods which was evident (or would have been had the buyer inspected the goods) upon delivery, and in the case of the carrier by noting such deficiency or damage on the consignment note; and
6.3) within two weeks of arrival of the goods in the event of any other deficiency or damage
6.4) In each case giving full details of the loss, deficiency or damage, failing which we will not be liable for any loss, deficiency or damage to the goods during transit.
6.5) Failure to make due payment in respect of deliveries or installments under this or any other contract between the buyer and us shall entitle us to delay, suspend or cancel any and all deliveries in whole or in part at our option. We draw your attention to section 5, above.


7. DEFECTS, QUALITY AND WARRANTY
7.1) All items sold by us are warranted against faulty materials or manufacture for a period of 1 year from the date of Invoice. Please return any faulty items to us for assessment and correction. Please note that we reserve the right to repair any faulty goods or replace them at our discretion. We draw your attention to the specific clauses in sections 7.3 to 7.6.4.
7.2) All dimensions quoted are approximate and may vary by up to 3% more or less. When goods are specially made to the buyer's order the buyer must accept and pay for any variation of up to 10% more or less in quantity. All col-ours, tolerances, materials and the like seen by the buyer in catalogues, descriptions or other samples are deemed to be approximate only and unless otherwise agreed we may make reasonable variations in manufacturing the goods.
7.3) PLEASE NOTE- THIS CLAUSE IS IMPORTANT.
This clause defines the buyer's rights in respect of defects in the goods, without prejudice to clause 6 above. The buyer is advised to read this clause carefully. The provisions of this clause do not affect the statutory rights of the buyer.
7.4) The buyer shall examine the goods within two weeks of delivery and immediately inform us of any defects. The buyer shall in any event inform us immediately on discovery of any defects at any other time and is responsible for ensuring that any of its customers informs us immediately on discovery of any defects.
7.5) We will make good, by repair or replacement at our option, any defects due to defective workmanship or mate-rials which are notified to us: in the case of any defect discoverable upon reasonable examination, within two weeks from the date of delivery; and, in the case of any other defect, within two weeks from the date such defect is actually discovered and in any event within 12 months of delivery, provided that:
7.5.1) the obligation to make good shall not extend to defects caused by willful damage, negligence, incorrect stor-age, application, use, movement or installation or wear and tear after the goods left our works; and
7.5.2) we are given reasonable opportunity of examining the relevant goods following notification of the defect.
7.5.3) Save as set out above and save for liability for death or personal injury resulting from negligence, all express or implied conditions, representations, warranties or other terms as to quality or fitness of the goods or otherwise are expressly excluded.
7.5.4) Save for liability for death or personal injury resulting from our negligence, we accept no liability under any claim howsoever arising for any loss over the figure of £1,000 or such greater figure as is from time to time the limit of liability of our insurers in respect of such claims.


8) COPYRIGHT INFRINGEMENT
8.1) We accept no liability for the infringement of any intellectual property right (whether registered or not) of any third party or for any passing off, unfair competition or unfair commercial practice or the like in the course of or arising out of the execution of customers instructions be that product or artwork/images supplied to us for print. All supplied materials are accepted on the basis that the customer indemnifies us of responsibility for any breach of copyright held by third parties on the designs/artwork/images and the buyer accepts sole responsibility for any legal action or claims arising. If Ambucare is pursued for loss by third parties due to content supplied by you without li-cence or permission, we will seek damages from you not less than the costs incurred by us.

9) INSTALLATIONS
9.1) Orders for the installation and erection of products are undertaken on the understanding that the buyer has ob-tained the permission of all relevant persons, bodies and authorities for the installation and erection, and that the buyer has complied with all requirements and conditions laid down by them. Responsibility for obtaining any re-quired permission and permits is entirely that of the buyer. All charges levied by authorities before, during and/or after installation and erection are to be borne by the buyer. The buyer shall indemnify us against all liabilities, claims, proceedings, costs, damages and losses incurred by us as a result of the buyer's failure to comply with the requirements referred to in this clause.
9.2) Where a product is erected on a structure it is the buyer's responsibility to ensure that the structure is of ade-quate strength and in good condition to bear the additional loads imposed thereon by the installation of the product. The buyer agrees to indemnify us against all liabilities, claims, proceedings, costs, damages and losses incurred by us as a result of any of the risks envisaged by this clause.
9.3) All 'making good' charges and removal of debris from structures and/or land are to be borne by the buyer.


10) RIGHT TO TERMINATE
10.1) We shall, at our option, be entitled by notice to terminate all or any of our contracts with the buyer forthwith and recover all expenses, losses and damage resulting to us including (but without limitation to) loss of profit or other consequential loss if:
10.1.1) the buyer has a bankruptcy petition presented against him or a bankruptcy order is made;
10.1.2) the buyer makes or seeks to make any composition or arrangement with his creditors;
10.1.3) the buyer makes a proposal to his creditors for a voluntary arrangement or applies for an interim order (with-in the meaning of Section 286 Insolvency Act 1986);
10.1.4) an encumbrancer takes possession of any of the buyer's assets, or any of the buyer's property is taken in exe-cution or process of law;
10.1.5) a petition is presented or an order is made or a resolution is passed for the winding up of the buyer;
10.1.6) a petition is presented or an order is made for an administration order to be made in relation to the buyer;
10.1.7) the buyer's directors make a proposal for a voluntary arrangement with the buyer's creditors;
10.1.8) the buyer is unable to pay its debts (within the meaning of Section 123 Insolvency Act 1986);
10.1.9) a receiver or administrative receiver is appointed over any of the buyer's assets;
10.2) the buyer fails to make any payment owed to us on the due date;
10.2.1) the buyer fails to take delivery of or to collect the goods within fourteen days of being notified by us or our carrier that they are to be delivered or are ready to be collected; or
10.2.2) the buyer is in breach of the terms and conditions of any contract with us (including breach of these condi-tions) and shall fail to remedy the same within twenty-one days of notice specifying the breach and requiring reme-dy (if the breach shall be remediable).

11) USE OF OUR WEBSITE
11.1) Intellectual Property
Subject to the exceptions in Clause 3 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Ambucare, our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable Unit-ed Kingdom and International intellectual property and other laws.
11.1.1) Subject to Clause 4 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given express written permission to do so by Ambucare
11.2) Third Party Intellectual Property
Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
11.2.1) You may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or suppli-er.
11.2.2) In the unlikely case you identify content on our web presence to which you own the rights and do not wish to extend them to us, please advise us in writing immediately and subject to due investigation we will remove such content as soon as possible and in any case within 21 days of conclusion of our investigation. We will consider that the appropriate course and extent of our liability in such matters.
11.3) Links to Other Websites
This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Am-bucare or that of our affiliates. We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
11.4) Links to our Websites
Those wishing to place a link to one of our Websites on other sites may do so only to the home page of the site Am-bucare without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express per-mission of the managing director (Mr Michael Younghusband). To find out more please contact us by email at: mike@ambucaremobility.co.uk.
11.5) Use of Communications Facilities
When using the enquiry form or any other System on the Website you should do so in accordance with the following rules:
11.5.1) You must not use obscene or vulgar language;
11.5.2) You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
11.5.3) You must not submit Content that is intended to promote or incite violence;
11.5.4) It is recommended that submissions are made using the English language(s) as we may be slower to respond to enquiries submitted in any other languages;
11.5.5) The means by which you identify yourself must not violate these terms of use or any applicable laws;
11.5.6) You must not impersonate other people, particularly employees and representatives of Ambucare or our af-filiates; and
11.5.7) You must not use our System for unauthorised mass-communication such as "spam" or "junk mail".
11.5.8) You acknowledge that Ambucare reserves the right to monitor any and all communications made to us or using our System.
11.5.9) You acknowledge that Ambucare may retain copies of any and all communications made to us or using our System.
11.6) You acknowledge that any information you send to us through our System may be modified by us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon our use of such information must be communicated to us in advance and we reserve the right to reject such terms and associated information.
11.6.1) In order to use the enquiry form and any other communication facility that may be added in the future on our Web presence, you are required to submit certain personal details. By continuing to use our web presence you rep-resent and warrant that any information you submit is accurate and truthful and you will advise us if this infor-mation changes.
11.7) Whilst Ambucare uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their own security, that of their personal details and their computers.


11.8) COOKIES
Ambucare uses ‘cookies’ in its website interaction. These are harmless, non-malignant cookies used to aid your viewing experience and assist us with understanding our users interaction with our website. Upon viewing the site for the first time you will have the opportunity to refuse cookies (in which case you will be directed away from our site) or accept them via a tab at the top of the website. Continuing to interact with the site will be deemed as approv-al for the cookies to be deposited on your computer. More details about cookies can be found by clicking the ques-tion mark in the same tab.

12) FORCE MAJEURE
We shall have no liability to you for any failure or delay in supply or delivery or for any loss arising to the buyer from delay or failure to deliver arising from an act of God, war, civil disturbance, riot, industrial action or dispute, natural calamity, non-availability of materials, controls, restrictions or prohibitions of government or any other com-petent authority, fire, flood, sabotage, breakdown of plant or machinery, or any other causes beyond our reasonable control.

13) LAW AND JURISDICTION These terms and conditions and the relationship between you and Ambucare shall be governed by and construed in accordance with the Law of England and Wales and Ambucare and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.

14) In the event of any part of these conditions being ineffective for any reason, the remainder thereof shall consti-tute the conditions binding upon the parties.

15) These Terms and Conditions of Sale supersede any which have hitherto been operative.

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