Terms and Conditions – Contracted Customers

The following conditions apply to all contracts between Berwick Care Equipment Limited (‘the Supplier’) and the Purchaser and shall override any terms or conditions stipulated, incorporated or referred to by the Purchaser whether in the order or in any negotiations unless expressly accepted in writing by the Supplier. The headings of the clauses of these conditions are for reference only.

1. PRICES

(a) The Supplier may vary the contract price to take account of any variation in the cost of products and

transportation between the date of the order and the date of delivery or despatch of the goods.

(b) The price quoted does not include the amount of any Value Added Tax which shall be added to the price and be payable by the Purchaser.

2. DELIVERY AND CARRIAGE

(a) Delivery is on a DDU basis. The Supplier shall be under no liability to the Purchaser for damage to or loss of goods in transit unless the purchaser notifies of any damage or loss of goods within 3 working days from receipt.

(b) Where the Purchaser’s order specifies a delivery date the Supplier shall make every effort to comply with this date but unless otherwise expressly agreed in writing, the Supplier shall not be liable for delay of delivery.

(c) Where it is agreed in writing that the Supplier shall be liable to the Purchaser for delay in delivery the Purchaser nonetheless has no claim against the Supplier for delay in delivery of, or failure to deliver the goods, as a result of strikes, labour disputes or other industrial action, emergency conditions, fire, flood, accident or any other cause whatsoever beyond the Supplier’s control whether or not of a similar nature to any of the foregoing, nor shall the Purchaser have any claim against the supplier for failure to deliver the goods within the time specified if the Purchaser is in breach of any of the terms hereof or in any way delays the execution of the work.

(d) The Supplier may make deliveries in one or more instalments and each such instalment shall be deemed to be under a separate contract. Any default by the Supplier in delivery of any instalments shall not entitle the Purchaser to repudiate the contract with regard to future instalments remaining deliverable.

(e) If the Purchaser makes a default in taking delivery of or paying for any instalment the Supplier will be relieved from all obligations to make any further deliveries but without prejudice to its right to recover damages for breach of contract.

3. PAYMENT AND TITLE TO THE GOODS

(a) Normally payment will be due 28 days after the day when the invoice was raised. The Supplier reserves the right to vary these terms of payment and the Purchaser should make payment in accordance with the terms stated in the Supplier’s invoice or as stated by the Supplier on receipt of the Purchaser’s Order.

(b) Supplier reserves the title of the delivered goods (reserved property) until all claims have been settled, even if payments for specially designated claims have been made. With a current account, the reserved property serves for securing payment of the amount outstanding.

(c) Purchaser shall have the right to process and sell the goods sold with retention of title in the course of normal business under his standard terms and conditions as long as he has not delayed payment. Pledging or assignment of securities is prohibited.

(d) Purchaser commits himself to provide any information necessary for enforcing Supplier's rights and to hand over any documentation necessary for this. When third parties have access to the goods sold with retention of title, especially in the case of pledging, Purchaser must point out Supplier's ownership and notify the latter at once by registered mail to enable Supplier to enforce his rights of ownership. Purchaser shall bear the costs of all measures necessary for averting the intervention.

(e) Any breach of contract by Purchaser - in particular delayed payment - shall authorise Supplier to request the return the goods sold with retention of title or, where appropriate, request transfer of Purchaser's claims for return against third parties. Requesting the return and pledging of the goods sold with retention of title by the seller do not constitute a rescission of the contract.

(f) Purchaser is obligated to provide for adequate insurance protection of the goods sold with retention of title.

Despite the reservation of title, Purchaser bears the risk of loss and deterioration of the goods sold with retention of title.

(g) Notwithstanding the terms of sub-clause (b) hereof all responsibility for the safe custody protection and

preservation of the goods after delivery is deemed to have taken place shall rest with the Purchaser who shall take all proper steps with regard thereto and shall in any event remain liable to pay for all goods delivered.

(h) The Supplier reserves the right to charge interest on overdue payments from the date due at borrowing rates then current but not less than 2% above the Supplier’s Banker’s Base Rate from time to time in force.

(i) The purchaser shall notify of any discrepancies with the invoice within 14 days of receipt.

4. RESPONSIBILITY FOR THE GOODS AND TESTING

The following conditions apply wherever the goods are used including circumstances subject to the Health and

Safety at Work Act 1974 or any other legislation current or future.-

(a) The Supplier’s liability arising out of the supply of defective goods shall not in any case exceed the cost of the goods and the Supplier will in no circumstances be liable in contract tort or otherwise for any consequential damage injury loss or expense however caused whether to the Purchaser or to any other person or thing whether arising directly or indirectly from the defect and shall not apply in any case for defects due to wear and tear neglect or use of the goods for any purpose other than those for which they are designed.

(b) Where the contract requires or implies compliance with any codes, regulations, standards or other rules the Supplier only accepts responsibility for compliance with such codes, regulations, standards or rules as published at the date of the Supplier’s acceptance of that order.

(c) The goods must be regularly tested by the Purchaser and the user of the goods to ensure that they are suitable (and continue to be suitable) for the purpose for which they are to be used.

5. THE PURCHASER WILL NOT SOLICIT NOR CANVASS

For the purposes of employment or engagement nor employ nor engage in any capacity whatsoever any member of the Supplier’s sales force or other employee or consultant whether self-employed or not.

Cancellation, Return and Return Policy

Cancellation

You can cancel your order until the day of despatch except in the case of made to order items. For these items we will contact you to confirm the value of a non-refundable deposit. Cancellation must be made in writing either by an email to: sales@berwickcare.co.uk or by letter to:

Berwick Care

Lancaster Road

Harlescott Industrial Estate

Shrewsbury

Shropshire

SY1 3LG

In the event that the goods are packed or dispatched, you may still cancel the order due to change of mind; however, an administration fee of £10 may be levied and deducted from your refund. Upon receiving the goods, you may still cancel the order in accordance with our 30 day return policy.

Duplicated order

In any event that you find yourself having placed duplicated orders by mistake or due to system/network malfunction, please inform us before the order(s) is/are dispatched and we will cancel the duplicated order for you as per your request.

Fraudulent Order

We have procedures in place to detect any sign of testing or fraudulent orders. All alleged fraudulent orders will be subject to immediate cancellation whereas the respective user/visitor will be banned from our website unconditionally.

Security Check

As part of our effort to protect the interests of both buyer and seller, we may require you to provide further information or documentation to confirm your order is genuine. In the event that the aforementioned procedure is not completed within 5 working days after you placed the order, your order will be automatically cancelled.

30 Day Return Policy

You can exercise the right to return an order and opt for refund within 30 after day of receipt of the goods provided that such request is submitted to us by email or letter within the aforementioned period. We will acknowledge receipt of your request and advise you the proper procedure of returning the goods to us. Your order(s) is/are eligible to a refund subject to below conditions:

Goods are purchased from our website. (www.berwickcare.co.uk)
A request for refund notification is submitted by email or letter and received by us within 30 days upon you receiving the goods.
Goods are returned with a copy of your receipt/invoice.
Goods are returned with a copy of your return authorisation number and form (along with the receipt/invoice)
Goods are in brand new and undamaged condition* (with all original packaging including all accessories and other material(s)).
Goods must be returned to our specified address within 14 days after we acknowledge your request.
All Returns to be raised within 30 days of receiving your goods, this can be done via phone, email or Webchat, and a picture of the items will be requested to check condition
A standard £12.50 restocking fee will be applied on all returns.
If you are able to return the items, please do so and quote the Return authorisation number given to you.
Any items to be collected will be chargeable depending upon location and size of items.
All Returned items must be undamaged and in their original condition, if this is not the case when they are received back an additional restocking will be applied.
Special order, Custom & Made to order items are not returnable, unless Damaged or Faulty. If this is the case please contact us with details of the issue.
Please check our T’s & C’s for further details and warranty returns.

After we acknowledge and confirm your return request, we are able to arrange courier to pick up the goods from delivery address of your order (unless otherwise specified) and have them returned to us, with an additional collection fee deducted from your refund.

Return of Faulty Item

You may return the goods to us if you find it faulty due to manufacturer fault, provided that the request is made within 30 days upon you receiving of the goods. We will acknowledge receipt of your request and advise you the proper procedure of returning the goods to us. You may opt for a full refund or replacement subject to below condition(s):

Goods are purchased from our website (www.berwickcare.co.uk)
A request for return notification is submitted by email or letter and received by us within 30 days upon you receiving the goods.
Goods are returned with a copy of your receipt/invoice.
Goods are in brand new condition (with all original packaging including all accessories and other material(s)).
Goods must be returned to our specified address within 14 days after we acknowledge your request.
Goods returned are confirmed to be faulty after our inspection.

No restocking fee will be applied to return which meets the above stated conditions. However, we reserve the right to deduct a restocking fee (10% of value) from your refund if the return does not meet the condition(s) stated above.

After we acknowledge and confirm your return request, we will arrange courier to pick up the goods from delivery address of your order (unless otherwise specified) and have them returned to us. The freight charge will be deducted from your refund if the return does not meet the condition(s) stated above.

Return of Wrong or DOA Item

If you find yourself having received wrong items, you must notify us within 30 days of receiving the goods. We will acknowledge receipt of your request and advise you the proper procedure of returning the goods to us. You may opt for a full refund or replacement subject to below condition(s):

Goods are not working straight out of the box. (DOA)
Goods are not what you have ordered. (Wrong goods)
For wrong goods received, the goods must be returned to us in unopened and unused condition with full and complete packaging including accessories and other material(s).
For DOA goods, the goods must be returned to us in original and undamaged condition with full and complete packaging including accessories and other material(s).
Goods must be returned to our specified address within 14 days after we acknowledge your request.
Goods returned are confirmed to be wrong or DOA after our inspection.

Further Notes

You must take all reasonable care of the goods and return them in its original and undamaged condition.

Unless specified in the above Terms and Conditions, you agree to bear the cost(s) of returning the goods to our specified address. If you choose to have your order refunded, we will refund you the total amount paid less postage, within 72 hours. This does not affect your statutory rights.

We are not responsible for any physical loss or damage of the goods during return transit.

Consumables, perishables or goods that are affected by hygiene are not eligible for return.

We reserve the rights not to accept a return if they do not satisfy the conditions stated in the return policy.

Refund Policy

Upon receiving your returned item, we will inspect the goods. Once approved and the good passes the inspection phase, then your refund according to our cancellation or return policies, will be processed. A credit will be applied to your Credit Card or your original method of payment within a certain amount of days, based on the payment method selected. When we process the refund, a refund email will be sent your order’s email.

Late or missing refunds

If you haven’t received a refund yet, first check your bank account again as there may be some delays by the bank.

Then contact your credit card company or the respective payment channel. It may take some time before your refund is officially posted.

Next contact your bank. There is often some processing time before a refund is posted. If you have done all the actions above and you still have not yet received your refund, please contact us at accounts@berwickcare.co.uk