AED Locator (E.U.) Ltd Trading as HeartSafe® Terms and Conditions of Trading

 

Definitions

(1)    “Business Customer” means a customer who is not a Consumer.

(2)    “Consumer” means an individual who is not acting for the purposes of his or her business or profession.

(3)    “HeartSafe® AED Locator” means HeartSafe® AED Locator also referred to as “we” or “us” in these terms and conditions.

(4)    “Catalogue” means the catalogue of products and services offered by HeartSafe® AED Locator.

(5)    “Force Majeure” means any cause affecting the performance by HeartSafe® AED Locator of its obligations arising from acts, events, omissions, happenings or non-happenings beyond its reasonable control including (but not limited to) governmental regulations, fire, flood, or any disaster or industrial dispute affecting a third party.

(6)    “Normal Working Hours” means 9am to 5pm on a Working Day.

(7)    “Working days” means Monday to Friday, excluding Bank or other Public Holidays.

(8)    “Delivery” means acceptance of goods by delivery, collection or other methods of receipt. 

 

Please note that special terms apply to Consumers, which prevail over the other provisions of these terms and conditions.  Customers who are Consumers are referred to Consumer Clause.

 

 Orders

(1)    All contracts of sale made by  HeartSafe® AED Locator shall be deemed to incorporate these terms and conditions, which shall prevail over any other terms from the party (“the Customer”)( with whom HeartSafe® AED Locator is dealing.  Cancellation of orders by business to business customers is not accepted as many orders are despatched on the same day the order is placed.  Cancelation of orders by Consumers will be accepted in accordance with the Consumer Protection (Distance Selling) Regulation’s 2000.  Nothing in these terms and conditions is intended to impinge upon a Consumer’s statutory or contractual rights to reject fault goods.

(2)    All orders are subject to acceptance and to availability of the goods ordered: HeartSafe® AED Locator is entitled to refuse any order placed by you.

(3)    You understand that all details you provide to us for the purpose of purchasing goods or services offered are correct.

 

Please note, HeartSafe® AED Locator may record and/or monitor inbound and outbound calls and electronic traffic for training purposes.

 

Prices

 

(1)    Goods and services, together with VAT, are invoiced at the price prevailing at time of order.

(2)    HeartSafe® AED Locator reserves the right to modify the prices from time to time.

(3)    HeartSafe® AED Locator shall use reasonable endeavours to dispatch goods by the date agreed with the customer, but does not accept liability for failure to deliver within the stated time where this is caused by circumstances beyond our reasonable control, such as delays caused by delivery companies or manufacturer lead times.  If a delay is likely, we shall contact the customer and advise of the delay.  A customer who is a Consumer shall be entitled to cancel an order when advised of a delay if the revised delivery date is not acceptable.

(4)    In the case of a Business Customer, if HeartSafe® AED Locator is unable to deliver the goods within 30 days of the agreed delivery date, the Customer will, as its sole remedy, be entitled to cancel the order and require any monies paid to HeartSafe® AED Locator in respect of that order to be refunded.  In order to cancel, the Customer must send written notice of cancellation to HeartSafe® AED Locator after the above date but before delivery of the goods or notification from HeartSafe® AED Locator that the goods are ready for delivery.  This clause does not apply to Consumers. 

(5)    In the case of Business Customers, HeartSafe® AED Locator does not accept liability for shortages or damage to deliveries unless the Customer notifies HeartSafe® AED Locator of the shortage or damage in writing within 48 hours of receipt of the delivery.  Consumers should notify shortages or damage within a reasonable period of becoming aware. 

(6)    Business Customers are required to be able to accept the goods when they are ready for delivery within Normal Working Hours.

(7)    Delivery is deemed to take place when the goods are delivered to the Customer’s nominated address, whereupon the risk of loss, breakage and all damage and all other risks shall pass to the Customer. 

(8)    Title in the good does not pass to the Customer until payment is received in full by HeartSafe® AED Locator.

(9)    If the Customer cannot accept delivery, HeartSafe® AED Locator may at its option; (a) store and insure the goods at the Customer’s expense and risk or (b) sell the goods at the best price reasonably obtainable and (after deducting reasonable storage insurance and selling costs) pay to the Customer any excess over the sale price or charge the Customer for any shortfall or (c) re-arrange delivery provided that HeartSafe® AED Locator may charge the Customer for the additional delivery costs incurred.

(10)The Customer may request a Proof of Delivery, provided that this request is made in writing within 3 months of the date of delivery and HeartSafe® AED Locator shall  use reasonable endeavours to provide such proof.  Thereafter, delivery shall be deemed to have been successfully completed. 

(11)Upon delivery of the goods, the Business Customer will be asked to sign a Proof of Delivery to acknowledge safe receipt.  It is the responsibility of the Customer to ensure that the number of packages delivered corresponds with the number stated on the delivery note.  Where a discrepancy occurs or where there is evident damage to the packaging, this should be noted on the Proof of Delivery.  HeartSafe® AED Locator shall not be liable for discrepancies or damage evident on delivery  where the Customer accepts delivery and signs the Proof of Delivery without amendment. 

(12)Labour and implementation will be invoiced at the agreed hourly rate, which is charged by the full hour i.e. 2 hours and 15 minutes labour will be charged at 3 hours.  Customers commit to these payment terms and conditions at the point of chargeable labour commencing. 

(13)Travel time and expenses may be charged separately.  Customers commit to these payment terms and conditions at the point of travel commencing or expenses being incurred.

 

Payment

 

(1)    Payment is due prior to despatch or collection of goods. 

(2)    HeartSafe® AED Locator may in some circumstances make other arrangements with customers regarding the method of payment. 

 

Product Specifications

 

(1)    HeartSafe® AED Locator makes every effort to supply the goods as advertised by reserves the right to supply the goods subject to minor variations in actual dimensions and specifications. 

(2)    If HeartSafe® AED Locator cannot supply the goods ordered by the Customer, HeartSafe® AED Locator reserves the right to offer goods of equal or superior quality at no extra cost.  In such a case, if the Customer does not wish to accept the alternative goods offered, he or she may cancel the order and require the refund of any money paid to HeartSafe® AED Locator in respect of that order, including carriage charges.  His shall be the sole remedy of the Customer in these circumstances. 

 

Trade names and Trade Marks

 

(1)    Trade names and marks (other than HeartSafe® AED Locator’s) are not always indications of the actual manufacturer of a particular product and may rather be indicative of general use system and machines associated with such products.

(2)    In the case of component purchases, Customers requiring a particular brand of product should, before placing an order, check with HeartSafe® AED Locator the identity of the manufacturer of component it is proposed to purchase. 

 

Warranties and Returns

 

Please note that special terms apply to Consumers who wish to return goods, which prevail over the provisions of this Clause 8.  Customers who are Consumers are referred to Consumer Clause.

 

(1)    HeartSafe® AED Locator is committed to providing our customers with the highest quality products and service.  However, on rare occasions, products may be found to be faulty or defective.  In such cases we offer the returns facilities described below. 

(2)    Unless otherwise stated in the manufacturer’s documentation, all goods delivered to a UK mainland address carry a 12-month manufacturer’s warranty. 

(3)    If you purchase goods in the course of your business, the following provisions of this Clause shall apply.  Other than the express provisions set out in these terms and conditions, all other terms and the implied terms or warranties relating to the supply of goods are excluded to the fullest extent permitted by law.  Goods are not tested or sold as being fit for any particular application or for use under specific conditions, unless expressly agreed in writing. 

(4)    Subject to the right of Consumers to return goods for refund under The Consumer Protection (Distance Selling) Regulations 2000 (see Consumer Clause), HeartSafe® AED Locator does not sell products on a trial basis.  Customers are strongly advised to check suitability and specifications of products before ordering.  In some instances, Customers may benefit from special price discounts issued by a manufacturer specifically for their benefit.  Such goods are not returnable to the manufacturer and may not be sold to other customers.  Accordingly, orders for such goods cannot be cancelled and HeartSafe® AED Locator can only accept a return of such Goods where they prove to be defective and the Goods are returned for repair or replacement. 

(5)    In the event that HeartSafe® AED Locator, at its discretion (unless the Consumer Protection (Distance Selling) Regulation’s 2000 apply, see Consumer Clause), agrees to accept the return for credit of unwanted products, the goods must be returned with HeartSafe® AED Locator’s prior written agreement within 14 days of delivery.  The goods must be unopened and in perfect re-saleable condition.  All goods returned in these circumstances (except where the Consumer Protection (Distance Selling) Regulation’s 2000 apply, see Consumer Clause) will be subject to a handling fee of 15% of HeartSafe® AED Locator’s sale price for the goods, or £20 whichever is the greater.

(6)    Subject to testing to verify any alleged fault, we will accept the return of defective goods for full refund or replacement at our option, if, but only if, the goods are returned within 14 days of delivery.  Consumers who wish to return defective products are not obliged to follow the processes set out below, but are recommended to do so as this helps us to provide a more effective returns service. 

a.       HeartSafe® AED Locator’s technical support staff or Customer Support staff,. As appropriate, will advise you of which method of delivery to use to return the products.  We will request that you return the product directly to us.  Authorised product returns must be sent to HeartSafe® AED Locator, East Barn, Whitecross Farm, Bristol Road, West Harptree, BS40 6HQ.

b.      All returns goods (except those returned under Consumer Clause) must be accompanied by HeartSafe® AED Locator’s Returns Authorisation number (“RMA Number”) which can be obtained by contacting Customer Support on 01275 333999.  Returned goods will not be accepted without an RMA Number.  Do not write directly on the manufacturer’s packaging.  Please write the RMA Number on an address label and attach it to the returned package.  Any defacement of the manufacturer’s packaging or damage caused by inadequate packaging may result in the rejection of the return or an additional restocking fee, at HeartSafe® AED Locator’s sole discretion. 

c.       HeartSafe® AED Locator cannot accept liability for packages damaged during transit.  It is the Customer’s responsibility to wrap the product adequately to prevent damage.

d.      Proof of postage is not proof of delivery and you are therefore strongly advised to send your package by recorded delivery, registered post or courier, and to insure the goods for their full value. 

e.      On receipt of the returned product, we will test to identify the fault you have notified to us.

f.        If following the testing process, the product is found to be in good working order or without defect, we will return the product to you and the carriage costs of this return will be your responsibility.  Please note that if you have, in the meantime, required us to provide you with a replacement product before completion of the testing process, you will have to pay for this product also.  This Clause does not apply to Consumers returning goods pursuant to the Consumer Clause.

g.       Unless otherwise stated in the manufacturer’s documentation, all goods delivered to a UK mainland address carry a 12-month manufacturer’s warranty.  Customers who wish to make a warranty claim must comply with the manufacturer’s instructions and warranty procedure.  In order to resolve your problem as quickly as possible, we may refer you to the product manufacturer who will deal directly with the return.  If you are a consumer, this does not affect your statutory rights.

h.      This warranty shall not apply if the goods have been worked upon, altered or damaged in anyway by the Customer or its employees or agents, or to goods not used in accordance with the manufacturer’s instructions. 

i.         Some manufacturers require goods to be returned within 14 days or less in order to secure refund.  In such instances the manufacturer’s time limit will apply and therefore HeartSafe® AED Locator will only accept a return within 14 days of purchase or the manufacturer’s time limit, if that limit is less than 14 days.  This is clearly indicated on the catalogue page for the particular product.  We can only accept the return of a defective product that does not meet the description, if they are returned to us within 14 days.  Beyond that period you will be deemed to have accepted the goods and you must therefore check the goods promptly on receipt.  Please note that this period is reduced to 7 days for clearance bargains and “NCCR, products as set out in condition 12.

 

HeartSafe® AED Locator’s Liability

 

(1)    In it’s dealings with clients/organisations, HeartSafe® AED Locator shall under no circumstances be liable for any consequential or indirect damage or loss, however caused, including (but not restricted to) loss of business or profits, loss of goodwill, damage to trading relationships, loss of data and other financial loss (“Financial loss” in this sense does not refer to the price you have paid for the goods, which we may be liable to refund to you, in whole or in part, if the goods are faulty or do not comply with their description).  HeartSafe® AED Locator’s liability in respect of all other losses shall be limited to the invoiced amount of the relevant order.

(2)    You are responsible for ensuring that all data and information on your computer or other hardware is saved and backed up before we access your system.  We will not be held responsible for any loss of damage, information or records.

 

HeartSafe® AED Locator cannot be responsible or liable to you in relation to any services regarding:

 

(1)    Any loss or corruption of data, information or records

(2)    Any loss of goodwill, or any loss of, or interruption to business or contracts

(3)    Any failure by you to follow our reasonable  advice, recommendations or instructions

(4)    Any loss you may suffers arising from your use of, or failure to use any anti-virus software

(5)    Any loss that is not reasonably foreseeable

 

Nothing in this agreement shall limit HeartSafe® AED Locator’s liability for death or personal injury caused by its negligence.

 

Health and Safety

 

(1)    HeartSafe® AED Locator confirms that the goods it supplies do not present a hazard to health and safety when properly used for the purpose for which they are designed and if the Customer takes reasonable and normal precautions in their use.

 

Force Majeure

(1)    Where, in spite of its reasonable efforts, HeartSafe® AED Locator is unable to perform an obligation due to circumstances beyond its reasonable control, it shall not be deemed to be in breach of its contract with the Customer.

 

The Consumer Protection (Distance Selling) Regulations 2000

 

(1)    Contracts for the purchase of goods by a Customer not acting in the course of a business and made over the telephone or through the HeartSafe® AED Locator website, or by mail order, are with the exception of certain excepted contracts, subject to The Consumer Protection (Distance Selling) Regulations 2000 (“the Regulations”).

(2)    If the Regulations apply, Customers may cancel goods purchased from HeartSafe® AED Locator by sending a written notice of cancellation by post or hand delivery address to HeartSafe® AED Locator, East Barn, Whitecross Farm, Bristol Road, West Harptree, BS40 6HQ or by email to enquiries@heartsafe.org.uk

(3)    The notice of cancellation must be delivered within 7 working days of the day after date of delivery of the goods.

(4)    The Customer will be responsible for the cost of returning the goods if he or she exercises this right of cancellation under the Regulations.  If the Customer does not actually return the goods to HeartSafe® AED Locator, the Customer is under a duty to9 make the goods available for collection at the Customer’s expense from the address to which they were delivered.

(5)    The Customer is under a duty to retain possession of the goods whilst awaiting return to HeartSafe® AED Locator and to take reasonable cares of them during this period.  The Customer will be liable for any loss of or damage to the goods if he or she fails to comply with this obligation. 

 

Errors and Omissions

(1)    HeartSafe® AED Locator makes every effort to ensure that all prices and descriptions quoted in its catalogue and on its website are correct and accurate.  However, the frenetic tempo of e-commerce makes it inevitable that mistakes will occasionally occur.  In the case of a manifest error or omission, HeartSafe® AED Locator will be entitled to rescind the contract, notwithstanding that it has already accepted the Customer’s order and/or received payment from the Customer.  HeartSafe® AED Locator’s liability in that event will be limited to the return of any money the Customer has paid in respect of the order.  In the case of a manifest error in relation to price, the Customer will be entitled to purchase the goods by paying the difference between the quoted price and the correct price, as confirmed in writing by HeartSafe® AED Locator after the manifest error has been discovered. 

(2)    A “manifest error” as the term is used in sub-paragraph (1) above, means, in relation to an incorrect price, a price quoted in error by HeartSafe® AED Locator which is more than 10% less than the price that would have been quoted had the mistake not been made.

 

WEEE Regulations

For all goods sold in the UK which fall under the WEEE Regulations, the Business Customer shall ensure they follow the Producer (Manufacturer) directions for disposal and recycling thereof.  HeartSafe® AED Locator shall not be responsible for any costs thereof.

General

(1)    Nothing in these terms and conditions affects your statutory rights as a Consumer.

(2)    If any provision in this Agreement is held to be invalid or unenforceable, it shall be deemed severed from the Agreement and this shall not affect the validity or enforceability of the remaining provisions. 

(3)    Any waiver of a breach of this Agreement must be in writing.

(4)    Any variation of this Agreement must be in writing and signed by a duly authorised HeartSafe® AED Locator official.

(5)    The headings are for convenience only and shall not affect the interpretation of this Agreement. 

(6)    Any notices given under this Agreement shall be in writing and sent (a) by first class pre-paid post to the last known address of the party; or (b) by fax to their last known fax number; or (c) by email to the last notified email address of the party. 

(7)    These terms and conditions shall be governed by and construed in accordance with the laws of England & Wales and the parties submit to the non-exclusive jurisdiction of the English courts.

(8)    HeartSafe® AED Locator may at its discretion record telephone transactions for staff training and quality control purposes.

 

Standard Variation Clause

HeartSafe® AED Locator withholds the right to amend this set of terms and conditions which applies to and includes our service level agreements (SLA) and service / product contracts.  At the point of amendment, notification will be made in writing via letter to the customers last known postal address, or by email to the last known registered email address.  A notice period of 14 days will commence from the date stated on the letter, or the emails date.  During the 14 day notice period customers will have the right to notify us by email only, via the email address enquiries@heartsafe.org.uk of non-acceptance of the superseding terms and conditions.  Non-acceptance will result in the previous set of terms and conditions including service level agreements (SLA) and service / product contracts remaining valid.  Where the terms and conditions have been altered to comply with legislation and where the company is legally bound to make these changes, non-acceptance of these altered terms and conditions may not be permitted.  Once the 14 days notice period has lapsed, the superseding set of terms and conditions becomes valid, without exception.  It is the responsibility of the customer to ensure they have read the superseding terms and conditions in full.

 

Issued

This set of terms and conditions was updated on 25th May 2018.   This set of terms and conditions supersedes any other previous set of terms and conditions including service level agreements (SLA) and service / product contracts. 

 

Your acceptance of these terms

By using our products/services and accepting our invoice(s) (“initial invoice in the case of renewals”) customers signify their binding acceptance of these terms and conditions in full.