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Terms & Conditions
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Terms and Conditions 2010
1.0 Definitions
1.1 The "Supplier" shall mean Tinsley & Tomsett Ltd trading as TT Mobility.
1.2 The "Purchaser" shall mean the person, firm or company purchasing or offering to purchase goods from the supplier.
1.3 The "Goods" means any goods or services agreed in the contract.
1.4 The "Contract" means any contract between the supplier and the purchaser for the sale of goods and services.
2.0 General
2.1 The terms and conditions set out above and below shall apply to every contract entered into by the supplier for the sale of goods and services unless a variation thereto is agreed in writing by a director of the
supplier.
3.0 Quotations
3.1 A quotation given by the supplier is an invitation to the purchaser to make an offer. If a customer places an order, verbal or otherwise, with the supplier based upon a quotation a binding contract is formed,
unless written confirmation is requested. Any contract made between the supplier and the purchaser (herein called "The Contract") will incorporate these conditions.
4.0 Prices
4.1 Unless the contract states that the priced quote by the supplier will remain fixed, the supplier may vary the price to incorporate any increase in labour, overheads or material costs that take place before the
despatch of goods. Any change requested by the purchaser to any of the terms of the contract will entitle the supplier to revise the contract price.
5.0 Orders
5.1 All orders, whether written or verbal, for the goods placed by the purchaser and accepted by the supplier shall be treated as a contract for the purchase of the goods so ordered.
5.2 On fulfilling only part of the order the supplier shall advise the purchaser which of the goods supplied are only temporarily available.
5.3 Orders for goods that are temporarily unavailable will be fulfilled by the supplier as and when the goods are available.
5.4 All orders placed by the purchaser require non-refundable 50% payment deposit at time of order.
6.0 Delivery
6.1 Any dates specified by the company for the delivery of goods and services are intended to be an estimate only. If the supplier fails to despatch or deliver by such dates that failure shall not constitute a breach of
the contract and the purchaser will not be entitled to treat the contract as repudiated or to rescind any relevant contract in whole or in part to claim damages for such failure.
7.0 Time for Claims
7.1 The supplier will only consider any claims made by the purchaser for supply of defective goods of which he has noticed in writing from the purchaser within seven (7) days of delivery of the goods to the
purchaser.
8.0 Suppliers Liability for Defective Goods
8.1 The suppliers liability for materially defective goods shall be limited to replacing them or at the suppliers election giving credit to the purchaser for the purchase price thereof provided that the goods are returned
promptly for verification and provided that when returning materially defective goods the purchaser complies with the suppliers return procedure.
9.0 Risk
9.1 Risk in the goods shall pass to the purchaser on delivery. The supplier shall not be liable for any loss or damage to the goods occurring after delivery.
10.0 Payment
10.1 The price of the goods shall be the price agreed when the purchaser places an order.
10.2 The prices of goods shall be payable in full before any goods can be removed from the suppliers premises, unless the purchaser has a credit account with the supplier, in which event the supplier will invoice the
purchaser for the price of the goods delivered or despatched, and such an invoice will be paid within the time stated thereon.
10.3 Payment of the price of goods is due within 14 days of the invoice date.
10.4 The purchaser shall make all payments due under the contract without any deduction whether by way of set-off, withholding, counter claim, discount, abatement or otherwise.
10.5 To charge interest until payment or any outstanding sums before and after judgement at 8% above Natwest PLC base rate and or
10.6 To recover from the purchaser on an indemnity basis as part of the debt any costs incurred in collecting the debt including legal costs
11.0 Credit Terms
11.1 The supplier shall be entitled at any time to vary or withdraw credit terms agreed by the purchaser.
12.0 Reservation of Title
12.1 The property in any goods supplied by the supplier to the purchaser shall not pass to the purchaser until the date when the purchaser has paid the supplier all monies owing by it to the supplier on any account.
13.0 Purchasers Insolvency
13.1 This clause applies if the purchaser makes any voluntary arrangement with its creditors or becomes subject to an administration order or (being and individual or firm) becomes bankrupt or (being a company)
goes into liquidation.
13.2 An incumbrancer takes possession or a receiver is appointed of any of the property or assets of the purchaser or
13.3 The purchaser ceases or threatens to cease carrying on business or supplier apprehends that any of the events mentioned above are about to occur in relation to the purchaser and notifies the purchaser
accordingly.
13.4 If this clause applies then without prejudice to any other rights or remedies available to the supplier the supplier shall be entitled to cancel the contract or suspend any further deliveries under the contract
without any liability to the purchaser and if the goods have been delivered and not paid for the price shall become immediately due and payable notwithstanding any prior agreement or arrangements to the
contrary.
14.0 Purchasers Indemnity of Supplier
14.1 The purchaser shall indemnify the supplier against any loss liability or expenses of any kind suffered by the seller resulting from any third party claims whether contractual or tortuous statutory or otherwise
against the supplier in connection with the goods.
15.0 Suppliers Losses
15.1 The supplier accepts no liability whatsoever for any loss or damage whether consequential or direct suffered by or occasioned to the purchaser, the employees or, any agents of the purchaser or any third party
which may arise after delivery of the goods to the purchaser.
16.0 Design Rights
16.1 All design rights or intellectual properties rights associated with any work carried out by the supplier whilst working on behalf of the purchaser remain the property of the supplier.
17.0 Force Majeure
17.1 The supplier will make every effort to carry out the contract. However it will not be liable for any failure on its part to perform arising from any cause outside the supplier's control.
18.0 Limit of Liability
18.1 All the terms of this contract are warranties and in the event of any breach the supplier's liability will be limited to the contract price. All complaints must be notified to the supplier in writing within seven (7) days of
the despatch of the goods by the supplier. Any concession granted by the supplier will not act as a waiver of this provision.
19.0 Subcontracting, Assignment and Third Party Rights
19.1 The purchaser shall not be entitled to assign, charge, or subcontract or transfer the contract or any part of it without the prior written consent of the company. The company may assign, charge, subcontract or
transfer the contract or any part of it to any person.
19.2 Laws of the Contract.
20.0 Engineers/Clinical Time
20.1 TT Engineer's time £60 per hour TT Clinical Time £60 per hour
Travel time £35 per hour Travel Time £35 per hour
Mileage 49p per mile Mileage 49p per mile
20.2 All other out of pocket travel expenses to be reimbursed at cost on submission of receipt and agreed with client in advance.
20.3 VAT will be charged at standard rate unless a VAT exemption form is completed and excepted.
21.0 Product, parts & labour warranties
21.1 Manufacturers parts warranties will be fully undertaken by TT Mobility.
21.2 Labour on warranties is limited to 1 year from date of purchase.
21.3 Extended warranties can be purchased at point of sale.
22.0 Monitoring the impact on users, of new postural items or adjustments to postural equipment.
22.1 All parties (Funders, clinicians, users, care team, etc) should consider and understand the impact on users of new postural items and other new equipment supplied by TT Mobility – see below
Monitoring the impact on users, of new postural items or adjustments to postural equipment.
Making sure it works for you:
Checking that new equipment is delivering the required benefits is essential, especially in the early stages of use.
• Initial impressions can mask shortcomings which prolonged use might reveal.
• Adjustments may be required to accommodate the users sitting habits and preferences which may be difficult to accurately determine at the time of initial delivery.
• Posture can alter significantly with each change to a new position.
Monitoring: When any new postural support equipment is issued, it is essential that its effect is monitored and checked daily to ensure there are no adverse effects. In particular, any numbness, pain, loss of sensation or reddening
of the skin in any area in contact with the system should be brought to the attention of the carer, therapist or supervising medical staff to ensure prompt attention. Failure to do so may result in injury which could have
been prevented by diligent monitoring and attention.
Further guidance:
Practical guidance on the prevention and treatment of pressure sores is available from the Clinical
Practice Guideline on Pressure Ulcers in Adults: Prediction and Prevention, sponsored by the Agency for Health Care Policy and Research. Visit ElderCare Skill Builders at:
www.ec-online.net/Knowledge/SB/SBpreventsores.html
Other links:
RCN guidelines: Pressure ulcer risk assessment and prevention: http://www.rcn.org.uk/__data/assets/pdf_file/0003/78501/001252.pdf
Guidelines for seating in pressure ulcer prevention and management from Tissue Viability Society:
http://www.nursingtimes.net/nursing-practice-clinical-research/specialists/wound-care/guidelines-forseating- in-pressure-ulcer-prevention-and-management/5000207.article
EUROPEAN PRESSURE ULCER ADVISORY PANEL: www.epuap.org
The National Pressure Ulcer Advisory Panel (NPUAP): www.npuap.org
There are new international guidelines due > www.pressureulcerguidelines.org
23.0 Telephone call recording
23.1 TT Mobility may record the telephone conversation for training and quality purposes
1.0 Definitions
1.1 The "Supplier" shall mean Tinsley & Tomsett Ltd trading as TT Mobility.
1.2 The "Purchaser" shall mean the person, firm or company purchasing or offering to purchase goods from the supplier.
1.3 The "Goods" means any goods or services agreed in the contract.
1.4 The "Contract" means any contract between the supplier and the purchaser for the sale of goods and services.
2.0 General
2.1 The terms and conditions set out above and below shall apply to every contract entered into by the supplier for the sale of goods and services unless a variation thereto is agreed in writing by a director of the
supplier.
3.0 Quotations
3.1 A quotation given by the supplier is an invitation to the purchaser to make an offer. If a customer places an order, verbal or otherwise, with the supplier based upon a quotation a binding contract is formed,
unless written confirmation is requested. Any contract made between the supplier and the purchaser (herein called "The Contract") will incorporate these conditions.
4.0 Prices
4.1 Unless the contract states that the priced quote by the supplier will remain fixed, the supplier may vary the price to incorporate any increase in labour, overheads or material costs that take place before the
despatch of goods. Any change requested by the purchaser to any of the terms of the contract will entitle the supplier to revise the contract price.
5.0 Orders
5.1 All orders, whether written or verbal, for the goods placed by the purchaser and accepted by the supplier shall be treated as a contract for the purchase of the goods so ordered.
5.2 On fulfilling only part of the order the supplier shall advise the purchaser which of the goods supplied are only temporarily available.
5.3 Orders for goods that are temporarily unavailable will be fulfilled by the supplier as and when the goods are available.
5.4 All orders placed by the purchaser require non-refundable 50% payment deposit at time of order.
6.0 Delivery
6.1 Any dates specified by the company for the delivery of goods and services are intended to be an estimate only. If the supplier fails to despatch or deliver by such dates that failure shall not constitute a breach of
the contract and the purchaser will not be entitled to treat the contract as repudiated or to rescind any relevant contract in whole or in part to claim damages for such failure.
7.0 Time for Claims
7.1 The supplier will only consider any claims made by the purchaser for supply of defective goods of which he has noticed in writing from the purchaser within seven (7) days of delivery of the goods to the
purchaser.
8.0 Suppliers Liability for Defective Goods
8.1 The suppliers liability for materially defective goods shall be limited to replacing them or at the suppliers election giving credit to the purchaser for the purchase price thereof provided that the goods are returned
promptly for verification and provided that when returning materially defective goods the purchaser complies with the suppliers return procedure.
9.0 Risk
9.1 Risk in the goods shall pass to the purchaser on delivery. The supplier shall not be liable for any loss or damage to the goods occurring after delivery.
10.0 Payment
10.1 The price of the goods shall be the price agreed when the purchaser places an order.
10.2 The prices of goods shall be payable in full before any goods can be removed from the suppliers premises, unless the purchaser has a credit account with the supplier, in which event the supplier will invoice the
purchaser for the price of the goods delivered or despatched, and such an invoice will be paid within the time stated thereon.
10.3 Payment of the price of goods is due within 14 days of the invoice date.
10.4 The purchaser shall make all payments due under the contract without any deduction whether by way of set-off, withholding, counter claim, discount, abatement or otherwise.
10.5 To charge interest until payment or any outstanding sums before and after judgement at 8% above Natwest PLC base rate and or
10.6 To recover from the purchaser on an indemnity basis as part of the debt any costs incurred in collecting the debt including legal costs
11.0 Credit Terms
11.1 The supplier shall be entitled at any time to vary or withdraw credit terms agreed by the purchaser.
12.0 Reservation of Title
12.1 The property in any goods supplied by the supplier to the purchaser shall not pass to the purchaser until the date when the purchaser has paid the supplier all monies owing by it to the supplier on any account.
13.0 Purchasers Insolvency
13.1 This clause applies if the purchaser makes any voluntary arrangement with its creditors or becomes subject to an administration order or (being and individual or firm) becomes bankrupt or (being a company)
goes into liquidation.
13.2 An incumbrancer takes possession or a receiver is appointed of any of the property or assets of the purchaser or
13.3 The purchaser ceases or threatens to cease carrying on business or supplier apprehends that any of the events mentioned above are about to occur in relation to the purchaser and notifies the purchaser
accordingly.
13.4 If this clause applies then without prejudice to any other rights or remedies available to the supplier the supplier shall be entitled to cancel the contract or suspend any further deliveries under the contract
without any liability to the purchaser and if the goods have been delivered and not paid for the price shall become immediately due and payable notwithstanding any prior agreement or arrangements to the
contrary.
14.0 Purchasers Indemnity of Supplier
14.1 The purchaser shall indemnify the supplier against any loss liability or expenses of any kind suffered by the seller resulting from any third party claims whether contractual or tortuous statutory or otherwise
against the supplier in connection with the goods.
15.0 Suppliers Losses
15.1 The supplier accepts no liability whatsoever for any loss or damage whether consequential or direct suffered by or occasioned to the purchaser, the employees or, any agents of the purchaser or any third party
which may arise after delivery of the goods to the purchaser.
16.0 Design Rights
16.1 All design rights or intellectual properties rights associated with any work carried out by the supplier whilst working on behalf of the purchaser remain the property of the supplier.
17.0 Force Majeure
17.1 The supplier will make every effort to carry out the contract. However it will not be liable for any failure on its part to perform arising from any cause outside the supplier's control.
18.0 Limit of Liability
18.1 All the terms of this contract are warranties and in the event of any breach the supplier's liability will be limited to the contract price. All complaints must be notified to the supplier in writing within seven (7) days of
the despatch of the goods by the supplier. Any concession granted by the supplier will not act as a waiver of this provision.
19.0 Subcontracting, Assignment and Third Party Rights
19.1 The purchaser shall not be entitled to assign, charge, or subcontract or transfer the contract or any part of it without the prior written consent of the company. The company may assign, charge, subcontract or
transfer the contract or any part of it to any person.
19.2 Laws of the Contract.
20.0 Engineers/Clinical Time
20.1 TT Engineer's time £60 per hour TT Clinical Time £60 per hour
Travel time £35 per hour Travel Time £35 per hour
Mileage 49p per mile Mileage 49p per mile
20.2 All other out of pocket travel expenses to be reimbursed at cost on submission of receipt and agreed with client in advance.
20.3 VAT will be charged at standard rate unless a VAT exemption form is completed and excepted.
21.0 Product, parts & labour warranties
21.1 Manufacturers parts warranties will be fully undertaken by TT Mobility.
21.2 Labour on warranties is limited to 1 year from date of purchase.
21.3 Extended warranties can be purchased at point of sale.
22.0 Monitoring the impact on users, of new postural items or adjustments to postural equipment.
22.1 All parties (Funders, clinicians, users, care team, etc) should consider and understand the impact on users of new postural items and other new equipment supplied by TT Mobility – see below
Monitoring the impact on users, of new postural items or adjustments to postural equipment.
Making sure it works for you:
Checking that new equipment is delivering the required benefits is essential, especially in the early stages of use.
• Initial impressions can mask shortcomings which prolonged use might reveal.
• Adjustments may be required to accommodate the users sitting habits and preferences which may be difficult to accurately determine at the time of initial delivery.
• Posture can alter significantly with each change to a new position.
Monitoring: When any new postural support equipment is issued, it is essential that its effect is monitored and checked daily to ensure there are no adverse effects. In particular, any numbness, pain, loss of sensation or reddening
of the skin in any area in contact with the system should be brought to the attention of the carer, therapist or supervising medical staff to ensure prompt attention. Failure to do so may result in injury which could have
been prevented by diligent monitoring and attention.
Further guidance:
Practical guidance on the prevention and treatment of pressure sores is available from the Clinical
Practice Guideline on Pressure Ulcers in Adults: Prediction and Prevention, sponsored by the Agency for Health Care Policy and Research. Visit ElderCare Skill Builders at:
www.ec-online.net/Knowledge/SB/SBpreventsores.html
Other links:
RCN guidelines: Pressure ulcer risk assessment and prevention: http://www.rcn.org.uk/__data/assets/pdf_file/0003/78501/001252.pdf
Guidelines for seating in pressure ulcer prevention and management from Tissue Viability Society:
http://www.nursingtimes.net/nursing-practice-clinical-research/specialists/wound-care/guidelines-forseating- in-pressure-ulcer-prevention-and-management/5000207.article
EUROPEAN PRESSURE ULCER ADVISORY PANEL: www.epuap.org
The National Pressure Ulcer Advisory Panel (NPUAP): www.npuap.org
There are new international guidelines due > www.pressureulcerguidelines.org
23.0 Telephone call recording
23.1 TT Mobility may record the telephone conversation for training and quality purposes
