furniture for demanding environments

1. Prices
(a) All prices quoted herewith for Endura products, Sensory and Soft Play products do not include carriage.

(b) All prices quoted herewith for Specialist Adult and Children´s chairs and any accessories ordered with them include carriage to UK mainland.

2. Prices are in the currency indicated in the current price list excluding VAT that will automatically be added to invoices unless a VAT exemption form accompanies the order.

3. Orders from private individuals will only be accepted if payment in full accompanies the order.

4. If colour is not specified on the order, stock colours may be sent at our choice.

5. Application
These Conditions apply to all sales of goods by (The Kirton Healthcare Group Ltd (“the Seller”) to any purchaser (“the Buyer”) and shall prevail over and apply to the exclusion of any terms or conditions contained or referred to in the Buyer´s order, or in correspondence or elsewhere or implied by trade custom practice or course of dealing unless specifically agreed to in writing by a director or other authorised representative of the Seller. Any purported provisions to the contrary are hereby excluded.

6. Quotations and Acceptance
Quotations given by the Seller may be withdrawn or revised at any time prior to the Seller´s acceptance of the Buyer´s order.

7. Prices
(a) The prices payable for the goods shall be those contained in the Seller´s list prices current at the time of despatch. The Seller may at any time revise its prices to take into account changes in costs including (without limitation) costs of any goods, materials, carriage, labour or overheads, the increase or imposition of any tax duty or other levy and any variation in exchange rates.

(b) Unless otherwise specified VAT and any other tax or duties payable by the Buyer shall be added to the price.

8. Terms of Payment
(a) Payment of invoices shall unless otherwise agreed in writing be made in full without any deduction or set-off within 30 days of the date of invoice.

(b) Any extension of credit allowed to the Buyer may be changed or withdrawn by the Seller at any time.

(c) Interest shall be payable on overdue accounts at the rate of 2% per month to run from the due date for payment thereof until receipt by the Seller of the full amount whether or not after judgement.

9. Delivery
(a) Whilst every effort will be made to meet delivery dates mentioned in any quotation, acknowledgement of order or elsewhere, such dates are approximate only and not of any contractual effect and the Seller shall not incur any liability by reason of failure to deliver on any particular date or dates.

(b) If the Buyer refuses or fails to take delivery of goods tendered in accordance with the contract, the Seller shall be entitled to immediate payment in full for the goods so tendered. The Seller shall be entitled to store at the risk of the Buyer any goods of which the Buyer refuses or fails to take delivery and the Buyer shall in addition to the purchase price pay all costs of such storage and any additional costs incurred as a result of such refusal or failure. The Seller shall without prejudice to its other rights be entitled after the expiration of 3 months from the date upon which the price became payable to dispose of the goods in such a manner as the Seller may determine.

(c) Where the Buyer requires goods to be installed and the Seller is unable to proceed on the dates agreed by the Buyer and Seller due to the Buyer´s default or delay then in addition to the price will be a surcharge of 10% of the Contract price.

10. Risk
Risk shall pass on delivery.

11. Title
(a) Full and complete title to the goods shall remain the Seller until payment in full of the price therefore. Until such payment the Buyer shall have possession of the goods as bailee for the Seller and shall store the goods in such a way as to enable them to be identified as the property of the Seller, provided that if the Buyer is purchasing the goods for resale the Buyer may in the ordinary course of its business sell and deliver the goods to a third party on condition that until such payment as aforesaid the Buyer shall hold all proceeds of such sales in trust for the Seller and in a separate account. The Buyer hereby also undertakes in any such case forthwith upon being so requested by the Seller to assign to the Seller all rights and claims which the Buyer may have against its customers arising from such sales until payment is made in full as aforesaid.

(b) The Seller reserves the right to repossess any goods in respect of which payment is overdue and thereafter to re-sell the same and for this purpose the Buyer hereby grants an irrevocable right and licence to the Seller´s servants and agents to enter upon all or any of its premises with or without vehicles during normal business hours. This right shall continue to subsist notwithstanding the termination of the contact for any reason and is without prejudice to any accrued rights of the Seller thereunder or otherwise.

12. Variations
The Seller shall be deemed to have fulfilled its contractual obligations in respect of any delivery though the quantity may be up to 10% more or less than the quantity specified in the contract and in such event the Buyer shall pay for the actual quantity delivered.

13. Third Party Rights
The Buyer shall indemnify the Seller against any and all liabilities, claims and costs incurred by or made against the Seller as a direct or indirect result of the carrying out of any work required to be done on or to the goods in accordance with the requirements or specifications of the Buyer involving any infringement or alleged infringement of any rights of any third party.

14. Specifications
Unless expressly agreed in writing by the Seller, all drawings, designs, specifications and particulars of weights and dimensions submitted by the Seller are approximate only and the Seller shall have no liability in respect of reasonable deviations therefrom. The Seller accepts no responsibility for any errors, omissions or other defect in any drawings, designs or specifications not prepared by or on behalf of the Seller and the Seller shall be indemnified by the Buyer against any and all liabilities and expenses incurred by the Seller