Personalised Goods – Terms & Conditions
We reserve the right to change the design of goods or parts thereof without notice. All illustrations, descriptions and dimensions published in respect of goods are typical only and not binding.
All representations as to performance of the goods relate to their performance in normal conditions and
when used correctly.
The supply of goods by Us that are made to your specifications or clearly personalised (Personalised Goods) are exempt from the cancellation requirements contained within the Consumer Contracts (Information, Cancellation and Additional Changes) Regulations 2013 (SI 2013/3134) (Regulations).
This means that unfortunately for Personalised Goods (Customised Hearing Instruments i.e. ER Series, NoiseBarrier, SnorePlug, WaterBarrier, PreciseSound, Custom Earmoulds etc) you will not be able to cancel an order once the contract exists.
COPYRIGHTS & PATENTS
All drawings, plans, sketches, specifications and other documents and materials relating to goods produced by or for us are our property. All intellectual property rights in or relating to the goods (including without limitation copyright & patents) belong to and are reserved by us and neither the customer nor any other person, firm or corporation shall have any right or licence to reproduce or use the same for the repair of the goods or for any other purpose whatsoever without our prior written consent. All information relating to the goods (other than information in the public domain) is confidential and any disclosure to any third party requires our prior written consent.
DAMAGE OR LOSS IN TRANSIT
We advise that carriers receipts should be signed ‘unexamined’. Claims in respect of carrier’s liability must be notified to the carrier and ourselves within three days of receipt of a delivery in the case of damaged or shortage and within 14 days of the invoice date in the case of non or incomplete delivery.
In the event of failure to give notice within the aforementioned period, the goods will be deemed to be in all respects as invoiced and we will not accept any responsibility for such claims.
Any conditions or warranties (whether express or implied by statute, common law or arising from conduct or a previous course of dealing or trade custom or usage) as to the quality or fitness of the goods for any particular purpose or that the goods will correspond with any description or sample are hereby excluded.
In substitution for all rights which the buyer would or might have had but for these conditions we will replace free of charge or repair at our option any goods to be faulty in material or workmanship within one year of the date of despatch, providing no attempt has been made to alter, dismantle or rectify in any way and providing the goods have been used for the purpose for which they were designed. Before we become liable under this guarantee, the defective goods or parts must be delivered carriage paid to our works at the customers risk. We shall not be liable for any costs, claims, damages or expenses arising out of breach of contract or statutory duty calculated by reference to profits, income, production or accruals or loss of such profits, income, production or accruals or by reference to accrual of such costs, claims, damages or expenses on a time basis. Nothing herein shall have the effect of excluding or restricting our liability for death or personnel injury resulting from our negligence in so far as the same is prohibited by United Kingdom stature. The guarantee does not cover Misuse, Accidental Damage, Blockage due to Wax or Debris in the Personalised Goods, Improper or Unauthorised Handling, Modification, Repair or Negligence.
Personalised Goods such as ER Series, NoiseBarrier, SnorePlug, WaterBarrier, PreciseSound, Custom Earmoulds etc have components, materials & noise filter inserts guaranteed for 1 Year from date of invoice and the manufacturing & fit is guaranteed for 30 calendar days from date of invoice.
PASSING OF TITLE & RISK
From the time of delivery, the goods shall be at the risk of the customer who shall be solely responsible for their custody and maintenance as if they were the owner. But, ownership or title of the goods shall remain our property until all payments due under the contract made between us and the customer have been made in full and unconditionally.
TERMS OF PAYMENT
Time for payment is of the essence and if payment is not made within 30 days from the date of the invoice by account customers then we reserve the right to require the customer to pay interest per month from the date of the invoice compounded monthly. Without prejudice to any other rights, interest may be charged at 2% above the then current Bank Rate of the National Westminster Bank PLC on overdue payments. Should the customer go into receivership or liquidation, all sums due to us shall become due for immediate payment. Additionally, we will be entitled to charge (in addition to any legal costs ordered by any court and without prejudice to any other rights or remedies available to us) the sum of £75 by way of liquidated damages and as contribution to the administration costs incurred by us in taking steps to secure payment. Unless otherwise agreed in writing, all payments are to be made in sterling to our address as stated on the invoice.
We shall not be liable for any failure in performing any obligation through any circumstances beyond our control including but not limited to strikes, lock-outs, war, fire, flood, civil disturbance, embargoes, failure of power supply, breakdown of plant or machinery, unavailability of raw materials or components and in such event we may elect by written notice to cancel any agreement with the customer or elect that the item for performance shall be extended until such a time as we can reasonably effect such a performance.
If the customer shall be in breach of any of these conditions, then failure by us to require the customer to rectify the same, shall not create any assumption that such breach has been waived. Any contract of sale shall in all respects be constructed and operate as an English contract and in conformity with English Law and the parties agree to submit to the non-exclusive jurisdiction of the English Courts.
Reference: TC1 . Document Number: 1 . Version Number: 2 Date: 10/8/17