The terms and conditions below apply to the customer, client or purchaser of products and services provided by Duracare Limited using the trading name ‘Spearhead’.
1) All prices are correct at the time of publishing and are subject to change without notice.
2) All prices shown in this catalogue are exclusive of VAT which will be charged at the standard rate ruling at the date of supply.
3) Some goods are eligible to be zero rated for VAT. Zero rate VAT on orders can only be applied at the time of order. Requests after an order has been processed will not be accepted in accordance with HMRC guidelines. Please contact us for more information if required.
1) Orders for consumable and equipment items over the value of £100 will normally be supplied carriage paid. Carriage charges will be applied to orders below this threshold in accordance with the Companies prevailing carriage charge rates. An additional carriage contribution is chargeable to all offshore islands. Carriage charges will be applied to all orders for spare parts and furniture in accordance with the Companies prevailing carriage charge rates.
2) Any claims for damages or shortages, other than defects covered by clause 6(3), must be made within 3 working days of delivery date. Non-delivery must be advised within 7 working days of our invoice date.
3) Whilst it is our endeavour to supply items as ordered, we reserve the right to supply the nearest alternative, should your requirements not be in stock.
1) In the event of the Buyer wishing to return Goods, the Buyer must telephone the office of ‘Spearhead’, giving the reason for the return, and obtain a Returns Authorisation number, which must accompany the returned Goods. No returns will be credited without an Authorisation number.
2) Goods which have been correctly supplied and that are returned in their original packaging and in a fully re-saleable condition will be credited subject to a 15% handling charge.
3) Goods manufactured or obtained to special order, or that have been opened, damaged or otherwise rendered unfit for resale, will not be accepted as returns and must be paid for in full.
1) In the event of an approved account being opened, payment is due and owing 30 days from date of invoice; otherwise payment on delivery is required.
2) Invoice queries (other than defect claims [see clause 6 (3)], damage or shortage claims [see clause 2 (2)], and non-delivery claims [see clause 2 (2)] will only be considered if they are received by us within 10 working days of an invoice date.
3) Cheques etc. should be made payable to ‘Spearhead’.
4) Interest at 2% per month will be charged on all accounts which are overdue, and interest will run from the invoice date once default in payments occurred. We reserve the right, in our absolute discretion, to waive interest due in terms of this subclause in such circumstances as we deem fit.
5) In the event of an invoice remaining unpaid at the end of the second month following invoice date, it will automatically be passed to our lawyers for legal recovery action without further notice. Lawyer’s and Court costs incurred will be recoverable in addition to the debt itself and the interest thereon. Further supplies of goods on credit will only be resumed when the outstanding invoice(s) and all associated recovery costs have been paid.
RISK AND PROPERTY
1) Risk of damage to or loss of the Goods shall pass to the Buyer at the time of delivery to the Buyer’s premises, or, if the Buyer wrongfully fails to take delivery of the Goods, the time when we have tendered delivery of the Goods.
2) Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Terms, the property or title of the Goods shall not pass to the Buyer until we have received in cash or cleared funds payments in full of the price of the Goods and all other goods agreed to be sold by us to the Buyer for which payments is then due.
3) Until such time as the property in the Goods passes to the Buyer, the Buyer shall hold the goods as our fiduciary agent and bailee and shall keep the goods separate from those of the Buyer and third parties and properly stored, protected and insured and identified as the property of ‘Spearhead’. Until that time, the Buyer shall be entitled to resell or use the goods in the ordinary course of its business but shall account to the Seller for the proceeds of sale or otherwise of the goods, whether tangible or intangible including insurance proceeds, and shall keep all such proceeds separate from any moneys or property of the Buyer and third parties and, in the case of tangible proceeds, properly stored protected and insured.
4) Until such time as the property in the goods passes to the Buyer (and provided the goods are still in existence and have not been resold), we shall be entitled at any time to require the Buyer to deliver up the goods to one of our authorised representatives and, if the Buyer fails to do so forthwith, to enter upon any premises of the Buyer or any third party where the goods are stored and repossess the goods.
5) The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the goods which remain the property of ‘Spearhead’, but if the Buyer does so, all monies owing to us by the Buyer shall (without prejudice to any other right of remedy we have), forthwith become due and payable.
WARRANTIES AND LIABILITY
1) Subject to the conditions set out below, we warrant that the Goods will correspond with the specification at the time of delivery and will be free from defects in material and workmanship.
2) The above warranty is given subject to the following conditions:
2.1) We shall be under no liability in respect of any defect in the goods arising from any drawing, design or specification supplied by the Buyer.
2.2) We shall be under no liability in respect of any defect arising from wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow our instructions (whether oral or in writing), misuse or alteration or repair of the goods without our approval.
2.3) We shall be under no liability under the above warranty (or any other warrant, condition or guarantee) if the total price for the goods has not been paid by the due date for payment.
3) Any claim by the Buyer which is based on any defect in the quality or condition of the goods or their failure to correspond with specification, shall (whether or not delivery is refused by the Buyer), be notified to us within seven days from the date of delivery. If delivery is not refused, and the Buyer does not notify us accordingly, the Buyer shall not be entitled to reject the goods and we shall have no liability for such defect or failure, and the Buyer shall be bound to pay the price as if the goods had been delivered in accordance with the contract.
4) Except in respect of death or personal injury caused by our negligence, we shall not be liable to the Buyer by reason of any representation or implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for consequential compensation whatsoever (and whether caused by the negligence of ‘Spearhead’, our employees, agents or otherwise, which arise out of or in connection with the supply of goods or their use or resale by the Buyer, except as expressly provided in these Conditions.
5) We shall not be liable to the Buyer or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of our obligations in relation to the goods, if the delay or failure was due to any cause beyond our reasonable control.
INSOLVENCY OF THE BUYER
1) This clause applies if:
1.1) The Buyer makes any voluntary arrangement with its creditors or becomes subject to an administration or sequestration order or (being an individual or firm) becomes bankrupt or (being a company), goes into liquidation (otherwise than for the sole purpose of amalgamation or reconstruction); or
1.2) An encumbrancer takes possession, or a receiver is appointed, of any of the property or assets of the Buyer; or
1.3) The Buyer ceases, or threatens to cease, to carry on business; or 1.4) We reasonably apprehend that any of the events mentioned above is about to occur in relation to the Buyer and notify the Buyer accordingly.
2) If this clause applies, then without prejudice to any other right or remedy available to us, we shall be entitled to cancel or suspend any further deliveries without any liability to the buyer, and if the goods have been delivered but not paid for, the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.
1) We reserve the right to amend these Terms of Trading without notice and it is an express condition of trading that the latest version of these Terms shall apply to each transaction.