Terms & Conditions

Hospital Cubicle Track is a trading name of Haywoods Contracts Ltd.

Our full, job-specific terms will be provided with quotations and on order.

Please note that parcels should be thoroughly checked on delivery, and if found to have received damage, signed as "damaged". Failure to do so may make any carrier-related claims impossible.

Terms & Conditions of Trading with Haywoods Contracts Ltd

The buyer's attention is in particular drawn to the provisions of condition 12.4.

1. Interpretation

1.1 The definitions and rules of interpretation in this condition apply in these conditions. Buyer: the person, firm or company who purchases the Goods and/or Services from the Company. Company: Haywoods Contracts Ltd. Contract: any contract between the Company and the Buyer for the sale and purchase of the Goods and/or provision of Services, incorporating these conditions. Delivery Point: the place where delivery of the Goods is to take place under condition 4. Goods: any goods agreed in the Contract to be supplied to the Buyer by the Company (including any part or parts of them). Services: any installation services agreed in the Contract to be supplied to the Buyer by the Company.

1.2 A reference to a particular law is a reference to it as it is in force for the time being taking account of any amendment, extension, application or re-enactment and includes any subordinate legislation for the time being in force made under it.

1.3 Words in the singular include the plural and in the plural include the singular.

1.4 A reference to one gender includes a reference to the other gender.

1.5 Condition headings do not affect the interpretation of these conditions.

2. Application of Terms

2.1 Subject to any variation under condition 2.3 the Contract shall be on these conditions to the exclusion of all other terms and conditions (including any terms or conditions which the Buyer purports to apply under any purchase order, confirmation of order, specification or other document).

2.2 No terms or conditions endorsed on, delivered with or contained in the Buyer's purchase order, confirmation of order, specification or other document shall form part of the Contract simply as a result of such document being referred to in the Contract.

2.3 These conditions apply to all the Company's sales and any variation to these conditions and any representations about the Goods and/or Services shall have no effect unless expressly agreed in writing and signed by the Sales Director of the Company. The Buyer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of the Company which is not set out in the Contract. Nothing in this condition shall exclude or limit the Company's liability for fraudulent misrepresentation.

2.4 Each order or acceptance of a quotation for Goods and/or Services from the Company shall be deemed to be an offer by the Buyer to buy Goods and/or Services subject to these conditions.

2.5 No order placed by the Buyer shall be deemed to be accepted by the Company until a written acknowledgement of order is issued by the Company or (if earlier) the Company delivers the Goods to and/or carries out the Services for the Buyer.

2.6 The Buyer shall ensure that the terms of its order and any applicable specification are complete and accurate.

2.7 Any quotation is given on the basis that no Contract shall come into existence until the Company despatches an acknowledgement of order to the Buyer. Any quotation is valid for a period of 60 days only from its date, provided that the Company has not previously withdrawn it.

3. Description

3.1 The quantity and description of the Goods and/or Services shall be as set out in the Company's quotation or acknowledgement of order.

3.2 All samples, drawings, descriptive matter, specifications and advertising issued by the Company and any descriptions or illustrations contained in the Company's catalogues or brochures are issued or published for the sole purpose of giving an approximate idea of the Goods described in them. They shall not form part of the Contract and this is not a sale by sample.

4. Delivery

4.1 Unless otherwise agreed in writing by the Company, delivery of the Goods shall take place at the time the Goods have been unloaded at the delivery address nominated by the Buyer.

4.2 The Buyer shall take delivery of the Goods within 30 days of the Company giving it notice that the Goods are ready for delivery.

4.3 Any dates specified by the Company for delivery of the Goods or commencement or duration for performance of the Services are intended to be an estimate and time for delivery and/or performance shall not be made of the essence by notice. If no dates are so specified, delivery and/or performance shall be within a reasonable time.

4.4 Subject to the other provisions of these conditions the Company shall not be liable for any direct, indirect or consequential loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods or performance of the Services (even if caused by the Company's negligence), nor shall any delay entitle the Buyer to terminate or rescind the Contract unless such delay exceeds 60 days.

4.5 If for any reason the Buyer fails to accept delivery of any of the Goods when they are ready for delivery, or the Company is unable to deliver the Goods on time because the Buyer has not provided appropriate instructions, documents, licences or authorisations: (a) risk in the Goods shall pass to the Buyer; (b) the Goods shall be deemed to have been delivered; and (c) the Company may store the Goods until delivery, whereupon the Buyer shall be liable for all related costs and expenses.

4.6 If the Company delivers a quantity of Goods of up to 5% more or less than the quantity accepted, the Buyer shall not be entitled to object to or reject the Goods by reason of the surplus or shortfall and shall pay for such goods at the pro rata Contract rate.

4.7 The Company may deliver the Goods by separate instalments. Each separate instalment shall be invoiced and paid for in accordance with the provisions of the Contract.

4.8 Each instalment shall be a separate Contract and no cancellation or termination of any one Contract relating to an instalment shall entitle the Buyer to repudiate or cancel any other Contract or instalment.

5. Cancellations and Returns

The Buyer shall not be entitled to cancel any Contract or return Goods for refund without the prior written consent of the Company (which will be at the absolute discretion of the Company) and payment of a handling charge of 20% of the Price in respect of ex-stock items and in the case of made-to-measure items a percentage of the Price dependent upon the stage of manufacture reached at the point of cancellation.

6. Non-Delivery

6.1 The quantity of any consignment of Goods as recorded by the Company upon despatch shall be conclusive evidence of the quantity received by the Buyer on delivery unless the Buyer can provide conclusive evidence proving the contrary.

6.2 The Company shall not be liable for any non-delivery of Goods unless the Buyer gives written notice to the Company of the non-delivery within 7 days of the date when the Goods would in the ordinary course of events have been received.

6.3 Any liability of the Company for non-delivery shall be limited to replacing the Goods within a reasonable time or issuing a credit note at the pro rata Contract rate against any invoice raised for such Goods.

7. Installation

7.1 The Buyer shall be solely responsible for ensuring that its site and adequate and safe access thereto is ready for installation of the Goods. Fixing points must be adequate for the proper and secure installation of the Goods. The Buyer must pay for the cost of any modification to its site or the Goods that is required to enable the Goods to be properly installed.

7.2 The Buyer shall be solely responsible for all ancillary work required and costs incurred in connection with installation of Goods, including access, scaffolding hire, electrical work, decorating, or making good.

7.3 The Buyer shall advise the Company of any hidden obstruction (including electricity, telephone and other communications cables and water, gas and drainage pipes) that may be encountered during installation of the Goods. The Company will not be liable for any damage to any structure, surface or service.

8. Risk and Title

8.1 The Goods are at the risk of the Buyer from the time of delivery.

8.2 Ownership of the Goods shall not pass to the Buyer until the Company has received in full all sums due to it in respect of the Goods and all other sums which are or which become due to the Company from the Buyer on any account.

8.3 Until ownership of the Goods has passed to the Buyer, the Buyer shall: (a) hold the Goods on a fiduciary basis as the Company's bailee; (b) store the Goods separately from all other goods; (c) not destroy, deface or obscure any identifying mark or packaging on or relating to the Goods; and (d) maintain the Goods in satisfactory condition and keep them insured on the Company's behalf for their full price.

For any queries regarding these terms, please contact us.