Page 822 - 2019-Performance-Health-UK-Product-Guide
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                 Terms & Conditions
1. Parties
a) The “Company” means Performance Health International Limited.
b) The “Customer” means the person, firm or company as shown on the Order buying Goods from the Company and any person to whom or for the benefit of whom the Goods may be delivered.
c) The “Goods” means the goods described on our invoice, proposal, quotation or order acceptance form.
2. Interpretation
a) A person includes a natural person, corporate or unincorporated body (whether having a separate legal personality).
b) A reference to a party includes its personal representatives, successors or permitted assigns.
c) A reference to a statute or statutory provision is a reference to such statute or provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted.
d) Any phrase introduced by the terms including, include, or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.
e) A reference to writing or written includes faxes (and emails).
3. Orders
a) All orders for Goods (“Orders”) are to be sent to the address stated in section 26 of these Terms and Conditions.
b) VAT Exemption – Customers who qualify for exemption from paying VAT should include a valid VAT exemption certificate (or other documentation approved by UK Customs and Excise for the purpose) with each Order.
c) These conditions apply to any contract formed by the Company’s acceptance of the Customer’s order (a “Contract”) and apply to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing. An Order constitutes an offer by the Customer to purchase the Goods in accordance with these conditions. The Customer is responsible for ensuring that the terms of any Order are complete and accurate. An Order shall only be deemed to be accepted when the Company issues a written
or verbal acceptance of an Order, at which point a Contract shall come into existence.
d) Any Contract constitutes the entire agreement between the parties. The Customer acknowledges that it has not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of the Company which is not set out in a Contract.
e) The minimum order value for International Orders is £550 excluding tax,
net of discounts and freight. Orders placed below this value will incur a surcharge of £40. Any orders submitted or variations made verbally must be confirmed in writing within five days.
4. Quotations
Any estimate or quotation provided by the Company shall comprise an invitation to treat and will remain open for acceptance for the period stated on the published estimate, provided that the Company has not previously withdrawn it by written notice prior to acceptance, or otherwise agreed.
5. Specification
Every effort is made to ensure that the Company’s catalogue, product descriptions and illustrations are clear and accurate. All colours and
sizes are approximate. The reproduction of colours is as accurate as photographic and printing processes allow. Due to our policy of continual improvement some products may vary from those described. The Company reserves the right to amend the specification, construction and/or design of Goods without prior notice.
6. Prices
a) All prices quoted for Goods are exclusive of Value Added Tax which will be paid in addition. VAT won’t be payable where exempt e.g. Channel Islands.
b) The Company reserves the right to vary the price of the Goods to take account of any increases in the cost of raw materials, manufacture, packing, transport, wages or otherwise.
c) Prices charged will be those effective at the date of receipt of the Customer’s Order.
d) All prices quoted for International orders are Ex Works.
7. Payment
a) Unless the Company otherwise agrees in writing, settlement of the Company’s invoices is due in full within 30 days of date of invoice to the Company, at the address below. For new Customers without a credit account please contact Customer Services.
b) Customers requiring a Credit Account are required to initially complete and sign a Credit Account Application form available from either Customer Services or www.performancehealth.co.uk.
c) The Company reserves the right to charge interest on all overdue payments and outstanding balances at the rate of 8% per month above the bank of England base rate per government legislation.
d) The Customer shall not be entitled to withhold or set off payment either wholly or in part once the same has become due except where expressly agreed in writing with the Company.
8. Delivery / Handling Charges
a) Unless the Company otherwise agrees in writing, delivery shall be made to a ground floor location at the address specified in the Order.
b) Stated delivery times are no more than an estimate on the part of the Company and shall not be binding upon the Company, which shall not be liable for any costs or damage caused by reason of any delay in delivery.
c) Orders received before 17.00hrs Monday to Friday will be shipped by the next working day for UK customers that do not have overdue balances. Delivery of parcel consignments is normally within 48hrs from point of despatch for UK mainland and may vary from the standard lead time for other areas. This is subject to Goods being in stock and does not apply to supplier delivered, made to order, over size or non-stock items and UK bulk order or International consignments.
d) If you require a same day or guaranteed next day delivery service contact our Customer Service team
For clarification, please check the status of the Goods at time of making an Order. The Company does not accept any liability for Goods not despatched on the same day nor does it give any guarantee regarding the actual delivery time or date.
e) The Company reserves the right to make delivery by instalments and to tender a separate invoice in respect of each instalment.
f) Goods exported to the Channel Islands will be zero-rated for Value Added Tax.
g) Unless otherwise agreed, Delivery and Handling charges will apply,
please contact Customer Services or visit www.performancehealth.co.uk for prevailing rates. Oversize items are subject to additional delivery and handling charges, regardless of the value of the order, please contact customer services for details. The Company reserves the right, to vary the delivery & handling charges to take account of any increases in the cost of raw materials, manufacture, packing, courier costs, added fuel surcharges, wages or otherwise.
h) Please note that Made to Order and Non-stock products signified by a
in the catalogue are delivered direct from our manufacturers and will be despatched and invoiced separately. Delivery times for these items may vary from our standard terms. These items are non-returnable. For clarification, please check the status of the Goods at time of order.
i) Oversize, Made to Order and Non-stock products are delivered to a ground floor location and are not installed in-situ, should additional delivery or installation services be required they must be specified at time of order and may be subject to additional costs and subject to availability.
j) Carriage on Oversize items / orders to the Channel Islands, Isle of Man and Scottish Highlands and Islands, may be subject to additional freight charges to the standard rates quoted. Please check rates with Customer Services at time of order. The company accepts no liability for courier delays as a result of force majeure.
k) For International Orders, the company requires official documentary evidence (for each shipment) that the goods have been exported from the UK in the form of a Certificate of Shipment, Air Waybill, Bill of Lading, CMR etc.
9. Cancellations, Notice of Damage, Defect, Non-Delivery, or Incorrect Delivery
a) The Customer should check all Goods it receives against the Order on receipt of the delivery. If the Goods are damaged or incorrectly supplied on delivery then you must inform the Company (by phone, email or in writing within 3 days of your delivery quoting both the customer number and the delivery note number. The Company reserves the right to inspect any Goods reported as faulty before providing a refund or replacement.
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www.performancehealth.co.uk for Prices & Full Range of Products
Terms & Conditions
 












































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