ALERT-IT CARE ALARM SYSTEM LIABILITY, WARRANTY DETAILS & TRIAL-PERIOD OFFER
The Alert-it Care Systems are, in general, Class 1 Medical Devices and are intended to assist in the care monitoring of patients at risk from a range of conditions. The total system, hardware and radio link concept have all been designed to minimise the risk of a system or component failure leaving a patient at risk without the knowledge of the carer. Using the system should reduce the possibility of an alarm condition being undetected and will therefore enhance personal vigilance. They do not replace the need for active care staff. We are always available to give advice on the correct installation and operation of the alarm systems to optimise the protection.
However, no guarantee can be given that an alarm condition could not be missed, and no liability can be accepted in the event of such a situation.
Should any communication component fail within 3 years from the date of purchase, repair will be free of charge if the unit is returned to the repair centre. In order to use this service please contact us on 01530 239 900 and we will be happy to issue you with a Return Authorisation. Repairs after that date may be free of charge at the discretion of iTs Designs Ltd, and this will be influenced by the availability of parts or restrictive legislation. The same warranty will apply to sensors wherever possible. However, some have a limited life (e.g. Bed Occupancy Pads and Floor Mats), while others cannot be accepted for return for hygienic reasons (e.g. Urination Sheets). Please consult the supplier at the time of purchase for full details.
The following exclusions will apply:
* Damage due to misuse or careless handling
* Excessive wear & tear in use
* Attempted unauthorised repairs
* Battery replacement
* Sensors offered with a limited life guarantee
The above warranty is offered as an extra benefit and is in addition to your statutory rights.
All repairs will be completed in the timeliest manner possible to ensure continued user protection.
All repairs beyond those attributed to warranty conditions will be charged for at the cost of materials and labour. For the more usual failures, (e.g. broken leads & connectors) a price list is available on request.
Buy-back and returns policy for Alert-it Alarm Systems
The Alert-it Systems have been designed to offer improved monitoring of distressful conditions as a supplement to personal vigilance. The detection method is generally simple to use but also adjustable to cater for a variety of needs. Such adjustment may, however, need some trial period, during which we will be pleased to give any technical support needed, by phone or E-mail, as appropriate.
However, there will be situations that elude reliable detection. In which case we guarantee to refund the full purchase price on any system returned undamaged within the first 30 days. You will only be liable for the postage. After 30 days and up to 60days (2 months) from purchase, you may still return the system for a 75% refund. Again, you will need to pay the postage back to us. The cost of repair of any damage will be deducted from any refund due, and for the normal wear & tear repairs a full price list is available. The only exception to this policy is sensors that would pose an infection risk if returned (e.g. sensors from our Comf-iT range and bed mats).
Terms & Conditions for the supply of goods & services by iTs Designs Ltd and all subsidiaries
IMPORTANT: ITs Designs Ltd is a company involved in the sale to Private Individuals, Care Homes, Hospitals and Care Professionals (the Carer) of alarms systems and components to aid in the vigilant care of vulnerable children and adults (the User). Please read the wording of this Agreement carefully as it contains the terms and conditions (“the Conditions”) upon which iTs Designs Ltd (Company number 04628666) at Atherstone House, Merry Lees Industrial Estate, Desford, LE9 9FE (“us”/”we”/”our”) contracts with you (“You”/”Your”/”Yourself”) for the sale of the Goods. In this Agreement, “Goods” means the goods described for sale in Our catalogue or other promotional literature or on Our website which We supply to You in accordance with the Conditions.
All orders are accepted by Us subject to the following Conditions:
1.1. All orders for the Goods shall be placed by telephone, post or email.
1.2. All orders will be acknowledged by e mail
The acknowledgement acts as confirmation that the order has been reviewed and the Goods supplied are as per the order requirements. The acknowledgement also provides a 24-hr window after which Goods Supplied will be as per the order.
Should any amendment be initiated by the customer within the above window – this shall be subject to a new Purchase Order being received.
Where specifically requested by the customer, electronic acknowledgement will not be sent -however in this instance a hard copy will be despatched with the Goods.
1.3. All orders for the Goods shall be subject to these Conditions, which shall take precedence over any other terms and conditions mentioned on any purchase order issued by You.
1.4. If any of item ordered is out of stock, you will be advised within 48 working hours of receiving Your order. In such circumstances, you will be offered an alternative product (at its currently advertised price) if one is available, or You may cancel Your order.
2.1. Payment is due at the time of submitting Your order for the Goods. Customer with an agreed credit account, will be invoiced for the Goods on or soon after dispatch. In this case, payment is due 30 days after the date stated on the invoice.
2.2. Invoice payment are managed in accordance with Document Q1117.
2.3. If You fail to make pay for the Goods by the Due Date, we have the right to charge interest on the outstanding balance calculated on a daily basis at the rate of 8% per annum above the then current base lending rate of the Bank of England.
2.4. Prices quoted for the Goods are exclusive of VAT and current at the time of publishing. While every endeavour will be made to maintain them at their present low level, we reserve the right to effect changes, at any time prior to Your order being accepted, without prior notice (including, in particular, in the event of exchange rate variations).
2.5. If any sum of money is due from You, the same may be deducted from any sum then due or which at any time becomes due to You under this or any other Agreement between Us and You.
3. OWNERSHIP OF THE GOODS
3.1. Ownership of the Goods delivered or to be delivered by Us will only be transferred to You when We have received cash or cleared funds in full payment of all sums owing to Us in respect of the Goods.
3.2. Until payment is made as afore said You must store the Goods in such a way that they are clearly Our property.
3.3. Until ownership has passed to You, we retain full legal and beneficial title to the Goods and reserve the right at any time to require You to deliver up the Goods to Us and, if You fail to do so, forthwith upon Our request, to enter upon any of Your premises or of any third party where the Goods are stored and repossess the Goods.
3.4. Where ownership in the Goods has not yet passed to You. You may be entitled (but only with our prior written approval) to sell the Goods either in their original state or incorporated into other products acting as Our agents. In these circumstances the title to the Goods shall remain with Us, and You shall remain fully accountable to Us for the proceeds of the sale thereof.
4.1. We shall despatch Goods by first class post or carrier to UK based customers (see 4.3 below in relation to export costs).
4.2. Orders under the value of £35 will incur a delivery and admin charge. The admin charge is fixed at £5, delivery options as per 4.1 will be offered.
4.3. Time for delivery shall not be of the essence of this Agreement. We shall use reasonable endeavours to deliver by the date specified but We shall be under no liability whatsoever for delay in delivery or the consequence thereof however caused, and You hereby waive irrevocably all Your rights and remedies (if any) in respect of any loss or damage suffered or incurred directly or indirectly because of any late delivery of the Goods.
4.4. Export Orders – Freight and insurance is charged extra at cost and will be shown clearly on any quotation and invoices. Please contact Our Export Department for a quotation. If the Goods are subject to import duties and/or taxes for overseas orders, you will solely bear these costs.
For items that are to be returned for reasons not covered in our buy back policy.
5.1. You may cancel and return Your order within 30 days of purchase. You must notify Us by email to email@example.com, We will send you a returns number, which need clearly labelling on the outside package.
5.2. You must return the products in the same condition that they were in when they were dispatched.
5.3. You will be liable for the cost of returning the product and a testing and restocking charge. **
5.4. The cost of the test and restocking will be deducted from the refund due.
5.5. For goods to be retuned in accordance to 5.2 but from 31 to 60 days you will be subject to 25% charge for the goods returned.
5.6. For goods to be retuned in accordance to 5.2 but from 61 to 90 days you will be subject to 50% charge for the goods returned.
5.7. We will not accept the return of good after 91 day of date of invoice.
** 5.3 will be wavered if agreed under a separate contract. The customer will still be liable for the cost of returning the items.
6. COPYRIGHTS AND PATENTS
6.1. Goods and material contained in Our website and Our catalogue may be the subject of patents, copyright, design, trade mark or other intellectual property rights and all such rights are reserved by Us. We make no representation or warranty as to whether Your use of or dealing with the Goods (or any part or component thereof) either will or will not infringe such rights. Without limiting the generality of this statement, we do not grant nor purport to grant to You any licence, permission or authority in respect of such rights and You acknowledge and agree to satisfy Yourself in respect of such matters. We accept no liability for infringement of any such rights.
6.2. Reproduction in part or whole of Our catalogue or Our Website without Our prior written consent is strictly prohibited.
7.1. Subject to the remaining provisions of this Clause 7, all Goods except those whose return could pose a health hazard (eg enuresis sheets) are guaranteed free from defect caused by faulty materials or workmanship for a period of the publicized life of the product or three years (whichever is the shorter) from the date of despatch by Us (the “Guarantee”).
7.2. The Guarantee in clause 7.1 is given provided that:
1. We are promptly notified in writing upon discovery by You that the Goods are defective due to faulty materials or workmanship;
1. the Goods to which the claim refers are returned to Us within 3 years from the date of despatch by Us (the “Guarantee Period”) suitably packed, carriage prepaid and accompanied with proof of purchase (delivery note or invoice) and details of the nature of the defect; and
1. examination by Us of the Goods in question confirms that the alleged defect has not been caused by misuse, neglect, method of storage, faulty installation, handling, testing or repair, by alteration or accident or by any other cause listed in clause 7.3(b)(i) to (iv) below.
7.3. We are not liable under this Guarantee:
1. if the total price for the Goods has not been paid by the Due Date; or
1. for any defect arising from:
1. fair wear and tear, wilful damage, negligence, misuse, or repair of the Goods without Our approval;
1. any use of or dealing with the Goods in a manner which could not reasonably be expected having regard to their normal purpose;
1. any use of or dealing with the Goods in conjunction with any other item where such item causes or gives rise to the alleged defect; or
1. any use of the Goods which is not in accordance with the manufacturer’s operating or user instructions or
1. any failure to service or maintains the Goods in accordance with the manufacturer’s instructions.
7.4. The Guarantee shall not be affected by and no obligation or liability shall result from providing technical advice or service in connection with Your order for the Goods.
7.5. Software programs are supplied by Us on Your strict understanding that the licensor/supplier of the software has made best endeavours, without guarantee, that the contents of the software is free from errors, viruses, or omissions.
7.6. Our liability under the Guarantee shall be limited to replacing, repairing or issuing credits at Our option for any Goods returned within the Guarantee Period.
8. LIMITATION OF LIABILITY
8.1. Subject to clauses 8.3 and 8.4 below and save as otherwise expressly provided in this Agreement, all warranties, conditions, or other terms, whether express or implied by statute or common law or otherwise, are excluded or limited fully permitted by law. We make no representation or warranty that the Goods are either of satisfactory or merchantable quality or fit for any purpose or that they conform to any description. You acknowledge and agree that You have relied upon Your own skill and judgement in selecting the Goods.
8.2. Subject to clauses 8.3 and 8.4 and to the Guarantee given in accordance with clause 7, and to the full extent permitted by law We exclude all liability for any loss, damage or expense howsoever suffered or incurred by You as the direct, indirect or consequential result of the Goods either not being of satisfactory or merchantable quality, or fit for any purpose, or conforming to any description and You hereby irrevocably waive all rights and/or remedies (if any) which You may have or have had in respect of such loss, damage or expense and/or in respect of any breach or default of any warranty implied by statute, equity or common law concerning the quality, fitness or description of the Goods.
8.3. Clauses 8.1 and 8.2 do not apply where You deal as a Consumer to the extent that such exclusions or limitations are not permitted by law.
8.4. Nothing in these Conditions shall limit Our full liability in respect of death or personal injury caused by Our own negligence.
8.5. We shall not be liable for incidental or consequential damages for any breach hereof, including but not limited to costs of removal and re-installation of Goods, loss of goodwill, loss of profits or loss of use.
8.6. In placing any order, you expressly confirm that you have understood our published liability as regards death or injury of the User which could arise from a failure to perform. All our alarm products are offered to provide a method for Carers to improve their vigilance to the onset of potentially dangerous health conditions, on a statistical basis. There is no guarantee that every such condition will be detected or communicated.
9. COMMERCIAL TOLERANCES
Dimensions and other physical characteristics of the Goods are subject to normal commercial tolerances. Unless otherwise stated. Electrical ratings represent safe working limits.
10.1. We reserve the right to discontinue any product, or make design changes to product specifications, or use different suppliers or manufacturers to those stated in Our catalogue or other promotional material or on Our website, without prior notice, as part of Our continuous process of product and service improvement, or to improve product availability. The information contained in Our catalogue or other promotional material or on Our website is correct to the best of Our knowledge at the time of going to press. All images are used for illustration purposes only.
10.2. iTs Designs Ltd operates a quality control procedure in line with the requirements of offering Medical Devices Class 1 to 93/42/EEC. A Certificate of Conformance can be supplied when required for products conforming to that standard.
10.3. If any provision of this Agreement is held by any competent authority to be invalid or unenforceable in whole or part the validity of the other provisions of this Agreement and the remainder of the provision in question shall not be affected.
10.4. We shall not be liable to You for any delay or failure to perform any of Our obligations hereunder which is due to causes or circumstances beyond Our reasonable control, including (without limitation) acts of civil or military authority, national emergencies, fire or flood, acts of God, war or riots, actions or omissions of third parties.
10.5. This Agreement including the order is the complete and exclusive statement of the contractual relationship between the parties, which supersedes all prior proposals, understandings, agreements, or representations between the parties relating to this Agreement except in respect of any fraudulent misrepresentation made by either party.
10.6. We reserve the right to randomly monitor and record inbound and outbound calls.
10.7. No delay, neglect or forbearance on Our part in enforcing Our rights against You shall be construed as a waiver or in any way prejudice any of Our rights hereunder.
10.8. Where appropriate, health and safety data will be supplied with the Goods. Further information is available upon request.