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1.0 Introduction

1.1 Parties:

These Terms and Conditions of Service (“Terms”) apply to the supply of goods and/or services (“Services”) by NH Maintenance Ltd (“NHM”) with a registered address of NHM Consort House, Jubilee Road, Victoria Business Park, Burgess Hill RH15 9TL, United Kingdom (“Company Address”) to the customer (“Customer”).

1.2 Services:

Services offered by NHM include (but are not limited to):

  • Preventive maintenance of medical equipment.
  • Repairs of medical equipment.
  • Emergency call-outs for medical equipment.
  • Inspections of medical equipment.
  • Certifications of medical equipment (if applicable).

1.3 Definitions:

• Contract: A written, oral, tacit, or implied agreement between NHM and the Customer to supply Goods and/or Services.
• Goods: New equipment, Materials or spare parts used to service medical equipment.
• Medical Equipment: Any equipment used

2.0 Acceptance of Terms

2.1 Binding Agreement:

These Terms apply to every sales Contract and sale of Goods or Services between NHM and the Customer. NHM expressly rejects any conflicting terms from the Customer’s order.

2.2 Formation of Contract:

A Contract is only formed upon an order placed in writing by theCustomer and accepted by NHM (written or by overt act of acceptance).

2.3 Confirmation Orders:

Confirmation orders must be marked as such by the Customer. Unmarked orders will be considered original by NHM.

3.0 Pricing and Payment

3.1 Quotations:

Prices quoted by NHM will have a validity period stated in the quotation. NHM reserves the right to adjust prices without notice.

3.2 Payment Terms:

  • Unless credit facilities have been granted in writing, payment in full is due upon placement of the order or upon delivery (as agreed).
  • If credit facilities are granted, invoices must be paid by the agreed due date (typically, end of the month following the invoice date).
  • Late payments will incur a late payment fee of [Specify percentage]% per month.
  • Payment by cheque is not considered received until the cheque clears the bank.

3.3 Additional Charges:

Unless explicitly included in a quotation, additional charges apply for:

  • Repairs, replacements, alterations, or additions to equipment.
  • Extra work deemed necessary during service.
  • Spare parts used during service (price confirmed at time of service).

4.0 Delivery and Service

4.1 Delivery of Service:

NHM strives to provide prompt service. Typical response times for service calls will be communicated upon request. Critical medical equipment will be prioritised.

4.2 Customer Responsibilities:

• Ensure all equipment is available and accessible for service at the scheduled visit.
• Provide all necessary information regarding communication and signalling systems connected to the equipment.

4.3 Risk and Title Transfer:

• Risk of loss or damage to the equipment transfers to the Customer upon delivery or notification that the equipment is ready for collection.
• Title of the Goods (spare parts) transfers to the Customer only upon full payment to NHM.

5.0 Warranties and Liability

5.1 Warranties:

Goods supplied and/or installed by NHM will have the benefit of any warranty provided by the manufacturer, which NHM will enforce without additional expense.

5.2 NHM Warranties (Optional – Modify as needed):

NHM warrants that services will be performed with reasonable skill and care. The warranty period for services is [Specify duration, e.g., 90 days].

5.3 Limitations of Liability:

  • NHM’s liability is limited to fulfilling Contracts according to their terms.
  • NHM is liable for personal injury or death caused by their act or neglect (or their employees).
  • NHM is not liable for:
  • Indirect or consequential loss/damage (however caused).
  • Loss/damage caused by:
    – Operation, failure to operate, overdue maintenance, misuse, or incompetent use of equipment.
    – The equipment is inadequate for the risks involved. (Important Note: Adequate insurance is still necessary.)
  • The Customer acknowledges:
    – They have ensured the suitability of the equipment for their purposes.
    – Specifications, details, and forecasts of performance are approximations only and do not form part of the Contract.

6.0 Termination

Either Party may terminate this Contract upon written notice for breach of these Terms. NHM may terminate the Contract immediately for non-payment by the Customer.