These are the terms and conditions (T&C) on which First Dental sells products & services (from here within repair invoices will be referred to as “services”) set out in the invoice (on the reverse side of this page) to its customers (you and your company).
1.0 WHOLE AGREEMENT & EXCEPTION
1.1 These T&C constitute the whole of the agreement between you and us. All of the agreements and understandings between you and us are set out in these T&C and they supersede all prior agreements, understandings and statements, whether written or oral.
2.0 ORDER AND ACCEPTANCE
You have 3 days from receipt of the products and services to which the invoice relates to notify us First Dental in writing if the products and services are not in accordance with your order, otherwise you will be taken to have accepted the products and services and you’re liable to pay for it. No change of mind after sale has been made i.e. after payment. Refund is at our discretion, however freight both ways and “re-stock” fee will be charged
The prices charged for products and services are either according to a current quotation given to you for the products and services; or as set out in our current price list.
4.0 PAYMENT AND INTEREST
4.1 Full payment must be made within 30 days of receipt of the products and services.
4.2 All payments to us must be done without set-off, deduction or counterclaim.
4.3 If any payment is not made by the due date then we will be entitled to:
a. Cancel or suspend any further delivery of products and services to you under any other order and;
b. After 30 days you will be sent a written overdue account to which you have seven (7) days to respond.
c. You will also receive one (1) verbal notification of your overdue account. If account is still not paid after this the matter will be handed over to a debt collection agency.
d. All fees for debt collection will be at your cost.
e. Put all future orders into a prepayment before delivery status.
4.4 You must pay to us all cost and expenses incurred or which will be incurred by us in respect of any action for solicitors fees (on an indemnity basis) fees of legal advisers and other parties acting on behalf of us.
4.5 All products and services in one invoice totalling two thousand dollars ($2000) or more requires payment by bank deposit or cheque only. Should credit card be used a 1.42% merchant fee will apply..
4.6 For all other payments Visa or MasterCard are accepted.
4.7 For all clients who have given First Dental authorisation to direct debit their credit cards should you wish to cancel this option, full written notification must be given.
5.0 DELIVERY & RISK
5.1 First Dental will arrange delivery of the products and services to your premises but if the products and services are damaged in any way during the transportation or delivery then our liability is limited to repairing it or replacing it if we believe that is required. We will not be responsible for any costs or losses resulting from delays in the repair or replacement of the products and services.
5.2 Risk in the products and services (and the need to insure it) passes to you once the products and services is delivered irrespective of whether the products and services are repaired/ supplied or not.
6.0 PROPERTY AND TITLE
6.1 Notwithstanding that the risk in the products and the services may have passed to you, property in and title to the products and services will not pass from us to you until the products and services has been paid for in full and until then:
a. You will hold the products and services as fiduciary and agent for us;
b. The products and services must be marked so as to be separately identifiable;
c. We may require you to return the products and services to us on demand to inspect or repossess the relevant products and services.
d. If recovery of the products and services is necessary then you will be liable for all our expenses of such recovery and you will be liable to pay an amount which is 20% of the price calculated from the date of delivery up to the date of recovery of the products & services.
7.1 Subject to these terms and conditions we warrant that the products & services supplied by us is fit for the purpose for which it was supplied.
7.2 The products and services will be supplied with the warranties of the manufacturer that the products and services will be free from manufacturing or material defects for the period specified by the manufacturer, however you should note that such a warranty does not cover items requiring regular replacement such as light bulbs, ‘O’ rings & water blockage/tubes etc.
7.3 Warranty is 60 days from invoice date and covers faulty materials/workmanship ONLY. Instruments MUST be maintained (cleaned & lubricated) Warranty applies only to items repaired by First Dental.
7.4 First Dental is not responsible operator misuse.
7.5 Warranty not applicable until payment made in full. PLEASE NOTE: it is the senders responsibility to insure goods sent to us. All outward postage is insured by First Dental. Water not covered by Warranty
8.0 LIMITATION OF LIABILITY
8.1 The warranty in Clause 7.1 does not apply in respect of defects specifically drawn to your attention or defects arising from incorrect or negligent handling, disregard of operating an/or maintenance instructions, overloading or unsuitable operating conditions, defective civil or building work, accident, neglect, faulty erection or installation, unauthorised repairs or alterations, acts of God or other causes beyond our control.
8.2 Our liability under Clause 7.1 is limited (at our option) to replacement or repair or payment of the cost of replacement or repair of the relevant products and services or repayment of the price where it has been paid. Any claim against us relating to the quality of the products and services must be made within 3 months of delivery to be considered.
8.3 Our liability to you for breach of any implied term not excluded by these terms and conditions is limited (at our option) to replacement or repair or payment of the cost of replacement or repair of the relevant products services or repayment of the price where it has been paid.
8.4 We will not be responsible for the cost of any delays in the delivery of the products and services.
8.5 To the fullest extent permitted by law we will not be liable to you for any loss of profit or other economic loss direct, indirect or consequential loss, special, general or other damages, or other expenses or cost; or for injuries to any person, arising out of your use or misuse of the products and services, or from anything under this contract or from any common law duty (including negligence) by us, our agents or employees; however if any liability is incurred by us by operation of law then such liability shall be limited to the cost of replacing the products and services or performing any related services again.
You agree that your contract with us shall be deemed to have been made in the state in which our offices was located to which you placed your order and you further agree to submit to the exclusive jurisdiction of the appropriate court of that state.
10.1 You acknowledge that all conditions, warranties or other terms implied by statute or common law are expressly excluded from our contract with you to the fullest extent permitted by law.
10.2 The sale to and purchase by you of the products and services does not confer on you any licence or right under any copyright patent, registered design or trademark which is our property and you agree to conform to all reasonable requirements imposed by us with respect to trademarks or identification marks in respect of the products and services.
10.3 All parts used are premium aftermarket parts unless stated they are genuine, genuine parts are fitted upon request in writing.