These terms and conditions shall apply to the supply of goods and services by Burtons Medical Equipment Limited (company registered number 02044079) whose registered office is at Guardian Industrial Estate, Pattenden Lane, Marden, Kent TN12 9QD (“the Supplier”)
1. Burtons undertakes to carry out a routine of planned preventative maintenance, adjustment and checking of the equipment listed in the agreement at the intervals stated.
2. Burtons will notify the customer of the day of the visit reasonably in advance of the scheduled visits. The customer must ensure that the equipment is available to the engineer on the day of the visit. Burtons reserve the right to charge for a frustrated / wasted visit.
3. For routine visits, charges will be according to the current servicing tariff using the preferential rates for contract customers (available on request). Outside the UK rates may differ.
4. Visits to attend breakdowns between routine visits will be charged at a preferential rate. Contract customers will be given priority treatment over non-contract customers whenever possible.
5. Replacement parts as may be considered reasonable by the service engineer, will be fitted and charged for at current prices. Materials or parts supplied by Burtons are subject to its General Conditions of Sale.
6. Labour for work outside the scope of routine servicing, such as repair of accidental damage, may be charged extra at the discretion of Burtons.
7. Burtons shall endeavour to provide to the customer documentation for servicing obligations. However it remains at all times the responsibility of the customer to ensure that such documentation is adequate and that equipment is suitable for the application and complies with the current requirements of Health and Safety legislation.
8. Burtons disclaim all responsibility for the proper functioning and maintenance of equipment if the customer has, without Burtons consent, allowed the equipment to be worked on or repaired, save in the course of proper operation, by anyone other than an authorised Burtons engineer.
9. Burtons reserves the right to examine and approve each piece of equipment for service
10. If for any reason of safety or otherwise a Burtons engineer advises that a piece of equipment should be withdrawn from use and the customer continues to use the equipment it shall be entirely at their own risk.
11. If Burtons fail to carry out the service or are dilatory in doing so, they shall not be liable to the customer for any loss or damage to the equipment or any loss or damage consequent thereon that is sustained by the customer.
12. If maloperation or breakdown of the equipment serviced or repaired by Burtons is due to a failure on Burtons part to carry out such work correctly, Burtons will at their discretion rectify at no cost to the customer, or replace the item of equipment concerned again at no cost to the customer. Since the day to day operation of equipment is in the hands of the customer then the question of any failure on Burtons part will be determined solely by Burtons, but upon principles that are fair and equitable. Except as above Burtons shall not be liable in anyway to the customer for loss, damage or injury arising out of provision or non-provision of service hereunder.
13. Burtons reserve the right to amend these terms and conditions without notice. These terms and conditions shall take precedent over stipulated by the customer by way of official order or otherwise.
14. These terms and conditions, or any agreement, shall be construed in accordance with laws of England and any dispute shall be subject to the jurisdiction of the English Court.
Service & Repair (Non-Agreement)
1. Charges will be according to our current servicing tariff using the non-contract rates (available on request). 2. Except as above the same terms and conditions as for contract customers shall apply.