Terms & Conditions Of Sale


1. Definitions

1.1 The Supplier: Artisan Intelligent Hygiene Ltd whose principal place of business is Port Stanley House, Falkland Close, Charter Avenue Industrial Estate, Coventry, CV4 8AU.
1.2 The Customer: any person, organisation or company who purchases Goods or services from the Supplier.
1.3 Goods: any Goods or services as supplied by the Supplier to the Customer.

2. Price

2.1 The “price” refers to the purchase price or service charges of any Goods, or any combination of these.
2.2 Unless otherwise stated, the price is exclusive of freight, delivery costs and other charges in relation to the transfer of Goods between the Supplier and the Customer, such charges to be payable by the Customer, unless otherwise agreed in writing.
2.3 Unless otherwise agreed in writing, the Supplier reserves the right to vary all prices without prior notification.
2.4 All prices quoted are exclusive of VAT which, if applicable, must be added at the prevailing rate.
2.5 The responsibility for VAT exemption of Goods and/or services is solely the responsibility of the Customer and the Supplier does not offer any guidance as to eligibility for VAT exemption. If the Customer is in any doubt about its eligibility or the eligibility of Goods and or services purchased from the Supplier, it should obtain advice from a local VAT office before proceeding with the purchase or signing a VAT exemption declaration.

3. Risk

3.1 All care will be taken but no responsibility will be accepted for loss or damage to the Goods which are no longer in the possession of the Supplier.
3.2 Risk in the Goods shall pass to the Customer after the product been allocated to this agreement (“allocation”) by the Supplier or its third-party supplier, if applicable.
3.3 Without limiting the generality of clause 3.2, all transit/carriage of the Goods after allocation shall be at the Customer’s risk in relation to all transfers which may be made between the Supplier, the Customer and any third-party supplier and irrespective of whether the transfer is arranged by the Supplier, the Customer or a third-party supplier.
3.4 The Supplier hereby acknowledges the Customer shall not be liable for any damage to the Goods or theft of the Goods which occurs while the Goods are in the custody or control of the Supplier.
3.5 Where equipment is loaned from the Supplier by the Customer, Risk remains with the Customer for the duration of the loan period. Equipment may not be removed from the Customers site by the Customer, or transferred to another premises during the loan period without explicit, written permission from the Supplier.
3.6 The Customer acknowledges that any Artisan Loan Equipment within the custody or control of The Customer, must be kept functional and free from damage, and that any damage caused may incur charges for rectification or where necessary, replacement.

4. Payment and Payment Terms

4.1 The price shall be paid by the Customer in cash, BACS transfer or by cheque on the payment date which shall be the earlier of:
4.1.1 Proforma invoice; or
4.1.2 7 Days from date of invoice to the Customer;
4.2 If payment is made by cheque which is dishonoured, the Supplier reserves the right to charge the Customer for bank charges and other fees incurred as a consequence.
4.3 The Supplier shall be entitled to retain the Goods until the price and any applicable default or storage charges have been paid in full.
4.5 Credit Terms: the Supplier may extend credit terms to the Customer at its own discretion and extend the period referred to in clause 4.1.2. to 30 days from invoice date. This credit facility may be withdrawn at any time if the Customer does not pay in for the Goods in accordance with the terms agreed. Certain account customers will be offered terms of 30 days but 7 days credit is our default offering.

5. Delivery and Collection of Goods, and Force Majeure

5.1 The Supplier shall endeavour to complete delivery within the period stated if any, but no liability shall be accepted by the Supplier for delay in delivery or non-delivery. Delivery dates should be interpreted as “estimates” only.
5.2 The Customer shall collect the Goods within seven days once notified by the Supplier that the Goods are available for collection
5.3 If the Goods have not been collected within one month from the Supplier notifying the Customer of availability for collection, the Supplier reserves the right to thereafter apply an additional storage charge of £5 plus VAT, per week.
5.4 The Supplier shall not be held liable for any damages in the event of failed delivery due to events classed as force majeure.

6. Title and Transfer

6.1 Title in the Goods purchased will remain with the Supplier until payment has been received in full.
6.2 Where a Customer obtains possession of the Goods prior to making payment in full, he/she/it must;
6.2.1 At all times ensure the Goods are marked in a manner that will enable the identification as property of the Supplier;
6.2.2 Not purport to mortgage, charge, transfer, convey, or otherwise deal with the Goods without the prior consent of the Supplier; and
6.2.3 At all times, allow the Supplier access the Goods to inspect them and to retake possession at its discretion.
6.3 The Supplier reserves the right to recover any Goods which the Customer has defaulted in payment.

7. Examination of Goods

7.1 The Customer is responsible for the immediate examination of the Goods upon delivery and any deficiency or damage thereof must be reported to the Supplier within seven days of delivery otherwise no such claim shall be accepted by the Supplier.

8. Component Parts Used

8.1 All component parts used by the Supplier for the Goods shall remain the sole property of the Supplier until paid for in full. If the price of the component parts used in the Goods is not paid in full when due, the Supplier reserves the right remove any such parts without liability to the Customer for so doing.

9. Warranty

9.1 The Supplier warrants its repair work and component parts (subject to Clauses 9.2) used in such repair work for a period of 30 days from the date upon which the Customer has carried out due works. If the Goods fail as a direct result of such repair work or component parts within 30 days of due works, the Supplier will repair the fault at its own costs. This warranty does not extend to the failure of the Goods for reasons unrelated to the initial repair.
9.2 To the extent that any component is supplied to the Supplier by a third party, the warranty offered by the Supplier in relation to that component should be limited to the that of the third party if any arising out of the alleged fault in the component.
9.3 All Goods sold by the Supplier carry a warranty period, which is provided subject to the manufacturer’s terms and conditions of warranty.
9.4 Freight costs in all warranty claims are payable by the Customer.
9.5 The warranty offered on pieces of complete equipment are conditional upon correct and manufacturer-approved scheduled maintenance intervals taking place. Customers are advised to refer to individual warranty documents for specific product warranty terms.

10. Liability

10.1 The Supplier shall not be responsible for damage for fault in performances arising out of incorrect or inappropriate operation or installation of the Goods by the Customer. The Customer acknowledges the Supplier gives no warranty as the fitness of the Goods for the intended application of the Customer and the Customer has relied entirely on its own evaluation thereof.
10.2 This document contains all terms of agreement between the Customer and the Supplier and is an “Entire Agreement”. All other terms, conditions, warranties, undertakings, inducements or representations, whether express, verbal, implied, statutory or otherwise relating anyway to the Goods are excluded. To the extent permitted by law, the Supplier is indemnified from all liability or any form of loss or damages whether incidental, special, consequential, general or otherwise (including loss of profit and revenue and notwithstanding that the Supplier may have been advised of such potential loss or damage) arising out of any breach by or fault on the part of the Supplier in connection with the sale or loan of the Goods, any defect or alleged defect in the Goods or any negligent act, omission, or breach of contract or howsoever.
10.3 The provisions of this agreement that purport to exclude or limit the Supplier’s liability shall apply to the extent permitted by law. Provisions or statutes from time to time in force in the UK, may imply warranties or conditions or impose obligations upon the Supplier that cannot be excluded, restricted or modified except to a limited extent if any such statutory provisions apply, to the extent to which it is legally entitled to do so, the Supplier’s liability under those statutory provisions shall be limited at the option of the Supplier to any one or more of the following:
10.3.1 If the breach relates to Goods: The replacement of the Goods or supply of equivalent Goods; or The repair of such Goods The payment of the cost of replacing the Goods or of acquiring equivalent Goods; The payment of the cost of having the Goods repaired; and
10.3.2 If the breach relates to services: The supply of services again; or The payment of the cost of having the services supplied again.
10.3.3 If the breach relates to loan of Goods: The supply of loan again; or The payment of the cost of having the loan supplied again

11. Credit, Return(s) & Refund(s)

11.1 Subject to clauses 7 and 10 hereof, no Goods may be returned to the Supplier nor credit allowed for such return without the prior approval of the Supplier.
11.2 Any application by the Customer to return Goods and receive a credit shall be in writing and shall state the reason for the return and the action requested by the Customer on the part of the Supplier. This application must be made within 7 days of delivery, and the goods must be unused, show no visible signs of wear and tear, damage or soiling, and packaged in their original packaging materials.
11.3 Goods wrongly ordered by the Customer, if accepted for credit return by the Supplier will be subject to a 10% restocking fee.
11.4 Acceptance of a return for credit is at the absolute discretion of the Supplier.
11.5 Considerations for requests for a return, credit or refund, after 7 days following delivery is at the absolute discretion of the Supplier; if the request by the Customer is accepted by the Supplier, a price offer will be made, taking into consideration costs and consequential losses incurred by the Supplier as a result of the return and/or refund.

12. Quotations

12.1 Quotations or proposals to the Customer, provided by the Supplier are an Invitation to Treat and any order resulting from the quotations or proposals shall be subject to acceptance by the Supplier.
12.2 Proceeding with an order, based on a quotation by the Supplier is deemed acceptance of these Terms and Conditions of sale.

13. Description and Specifications

13.1 Descriptions of Goods in quotations, orders, brochures, websites, promotions, acknowledgements and invoices provided to the Customer by the Supplier are approximate definitions, are general in nature and may include measurements that are “nominal”. From time to time, and at its absolute discretion, the Supplier reserves the right to vary descriptions, specifications and measurements of Goods without notice.

14. Loan Equipment Relocation

14.1 Customers are prohibited from transferring to, or allowing transfer to another site or location without seeking and gaining written approval from the Supplier prior to any transfer taking place.
14.2 Customers who have arranged or allowed transfer of loan equipment to another site, without written approval from the Supplier, shall remain liable for any outstanding loan charges and any repairs or rectifications needed, until the equipment is returned to the original delivery address or made available for collection by the Supplier.
14.3 If the Supplier is unable to retrieve equipment from the Customer due to the loan equipment being transferred, or allowed by the Customer, to be transferred elsewhere by another party, the Customer will be liable to pay in full, replacement costs for the equipment and any other costs arising as a result of the transfer.

15. These Terms and Variations

15.1 These Terms and Conditions of Sale shall prevail over any Terms and Conditions in the Customers order or instructions to proceed with works, supply, rental, repair or maintenance works. The Supplier reserves the right from time to time to change or amend these terms and conditions of business. Customers are invited to ask for details of any current changes when placing any order.