Terms and Conditions for the sale of Goods and Services to businesses or consumers
These terms and conditions regulate the business relationship between you and us. By using Our Web Site in any way, or by buying from us, you agree to be bound by them.
No person under the age of 18 years may purchase goods and services. We look forward to seeing you again when you are over 18.
Please note that hiring products (and other similar services) are not available directly through the website – please contact us for these services.
Disclaimer: Any practices or advice given or offered by Pure O2 is not intended to replace the services of your doctor, or to provide an alternative to professional medical treatment where it suggests the possible usefulness of certain practices in relation to certain illnesses or symptoms. It does so solely for educational purposes – either to explore the relationship of natural breathing to health, or to expose the viewer to alternative healing approaches. None of our statements are intended to diagnose, treat, cure or prevent disease. WARNING: Persons with any Medical Conditions or lung disorder including Asthma or Emphysema should consult their doctor before using oxygen!
The equipment or consumables you buy or hire from Pure O2 are at your own discretion and you agree to accept full liability in using oxygen products and will not hold Pure O2 responsible in this regard.
Pure o2 Ltd
Olympic Court
The Village
Third Avenue
Trafford Park
Manchester
M17 1AP
United Kingdom
Office Hours:
9am - 5pm GMT
Monday to Friday
T. 0870 712 0202
F. 0870 712 0202
E. info@pureo2ltd.com
W. www.pureo2ltd.com
Definitions
In this agreement:
“Carrier” means any person or business contracted by us to carry Goods from us to you, whether all or part of the distance.
“Our Web Site” means the entire computing hardware and software installation that is or supports Our Web Site.
“Goods and Services” means any of the goods and services we offer for sale on our web site
“Content” means information in any form published on Our Web Site by us or any third party with our consent.
Our contract with you
• These terms and conditions apply:
• so far as the context allows, to you as a visitor to Our Web Site; and
• in any event to you as a buyer or prospective buyer of our Goods.
• Goods advertised may not be available.
• We shall accept your order by e-mail confirmation. Our message will also confirm details of your purchase and tell you when we shall despatch your order. That is when our contract is made. It is possible that the price may have increased from that posted on our web site.
• We may change these terms from time to time. The terms that apply to you are those posted here on Our Web Site on the day you order Goods and Services.
• All descriptions, weights and sizes of Goods are those of the original manufacturers and you may not rely on their accuracy. Accordingly, any such description shall not form part of this Agreement.
• If we do not have the Goods you order in stock, we will offer you alternatives before we despatch your order. If this happens you may:
• accept the alternatives we offer;
• cancel your order;
• leave the order valid, but tell us to omit the out-of-stock item.
• If we owe you money (for this or any other reason), we will credit your credit or debit card as soon as reasonably practicable but in any event no later than 30 days from the date of your order.
• Goods are at your risk from the moment they are picked up by the Carrier from our warehouse.
Price and Payment
• You must pay us the full price of your order before we will send any part of it.
• Banking charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than pounds Sterling will be borne by you.
• Any details given by us in relation to exchange rates are approximate only and may vary from time to time.
• You will pay all sums due to us under these terms by the means specified without any set-off, deduction or counterclaim.
Information you give us
• You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Goods and Services.
• We will use our reasonable endeavours to respond to any point of dissatisfaction by you, provided you contact us within three months of purchase.
Delivery
• Deliveries will be made by the Carrier to the address stipulated in your order. You must ensure that someone is present to accept delivery.
• If we are not able to deliver your goods within 30 days of the date of your order, we shall notify you by e-mail to arrange another date for delivery.
• We may deliver the goods in instalments if the goods are not available at the same time for delivery.
Taxes, duties and import restrictions
• We have no knowledge of, and no responsibility for, the laws in your country of residence.
• You are responsible for purchasing Goods which you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country of residence.
Goods returned
Because you are buying the Goods via a website, you may have a right of cancellation if you are not buying for business purposes. If you do, (and only if you do), these are the terms which apply:
• You must tell us you wish to cancel within 7 days of your receipt of the Goods;
• In any event, you may not cancel orders for food or other perishable Goods, nor for handmade, specially commissioned or personalised goods;
• The Goods must be returned to us within 21 days of your telling us you wish to cancel:
• with both goods and all packaging in their original condition;
• securely wrapped;
• including our delivery slip;
• at your risk and cost.
• to this address:
Returns
Pure o2 Ltd
Olympic Court
The Village
Third Avenue
Trafford Park
Manchester
M17 1AP
United Kingdom
• After we have received the Goods, we will credit your credit or debit card with the full purchase price of the goods returned no later than 30 days from the date on which you cancelled the order.
• If you do not return the Goods to us within the time stated above, or inform us that you wish for us to collect the Goods at the time of cancellation, we may collect the Goods from you and our costs will be payable by you and we may use any monies you have paid to us for any reason to settle the amount you owe us (please note that this is likely to be much more costly for you).
PURE O2 LIMITED – Conditions of Supply of Goods and Services
1. DEFINITIONS
For ease of reference certain terms used elsewhere in these Conditions are defined as follows:
“Goods” means any machinery, tooling, apparatus, materials, products, goods and articles of any kind supplied by me to you;
“Intellectual Property Rights” means any patent, copyright, design right, trade mark, confidential information, know how and all similar rights arising from the performance of the Services or the supply of the Goods;
“Price” means the price specified in a quotation together with VAT and any other applicable taxes or duties;
“Services” means the work and services which I have agreed to carry out for you (including where appropriate the supply of any Goods). The Services are more fully described in the quotation relating to the particular services you require me to perform (e.g. yearly servicing).
2. OTHER CONDITIONS
I agree to carry out the Services and/or to supply Goods on the terms of these Conditions only. I will not be bound by any contrary, different or additional terms or conditions contained or referred to in your order form or other documents or correspondence; nor will I agree to any addition, alteration or substitution of these Conditions unless they are expressly accepted by me in writing.
3. MY OBLIGATIONS
3.1 The scope of the Services is set out in the quotation. I will use all reasonable endeavours to provide the Services within any time scale indicated in the quotation. However, that time scale is only an estimate and accordingly I can accept no responsibility or liability, financial or otherwise in the event that I am unable for any reason to keep to the timetable.
3.2 I may perform the Services myself or where at my discretion I consider it necessary or desirable I may instruct third parties to carry out the whole or any part of the Services on your behalf.
3.3 Where I have agreed to supply Goods the description of those Goods is set out in the quotation. Unless the quotation provides otherwise no other descriptive material or specification whether written or oral contained in any correspondence or statement or in promotional or sales literature shall form any part of an agreement between us.
3.4 I may suspend or cease performance of the Services or delivery of Goods at my discretion if at any time you are in breach of your obligations under these Conditions or I have reason to believe that you may not be able to pay your debts as they fall due or there is any change in your ownership or control which for whatever reason I consider makes it unsuitable or undesirable for me to continue to work for you and in any such case I shall notify you in writing and on such notification I shall have no further liability or obligation to you.
3.5 POC units are normally covered by a two year manufacturer's warranty when bought by you from me if you are a U.K. entity, body, company or resident person. To assist the manufacturer pursuant to the warranty (which may be subject to servicing obligations on you to be valid), I will always endeavour to send a replacement POC unit as soon as reasonably possible should you find the Unit fails. However, should this occur whilst you are outside the U.K with the Unit (with my permission as per these Terms and Conditions), I will always try to send a replacement within 48 hours of notice given on a normal business day using FED EX international priority service.
3.6 However, POC patients should always make back-up plans for additional oxygen supplies when travelling outside the U.K (such as, finding out where the nearest hospital and alternative oxygen supply is) as it may not always be possible to supply a replacement unit within the time frame stated, or at all, depending on destination, weather, strikes and other supply factors; and we shall have no liability to you for any failure to supply a replacement unit.
3.7 Type.2 Respiratory Patients, COPD, Co2 Retainers and any other medical conditions are not recommended to use our O2 machines without prior medical advice. In all cases – you should seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it merely because we have supplied you with the Unit or have agreed to do so.
4. PRICE AND PAYMENT TERMS
4.1 You are to pay the Price in the manner and at the times mentioned in the quotation or if there is no such time or method mentioned in full not later that fourteen days after the date of my invoice to you.
4.2 If payment is not made by the due date I may charge interest on the amount outstanding at the rate of 8% above the Bank of England base rate applicable from time to time p.a. until payment.
4.3 I am not obliged to start work unless and until you shall have paid to me such sums by way of deposit as shall be specified in my quotation or otherwise agreed between us. If any other monies are not paid by the due date(s), I shall be entitled to stop any work which I am doing on your behalf in relation to the provision of the Services and to suspend delivery of any Goods which may be due. I may also at my discretion take any other action which is legally available as I think fit.
4.4 All prices quoted to you are based on information available to me at the time of quotation. My Price does not include the cost of carriage, packing, customs, duties, insurance or any other similar item. In the event that any third party providing services to me, which are part of the Services specified in the quotation, shall raise its charges to me I reserve the right to pass on those increased charges to you in addition to the sum quoted in the quotation.
4.5 In the event that performance of the Services requires me to travel within the United Kingdom the cost of all travel, accommodation and subsistence incurred by my employees or any third party contractor in the performance of the Services shall be included in the Price unless expressly stated otherwise. Where travel is necessary outside the United Kingdom then all travel accommodation and subsistence expenses incurred by me or my employees or any third party contractor in the performance of the Services together with the cost of obtaining all necessary entry residence work and exit documents shall be paid by you in addition to the Price.
4.6 I reserve the right to raise an additional charge on you in the event that the assumptions specified in the quotations prove to be incorrect for whatever reason, or if you change the specified work and, in particular, I reserve the right to increase the Price if work has to be performed outside normal working hours or if the nature, extent or scope of the Services is altered in any way during the course of my providing the Services. I also reserve the right to increase the Price if delays are caused or if I have to carry out extra work as a result of anything which you may do or fail to do.
5. YOUR OBLIGATIONS TO ME
5.1 You must promptly provide me with all information and assistance that I may reasonably require in connection with the performance of the Services.
5.2 Where the Services are to be provided at your premises, or anywhere other than at my premises, you are to make available free of charge all gas, electricity, heating and water required by me together with such facilities for me and my employees to use and any third party contractors as shall be required in order to enable me to comply with relevant legislation concerning their health, safety and well-being and to perform the Services.
5.3 You are to carry out any preparatory works specified in my quotation in good time to enable the Services to be supplied promptly and effectively.
5.4 You are to disclose to me the presence of any hazardous machinery or substance in any place where I are to provide the Services and to give me full information as to the nature of any such hazard. If you do not do so I may refuse to perform or complete the Service, without being under any further obligation to you.
5.5 You are to obtain any necessary consents or permits required from any local or governmental authority to enable the Services to be carried out.
6. INTELLECTUAL PROPERTY RIGHTS
6.1 The Intellectual Property Rights shall remain my property unless and to the extent stated in the quotation. Provided that you comply with all your obligations as to payment and otherwise I grant to you a personal non-exclusive licence to use the Intellectual Property Rights in the normal course of your business or personal life (as appropriate) but not further or otherwise. You may not grant any sub-licence nor transfer the benefit of the licence hereby granted without my prior written consent.
6.2 Copyright in all drawings, reports, calculations and other documents provided by me in connection with the Services belongs to me. You may not make copies of the same or any part of them without my agreement which must be in writing to be valid.
6.3 If the quotation expressly states that Intellectual Property Rights in connection with the Services or any part thereof are to become your property you will grant to me a non-exclusive royalty free licence to use the same for all purposes connected with my business without limit of time and in particular to use the Intellectual Property Rights and any development thereof which I may undertake in connection with the Goods and/or Services supplied by me to my other customers.
6.4 Unless I have told you otherwise to the best of my knowledge and belief neither the supply of the Goods nor the supply of the Services to you will result in the infringement of any third party’s Intellectual Property Rights. In the event however that any claim is made against you by any third party for infringement of such rights as a result of your use of any Goods or Services supplied by me I reserve the right at my own expense to conduct any ensuing litigation and all negotiations for a settlement of the claim. Should I exercise this right, I will bear the cost of any payments (either by way of a lump sum or a continuing royalty payment) made in settlement or as a result of an award in a judgement against me in the event of litigation.
6.5 I will grant you the benefit of Condition 6.4, only if you give to me the earliest possible notice in writing of any such claim being made or action threatened or brought against you, you make no admission of liability and take no other action in connection therewith, you permit me to have the conduct of the claim and give me all reasonable information, co-operation and assistance in relation to the conduct of the claim (including lending your name to proceedings). In addition, if it is made a condition of any settlement made by me or judgement awarded against you, you will return or destroy as applicable all infringing Goods or documents still under your control subject to a refund by me of any payment for such goods already made (less a reasonable allowance for depreciation).
6.6 The provisions of Condition 6.4 shall not apply to any infringement caused by me in following a design or instruction furnished by you or given to you nor to any use of the Goods or Services in a manner or for a purpose which shall have been specifically prohibited in writing by me nor to any infringment which is due to the use of such Goods or Services in association or combination with any other product.
6.7 You warrant that any design or instruction furnished or given by you shall not be such as will cause me to infringe any intellectual property rights.
6.8 The provisions set out in condition 6.4 above state my entire liability to you and your sole and exclusive remedies against me in connection with claims based on or resulting from the infringement of intellectual property rights of any kind whatsoever of any third party.
7. CONFIDENTIALITY
Both of us are to keep confidential and shall not without the prior consent in writing of the other disclose to any third party any technical or commercial information which may have been aquired from the other as a result of discussions, negotiations and other communications between us relating to the Services and/or the Goods. These obligations continue after termination of an agreement subject to these Conditions however caused.
8. RELIANCE ON SKILL AND JUDGEMENT
You acknowledge that you rely on your own skill and judgement in determining the suitability of the Goods and/or the Services for any particular purpose. You are alone responsible for ensuring that any performance requirement indicated in the quotation is sufficient and suitable for your purpose save in so far as I have expressly agreed in writing that you may rely on my advice.
9. LIABILITIES
9.1 I do not accept liability in any circumstances and whether in contract, tort or on any other basis whatsoever and however caused for:
9.1.1 Any loss of profit, business, contracts, revenues or anticipated savings; or
9.1.2 Any special, indirect or consequential damage of any nature whatsoever.
9.2 Subject to condition 9.1 and to the overall limitations on liability set out below I will accept liability to you for any loss and/or damage arising by reason of negligence on the part of my employees or any breach on my part of my contractual obligations to you.
9.3 My total liability to you whether in contract, tort (including negligence or breach of statutory duty), breach of third party rights, or otherwise howsoever arising, shall not in any event exceed the level of insurance that I have in relation to my business at any particular time.
9.4 In so far as I are able to do so and at your expense I will assign to you the benefit of any warranties and conditions relating to quality, suitability, fitness for purpose or quiet possession contained in any contract which I may have with any third party for the supply of any component included within the Goods.
9.5 You accept responsibility for any inaccuracies, errors or omissions on your part in relation to instructions given by you or in any data, drawings, calculations, specifications, information or material supplied to me for the purpose of enabling me to make the Goods and/or perform the Services.
9.6 I will not accept liability for any loss arising as a result of delay howsoever caused.
9.7 Termination of an agreement subject to these Conditions for whatever reason shall not affect any rights or liabilities which have already accrued at the time of termination.
10 INDEMNITY
10.1 I require you to indemnify me from and against all claims, actions, demands, proceedings, damages, costs, charges and expenses arising out of or in connection with the supply of the Goods and/or Services to you:
(a) To the extent that any such claim etc shall exceed the limit of liability specified in condition 9.3 above;
(b) Where any such claim or loss arises as a result of any breach on your part of any of your obligations under these Conditions;
(c) In any event where such claims or actions are brought or threatened against me by a third party as a result of your use of the Goods and/or the Services in the manufacture, supply or distribution of any other goods or in the provision of a service to a third party.
10.2 Neither I nor you shall be liable for any loss or damage arising from any occurrence unless a claim is formally notified in writing before the expiry of two years from the date of my quotation.
11 TIME AND FORCE MAJEURE
11.1 Unless expressly so stipulated by you and agreed in writing by me, time for performance of the Services shall not be of the essence.
11.2 I will not in any event be responsible for any delay in or failure to perform the Services or to supply the Goods which is caused by factors beyond my reasonable control which shall include but not be limited to acts of God, acts of governmental or any other lawful authority, strike, war, riot, civil commotion, flood, fire, explosion, epidemic, trade embargo or any other acts or omissions on the part of any third party or sub-contractor or any failure of electricity or other fuel or equipment.
12 ASSIGNMENT AND AGREEMENT
12.1 You may not assign an agreement subject to these Conditions in whole or in part without my prior written consent; though I may assign the same without your consent. You, my assignees, my successors and myself are the only persons who shall have any rights pursuant to such agreements.
12.2 The quotation and these Conditions sets out the entire agreement and understanding of both of us relating to the subject matter thereof and supercedes all prior discussions between us and all prior memoranda of intent or understanding and all previous documentation.
13 RETENTION OF TITLE AND RISK
13.1 Where Goods are to be supplied to you they will remain my property until you have discharged all your obligations pursuant to all contracts between me and you and all other debts owed to me by you.
13.2 Whilst the Goods remain in my ownership you may not sell or permit any lien to be created over them and you shall take proper care of the Goods, insure them appropriately and adequately and keep them separate from your own goods and clearly identify them as belonging to me.
13.3 The Goods shall be at your risk as from the time they leave my premises and whether or not delivered to you or to any agent on your or my behalf.
14 WAIVER
If either of us shall positively waive or delay or not insist in any instance on full compliance by the other with any of these terms that shall not prevent him from subsequently requiring such compliance in respect of that instance by the other party (subject always to reasonable notice in the case of a positive waiver).
15 GOVERNING LAW AND DISPUTES
The construction, validity and performance of an agreement subject to these Conditions shall be governed in all respects by English law and I each agree to submit to the non-exclusive jurisdiction of the English courts.
