TERMS AND CONDITIONS OF SALE
In these Terms and Conditions of business the following meanings shall apply:- "the Company" shall mean Kent Express Limited of Medcare North, Centurion Close, Gillingham Business Park, Gillingham, ME8 0SB. "The Customer" shall mean any person or persons, firm or company who buys or agrees to buy Goods from the Company. "Goods" shall mean the products supplied by the Company in accordance with the terms and conditions. Force Majeure shall mean any an event or circumstance which is beyond the control of and without the fault or negligence of the party affected including but not limited to natural disasters, storms, fire, flooding, lightening and pandemic. Kent Express Limited has UK company registration number 03819137 and VAT registration number GB573778979.
2 Conditions Applicable
2.1 These Terms and Conditions shall apply to and govern all contracts for the sale of Goods entered into by the Company where Goods are dispatched by the Company to the Customer by mail order. All conditions of the Customer or other terms and conditions or warranties whatsoever whether communicated before or after these Terms and Conditions are excluded from the contract or any variation thereof unless expressly accepted by the Company in writing, and the Customer's own conditions shall not be regarded as a counter offer.
2.2 The Company reserves the right to contact external credit reference agencies.
2.3 The exercise by the Company of any right pursuant to these Terms and Conditions shall be without prejudice to any other right available to it whether hereunder or under general law.
2.4 We are required to limit the sale of licensed products only to qualified healthcare professionals. We may request proof of a current, valid license at any time and we reserve the right not to ship licensed product for any reason.
2.5 Please note that the Terms and Conditions shall also apply to any elements of any contracts which are maintained and finalised via electronic means.
2.6 The Company reserves the right to monitor or record telephone calls for quality assurance and training purposes.
2.7 Customer shall inform Kent Express if at any time their license/registration expires and has not been renewed, or is limited, revoked, terminated, cancelled or no longer associated with the customer account.
2.8 The Company reserves the right to accept or reject any orders in its absolute discretion. If acceptance or rejection is not communicated within 5 (five) working days after receipt of the order, the order shall be deemed accepted.
2.9 All orders and supply shall be subject to availability and the Company shall have the right to cancel and/or reject any order at its discretion. Any cancellation shall be notified to the Customer and refunds applied where applicable.
3.1 Delivery dates and times specified by the Company are approximate only. Unless expressly agreed by the Company in writing, time for delivery is not and shall not be deemed to be of the essence of the contract. The Customer shall make all arrangements necessary to take delivery of Goods whenever they are tendered for delivery.
3.2 If Goods are sold and delivered to the Customer in instalments each delivery shall constitute a separate contract, and failure by the Company to deliver any one or more of the instalments or any claim by the Customer in respect of any one or more instalments shall not entitle the Customer to treat the contract as a whole as repudiated.
4 Cancelling Orders/Returned Goods
4.1 In accordance with clause 2.8 and 2.9 the Company shall have the right at its absolute discretion to monitor and/or cancel orders. The Company shall have no liability for cancelled orders.
The Company shall notify the Customer within a reasonable time of the cancellation of the order and where applicable refund any payments made.
4.2 Customers are reminded that it is illegal to send contaminated goods through the post. Equipment containing mercury must be emptied and disposed of in a suitable authorised container before return. To reduce the risk of cross contamination, all instruments/ equipment should be sterilised as per Manufacturers' instructions. The details of the method used for sterilisation of items must accompany the returned item. The Company reserves the right not to handle items which do not meet these specific requirements. Any agreement or authorization to accept goods back does not absolve the customer from these responsibilities.
4.3 Customer Satisfaction Guarantee: The quality of your delivery is important to us; please therefore check the parcel immediately upon receipt. If for any reason you are not completely satisfied with your purchase please contact the customer services on 01634 878777 or e-mail on email@example.com within 7 working days of receipt we will be happy to authorise your return. When preparing your return please ensure that the product is in a condition suitable for re-sale, and inclusive of all original packaging, operating instructions, guarantee card and accessories. Goods must be accompanied by a proof of purchase and a Return Authorisation Number. The return authorisation number will ensure that your return is handled quickly and accurately. Please note items shipped directly back to our warehouse without pre-authorisation may be refused and no credit issued. Please ensure that Goods are adequately packaged and labelled to prevent damage in transit.
4.4 Returned Pharmaceuticals: Due to MHRA regulations, we may not be able to accept the return of pharmaceuticals for resale. Therefore, we will only accept pharmaceutical returns for one of the following reasons: To correct an error in delivery or ordering by Kent Express; In response to a product or batch recall, instigated by a manufacturer; or where products or packages are damaged in transit. Products should be returned with all original packaging and patient information leaflets. Please make certain that you have obtained a Return Authorization Number from our customer service team on 01634 878777 or e-mail on firstname.lastname@example.org before returning these items.
4.5 Goods wrongly ordered or Not Required The following will be required / applied. We realise that from time to time you may order in error and as your supply partner we will assist you to correct the situation. We ask that you report any errors to our customer service department on 01634 878777 within 7 days of receiving your order. After receiving a return authorisation number we ask that the product be promptly returned in saleable condition. Credit will be applied as noted below:
• A Re-Stocking Charge of 15% will be applied and any cost of the Return of the Goods to the Company will be charged to the Customer.
• No Refund of any handling or delivery charges applied to the Goods will be given.
• We will be unable to accept the return of custom imprinted items or non-catalogue items ordered specifically for the customer, [expired product, product that cannot be returned to the manufacturer, or hazardous items (please call customer service at 01634 878777 for assistance in identifying such items).
4.6 Damaged Goods / Short Delivery
• Damaged goods or short delivery needs to be notified to the company within 48 hours.
• Upon notification we will immediately despatch a replacement product and authorise the return of the damaged goods. Upon receipt of the Goods by the Company, Full Credit in the Value of the Goods and any handling or delivery charges will be issued.
4.7 Product Recalls and Products Returned Under Complaint
• If a Manufacturer or Distributor instigates a Product Recall the Company will administer the Recall Procedures as determined by the Manufacturer or Distributor.
• Products returned under complaint will be sent to the Manufacturer / Distributor for Evaluation and Report and the details notified to the Customer.
4.8 Please do not return any goods before contacting our Customer Services Department on 01634 878777 who will issue a Returns Note and arrange collection for you.
4.9 For larger and non-stock items a charge may be levied.
4.10 You can only return an item that has been used in any invasive procedure or been in contact with blood, other body fluids, respired gases or pathological samples or used in the treatment of HIV and/or Hepatitis viruses providing it has been decontaminated in accordance to HSG(93)26 and an audit trail is available for inspection of the decontamination process if required. A 'Declaration of Contamination Status' HSG(93)26 form must accompany the item. A separate form is required for each item being returned.
4.11 Where a Customer places a large volume order of Goods, the Customer shall not be entitled to rescind and/or cancel the Order without the prior consent of the Company. No variation to the Order shall be effective without the prior written notice and consent of the Company. All returns shall be at the discretion of the Company.
4.12 Due to the current increase in demand and stock piling, all PPE and infection control items are non-returnable unless faulty or damaged upon receipt and reported within 48hrs of receipt. For FFP3, FFP2 and KN95 masks, should the mask fail a fit test then any unopened boxes may be returned for credit. To qualify for a credit on these masks you must notify us of your intention to return the masks within 30 days of receipt.
This Returns Policy Does Not Affect Your Statutory Rights.
5 The Price and Payment
5.1 The price to be paid by the Customer shall be the sum(s) shown by the Company's invoice(s). This price shall be based on the sum quoted to the Customer in the Company's price list, subject to applicable promotions, however the Company reserves the right to amend those prices at any time in its absolute discretion and to correct clerical errors or omissions.
5.2 Any special price agreements between the Company and a Customer shall be valid only in writing.
5.3 The prices quoted in the Company's price list are in pounds sterling. Due to fluctuations in currency exchange rates the Company reserves the right to alter prices charged to all customers. Unless otherwise specifically stated, all prices quoted by the Company are exclusive of Value Added Tax (VAT), which shall be due at the rate in force on the date of the Company's invoice to the Customer.
5.4 In addition to the price for the Goods the Company may invoice for all packing, carriage charges, tax and duties on any order which is to be delivered outside the UK.
5.5 Orders placed with the Company and sent directly from manufacturers may incur a carriage charge invoiced by the Company. In advance of all customised orders, a signed order acceptance must be completed.
5.6 Payment of the price and VAT shall be due on the 20th of the month following the order being made. Time for payment shall be of the essence and payment must be made without set-off or credit. Where the Customer wishes to make payment by debit or credit card, full payment must be made at the time of the order.
5.7 The standard terms apply to purchases of consumables, supply of any spare or replacement parts and charges relating to site visits by service engineers. Payment terms for any items of equipment will be confirmed in the terms & conditions applicable to the order and supplied at the time of quotation. Any such payment terms stipulated will supersede any standard payment terms quoted on our invoices.
5.8 Where Goods are delivered in instalments the Company may invoice each instalment separately and the Customer shall pay such invoices in accordance with these Terms and Conditions.
5.9 If the Customer is in default in paying any sum as and when it becomes due, the Company shall have the right to suspend all further deliveries until the default is made good and/or to cancel the contract so far as any Goods remain to be delivered there under. Additionally, payment for all Goods supplied to the Customer shall become immediately due and owing, whether previously invoiced or not.
5.10 In the event that the Customer fails to pay any monies by the due date, the Company shall be entitled to charge interest on the outstanding monies both before and after Judgment from the due date to the date of actual payment at the rate of 2% per month or part month. The Customer shall also indemnify the Company against expenditure on all costs of recovery including without limitation legal fees, costs and disbursements reasonably incurred. Any banking charges incurred by the Company in respect of dishonoured cheques will be payable by the Customer.
5.11 A £4.65 handling charge may be applied to all orders under £150 shipped to Southern Ireland. Orders less than £50, exclusive of VAT, may have a £3.50 small order handling charge applied at the time of order, at the sole discretion of the Company. Small order handling charges do not normally apply online, although the Company reserves the right to change this policy at any time.
5.12 Orders less than £150 exclusive of VAT and which are shipped to the Republic of Ireland, may have a small order handling charge applied at the time of order at the sole discretion of the Company.
5.13 The Company reserves the right to issue invoices electronically and the Customer shall accept such electronic version as soon as this is sent electronically by the Company and the Customer shall take all steps required by applicable law in connection with such invoices including without limitation maintaining appropriate records.
6.1 All discounts are applied to catalogue prices exclusive of VAT.
6.2 Licensed products, small equipment, oral hygiene products, pharmaceuticals, handpieces, alloys and alloy capsules servicing and repairs and special orders from the manufacturer typically purchased for resale, are excluded from all discount programmes and promotions unless specifically stated otherwise in writing.
6.3 Web only prices are strictly available only for orders placed at www.kentexpress.co.uk and are available to end-users only.
7.1 Kent Express Ltd is an Appointed Representative of Henry Schein UK Holdings Limited who is authorised and regulated by the Financial Conduct Authority and is entered on the Financial Services Register under firm reference number 708571. Henry Schein UK Holdings Limited is a credit broker and not a lender. Our Complaints Procedure is available here.
8 Title and Risk
8.1 The transfer of risk of damage to the goods shall take place at the moment when the customer takes delivery.
8.2 Title in the goods or any part thereof shall only pass to the Customer when payment in full for all goods whatsoever supplied and all services rendered at any time by the Company has been made.
8.3 The Customer shall permit so far as it is able and shall use its best endeavours to assist any officer, employee, representative or agent of the Company to enter onto any premises where the goods may from time to time be situate and to repossess the goods at any time prior to title passing to the Customer and until such time as title passes the Customer shall hold the goods as the Company's fiduciary agent and bailee.
9.1 Subject as expressly provided in these Conditions and except where Goods are sold or services provided to a person dealing as consumer within the meaning of the Unfair Contract Terms Act 1977 all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permissible by law.
9.2 Where Goods are supplied to the Company with the benefit of a warranty from their manufacturer that warranty will continue to apply to the Goods following sale to the Customer, whether Goods are sold individually or as a package and the Customer should return any faulty Goods to the manufacturer. If alleged defects in Goods prove to have been caused by incorrect operation, cleaning or handling or other improper use or outside of the manufacturer's warranty period, the Company will arrange a quotation for repair. In all other respects the Company will warrant replacement parts for the length of the manufacturer's warranty thereon, and labour for a period of 3 months.
9.3 The Customer shall be responsible for ensuring that all statutory governmental regulations, local authority regulations, operating instructions and safety precautions are complied with in relation to Goods supplied to it by the Company. Products are authorised for sale in the United Kingdom; Customers in other locations may be subject to local restrictions.
9.4 Equipment and computer products that require installation and warranty/support services thereafter are subject to additional terms and conditions.
10 Restriction of Liability
10.1 The Company shall not in any event be liable for indirect or consequential loss or damage, being loss or damage which does not directly and naturally flow from the supply or goods or materials, including without limitation loss of profits, of use, overhead costs, collateral damage or of contracts arising out of the supply or failure of supply of goods or services by the Company (other than liability for death or personal injury resulting from the negligence of the Company) and whether arising from breach of contract, negligence or for any other liability howsoever arising, whether by statute or otherwise.
10.2 In all other cases (being cases of direct and natural losses or damage) it is specifically provided and agreed that the compensation and damages payable under any claim or claims arising out of the contract between the parties under whatsoever pretext shall not under any circumstances amount in aggregate to more than the contract price or the goods and/or services forming the subject of the claim or claims.
10.3 No liability for such direct losses shall attach to the Company unless details of such losses are notified to the Company in writing within 7 days of the date of delivery of the goods, or the date of the event giving rise to such loss if it is not apparent upon the date of delivery. In cases of alleged shortages or breakages, claims must be notified to the Company within 3 days of despatch of the goods by the Company. Alleged non-delivery of goods must be notified in writing to the Company within 5 days of receipt of either the invoice for the goods or a statement of account, whichever is the sooner.
10.4 For the avoidance of doubt, nothing in this agreement shall confer on any third party any benefit or the right to enforce any term of this agreement, without the expressed written consent of Kent Express.
11 Applicable Law
11.1 These Terms and Conditions and the rights and obligations of the parties to the contract shall be governed, interpreted and construed solely in accordance with the Laws of England.
Kent Express Limited, a division of:
Henry Schein UK Holdings Limited
Registered office: Medcare House
Gillingham Business Park
Gillingham, Kent, ME8 0SB
Company No: 02579457
VAT Registration No: GB 573 7789 79
12. Force Majeure
12.1 The Company shall not be liable to the Customer or be deemed to be in breach of any provision of these terms by reason of any delay in performing, or any failure to perform any obligation under this Agreement if the delay or failure was due to circumstances which the Party could not avoid and the consequences of which it was unable to prevent.
13 Standard Promotional Terms and Conditions
13.1 Offers and discounts cannot be used in conjunction with any other offer or Practice Reward campaign, discount scheme, price guarantee or commitment, web only price, cash back or finance agreement, unless otherwise stated in writing. Web only prices are only available at www.kentexpress.co.uk, are excluded from any other offer or discount unless otherwise stated. Web prices may differ from prices quoted in print material or by phone. Products are subject to change without prior notice.
13.2 Practice Rewards: Practice Rewards are issued at the sole discretion of Kent Express and your Account Manager. In compliance with the Medicines (Advertising) Regulations 1994, Licensed Medicines are excluded from Practice Reward promotions. In the event of returning products that formed part of a qualifying order for a Practice Reward, if the total order value then falls below that required for the Practice Reward that was issued you will be required to return the Practice Reward or pay for the reward item in full. Please allow 14 days for delivery of Practice Rewards. Kent Express is unable to take responsibility for tax due on Practice Rewards. Practice Rewards are available to residents within the UK only. Jersey and Guernsey customers may be offered an alternative; please ask the telesales representative for full details.
13.3 Web order discount: All online orders will normally receive a 1.5% discount based on the regular full price of each item. The 1.5% discounted price is already shown online, and is typically excluded from any other offers and discount promotions. This online discount may be suspended at any time at the sole discretion of Kent Express.
14 Standard Competition Terms and Conditions
14.1 Unless otherwise indicated, we will only accept one competition entry per account number or per email address (depending on the entry method). Competitions are open to GDC-registered UK dental professionals only. Closing dates will be published and the decision of Kent Express to award prizes is final. We do not offer cash alternatives for prizes. Entry conditions may be changed at any time, and we reserve the right to close a competition at any time and for any reason.
14.2 No purchase is necessary to enter any draw-based competition; you may enter by emailing email@example.com with the subject line “No purchase necessary entry” and including the competition name, your full name, your full address, your GDC registration number and, if applicable, your Kent Express account number. We will only accept one “no purchase necessary” entry per person per competition, and we must receive the email before the competition closing date. This type of entry will have the same chance of winning as any other valid entry.
Last Updated: 21st August 2020