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Terms & Conditions

TERMS AND CONDITIONS OF SALE

Kent Express Limited is a limited company registered in England and Wales under registration number 03819137 and VAT registration number GB573778979.  Its registered office is Medcare House, Centurion Close, Gillingham Business Park, Gillingham, Kent, ME8 0SB.

1 Definitions

In these Terms and Conditions of business the following meanings shall apply:-

"the Company" shall mean Kent Express Limited with registered company number 03819137 of Medcare House, Centurion Close, Gillingham Business Park, Gillingham ME8 0SB and VAT number GB573778979.

"the Customer" shall mean any person or persons, firm or company who buys or agrees to buy goods from the Company.

“the Due Date” shall mean the 20th day of the month following the date of the Company's invoice for the Goods.

“Equipment” shall mean capital equipment and digital equipment installed by the Company for the Customer whether remotely or onsite and in certain circumstances equipment that the Customer can install themselves.

“Export” shall mean any Goods that are sold outside of the UK and Eire.

“the Goods” shall mean the products ordered by the Customer from the Company from time to time.

“Force Majeure” shall mean any event or circumstance which is beyond the control of and without the fault or negligence of the party affected including but not limited to acts of God, natural disasters, storms, fire, flooding, any labour or trade dispute, strikes, industrial action or lockouts, any law or any action taken by a government or public authority, including imposing an export or import restriction, quota or prohibition, extended customs procedures or unforeseen delays at borders, or failing to grant a necessary licence or consent, non-performance by suppliers or subcontractors, and, epidemic or pandemic.

“Wholesale” shall mean a sale of Goods to a third party distributor.

2 Conditions Applicable

2.1 These Terms and Conditions shall apply to and govern all contracts for the sale of the Goods by the Company to the Customer where the Goods are despatched by mail order or postal / courier delivery. Any purchase of Equipment by the Customer will be invoiced separately by the Company to the Customer and is governed by the supplemental terms and conditions and equipment service terms (available on request). All conditions of the Customer or other terms and conditions or warranties whatsoever, whether communicated before or after this agreement, 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 in any circumstances 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 Customer shall inform the Company if at any time their license/registration expires and has not been renewed, or is limited, revoked, terminated, cancelled or is no longer associated with the Customer’s account.

2.5 The Company reserves the right to accept or reject any orders in its absolute discretion. If acceptance or rejection is not communicated within five working days after receipt of the order, the order shall be deemed accepted.

2.6 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.

2.7 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.

2.8 Please note that the Terms and Conditions shall also apply to any elements of any contracts which are maintained and finalised via electronic means.

2.9 The Company reserves the right to monitor or record telephone calls for quality assurance and training purposes.

3 Delivery

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 for this contract. The Customer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.

3.2 If the 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 instalment shall not entitle the Customer to treat the contract as a whole as repudiated.

3.3 The Company will only deliver restricted goods (including but not limited to pharmaceuticals) and Equipment to an authorised dental practice address, which for the avoidance of doubt shall not include a residential address nor to any EU countries.

4 Cancelling Orders/Returned Goods

4.1 In accordance with clause 2.5 and 2.6 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 All Goods returns by the Customer must be approved by the Company. Unapproved returns will not be accepted or processed.

4.3 The customer can gain approval to return the Goods by the following means:

4.3.1 Email: customerservices@kentexpress.co.uk

4.3.2 Tel: 0800 028 1533,

4.4. Goods can only be accepted for return, and the Customer will only receive a credit, if the original invoice can be traced, and the returned Goods meet the following conditions:

4.4.1 Goods must be returned within 14 days of delivery to the Customer.

4.4.2 Goods returned must be in a condition suitable for re-sale, without damage to outer packaging, unused, and inclusive of all original packaging, operating instructions, guarantee card and accessories, as applicable.

4.4.3 Goods being returned must be lines stocked by the Company. The Company is unable to accept returns of ‘buy to order’ Goods which are obtained direct from manufacturers/suppliers, unless approval in advance is obtained in writing from the Company, by the Customer, and this occurs prior to delivery of the Goods. The Company reserves the right to raise a reasonable cancellation charge and to invoice the Customer for any restocking fee levied by the manufacturer / supplier.

4.4.4 Returns collections for the Goods will only be arranged from the practice or site that the Goods were originally delivered to.

4.4.5 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.

4.5 Returns received that have not been authorised or do not adhere to the terms of this contract will be refused and no refund will be given. At the Company’s absolute discretion an exception may be made, however, this will incur a restocking charge which will be communicated to the Customer at the time the exception is made, (typically 25% of the cost of the Goods).

4.6 Goods which are returned and are damaged or lost in transit will not be credited by the Company as it is the Customer's responsibility to ensure that the Goods are adequately packaged and labelled. The Customer bears the risk of returning the Goods.

4.7 Damaged or faulty Goods that may contain personal data on them should have all personal data permanently deleted before the Goods are returned.

4.8 Upon receipt of any returned Goods a credit will be provided at a sum equal to that which the Customer paid for the Goods, less any applicable restocking fee.

4.9 Where a Customer places a large volume order of Goods, in excess of the Company’s normal retained stock items, the Customer shall not be entitled to rescind, vary, or cancel the Order without the prior written consent of the Company. All returns shall be at the full discretion of the Company.

4.10 Customers are reminded that it is illegal to send contaminated goods through the post. To reduce the risk of cross contamination, instruments and equipment should be sterilised in line with the manufacturer’s instructions and details of the method of sterilisation used for the returned items should accompany them. Instruments containing mercury must be emptied and disposed of in a suitable authorised container before return. The Company reserves the right not to handle items or receive returns which do not meet these specific requirements.

4.11 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 our Customer Services team on 0800 028 1181 (option 3) or e-mail on customerservice@kentexpress.co.uk within 3 working days of receipt 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.

4.12 Where items are received in unusable/damaged condition, the customer service team should be notified within 3 days of delivery at the contact details in 4.11 above. Thereafter, unless otherwise instructed, the Goods must be returned in accordance with the provisions of this Contract.

4.13 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 team on 0800 028 1181 (option 2) 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 our Customer Service team on 0800 028 1181 (option 2) for assistance in identifying such items).

4.14 EXPORT ONLY The Company cannot accept the return of goods that are exported outside of the UK & Eire, unless the Company has agreed to this and only where the Company has sent the wrong Goods to you or the Goods are faulty.

4.15 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.

4.16 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.

4.17 Please do not return any goods before contacting our Customer Services Department on 0800 028 1181 (option 2) who will issue a Returns Note and arrange collection for you.

4.18 For larger and non-stock items a charge may be levied.

4.19 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.

4.20 Kent Express Own Brand "No Quibble" Guarantee: If you are not fully satisfied with any Kent Express Own Brand product, we offer a “no quibble guarantee”. You can return the item(s) to us within 30 days of the date of delivery for a refund of the product price at invoiced value. You will need to obtain a Returns Authorisation Number from our Customer Service team before returning the item(s) by calling 0800 028 1181 (Option 3) or emailing customerservice@kentexpress.co.uk. This guarantee covers the following brands: Acclean, BA International, Big White Smile, Cybertech, DEHP, EdgeEndo, Kent Dental, Orthosmail, Profection, Supreme Endo, Ultradent. Pharmaceutical products and small equipment are excluded from this additional satisfaction guarantee and can only be returned if damaged in transit or due to a manufacturer recall.

5 Returned Pharmaceuticals

5.1 Pharmaceuticals will only be accepted for return by the Company where the reason for return is one of the following: -

5.1.1 to correct an order error made by the Company;

5.1.2 in response to a product or batch recall, instigated by a manufacturer;

5.1.3 where the Goods are faulty.

Any returned pharmaceuticals outside of the above categories will be destroyed by the Company as they have not been kept in a controlled environment and not returned to the Customer and no refund will be given to the Customer.

5.2 In all cases of approved returns of pharmaceuticals, the Goods must be returned by the Customer and received at the Company’s premises at Medcare North, Centurion Close, Gillingham Business Park, Gillingham, Kent ME8 0SB within 5 days of the invoice date. 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 0800 028 1181 (option 2) or e-mail on customerservice@kentexpress.co.uk before returning these items.

6 The Price and Payment

6.1 The price to be paid by the Customer for the Goods shall be the sum(s) shown on the Company’s invoice(s) (“the Price”). The Price is exclusive of VAT, unless indicated otherwise. The Price shall be based on the sum quoted to the Customer in the Company’s price list, but the Company reserves the right to amend the Price at any time in its absolute discretion and to correct clerical errors or omissions. Any special price agreements between the Company and a Customer shall be valid only if in writing and agreed by the Company.

6.2 The prices quoted in the Company’s price list for the Goods are in pounds sterling. Due to fluctuations in currency exchange rates the Company reserves the right to alter the prices charged to customers of the Goods outside the UK. Unless otherwise specifically stated, all prices quoted by the Company for the Goods are exclusive of Value Added Tax, which shall be due at the rate in force on the date of the Company’s invoice to the Customer.

6.3 In addition to invoicing for the Price of the Goods, the Company shall also invoice at cost for all packing, carriage charges, tax and duties on any order which is to be delivered outside of the UK, excepting Eire where a charge of €7.50 will be levied on any order less than €200.00, exclusive of any tax or duties in force at the date of despatch.

6.4 Orders placed with and sent directly from manufacturers will incur a carriage charge, which will be invoiced by the Company to the Customer in addition to the Price. In advance of all customised orders, a signed order acceptance must be completed.

6.5 Payment of the Price and any VAT to the Company is due on or before the Due Date by the Customer. 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 credit card, full payment for the Goods must be made at the time of the order. For Wholesale and Export Customers, alternative payment terms may be agreed direct by the Company with its Wholesale and Export Customers, as payment in advance may be required for Goods, or bespoke credit terms may be agreed in writing.

6.6 This contract applies to the purchase by the Customer of the Goods from the Company and in relation to the supply of any spare or replacement parts for the Goods. The Company reserves its right to impose a charge for site visits by the Company’s service engineers to attend the Customer’s premises to repair the Goods.

6.7 If the Customer purchases Equipment from the Company the payment terms will be confirmed in the terms & conditions applicable to the order for the Equipment and supplied at the time of quotation. Any such payment terms take precedence over the standard payment terms quoted on the Company’s invoices .
6.7 Where the Goods are delivered in instalments the Company may invoice each instalment separately and the Customer shall pay all such invoices in accordance with this agreement.

6.8 If the Customer is in default in paying any sum as it falls due, the Company shall have the right to suspend all further deliveries of the Goods or any Equipment orders until full payment is received and/or to cancel the contract in respect of any Goods not yet delivered. Additionally, outstanding payment for the Goods supplied to the Customer shall become immediately due and owing, whether previously invoiced or not.

6.9 In the event that the Customer fails to pay any monies by the due date, the Company shall be entitled to charge interest under the Late Payment of Commercial Debts (Interest) Act 1998 unless the Customer is a consumer within the meaning of the Unfair Terms in Consumer Contracts Regulations 1999 in which case interest at the rate of 4.5% per annum will apply, until full payment is received. The Customer shall also indemnify the Company against expenditure on all costs of recovery including without limitation all 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.

6.10 A small order carriage charge of £4.99 per order will be charged on all orders purchased by the Customer in the UK with a cumulative value of under £50.00 and a small order charge of €7.50 will be levied in Eire on any orders with a cumulative value of under €200.00. Small order handling charges do not normally apply online, although the Company reserves the right to change this policy at any time.

6.11 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.

6.12 WHOLESALE ONLY – For Wholesale Customers a charge will be made for any temperature controlled or palletised orders, the cost to be agreed with the Wholesale Customer prior to delivery. Wholesale Customers are permitted to organise their own transport or freight, provided they meet the cost of this and accept that risk in the Goods passes at the point the Goods are loaded into the transport organised by the Wholesale Customer.
6.13 In the event that the Supplier’s fuel or freight charges increase by more than 2% for any consecutive 10 day period or more the Supplier reserves the right to pass on this additional cost to its Customers.

7 Discounts

7.1 All Discounts exclude VAT.

7.2 There are some Goods where discounts and rebates will not apply, including, but
not limited to, pharmaceutical, anaesthetics, and licenced Goods, repair services and Equipment, spare parts, sales of Goods to Wholesale Customers etc.

7.3 Web-only prices are strictly available only for orders placed at www.kentexpress.co.uk and are available to end-users only.

8 Title and Risk

8.1 Transfer of risk in the Goods occurs at the point the Customer takes delivery.

8.2 Title in the Goods or any part thereof shall only pass to the Customer following receipt by the Company of full payment for the Goods in cleared funds, by the Customer. 8.3 Prior to title in the Goods passing, 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 and until such time as title passes the Customer shall hold the Goods as the Company’s fiduciary agent and bailee.

9 Warranty

9.1 Subject as expressly provided in these Conditions and except where the Goods are sold or services provided to a person dealing as consumer within the meaning of the Unfair Terms in Consumer Contracts Regulations 1999 all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permissible by law.

9.2 Where the Goods are supplied to the Company with the benefit of a warranty from the manufacturer, that warranty will continue to apply to the Goods following sale to the Customer, whether the Goods are sold individually or as a package. If alleged defects in the Goods prove to have been caused by incorrect operation, cleaning or handling or other improper use, the Company reserves the right to charge for service calls to deal with any repairs of the Goods or refuse a refund if requested. In all other respects the Company will provide replacement parts for the length of the manufacturer’s warranty, and labour free of charge for a period of 3 months from the date of delivery.

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 the Goods supplied by the Company.

9.4 Equipment and computer products that require installation and warranty/support services thereafter are subject to additional terms and conditions and service conditions (available on request) and any manufacturer warranty will be explained to the Customer at the time of purchase.

9.5 Where Goods are listed as alternative and/or companion products on the Company's website, we make no warranty and offer no liability in respect of the fitness for purpose of the ‘alternative products’ as suitable substitutions for the product, or the compatibility of the ‘companion products’ to work with the product and the Customer should undertake its own reasonable investigations to ensure the suitability of these items for the Customer’s intended purpose.

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 of the Goods or materials to the Customer, 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 the Goods or services by the Company to the Customer (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 of 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 delivery of the Goods by the Company. Alleged non-delivery of the 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.

11 Applicable Law

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 and the courts of England shall have exclusive jurisdiction.

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 Finance

Henry Schein UK Holdings Limited 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 on request.

14 Standard Promotional Terms and Conditions

14.1 Offers and discounts cannot be used in conjunction with any other offer or 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.

14.2 Practice Reward items are issued at the sole discretion of Kent Express and your Account Manager. In compliance with the Human Medicines Regulations (2012), all licensed medicines, anaesthetics and pharmaceuticals 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 up to 30 days for delivery of Practice Reward items. Kent Express is unable to take responsibility for tax due on Practice Rewards. Practice Rewards are available to residents within the UK only (excluding the Channel Islands due to customs restrictions).

14.3 Web order discount: All online orders will normally receive a 1.5% discount based on the regular full price of each "discountable" item. This excludes some items such as anaesthetics and pharmaceuticals. 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, and may not apply during site-wide promotional events.

14.4 Promotions offering free of charge goods shall not be available to customers based in the Channel Islands due to customs restrictions.

15 Standard Competition Terms and Conditions

15.1 Competitions are open to UK dental professionals aged 18 and above only. Henry Schein Group team members and Henry Schein Supplier team members are not eligible to enter. Please obtain permission to enter from your employer if required. Kent Express is not responsible for lost, damaged or incomplete entries. Entries may be disqualified if we have grounds to believe they are fraudulent or against published competition-specific rules.

15.2 The closing date for entries will be specified for each competition, together with the nature and quantity of prizes. We reserve the right to provide an alternative prize of equal value. No cash alternative will be offered. We accept one competition entry per registered customer billing account number, unless otherwise specified. Winners will be notified by email and/or phone within 30 days after the competition closing date. We may publish the winner’s name(s) and practice name(s) in our flyers, on our website, in newsletter emails and on social media platforms. Winners have 30 days in which to claim a prize. If a prize is unclaimed after 30 days, a new winner will be drawn. Prizes will be sent to the Practice Address that we hold on file for the winning Billing Account number, without exception.

 

Last Updated: 6th March 2024