Theraposture shall sell and the Customer shall purchase Theraposture's goods ("the Equipment") as set out in the attached order schedule ("the Schedule") subject to these conditions ("the Conditions") which shall govern each separate order for the Equipment between Theraposture and the Customer to the exclusion of any other terms and conditions subject to which any such order is made or purported to be made by the Customer.
Each separate order set out in a Schedule, together with these Conditions, shall constitute a separate contract between Theraposture and the Customer ("the Contract").
Nothing in these conditions shall affect the statutory rights of any consumer, which are covered either by the Sale of Goods Act 1979 or the Consumer Contracts Regulations 2014.
Orders and specifications
Theraposture and its assessors are responsible for ensuring the accuracy of the terms of the Schedule and that the product meets the Customer's needs.
If Theraposture has to cancel the Contract it will do so within 7 days of the order date and return to the Customer the deposit paid by the Customer.
If the Customer wishes to cancel the Contract it may do so within 14 days of the order date appearing on the Schedule by notifying Theraposture in writing. In that case the Company will refund the Customer's deposit in full. After that date cancellation is possible but return of the deposit is not guaranteed.
Theraposture offers a 14 day satisfaction guarantee on all sales. This is subject to conditions and is detailed in the wording of the guarantee which is included as part of the sales agreement:
Price of the Equipment
Subject to clause 3.2, the price of the Equipment shall be the price set out in the Schedule unless no such price is set out, in which case the price shall be the price listed in Theraposture's published price list current at the date of the Schedule.
The price for Equipment is exclusive of any applicable Value Added Tax which the Customer shall, where relevant, be additionally liable to pay to Theraposture.
Payment terms for consumer customers
A returnable deposit of up to 30% is required at the time of ordering any Equipment (or any other deposit that may be agreed between the Customer and Theraposture's representative). If the product sold is covered by the Consumer Contracts Regulations then all of the clauses of these regulations will apply to the sale.
The Customer must pay the balance of the price for the Equipment in full on delivery (or any other payment terms as may be agreed between the Customer and Theraposture's representative).
Delivery of the Equipment: This is be deemed to have occurred when Theraposture have delivered and installed the Equipment at the Customer's premises or residence, and have a delivery note signed to that effect.
Theraposture shall endeavour to deliver the Equipment by the date quoted for delivery on the Schedule but such date is a guide only and not guaranteed. In the case of consumer sales, if the Equipment is not ready for delivery within 3 months from the date of the Customer's order, the Customer may cancel the order and all moneys paid will be refunded by Theraposture.
If the Customer fails to take delivery of the Equipment or fails to give Theraposture adequate delivery instructions at the time stated for delivery, and as a result Theraposture are unable to deliver then Theraposture may store the Equipment until actual delivery and charge the Customer for the reasonable costs (including insurance) of storage. If the customer will not take delivery within 4 weeks of the first contact arranging delivery, unless Theraposture and the customer make a separate agreement, then Theraposture may cancel the order and retain the deposit to cover its costs.
Risk and Ownership
Risk of damage to or loss of the Equipment shall pass to the Customer upon delivery in the manner stated in clause 5.1 above.
The Customer shall not own the Equipment until it has paid Theraposture for it in full.
Damage to/faulty Equipment
The Customer shall carefully inspect all Equipment on delivery, and will notify Theraposture of and agree with Theraposture at the time of delivery any claim that is based on any defect in the quality or condition of the Equipment or its failure to correspond with specification. Where such defect or failure was not apparent on reasonable inspection the Customer shall notify Theraposture of the same immediately after discovery of the defect or failure. Any such notification must set out full details of the alleged defect or damage and be sent to Theraposture's Service Department at the address given in the Schedule.
If the Customer does not notify Theraposture of any claim in accordance with the provisions of this clause, the Customer shall not be entitled to reject the Equipment and Theraposture shall have no liability for such defects or failure, and the Customer shall be bound to pay to Theraposture the full price of the Equipment.
Theraposture warrants that the Equipment will be free from defects in material and workmanship for five years, or such period as specified in the certified Theraposture Certificate of Warranty, from the date of its delivery. Where Equipment is shown to be defective within this time Theraposture shall either provide parts, repair or replace the Equipment at its option. All warranties are subject to a 'fair wear and tear' clause. This and any other conditions are set out in the warranty certificate which forms part of the sales agreement.
The above warranty is given by Theraposture subject to the following conditions:
Theraposture shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, failure to follow Theraposture's instructions (whether oral or in writing), misuse, alteration, moving or repair of the Equipment without Theraposture's approval; and
Theraposture shall be under no liability under the above warranty (or any other warranty, condition or guarantee) if the total price for the Equipment has not been paid by the due date for payment.
Theraposture warrants that if relevant the Equipment is registered with the Medical Devices Agency and conforms with the relevant essential requirements of the Medical Devices Regulations 1994 to the extent that they are applicable and insofar as they relate to the safety and performance of the Equipment when used for its intended purpose.
Subject as expressly provided in these Conditions all warranties conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
Where any valid claim in respect of any of the Equipment which is based on any defect in the quality or condition of the Equipment or its failure to meet specification is notified to Theraposture in accordance with these Conditions Theraposture shall, at its sole discretion, replace the Equipment (or the part in question) free of charge or refund to the Customer the price of the Equipment (or a proportionate part of the price) but Theraposture shall have no further liability to the Customer.
Subject to clause11.3, Theraposture's liability to the Customer in respect of the Contract in contract or tort (whether for negligence or breach of statutory duty) shall be limited to the price of the Equipment.
Subject to clause 9.3, Theraposture shall not be liable to the Customer in contract, tort (whether for negligence or statutory duty) or otherwise howsoever and for whatever reason, (i) for any loss of profit, business, contracts, revenues or anticipated savings, or (ii) for any special, indirect or consequential loss or damage of whatsoever nature.
Nothing in these Conditions shall operate or be construed to operate so as to exclude or restrict the liability of Theraposture for death or personal injury caused to the Customer by reason of the negligence of Theraposture, its servants, agents or employees.
Goods Buy Back.
Theraposture will not buy back any goods which have been sold to you.
Governing law and jurisdiction
These Conditions shall be governed by and construed in accordance with English law, and each of the parties submits for all purposes in connection with these Conditions to the exclusive jurisdiction of the courts of England.
Age UK Trading CIC trades under the trading name Age Co.
Age UK Trading CIC (registered in England and Wales no. 1102972) is a trading subsidiary company of Age UK (registered charity, no.1128267) and donates its net profits to Age UK.
Age Co Adjustable Beds are provided by Theraposture Limited (registered company number 01649470, registered office: Kingdom Avenue, Northacre Industrial Park, Westbury, Wilshire, BA13 4WE).
Age Co Adjustable Beds was previously sold under the trading name Age UK Adjustable Beds.