2. Acceptance of Terms

2.1 Binding agreement

These Terms apply to every sales Contract and sale of Goods or Services between NHM and the Customer. NHM expressly rejects any conflicting terms from the Customer’s order.

2.2 Formation of contract

A Contract is only formed upon an order placed in writing by the Customer and accepted by NHM (written or by overt act of acceptance).

2.3 Confirmation Orders

Confirmation orders must be marked as such by the Customer. Unmarked orders will be considered original by NHM.

3. Pricing and Payment

3.1 Quotations

Prices quoted by NHM will have a validity period stated in the quotation. NHM reserves the right to adjust prices without notice.

3.2 Payment Terms

• Unless credit facilities have been granted in writing, payment in full is due upon placement of the order or upon delivery (as agreed).
• If credit facilities are granted, invoices must be paid by the agreed due date (typically, end of the month following the invoice date).
• Payment by cheque is not considered received until the cheque clears the bank.

3.3 Additional Charges

Unless explicitly included in a quotation, additional charges apply for:

• Repairs, replacements, alterations, or additions to equipment.
• Extra work deemed necessary during service.
• Spare parts used during service (price confirmed at time of service).

4. Delivery and Service

4.1 Delivery of Service

NHM strives to provide prompt service. Typical response times for service calls will be communicated upon request. Critical medical equipment will be prioritised.

4.2 Customer Responsibilities

• Ensure all equipment is available and accessible for service at the scheduled visit.
• Provide all necessary information regarding communication and signalling systems connected to the equipment.

4.3 Risk and Title Transfer

• Risk of loss or damage to the equipment transfers to the Customer upon delivery or notification that the equipment is ready for collection.
• Title of the Goods (spare parts) transfers to the Customer only upon full payment to NHM.

5. Warranties and Liability

5.1 Warranties

Goods supplied and/or installed by NHM will have the benefit of any warranty provided by the manufacturer, which NHM will enforce without additional expense.

5.2 NHM Warranties

NHM warrants that services will be performed with reasonable skill and care.

5.3 Limitations of Liability

NHM’s liability is limited to fulfilling Contracts according to their terms. NHM is liable for personal injury or death caused by their act or neglect (or their employees).

NHM is not liable for:

• Indirect or consequential loss/damage (however caused).
• Loss/damage caused by: Operation, failure to operate, overdue maintenance, misuse, or incompetent use of equipment. The equipment being inadequate for the risks involved.

Important Note: Adequate insurance is still necessary. The Customer acknowledges:

• They have ensured the suitability of the equipment for their purposes.
• Specifications, details, and forecasts of performance are approximations only and do not form part of the Contract.

6. Termination

Either Party may terminate this Contract upon written notice for breach of these Terms. NHM may terminate the Contract immediately for non-payment by the Customer.

7. Returns Policy

7.1 Returns Due to NHM Error

If NH Maintenance Ltd (“NHM”) supplies incorrect or faulty Goods, or if Goods are damaged upon delivery due to NHM’s fault, the Customer must notify NHM within 7 working days of receipt. NHM will:

• Arrange collection of the Goods at no additional cost to the Customer.
• Supply the correct replacement Goods, or
• Issue a full credit/refund, as agreed with the Customer.

7.2 Returns Due to Customer Request

If the Customer wishes to return Goods that were correctly supplied but are no longer required, the Customer must notify NHM within 30 days of receipt. Returns will only be accepted if:

• The Goods are unused, in their original packaging, and in resalable condition.
• The Customer arranges return with NHM prior to sending back.

In such cases, the Customer will be responsible for return carriage costs, and NHM reserves the right to charge a reasonable carriage and handling fee.

7.3 Exclusions

The following Goods are non-returnable except where faulty:

• Custom or special-order items.
• Goods that have been installed, used, or damaged after delivery.

7.4 Procedure

All returns must be authorised in writing by NHM before being shipped. Goods returned without prior authorisation may be refused.