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Terms & Conditions

  1. These Terms
    • These are the terms and conditions (“Terms”) on which we supply our products (“Products”) to you.
    • Please read these Terms carefully before you submit your order for Products to us. These Terms tell you who we are, how we will provide Products to you, how you and we may change or end the contract between us, what to do if there is a problem and other important information. If you place an order for Products with us then you will be deemed to have accepted these Terms.
  2. Information About Us and How to Contact Us
    • We are CoreCare Global Limited trading as Yorkshire Care Equipment, a company incorporated and registered in England and Wales with company number 08931470 whose registered office is at Linkside House, Forest Lane Head, Harrogate, North Yorkshire, HG2 7TE. Our registered VAT number is 182 1454 19.
    • You can contact us by telephoning our customer service team on 01423 799960 or by emailing us on enquiries@yorkshirecare.com.
    • If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
  3. Our Contract With You
    • Your order for Products constitutes an offer to purchase the Products in accordance with these Terms. You are responsible for ensuring that your order and any applicable specifications or measurements are complete and accurate.
    • Our acceptance of your order will take place when we confirm the order to you, at which point a contract will come into existence between you and us (“Contract”).
    • We will assign an order reference to your order and this will be shown on any order acknowledgement we provide to you when we accept your order. It will help us if you can tell us the order reference whenever you contact us about your order.
    • If we are unable to accept your order, we will inform you of this and will not charge you for the Products.
    • The Contract constitutes the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in the Contract.
    • Any samples, drawings, descriptive matter or advertising produced by us and any descriptions or illustrations contained in our catalogues or brochures are produced for the sole purpose of giving an approximate idea of the Products described in them. They shall not form part of the Contract or have any contractual force.
    • Any information given to you by us in respect of the Products or their installation and use is not advice on which you should rely. You must obtain specialist advice before taking, or refraining from, any action on the basis of any such information.
    • For the avoidance of doubt, we shall have no obligation to buy back the Products, part exchange the Products and/or refund any monies to you except as set out in these Terms.
  4. Rights to Make Changes
    • If you wish to make a change to the Products you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the Products, the timing for delivery or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
    • We may change the Products:
      • to reflect changes in relevant laws and regulatory requirements; and
      • to implement minor technical adjustments and improvements.
  1. Providing the Products
    • The costs of delivery and installation will be as told to you during the order process.
    • During the order process we will estimate the date when we will provide the Products to you and install them. We will confirm this date when we have received the Products from their manufacturer.
    • If our delivery or installation of the Products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event.
    • If you are a business, any estimated dates of delivery and/or installation of the Products are approximate only and time shall not be of the essence to the Contract.
    • If you have asked to collect the Products from our premises, you can collect the Products from us at any time during our working hours of 8.30 am to 4.30 pm on weekdays.
    • If no one is available at your address to take delivery and the Products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the Products from us.
    • If you do not collect the Products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from us we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the Contract and clause 7.2 will apply.
    • If you have asked us to install the Products for you and you do not allow us access to your property as arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the Contract and clause 7.2 will apply.
    • The Products will be your responsibility from the time we deliver the Products to the address you gave us or you or a carrier organised by you collect them from us.
    • You own the Products once we have received payment in full.
    • We may need certain information from you so that we can supply the Products to you and install them for you. If so, we will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the Contract under clause 7.1 or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying or installing the Products late or not supplying or installing any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
    • We may have to suspend the supply of a Product to:
      • deal with technical problems or make minor technical changes;
      • update the Product to reflect changes in relevant laws and regulatory requirements;
      • make changes to the Product as requested by you or notified by us to you.
    • We will contact you in advance to tell you we will be suspending supply of the Products, unless the problem is urgent or an emergency. You may contact us to end the Contract if we suspend supply, or tell you we are going to suspend it, in each case for a period of more than 4 weeks and we will refund any sums you have paid in advance for the Products in respect of the period after you end the Contract.
    • If you do not pay us for the Products when you are supposed to under clause 9.3 and you still do not make payment within 5 working days of us reminding you that payment is due, we may suspend supply of the Products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the Products. We will not suspend the Products where you dispute the unpaid invoice under clause 9.5. We will not charge you for the Products during the period for which they are suspended. As well as suspending the Products we can also charge you interest on your overdue payments under clause 9.4.
  2. Your Rights to End the Contract – Consumers Only
    • If you are a consumer then we only supply the Products for domestic and private use and the provisions of this clause 6 apply if you wish to end the Contract.
    • If you bought the Products online or via the telephone, then you may have a legal right to change your mind within 14 days of delivery and receive a refund. These rights are set out in the Consumer Contracts Regulations 2013. If we have installed a Product within this 14 day period we reserve the right to charge you for this service.
    • If the Products you have ordered are not customised to your specifications, then you may contact us to end your Contract at any time before we have delivered and installed them, but in some circumstances we may charge you for doing this as described in this clause 6.
    • If you are ending the Contract for a reason set out at 6.4.1 to 6.4.5 below the Contract will end immediately and we will refund you in full for any Products which have not been supplied or have not been supplied properly. The reasons are:
      • we have told you about a significant change to the Products or these Terms which you do not agree to;
      • we have told you about an error in the price or description of the Products you have ordered and you do not wish to proceed;
      • there is a risk that supply of the Products may be significantly delayed because of events outside our control;
      • we have suspended supply of the Product for technical reasons, or we notify you that we are going to suspend them for technical reasons, in each case for a period of more than 4 weeks; or
      • you have a legal right to end the Contract because of something we have done wrong.
    • If you are not ending the Contract for one of the reasons set out in clause 6.4 or exercising your right to cancel within clause 6.2, then the Contract will end immediately and we will refund any sums paid by you for Products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the Contract.
    • If you end the Contract after Products have been dispatched to you and (because we cannot recall them) they are delivered to you, you must return them to us and you must bear the costs of returning the Products to us.
    • If you wish to end the Contract, please contact us by telephone or email.
    • If you are entitled to end the Contract and receive a refund then we will refund you the price you paid for the Products including delivery costs (less our reasonable deductions in accordance with these Terms), by the method you used for payment:
      • if you have received the Products, within 14 days from the day on which we receive the Products back from you; or
      • in all other cases, within 14 days of your telling us you have changed your mind.
  1. Our Rights to End the Contract
    • We may end the Contract at any time by writing to you if:
      • you do not make any payment to us when it is due and you still do not make payment within 5 working days of us reminding you that payment is due;
      • you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to supply the Products; or
      • you do not, within a reasonable time, allow us to deliver the Products to you and install them, or collect them from us.
    • If we end the Contract in the situations set out in clause 7.1 we will refund any money you have paid in advance for Products we have not supplied but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the Contract.
  2. Quality of the Products
    • If you have any questions or complaints about the Products, please contact us.
    • If you are a consumer, then the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. For detailed information on your legal rights please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
    • If you are a consumer and wish to exercise your legal rights to reject Products you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you.
    • If you are a business, we warrant that on delivery the Products will:
      • conform in all material respects with their description and any applicable specification;
      • be free from material defects in design, material and workmanship; and
      • be of satisfactory quality (within the meaning of the Sale of Goods Act 1979).
    • Subject to clause 8.6, if you are a business and:
      • you give us notice in writing within a reasonable time of discovery that some or all of the Products do not comply with the warranty set out in clause 8.4;
      • we are given a reasonable opportunity of examining such Products; and
      • you (if asked to do so by us) return such Products to our place of business, we will, at our option, repair or replace the defective Products, or refund the price of the defective Products in full.
    • We will not be liable for Products’ failure to comply with the warranty set out in clause 8.4 in any of the following events:
      • you make any further use of such Products after giving notice in accordance with clause 8.5;
      • the defect arises because you failed to follow our oral or written instructions as to the storage, commissioning, installation, use and maintenance of the Products or (if there are none) good trade practice regarding the same;
      • the defect arises as a result of us following any drawing, design or specification supplied by you;
      • you alter or repair such Products without our written consent;
      • the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions; or
      • the Products differ from their description as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.
    • Except as provided in this clause 8, we shall have no liability to you in respect of the Products’ failure to comply with the warranty set out in clause 8.4 and the terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Contract.
    • These Terms shall apply to any repaired or replacement Products supplied by us.
  1. Price and Payment
    • The price of the Products (including VAT, delivery and installation costs) will be the price we have agreed with you in writing at the time of your order (“Price”).
    • If the rate of VAT changes between your order date and the date we supply the Products, we will adjust the rate of VAT that you pay, unless you have already paid for the Products (including delivery and installation costs) in full before the change in the rate of VAT takes effect.
    • If the Products have been made to your specifications or are clearly personalised, you must pay:
      • a deposit of 40% of the Price on the date that we accept your order; and
      • the remaining 60% of the Price together with any agreed additional costs:
        • if you are a consumer, at the time that the delivery and installation of the Products is materially complete;
        • if you are a business, within 30 days of the day that the delivery and installation of the Products is materially complete.
      • If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of The Bank Of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
      • If you think an invoice is wrong please contact us promptly to let us know and we will not charge you interest until we have resolved the issue.
      • The Price does not include any costs in respect of any necessary licences, planning permissions or consents in relation to the Products and/or their installation and use. You will be responsible for any such costs unless otherwise agreed in writing by us.
  1. Our Responsibility for Loss or Damage Suffered By You
    • If you are a consumer:
      • we are responsible for loss or damage you suffer that is a foreseeable result of our breaking the Contract or our failing to use reasonable care and skill;
      • if we are installing the Products or providing other services in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services; and
      • we only supply the Products for domestic and private use. If you use the Products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
    • If you are a business:
      • nothing in these Terms shall limit or exclude our liability for:
        • death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
        • fraud or fraudulent misrepresentation;
        • breach of the terms implied by section 12 of the Sale of Goods Act 1979;
        • any matter in respect of which it would be unlawful for us to exclude or restrict liability;
      • subject to clause 2.1:
        • we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract; and
        • our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the Price.
  1. How We May Use Your Personal Information
    • We will use the personal information you provide to us:
      • to supply the Products to you;
      • to process your payment for the Products; and
      • if you agreed to this during the order process, to inform you about similar Products that we provide, but you may stop receiving these communications at any time by contacting us.
    • Where we extend credit to you for the Products we may pass your personal information to credit reference agencies and they may keep a record of any search that they do.
    • We will only give your personal information to other third parties where the law either requires or allows us to do so.
  2. Other Important Terms
    • We may transfer our rights and obligations under these Terms to another organisation.
    • You may only transfer your rights or your obligations under these Terms to another person or organisation if we agree to this in writing.
    • The Contract is between you and us. No other person shall have any rights to enforce any of its terms.
    • Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
    • If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking the Contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
    • If you are a consumer, these Terms are governed by English law and you can bring legal proceedings in respect of the Products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Products in either the Northern Irish or the English courts.
    • If you are a business, these Terms are governed by English law and we irrevocably agree that the courts of England will have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the Contract or its subject matter or formation (including non-contractual disputes or claims).

 

>> Download the Yorkshire Care Equipment Terms & Conditions – Version 1.1 here >>

>> Download the Yorkshire Care Equipment Complaint Handling Policy here >>

 

YORKSHIRE CARE EQUIPMENT – STANDARD TERMS & CONDITIONS FOR EQUIPMENT HIRE

  1. DEFINITIONS
    In these terms and conditions the following words shall have the following meanings: ‘The Company’ shall mean CoreCare Global Ltd trading as Yorkshire Care Equipment whose registered office is situated at Linkside House, Forest Lane Head, Harrogate, North Yorkshire, HG2 7TE.’The Customer’ shall mean any party with whom the Company enters into a Contract. ‘The Contract’ shall mean the contract entered into between the Company and the Customer of which these terms and conditions shall form part. ‘Equipment’ shall mean the subject matter of the Contract.
  2. ACCEPTANCE AND RESPONSIBILITY
    1. Acceptance by the Company of any offer for rental of Equipment is subject to these terms and they may not be varied except by agreement in writing by the Company.
    2. The Customer accepts responsibility for:
      • the selection of all Equipment; and
      • all Equipment during the period of rental as defined in the Clause 4.
  1. RENTAL CHARGES
    1. The Equipment will be charged at the Company’s rental rates specified at the date of the Contract.
    2. The Company reserves the right to alter its rental rates for the Equipment from time to time subject to giving the Customer not less than 4 weeks notice in writing of such alteration, for any equipment already on hire.
  2. RENTAL PERIOD
    1. The rental period will commence from the time the equipment is delivered to the Customer (for an additional advanced payment) or collected by or on behalf of the Customer (as agreed) and will continue until the day on which the equipment is collected or returned to the Company’s premises.
    2. If the Customer fails to return the equipment to the Company’s premises on or prior to the last day of the rental period referred to in the Contract or pursuant to terms agreed between the Company and the Customer the Contract shall be deemed to have been extended upon similar terms as to payment to those subsisting immediately prior to its extension and the Contract shall subsist until the Equipment is returned to the Company’s premises.
  3. PAYMENT TERMS
    Payment of all invoiced charges is strictly net 7 days from date of invoice. If the Customer defaults in making any such payment, then without prejudice to any other rights of the Company the Company shall be entitled to charge interest on the amount of any outstanding payment from the date of invoice to the date of payment thereof at the rate of 4% over the base rate of The Bank of England plc.
  4. DELIVERY AND RETURN
    1. The Customer will select delivery (at additional cost) or collection when placing an order.
    2. Prior to the return of the Equipment by the Customer to the Company in accordance with the conditions of the Contract, the Customer will agree with the Company return times and suitable transportation for the return of the equipment to the Company.
    3. The Customer will be responsible for all transportation expenses including delivery and return of Equipment whether affected by the Customer or the Company.
  5. ACCEPTANCE OF EQUIPMENT
    1. Acceptance by the Customer of delivery of the Equipment shall be evidence that the Equipment has been delivered in accordance with the Contract. Within 8 hours of the delivery of the Equipment the Customer shall test the Equipment and in the event of the Equipment being faulty or not in accordance with the Contract, the Customer shall forthwith notify the Company by giving the Company details of the fault or deviation of the Contract terms. The Company will then inform the Customer of remedial action the Company will take.
    2. For Equipment collected from the Company by the Customer, responsibility for the safekeeping of the Equipment shall pass to the Customer or his agent immediately upon the Customer or his agent receiving the Equipment.
  6. LOSS OR DAMAGE
    On the occurrence of any loss or damage to the Equipment the Customer shall immediately notify the Company by telephone and shall confirm the same in writing. The Customer shall, on written demand by the Company, pay to the Company the full costs of replacement or repair of the Equipment within 7 days after the date of such demand. In the event of loss or damage, the rental charge shall continue to be paid. On receipt of payment for the full cost of replacement or repair the Company will replace or repair the Equipment as the case may be.
  7. WARRANTY
    The Company hereby warrants to the Customer that at the commencement of the rental period the Equipment complies with its manufacturer’s description. The benefit of this warranty may not be assigned by the Customer to any other party. Any claim against the Company in respect of any failure is limited to the value of the hire of the item which has malfunctioned. No other claims will be considered.
  8. USAGE OF EQUIPMENT
    The Customer will in its use of the equipment observe all the manufacturer’s instructions and where appropriate, the Company’s instructions and other regulations both statutory or otherwise that may be issued or may be enforced for the proper use thereof and shall be responsible for any damage caused to the equipment through failure to observe such instructions or regulations or failure to use the equipment in a proper manner.
  9. LIABILITY AND INDEMNITY
    1. The Customer shall be responsible for and hold the Company fully indemnified against any claim for loss, damage, injury or death to any company, firm or person arising in connection with the use by the Customer of the Equipment provided that such indemnity shall not extend to any liability of the Company for death or personal injury resulting from the negligence of the Company or its servants or agents.
    2. Any damages to which the Customer may become entitled in any claim against the Company in any action whatsoever arising out of the Customer’s use of the Equipment or pursuant to the Contract shall be limited in amount to the amount of the rental payments paid by the Customer for the Equipment to the Company as at the date on which the damages occurred.
    3. Save as provided by the provisions of Section 55 of the Sale of Goods Act 1979 all guarantees, warranties, conditions or liabilities whatsoever whether expressed or implied by statute common law or otherwise are hereby excluded.
  10. PURCHASE OPTION
    1. The Customer shall, subject to clause 12.2, have the option to purchase the Equipment at the end of the Rental Period at a price agreed with the Company.
    2. The purchase option may be exercised only if all amounts due to the Company under these terms are fully paid.
    3. Upon completion of the purchase of the Equipment under this clause 12, ownership of the Equipment shall transfer to the Customer. The Equipment shall transfer to the Customer in the condition and at the location in which it is found on the date of transfer.
  11. OWNERSHIP
    The Equipment shall remain at all times the property of the Company and the Customer acknowledges that the Equipment is supplied to the Customer on a rental basis only except where the Customer purchases the Equipment pursuant to the purchase option in clause 12.
  12. DELIVERY DATES
    Delivery dates are quoted without any liability to the Company and in respect of any such dates time shall not be of essence of the Contract, although every reasonable endeavour will be made to adhere to them. In no circumstances will the Company be liable for delay arising from any cause whatsoever.
  13. VAT
    All rental charges shown in the schedule are exclusive of VAT, which will be charged at the rate applicable at the relevant tax point date.
  14. MAINTENANCE
    1. The Company shall, at its expense, provide maintenance of and/or recalibration for the Equipment and shall either repair or replace Equipment, which becomes defective during the subsistence of the Contract through no fault of the Customer.
    2. If the Equipment does not operate properly, the Customer shall notify the Company and request instructions before taking any remedial action or returning the same to the Company.
    3. In the event of the Equipment requiring repair or recalibration as a result of Customer negligence, misuse or abuse then the Customer shall bear the cost of any such repair and/or recalibration.
    4. Where Equipment needs maintenance and/or recalibration other than in circumstances referred to in Clause 16.3, rental charges will be credited to the account of the Customer for the period the Equipment is not in use.
  15. CUSTOMER’S OBLIGATION
    During the subsistence of the Contract, the Customer shall:

    1. Keep the Equipment in the Customer’s possession and under the physical control of the Customer;
    2. Not keep the Equipment at any other address, other than that laid down in the hire contract, or move the Equipment in any manner except as authorised in writing by the Company, and, if so authorised, shall forthwith give written notification of the change of address or relocation to the Company;
    3. Keep the Equipment in good condition and not subject the same to any misuse (including but not limited to use conflicting with the recommendations of the manufacturers of the Equipment) or unfair wear and tear and to use the same in a proper manner;
    4. Permit the Company and its authorised agents at all reasonable times to enter upon any premises (or vehicle) where the Equipment may be located for the purpose of inspecting, maintaining, repairing or testing the same;
    5. Repay the Company on demand all costs, charges and expenses incurred in any way by reason of any breach of the Contract or other obligation of the Customer;
    6. Preserve the Company’s and/or manufacturer’s identification number and/or mark and/or nameplate affixed to the Equipment either by the Company and/or the Manufacturer;
  16. PAYMENT GUARANTEE
    The Customer must provide the Company with a completed credit card/guarantee form unless a credit account has been approved in advance of the hire or a valid form is already in the possession of the Company. The guarantee may be used by the Company to ensure payment against the Customer’s obligations for rental payments and the cost of any goods purchased, and for any other amounts due to the Company for hire, supply, late return, damage to or loss of any equipment or service supplied.