1.1 This document was created using a template from Docular (https://docular.net).
2.1 These terms and conditions shall govern the sale and purchase of services.
2.2 This document does not affect any statutory rights you may have as a consumer (such as rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 or the Consumer Rights Act 2015).
3.1 In these terms and conditions:
(a) “we” means Impella; and
(b) “you” means our customer or prospective customer,
and “us”, “our” and “your” should be construed accordingly.
4.1 Our prices are quoted on our website.
4.2 We will from time to time change the prices quoted on our website, but this will not affect contracts that have previously come into force.
4.3 It is possible that prices on the website may be incorrectly quoted; accordingly, we will verify prices as part of our sale procedures so that the correct price will be notified to you before the contract comes into force.
5.1 You must pay the prices of the services you commit to when scheduling a callout.
5.2 Payments may be made by any of the permitted methods specified on our invoices.
5.3 If you fail to pay to us any amount due under these terms and conditions in accordance with the provisions of these terms and conditions, then we may begin legal proceedings to claim any amounts due.
6. Warranties and representations
6.1 You warrant and represent to us that:
(a) you are legally capable of entering into binding contracts;
(b) you have full authority, power and capacity to agree to these terms and conditions;
(c) all the information that you provide to us in connection with your order is true, accurate, complete and non-misleading.
6.3 All of our warranties and representations relating to the supply of services are set out in these terms and conditions. To the maximum extent permitted by applicable law and subject to Section 7.1, all other warranties and representations are expressly excluded.
7. Limitations and exclusions of liability
7.1 Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law,
and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.
7.2 The limitations and exclusions of liability set out in this Section 11 and elsewhere in these terms and conditions:
(a) are subject to Section 11.1; and
(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
7.3 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
7.4 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
7.5 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
7.6 Our aggregate liability to you in respect of any contract to purchase services from us under these terms and conditions shall not exceed the greater of:
(a) the total amount paid and payable to us under the contract.
We may cancel a contract under these terms and conditions by written notice to you if we are prevented from fulfilling that contract by any event beyond our reasonable control, including without limitation any unavailability of raw materials, components or products, or any power failure, industrial dispute affecting any third party, governmental regulations, fire, flood, disaster, riot, terrorist attack or war.
9. Consequences of order cancellation
9.1 If a contract under these terms and conditions is cancelled in accordance with Section 8:
(a) we will cease to have any obligation to deliver services which are undelivered at the date of cancellation;
(b) you will continue to have an obligation where applicable to pay for services which have been delivered at the date of cancellation (without prejudice to any right we may have to recover the costs).
10.1 These terms and conditions shall not constitute or effect any assignment or licence of any intellectual property rights.
10.2 These terms and conditions shall not govern the licensing of works (including software and literary works) comprised or stored in products.
10.3 These terms and conditions shall not govern the provision of any services by us or any third party in relation to the products (other than delivery services).
11.1 We may revise these terms and conditions from time to time by publishing a new version on our website.
12.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions – providing, if you are a consumer, that such action does not serve to reduce the guarantees benefiting you under these terms and conditions.
12.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
13. No waivers
13.1 No breach of any provision of a contract under these terms and conditions will be waived except with the express written consent of the party not in breach.
13.2 No waiver of any breach of any provision of a contract under these terms and conditions shall be construed as a further or continuing waiver of any other breach of that provision or any breach of any other provision of that contract.
14.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
14.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
15. Third party rights
15.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
15.2 The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.
16. Entire agreement
16.1 Subject to Section 7.1, these terms and conditions, together with our delivery policy and our returns policy, shall constitute the entire agreement between you and us in relation to the sale and purchase of our services and shall supersede all previous agreements between you and us in relation to the sale and purchase of our products.
17. Law and jurisdiction
17.1 These terms and conditions shall be governed by and construed in accordance with English law.
17.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.
18. Statutory and regulatory disclosures
18.1 We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.
18.2 These terms and conditions are available in the English language only.
18.4 The website of the European Union’s online dispute resolution platform is available at http://ec.europa.eu/odr. The online dispute resolution platform may be used for resolving disputes.
19. Our details
19.1 This website is owned and operated by J Corlett T/As Impella.
19.2 You can contact us:
(a) by telephone, on the contact number published on our website from time to time; or
(b) by email, using the email address published on our website from time to time.