Terms And Conditions of Sale
1. THE ENGAGEMENT
• 1.1. The Customer has engaged the Supplier to supply the goods described in Item One of the Schedule (the “Contract Goods”) and the Supplier has agreed to supply the Contract Goods for the Customer exclusively.
• 1.2. The Supplier represents to the Customer that the Supplier has skill, knowledge, experience and expertise in providing the Contract Goods and will provide the Contract Goods to the standard required by the Customer.
• 1.3. The supplier will not, without the prior written consent of the customer (which consent may be refused without the customer being obliged to give any reason therefore) appoint any other person, company or entity to supply the same or similar goods to the Contract Goods with the intent that the Supplier will be the sole and exclusive provider of the Contract Goods to the Customer.
2. PRICES AND PAYMENT
• 2.1. The Customer has agreed to pay the supplier the prices for the contract goods (the ‘prices’) as set out in the terms. The prices are the full amount which the customer must pay for the contract goods. Second payment to 50% of overall balance must be received within 14 days of the date of this agreement and final balance of 50% payable no later than 60 days from the date of this agreement and upon installation of goods, unless otherwise agreed in writing by the supplier, or in breach of item 2.5 of this agreement.
• 2.2. If for whatever reason the Customer does not pay for any Contract Goods when payment becomes due the Supplier may, without being in breach of this Agreement, suspend supply of the Contract Goods until all outstanding payments have been made. If the Customer fails to make such payment within 14 days of any request for payment, then the Supplier may terminate this Agreement by giving notice in writing to the Customer to that effect.
• 2.3. Until the Supplier is paid all money due to the Supplier by the Customer for all forms of equipment, goods, services and marketing material, the Supplier is entitled to hold by way of lien as security for such payment all the Customer’s property (if any) in the Supplier’s possession.
• 2.4. The right is reserved to revise quoted or listed prices and discounts without prior notification.
• 2.5. If the customer fails to make any payment on the due date then without prejudice to any other right or remedy available to the supplier, the supplier reserves the right to: a). Charge interest on payments outstanding after the due date at the rate (both before & after judgement) of eight percent per annum above the base rate of the Bank of England in force on the due date. b). Require the customer to make payment in advance of any delivery not yet made. c). Not make any further delivery to the Customer.
3. QUALITY OF CONTRACT GOODS
• 3.1. The Contract Goods must be of good quality, confirm with their description and be fit for use in their disclosed intended purposes.
• 3.2. The Contract Goods must comply with all safety standards, codes and applicable legislation.
4. ORDERING, DELIVERY AND PACKAGING
• 4.1. All Contract Goods must be ordered by the Customer on the Supplier’s standard order form or standard order method which order form or method the Supplier may from time to time change.
• 4.2. Unless otherwise agreed in writing the Contract Goods must be delivered to the Customer within the number of days set out in Item Five of the Schedule from the date they are ordered.
• 4.3. The Customer may require any particular packaging of the Contract Goods provided that if this is different from the manner in which the Supplier usually packages those Contract Goods, all such additional costs will be borne by the Customer. The transportation costs from the place of delivery will be borne by the Customer.
• 4.4. Orders may not be cancelled by Customer after acceptance without the consent and written agreement of the supplier.
• 4.5. Supplier reserves the right to alter or amend these conditions at any time save in respect of orders already accepted.
5. BREACH BY SUPPLIER
5.1. If the Supplier breaches any of its contractual obligations under this Agreement and fails to remedy that breach promptly and in any event within 14 days of being requested in writing by the Customer to remedy the breach, then the Customer may by written notice to the Supplier terminate this Agreement. Upon termination of the Agreement, the Customer is also obliged to pay the Supplier for the Contract Goods actually supplied to the Customer.
6. BREACH BY CUSTOMER
6.1. If the Customer breaches any of its contractual obligations under this Agreement and fails to remedy that breach promptly and in any event within 14 days of being requested by the Supplier to so remedy, then the Supplier may, by written notice to the Customer terminate this Agreement. Upon termination of the Agreement, the Supplier has no obligation to supply any further Contract Goods to the Customer. The Supplier will be entitled, notwithstanding such termination, to claim as a debt owing any amount due to the Supplier on termination and claim damages in respect of any loss sustained by the Supplier including loss of profits resulting from the breach.
• 7.1. If there is a problem with your order, you must notify us via email or by calling the landline number on this website within 7 days of receiving your product, after which the standard 1 year manufacturers parts warranty terms are applied where warranty support can be provided via email only. We carefully check your items through our strict quality control team before shipping it to you. You must check for any cosmetic damages before accepting your product from any courier company. Please do not accept if there are cosmetic damages as we cannot hold any responsibility for this.
Warranty is subject up to 48 hours inspection before advice can be given. Customers are liable for all postage and packaging costs of both ways.
Important: We must receive pictures and/or videos of the problem to forward to manufacturer before we can advise you further. The services department has set processes in place working alongside engineers to solve problems as quickly as possible, it is best to follow their procedures and advice for the speedy recovery of your item. Any issues can only be dealt with via email as the fault must be logged clearly. We cannot deal with any problem solving over the telephone and our manufacturer support staff are not available to speak to customers.
Please do not contact our sale staff, managers or directors with any machine warranty issue as they are not trained to deal with these issues. Doing this can potentially prolong the repair time as information may not be correctly recorded. We understand that it is frustrating when there is a problem with your machine or products and we will try to resolve it as soon as we can. White&Co cannot be liable for any loss of earnings or loss of business when there is a problem with your product.
During the Warranty Period
We will aim to contact manufacturer with your machine issues usually within 2-7 days on your behalf however, unfortunately, a fixed repair time, if warranty claim is accepted, cannot be guaranteed as the nature of each repair or fault may be different.
The customer is liable for the cost of posting and delivery.
White&Co does not accept responsibility for damage to any products, equipment or orders which occur during transit.
Therefore please ensure that any returns are suitably packaged.
None of our staff/management can override this warranty policy in any circumstances.
• 7.2. Products are not sold on a ‘sale or return’ basis. This my, from time to time, be accepted by the seller but this remains solely at the suppliers discretion and will advise by written consent only in this circumstance. Products are not to be returned to any address without the sellers written authority and an official collection has been arranged by the supplier.
8. ADDITIONAL CLAUSES
8.1. In any circumstance of future adaptation or alteration of European legislation, or within the law of the land to which this agreement relates and is dated from, the named supplier would in no circumstance become liable for any monetary reimbursement of equipment, goods, services or marketing material relating to, or included in this agreement.
• 8.2. Due to the very nature, tooth whitening products, be that of cosmetic or dental grade are subjective and results vary from person to person. Varying tooth colour and quality, prescribed medications, genetics and other mitigating factors make this the case. Due to these factors, no form of formal guarantee of overall effectiveness can be made.
• 8.3. Stage payments outlined in this agreement are designed to ease immediate financial burden upon the customer stated in this agreement, at the discretion of the named supplier. At each stage of payment (including deposit), up until installation, costs are accrued by the supplier in regards to equipment, product, design and materials related solely to this agreement and, as such, are non-refundable in the event of a change to the customers circumstances.
• 8.4. This Purchase Order Agreement constitutes as a legally binding agreement between stated ‘Supplier’ and ‘Customer’ for the stated items and products sold by the supplier, at the specified rate, and to be received by the purchasing customer. White&Co will not be held liable where any products or equipment are used outwith the governing country’s guidelines and regulations.
• 8.5. Purchases for a service, equipment and product are non-refundable and non-transferable once it is placed. Machinery is custom made to order immediately after a deposit/payment is placed. Products and machinery are non-refundable. We can exchange a faulty item within 7 days, after which the standard manufacturers warranty terms will apply. We do not cover the below accelerator light issues: power transformer packs, broken light ‘swan neck’ through misuse, damages to carry case on delivery, male and female threads, general wear and tear through poor maintenance.
•8.6. The sale, online or otherwise, of any branded goods and products supplied as business to business products to the customer from the supplier, to any other business/sole trader not associated, accredited, or registered with White&Co for the purpose of re-sale is strictly prohibited and legal action may be actioned in these instances. Only business’s vetted and approved by White&Co Cosmetics are permitted and accredited to be stockists and at White&Co’s discretion only.
•8.7. Notwithstanding anything elsewhere contained in this Agreement, any provisions in Item Six of the Schedule apply and over-ride any clause of this Agreement which clause, to the extent of its inconsistency with the provisions in Item Six, will have no effect whatsoever and will be deemed not to have been included in this Agreement.