Terms and Conditions

Terms & Conditions – Engineering Services and Call Outs 

 

1. Meanings

In these terms and conditions (“these terms”) the “Customer” means the customer for whom the call out works are to be carried out by AI Dental Engineering Ltd t/a Ai Healthcare Engineering Ltd and the “Company” means AI Dental Engineering Ltd t/a Ai Healthcare Engineering Ltd.

“Contract” means the agreement between the Customer and the Company to carry out the call out works of which these terms form a part.

“Works” means the call out works described in the Company Quotation or any other document or email issued by the Company, as may be varied by agreement in writing between the parties.

For the purposes of these terms, “in writing” includes by email and any document which is set out in a hand held device and any signature on a hand held screen shall be treated as in writing.

 

2. Acceptance of Works

The Company reserves the right to refuse or decline any call out work at its own discretion. Where the Company agrees to undertake works for the Customer this will be done so by authorised representatives of the Company only.

 

3. Call Out Fee and Charges

3.1 The Company charges a minimum call out fee of £120.00 for all call out appointments which includes:

• 30 minutes work
• return travel time and costs up to 50 miles

3.2  Any additional works required after the inclusive 30 minutes will be charged at £72.50 per hour

3.3  Any additional travel required over 100 miles will be charged at the rate of £60.00 per hour, chargeable in 10 minute increments

3.4  Any incidental travel expenses (e.g. congestion charge, tolls, parking etc.) to be charged at cost

3.5  Any parts/equipment required will be chargeable to the Customer.

 

4. Prices and Payment

Any prices or rates advised are subject to VAT at the prevailing rate.

4.1  All call out works agreed to be carried out by the Company for the Customer will be invoiced with the minimum call out fee stated in paragraph 3 on order. Payment is due upon delivery of the invoice and in advance of attendance on the call out appointment.

4.2 The invoice may include any other costs known to the Company at the time of the order for works or equipment and agreed in advance with the Customer.

4.3  Any additional works or equipment supplied by the Company during the call out in accordance with paragraph 5 will be invoiced upon completion of works/delivery to Customer and are due and payable within 7 calendar days of the date of the invoice.

4.4  Any late payments whether in part or in full of an invoice to the Company will be subject to the daily interest rate of 3% over the base rate until the payment in full is received by the Company.

4.5  The Company will be under no obligation to provide or issue any guarantees, certificates or other similar documents to the Customer for works unless payment has been made and received in full.

 

5. Call Out Works and Quotations

5.1  The Company will attend on the call out on the agreed date and time and carry out an initial assessment and works as required.  Works may be completed by the Company within the 30 minutes work included on the invoice.

5.2  Should any additional work in excess of the 30 minutes be required the Company will provide a Quotation for those additional works (including labour and materials to be supplied).  The Quotation will be in accordance with the Company’s standard charging rates in paragraph 3 and will include an estimate of the likely total costs involved based on details supplied by the Customer or a visual inspection by the Company.

5.3  On acceptance by the Customer of the Quotation the Company will proceed with the additional works, either on the same call out attendance or at a later date to be agreed.

5.4  The Company carries equipment for call outs but should the Company need to obtain further equipment the Company will reschedule a further call out as soon as the parts/equipment are available to complete the works.

5.5  Unless otherwise specified all Quotations provided are an estimate and are not a fixed price quotation or firm price and the final price may be increased above the estimated price.

5.6  Any Quotation provided by the Company may be revised in the following circumstances:

5.6.1   if after the submission of the Quotation by the Company, the Customer instructs the Company (whether in written or orally) to provide additional works or services not referenced or detailed within the Quotation.

5.6.2   if following the submission of the Quotation by the Company there is an increase in the cost of materials to be supplied

5.6.3   if following the submission of the Quotation by the Company it is discovered further works and services need to be carried out which had not been anticipated.

5.6.4   if following submission of the Quotation or works carried out it is discovered that there was a manifest error when the Quotation was prepared.

5.7  The Company will not be under any obligation to provide a Quotation to the Customer. The Company will only be bound to Quotations provided in writing to the Customer which have also been signed by an authorised representative of the Company. The Company will not be bound to any Quotation provided orally.

5.8  The Customer will reimburse the Company for any and all expenses incurred (including labour and materials) upon acceptance of a Quotation which is subsequently cancelled by the Customer.

 

6. Delivery of Works

The Company will advise the Customer of the date and time for works to be carried out.  The Company will always endeavour to ensure they maintain this schedule and that their representative attends at the agreed time.  However, the Company accepts no liability in respect of late/non-attendance at any site, or for the late/non delivery of any equipment or materials.  All times provided by the Company are estimates only.

 

7. Customer’s Obligations

The Customer shall provide clear access to enable the Company to undertake the works and will make all the necessary arrangements with the proper persons.

The Customer will at all times ensure the environment is safe for the Company and its employee’s for the purpose of carrying out the works.

The Customer will be liable to the Company for all loss and damage whether indirect, direct or consequential which has been suffered by the Company as a result of the failure or delay by the Customer in performing the obligations as detailed above.

 

8. Indemnity

The Customer shall indemnify the Company against any and all actions, claims, demands, suits, losses, costs, expenses and charges which the Company may suffer or incur in connection with a claim by a third party, resulting from a breach of the Customer’s obligations, undertakings and representations and warranties in connection with this Contract.

 

9. Limitation of Liability

Any representation, condition or warranty which would be implied or incorporated into these Terms by way of statute, custom or course of dealing or otherwise is excluded to the fullest extent permitted by law, save that nothing in these Terms shall limit liability to the Customer for death or personal injury resulting from the Company’s negligence nor for any other matter which by law cannot be excluded.

The Company’s liability shall be limited to:

9.1   the repair or making good of any defect pursuant to its undertaking in paragraph 10 below

9.2   liability for personal injury or death resulting from negligence in the course of carrying out the Company’s duties

9.3   the reasonable costs of repair or reinstatement of damage or any loss to the Customer’s property, should this result from the negligence of the Company or its employees, agents, or sub-contractors and the Customer incurs such costs.

 

10. Defects

Subject to paragraph 9 and the exclusions listed below, the Company undertakes to make good and repair any defect in completed work which appears within six months of the completed date of the same to the extent that such defect arises from the breach of the Company’s obligations under this Contract.

All defects must be notified to the Company by the Customer in writing within this period, and the Company must be provided the opportunity to inspect the work and any alleged defect.

This inspection shall only apply to works carried out and completed by the Company that has been paid in full by the Customer.

Following the inspection and it transpires the alleged defect is not the result of any work or service carried out or provided by the Company, the Company reserves the right to make a charge to the Customer at its standard rate.

Exclusions are:

10.1  Any parts or materials supplied by the Company will only be provided with the manufacturer’s guarantee and are not guaranteed by the Company

10.2  Any defects resulting from the misuse, wilful act or faulty workmanship by the Customer or any other third party working for or under the direction of the Customer.

 

11. Force Majeure

The Company will use all reasonable efforts to carry out and complete the works on time but shall not be liable to the Customer or any third party if the works prove impossible due to events or circumstances beyond the Company’s reasonable control.

 

12. Cancellation

If the Customer cancels any contract with the Company without the Company’s consent the Customer agrees to indemnify the Company against any and all loss, damage, claims or actions arising as a result of such cancellation unless otherwise agreed in writing and this is without prejudice to the Company’s right to payment in accordance with paragraph 4.

 

13. Guarantees

Any guarantee provided by the Company shall be for labour only in respect of faulty workmanship from 12 months of the date of completion.  Any parts, equipment or components supplied by the Company will be covered by their respective manufacturer’s warranty.

13.1  The Company’s guarantee will become null and void if the works or equipment supplied are subject to misuse or negligence.

13.2  The company will not be liable or responsible for any damage or defect arising from work not fully guaranteed or where recommended work has not been carried out.

13.3  The company will not guarantee work where the Customer has been notified either verbally or in writing by the Company of any related work which requires attention.

 

14. Risk and Title in Parts/Equipment

Risk in parts/equipment will pass from the Company to the Customer on delivery. Full legal title in parts/equipment will pass from the Company to the Customer on payment of all invoices in full by the Customer. The Company may recover any parts/equipment from the Customer where full legal title has not passed.

 

15. Description of Works

Any descriptions, illustrations, imagery either displayed on the Company’s website, in marketing materials (both offline and online), catalogues, price lists or other are intended merely to present a general idea of works and services provided by the Company and no part of these shall form part of any contract.

 

16. Data Protection

The Company shall at all times comply with the provisions of the Data Protection Act 2018 and GDPR (or any amending or replacement legislation). 

The Company will use and retain your information and personal data in accordance with the provisions of the Data Protection Act 2018 and GDPR and your rights under that legislation will apply. 

 

17. General

This Agreement cannot be enforced by any third party and the provisions of the Contract (Rights of Third Parties) Act 1999 shall not apply.

The interpretation, construction, effect and enforceability of this Agreement shall be governed by English Law and the Customer and the Company agree to submit to the exclusive jurisdiction of the English Courts.

Our policy is one of continual development and we reserve the right to change the Terms of this document without notice.

 

 

Terms & Conditions Of Sales

 

1. Formation of Contract

(a)  The following terms and conditions of trading (“Terms”) shall apply to the agreement between Ai Dental Engineering Ltd t/a Ai Healthcare Engineering Ltd (“Ai Healthcare”) and you (the “Contract”) for the sale of goods by Ai Healthcare to you (“Goods”) to the exclusion of all other terms and conditions (including any terms and conditions from or referred to by you or which could be inferred by trade, custom, practice or course of dealing), subject to any variation in accordance with Clause 9(d).

(b)  An order or acceptance of a quotation or tender for Goods by you shall be deemed to be an offer by you to buy Goods subject to these Terms. A binding Contract shall only be created when (i) Ai Healthcare sends you written notice that your Purchase Order has been accepted; or (ii) (if earlier) the Goods (or part thereof) are despatched by Ai Healthcare.

(c)  You acknowledge that you have not relied on any statement, promise, or representation made or given by or on behalf of Ai Healthcare which is not set out in these Terms; including statements, promises or representations contained in any advertising matter, catalogues, brochures, price lists and any verbal representation by any employee, agent or representative of Ai Healthcare. Subject to Clause 7(c) you shall have no remedy in respect of any other such representation or warranty.

 

2. Delivery:

(a)  Unless otherwise expressly specified in writing by Ai Healthcare, all deliveries of Goods to (i) premises within the UK and Ireland shall be deemed to be delivered when unloaded at your specified premises; and (ii) premises outside the UK and Ireland shall be deemed to be delivered when made available to you for collection Ex Works (Ai Healthcare premises at Unit 2 Le Flaive Business Park, Church Lane, Naphill, Bucks HP14 4US) and you shall be liable to pay any expenses incurred by Ai Healthcare in delivering the Goods to your premises at your request.

(b)  Any periods or dates quoted for despatch or delivery are estimates only and shall not be conditions of the Contract. Save for Clauses 3 and 7, time shall not be of the essence of the Contract.

(c)  Ai Healthcare reserves the right to deliver Goods by instalments. Each such instalment shall be invoiced separately and shall be deemed to constitute a separate Contract subject to these Terms. No default by Ai Healthcare in respect of one or more instalments shall entitle you to treat any other Contract as repudiated.

(d)  If you wish to cancel or reduce your order, Ai Healthcare reserves the right to charge you for any special parts and work undertaken in connection with your order prior to receiving your written confirmation of order reduction or cancellation.

(e)  If delivery of any or all of the Goods or the performance of any of Ai Healthcare other obligations under the Contract is prevented or delayed by reason of any cause or circumstance beyond Ai Healthcare reasonable control (including that of a Ai Healthcare employee, agent or representative) including, but not limited to, any act of God, fire, flood, pandemic, strike, government action or industrial dispute, then Ai Healthcare shall not be liable for any loss or damage arising directly or indirectly through or in consequence of such event(s) and Ai Healthcare reserves the right upon giving written notice to you, to cancel the Contract, suspend delivery or extend the time for delivery until such cause or circumstance has ceased; providing that the foregoing shall not prejudice Ai Healthcare right to receive payment for Goods already delivered to you.

(f)  Ai Healthcare accepts no responsibility for non-delivery of Goods unless written notice of such is received by Ai Healthcare within fourteen (14) days of the date of invoice issued by Ai Healthcare in respect of the Goods. Any liability of Ai Healthcare for non-delivery shall be limited to replacing the Goods within a reasonable time or issuing a credit note at the pro rata Contract rate against any invoice raised for such Goods.

 

3. Inspection and Acceptance of Products:

(a)  Upon delivery of the Goods you shall immediately (i) check quantities and packaging of the Goods and record any objections on the delivery note; and (ii) conduct a conformity check on the Goods compared to the data indicated in the confirmation of order and record any objections on the delivery note.

(b)  In case of a notice of defect you shall comply with the following procedures and deadline: (i) notification shall be made by no later than 7 (seven) working days from taking delivery of the Goods. In the event of a defect relating to a warranty the objection must be raised on the expiry of the working day on which the defect has been discovered but in any event by no later than 12 months’ of purchase after taking delivery of the Goods; (ii) notification shall be delivered in written form to Ai Healthcare; (iii) the notice must clearly specify the alleged defect; (iv) you agree to make available for inspection the Goods and such inspection shall be done by Ai Healthcare or by any expert designated by Ai Healthcare.

(c)  No objections with regard to the quantities, quality or type and packaging of the Goods shall be possible unless a note has been placed on the delivery note in accordance with the above mentioned procedure.

(d)  Goods are deemed to be approved and accepted by you unless notification is made in accordance with the procedures and deadlines stated in this Clause.

 

4. Return of Goods:

(a)  The return of Goods must be requested by you in written form and authorised by Ai Healthcare in written form.

(b)  Goods must be returned in their original unused packaging and with a document of return including reference to the product code and serial number, reference to Ai Healthcare original invoice and reasons for the return.

(d)  Transport costs of returns must be paid by you and delivery made to Unit 2 Le Flaive Business Park, Church Lane, Naphill, Bucks HP14 4US, or such other address as Ai Healthcare may specify when authorising the return.

(e)  Goods are accepted by Ai Healthcare only after evaluation of the Goods; Ai Healthcare does not accept any return of Goods from end users or any customised Goods.

 

5. Risk/Title:

(a)  Unless otherwise expressly agreed in writing by Ai Healthcare, risk in the Goods shall pass to you on delivery of the Goods to you.

(b)  Ownership of the Goods shall not pass from Ai Healthcare to you until: (i) you have paid Ai Healthcare in full; and (ii) no other sums are outstanding from you to Ai Healthcare on any account, whether or not such sums have become due for payment.

(c)  Until ownership of the Goods passes to you, you shall (i) hold the Goods on a fiduciary basis as Bailee for Ai Healthcare; (ii) store the Goods at no cost to Ai Healthcare separately from anyone else’s goods in such a way that they are clearly identifiable as Ai Healthcare property; (iii) not permit any charge, lien or other encumbrance whatsoever to be created over the Goods; (iv) take proper care of the Goods and take all reasonable steps to prevent damage to or deterioration of them; and (v) insure the Goods to Ai Healthcare reasonable satisfaction and, if reasonably required to do so, produce to Ai Healthcare a copy of the policy or policies current premium or other evidence of the existence or payment thereof.

 

6. Purchaser’s Site, Licenses, Installation and Maintenance:

(a)  Unless otherwise agreed in writing in respect of Goods delivered to your specified premises within the UK and Ireland, Ai Healthcare shall install the Goods at those premises without further charge to you provided you have, at your own cost, prepared those premises in readiness for installation (as specified in any site survey report, manual or otherwise). Ongoing maintenance shall be subject to prior written agreement between the parties, and at additional cost to you. 

(b)  In respect of Goods delivered to premises outside the UK and Ireland, installation and maintenance shall be subject to prior written agreement, and at additional cost to you.

(c)  The Purchaser hereby warrants that it has provided, or will provide in good time, Ai Healthcare with all available information regarding the Purchaser’s site, structures, facilities, buildings and land (together or individually the ‘site’) and that it will provide all licences and permits required.

 

7. Payment:

(a)  Unless otherwise agreed in writing by Ai Healthcare, the price of the Goods shall be as specified in Ai Healthcare price list as at the date of delivery of the Goods, such price being exclusive of value added tax (or equivalent), costs of carriage and packing, applicable costs of installation – save in respect of Goods delivered to premises in the UK and Ireland in accordance with Clause 6(a) and any other applicable charges as stated in the price list and specified in the invoice.

(b)  Payment is due in accordance with Ai Healthcare invoice, the total amount of which must be received by Ai Healthcare within seven (7) calendar days of the date of the invoice.

(c)  Ai Healthcare reserves the right to apply any sums received from you to discharge any part of your accumulated liability and to recover interest from you on overdue invoices in accordance with and to the fullest extent permitted by Law. Statutory interest will accrue at 8% above the Bank of England reference rate in force on the date the debt becomes overdue, and at any subsequent rate where the reference rate changes and the debt remains unpaid, in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 as amended and supplemented by the Late Payment of Commercial Debts Regulations 2002. Such interest is chargeable throughout the period of non-payment from the due date until payment is made by you to Ai Healthcare.

(d)  Ai Healthcare reserves the right to charge you fixed costs in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 and costs in accordance with the Late Payment of Commercial Debts Regulations 2002 in the event of non-payment of any amounts due.

(e)  Where an invoice is raised containing pricing errors, no credit note will be issued nor will any other rectification be made by Ai Healthcare, unless you notify such errors to Ai Healthcare by no later than fourteen (14) days from the invoice date.

(f)  You shall make all payments due under the Contract without any deduction or withholding by way of set-off, counterclaim, discount or abatement.

(g)  If, in Ai Healthcare reasonable opinion, your credit-worthiness deteriorates before delivery of the Goods, Ai Healthcare may require full or partial payment of all sums outstanding from you to Ai Healthcare, prior to delivery of the Goods or the provision of security for payment by you in a form acceptable to Ai Healthcare.

 

8. Warranty:

(a)  Ai Healthcare warrants only that: (i) all instruments, systems, parts and accessories shall perform as set forth in Ai Healthcare product specifications and operator manuals as at the date of delivery for the period set forth in the Services Brochure, or (if no date is specified) for twelve (12) months from the date of commissioning (such date not to be unreasonably delayed); (ii) all consumables (such as reagents, calibrators and controls) shall conform to the quantity and content stated on the label and perform consistent with specifications and product inserts until the specified expiration date, or (if no date is specified) for twelve (12) months from the date of delivery; and (iii) accurate quantities of any supply items (including needle cartridges; sample and reagent cups, membranes; stylets; and pipettes) ordered will be delivered and shall conform to the quantity and content stated on the label.

(b)  If a third party manufactured accessory or peripheral is supplied to you under a Contract, Ai Healthcare assigns to you the benefit of the warranty provided by the manufacturer, but Ai Healthcare does not warrant the performance of the third party manufactured product or provide any remedy for failure of the third party product to perform. Your exclusive remedy is such remedy that may exist under the warranty rights passed through to you under this paragraph.

(c)  Ai Healthcare shall not be obligated under this warranty in respect of any shortage, damage or defect in any consignment of Goods unless Ai Healthcare receives written notice of the shortage, damage, or defect within seven (7) calendar days of receipt by you of the Goods and you comply with the terms of Clauses 3 and 4 above.

(d)  Ai Healthcare shall not be obligated under this warranty if the need for repairs or replacements directly or indirectly results from: (i) the failure by you to provide at your expense adequate and appropriate equipment, utilities and conditions, as specified by Ai Healthcare, for installation of the Goods in accordance with Clause 6(a); (ii) the failure by you to properly maintain the Goods; (iii) the replacement by you of the Goods with non-Ai Healthcare approved products (a list of such approved products is available on request); (iv) your failure to use or store the Goods in compliance with all relevant treaties, legislation, statutes, directives, regulations, judgements, decisions, orders, regulations, instruments or any other laws of, or having effect in, any jurisdiction; (v) your negligent use, storage or operation of the Goods; (vi) alterations or modifications to the Goods made by you or any other party, including installation or use of software not provided by Ai Healthcare specifically for the Goods, or (vii) the failure of your personnel to attend training offered by Ai Healthcare.

(e)  Subject to Clause 8(d), if the Goods do not conform with the warranty specified in Clause 8(a), Ai Healthcare will (at its option) either (i) repair or (ii) replace such Goods with Goods of like quality.

 

9. Liability & Indemnity:

(a)  The provisions of this Clause 9 set out Ai Healthcare entire liability (including any liability for the acts or omissions of its employees, agents and sub-contractors) to you in respect of: (i) any breach of these Terms; (ii) any use or resale by you of the Goods and (iii) any representation, statement or tortious act or omission arising under or in connection with these Terms.

(b)  Subject to Clause 9(c) below: (i) Ai Healthcare shall not be liable to you by reason of any delay in delivery of the Goods, breach of representation, implied warranty, condition or other term or any duty of common law, statute or under the express or implied terms of these Terms or otherwise, for any loss of profits, revenue, anticipated savings, goodwill or any type of special, indirect or consequential loss or damage (including business interruption), howsoever arising and whether occasioned by Ai Healthcare negligence or breach of contract or that of Ai Healthcare  employees, agents or sub-contractors; and (ii) Ai Healthcare total liability arising in connection with the performance or contemplated performance of these Terms shall be limited to the value of the Goods purchased and paid for by you from Ai Healthcare  in relation to the relevant consignment.

(c)  Any representation, condition or warranty which would be implied or incorporated into these Terms by reason of statute, custom, course of dealing or otherwise is excluded to the fullest extent permitted by Law, save that nothing in these Terms shall restrict or exclude Ai Healthcare  liability: (i) under Part 1 of the Consumer Protection Act 1987; (ii) in respect of fraudulent misrepresentation; (iii) for death or personal injury caused by Ai Healthcare  negligence; (iv) arising under Section 12 of the Sale of Goods Act 1979; or (v) arising under Part 2 of the Sale of Goods and Services Act 1982.

(d)  Subject to Clause 7(c), you shall indemnify Ai Healthcare against all claims and liabilities suffered or incurred by it as a result of any of the events listed in Clause 6(d)(i)-(vii).

 

10. Termination:

(a)  If: (i) you fail to pay for the Goods on the due date; (ii) you fail to pay any other debt due to and payable to Ai Healthcare; (iii) you fail to take delivery of the Goods (otherwise in accordance with your contractual rights); (iv) any distress or execution is levied upon your goods; or (v) you offer to make any arrangements with or composition for the benefit of your creditors or commit any act of bankruptcy or if any petition in bankruptcy is presented against you or if (being a limited company) any resolution or petition for your winding-up (other than for the purpose of amalgamation or reconstruction without insolvency) shall be passed or presented or if bankruptcy proceedings are commenced or if an administrator, administrative receiver or a receiver or manager is appointed over the whole or any part of your business, you shall notify Ai Healthcare immediately upon the happening of any such events and all sums outstanding in respect of any Goods sold by Ai Healthcare to you (whether or not such sums have become due for payment) shall immediately become payable and Ai Healthcare may, in its absolute discretion and without prejudice to any other rights Ai Healthcare may have: (i) suspend all deliveries of Goods to you under any contract between us whatsoever and/or terminate any such contract(s) without liability on its part; (ii) repossess and use the Goods; and/or (iii) terminate the Contract forthwith at any time thereafter by giving written notice to you.

 

11. General:

(a)  No failure to exercise nor any delay in exercising by either party of any right, power, privilege or remedy under these Terms shall impair or operate as a waiver thereof in whole or in part.

(b)  You may not assign, subcontract or in any way dispose of your rights or obligations under the Contract without Ai Healthcare prior written consent. Ai Healthcare may at any time assign all or any part of its rights and benefits under these Terms.

(c)  The Contract shall be governed by and construed in accordance with English law and shall be subject to the non-exclusive jurisdiction of the English Courts.

(d)  Ai Healthcare shall at all times comply with the provisions of the Data Protection Act 2018 and GDPR (or any amending or replacement legislation) and will use and retain your information and personal data in accordance with the provisions of the Data Protection Act 2018 and GDPR and your rights under that legislation will apply. 

(e)  These Terms may only be varied if agreed in writing and signed by a Director or by the Company Secretary of Ai Healthcare or their authorised representative.

(f)  Any notice to be served by you pursuant to these Terms shall be sent to the following address marked ‘For the Attention of the Company Secretary’: Ai Healthcare Ltd, Unit 2 Le Flaive Business Park, Church Lane, Naphill, Bucks HP14 4US. Any notice served on you shall be sent to such address as you may notify to Ai Healthcare  or, in default of notification, to the address from which the Goods are or were ordered, or, if you are a company, at Ai Healthcare  option, to your registered office.

(g)  Any notice may be validly served by first-class recorded delivery inland post or registered airmail. Any notice sent by recorded first class delivery post to a destination in the United Kingdom shall be deemed to have been received two (2) days after the date of its despatch.

(h)  Any provision hereof which is or may be held to be illegal, void or unenforceable shall to that extent be deemed severable and shall not affect any other provision hereof. The parties shall negotiate in good faith to replace such provision with a valid provision which, as far as possible, has the same legal and commercial effect as that which it replaces.

(i)  No person (other than a company which is Ai Healthcare subsidiary or holding company or a company which is a subsidiary of that holding company) who is not a party to a Contract shall have any right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms.