Mi-Guardian - Mi-Guardian

Service Terms & Conditions

 

Service terms
& conditions

Millbrook Healthcare Terms and Conditions – Mi-Guardian Contract

1               INTRODUCTION

1.1           This Agreement applies to Your hire of any Equipment from Us.

1.2           Please read this Agreement and the documents linked to this Agreement carefully.  You will need to accept this Agreement before We will hire any Equipment to You.

1.3           We have tried to make this Agreement easy to understand but We do understand that You may feel uncertain about some sections when You read them.  Our staff are here to help and will be more than happy to assist You with any query You may have.

1.4           If You have a query about this Agreement or do not accept them, please contact Us:

Telephone:   0800 130 0011

You will be charged no more than the basic rate for calling Us on this number

Email: Info@mi-guardian.co.uk

Postal address: 2a Millennium House, Sunrise Business Park, Higher Shaftesbury Road, Blandford Forum, Dorset DT11 8ST

Website: www.mi-guardian.com

1.5           If We have to contact You, We will do so by telephone or by writing to You using the contact details You provide when placing Your Order.

1.6           A copy of this Agreement and all other documents which apply to Your hire of Equipment are available for You to read on Our website.

1.7           If You would like this Agreement in another format (for example: audio, large print, braille) please contact Us using the contact details in Clause 1.4 above.

2               DEFINITIONS AND INTERPRETATION

2.1           To make this Agreement easy to read We have defined some of the words.  If a word begins with a capital letter then this means that the word has been defined.  A list of the defined words is set out below:

Additional Equipment

any additional equipment We provide that You wish to hire during the time this Agreement is in force;

Agreement

this Agreement for hire of the Equipment and provision of the Services;

Delivery Date

the date We agree with You to deliver the Equipment;

Equipment

the [Equipment type] which You are hiring under this Agreement;

Replacement Costs

additional charges for replacement of Equipment if found damaged or lost or not returned on termination set out in Annex 1 to this Agreement;

Order

Your request to hire the Equipment and for Us to provide the Services to You;

Services

the services We will provide to You as part of Your hire of the Equipment as set out in Clause 4;

Trial Period

an eight week period starting on the Delivery Date;

We / Our / Us

Millbrook Healthcare Limited;

You / Your

you as Our customer.

 

3               PLACING AN ORDER

3.1           This section sets out how a legally binding agreement will be formed between You and Us.

3.2           To hire the Equipment You will need to call Us on the telephone number provided in Clause 1.4. 

3.3           Our acceptance of Your Order will take place when We call You to accept it, at which point a contract will come into existence between You and Us. We agree to hire the Equipment and provide the Services to You and You agree to hire the Equipment and receive the Services from Us from the Delivery Date until this Agreement ends for one of the reasons explained below.

3.4           If We are unable to accept Your Order, We will inform You of this and will not charge You for the hire of the Equipment or the Services.  This might be because We do not have the Equipment in stock, a limit on Our resources which We could not reasonably plan for, because We have identified an error in the price or description of the Equipment or because We are unable to meet a delivery deadline You have specified.

3.5           Where we send the Equipment to You by courier, the Equipment will arrive with this Agreement for you to read and sign before sending back to Us. Where we install the Equipment for You, the engineer who carries out the installation will give you this Agreement to sign. 

3.6           Please note, You do have the right to cancel the Agreement and We have set out how You can do that in Clause 9 (Cancellation) and Clause 15 (Termination) below.

4               SERVICES

4.1           During the time You hire the Equipment from Us, We will provide the following Services:

(a)            A 24 hour / 365 day monitoring service, provided by Our partner Medvivo, where any calls from You will be answered when You raise an alarm at any time of the day or night.  Your call will be answered by a highly trained call adviser who will automatically know who You are and where You live;

(b)            If You make a call, We will decide the seriousness of the alert and escalate it if necessary to the emergency contacts You have provided and, in extreme circumstances, to the emergency services;

(c)            We will respond to any faults and repairs in a timely manner, replacing equipment or carrying out repairs onsite (see Clause 8 (Warranty and Faulty Equipment)).  Maintenance services will be provided between 08:30 to 17:30 Monday to Friday;

(d)            We will contact You at least once a year to check if there are any changes that need to be made to your Equipment or Your data records but We ask that You contact us where any changes have occurred which We need to be aware of in Order to provide the Services;

(e)            We may contact You periodically to remind You to carry out a test call where You have not done so monthly (see Clause 11 (Care of Equipment));

(f)             If needed, We will adjust the sensitivity of any sensors.

4.2           Where You are a high user of the Services, We may also contact You to discuss whether We feel it would be advantageous to reassess Your needs. 

5               EQUIPMENT

5.1           The images of the Equipment on Our website or in Our brochure are for illustrative purposes only. The Equipment You hire may vary slightly from those images.

5.2           We may change the Equipment to reflect changes in relevant laws and regulatory requirements and to implement minor technical adjustments and improvements.

6               DELIVERY

6.1           The Equipment will be delivered to You by a courier.  In exceptional circumstances We may offer an installation service by a local engineer.

6.2           We will contact You to agree a Delivery Date which will be within 30 days from the day We accept Your Order.

6.3           If something happens which:

(a)            is outside of Our control; and

(b)            affects the estimated Delivery Date;

We will give You a revised estimated Delivery Date of the Equipment.

6.4           Delivery of the Equipment will take place when We deliver them to the address that You provided when We accepted Your Order.

6.5           Unless You and We agree otherwise, if We cannot deliver the Equipment within 30 days of the Delivery Date, We will:

(a)            let You know; and

(b)            cancel Your Order.

6.6           If nobody will be available to take delivery on the Delivery Date, please contact Us using the contact details at Clause 1.4.

6.7           If You are not at the address when We deliver, if You have told Us to leave the Equipment in a named safe location, We will do so. Otherwise We will call You to arrange a new Delivery Date.

6.8           You are responsible for the Equipment when delivery has taken place.  In other words, the risk in the Equipment passes to You when You take possession of the Equipment.

6.9           Our brochure and website are solely for the promotion of Our Equipment in the UK.  We do not deliver to addresses outside the UK.

7               PRICE AND PAYMENT

7.1           You will pay Us the Hire Payment and Service Charge and any other sums payable under this Agreement at the times stated in this Agreement.  All payments must be made by direct debit (unless we agree otherwise in writing) in advance as set out in the Key Financial Information section on the front pages.

7.2           All payments due under this Agreement must be paid on the due dates.

7.3           Where a Trial Period is offered by Us, You will not be asked to pay the Hire Payment or Service Charge until the Trial Period comes to an end and You have not asked to cancel this Agreement under Clause 9 (Cancellation). 

7.4           The Trial Period is provided free of charge. If You continue hiring the Equipment after the Trial Period has ended, You will not be charged for the Trial Period. 

7.5           Where We do not offer a Trial Period, You will need to pay the Hire Payment and Service Charge from the Delivery Date by direct debit (unless we agree otherwise in writing) in advance as set out in the Key Financial Information section on the front pages. 

7.6           You are required to complete a direct debit mandate.

7.7           If Your payment is not received by Us by the due date, You:

(a)            must pay for the hire of the Equipment within 14 days; or

(b)            allow Us to arrange for the Equipment to be collected from You by a courier or, in exceptional circumstances, by a local engineer on an agreed date at Our expense.  If so, You must keep the Equipment in Your possession, take reasonable care of it (including ensuring that You follow any instructions or manuals given with the Equipment).

7.8           Nothing in this clause affects Your legal rights to cancel this Agreement under Clause 9 (Cancellation).

7.9           Where the Equipment is lost, damaged or not returned on termination of this Agreement, We may ask You to pay Replacement Costs.

7.10        If You have difficulty paying the Hire Payment and Service Charge You should talk to Us as soon as You can using the contact details in Clause 1.4.

8               WARRANTY AND FAULTY EQUIPMENT

8.1           By law, We are required to supply goods which are as described by Us, fit for purpose and of satisfactory quality.  We have given You certain promises about the Equipment in Clause 8.2 below.  

8.2           We warrant that the Equipment:

(a)            conforms to the description of the Equipment advertised on Our website and in Our brochure;

(b)            is of satisfactory quality, free from defects in materials and workmanship and fit for its intended purpose;

(c)            is free from design and other inherent defects;

(d)            complies with all relevant legislation in England;

(e)            does not infringe the intellectual property rights of any third party; and

(f)             is properly labelled, packaged, marked and described in accordance with the Order and will be properly packed and secured in such a manner so they reach their destination undamaged and in good condition.

8.3           If the Equipment is faulty You must let Us know immediately by using the contact details in Clause 1.4 and Our call centre will try to help You fix them while You are speaking to them.  If this is not successful, We may send an engineer to fix the Equipment at an agreed time.  If it is not possible to send an engineer, We will send You replacement Equipment and will arrange for the faulty Equipment to be collected by courier or, in exceptional circumstances, by a local engineer on an agreed date and at Our expense.

8.4           Where We receive an alert that the batteries in the Equipment are low, We will replace them free of charge.  Where the Equipment has sealed battery units, We will replace the Equipment itself.

8.5           For more detailed information on Your rights and what You should expect from Us, You can visit the Citizens Advice website www.citizensadvice.uk or call 03454 040506.

9               CANCELLATION

9.1           We will tell You before accepting Your Order whether We will offer You the Trial Period.  We may not offer You the Trial Period where:

(a)            You have hired the same Equipment from Us before with a Trial Period and cancelled Your hire of the Equipment; or

(b)            Your local authority has hired the Equipment on Your behalf but their funding has ceased and We offer to You a continuation of the hire and Services.

9.2           Where We do not offer You the Trial Period, You will still have the right to cancel the hire of the Equipment and the Services without giving a reason within 14 days from the date on which You acquire, or a third party other than the courier and indicated by You acquires, physical possession of the Equipment.

9.3           Where We offer You the Trial Period, if You are a consumer (i.e. not buying the Equipment in the course of Your business, trade or profession), then You may cancel Your hire of the Equipment and the Services within the Trial Period without giving any reason. 

9.4           The Trial Period includes Your right as a consumer to a 14 day cooling off period.

9.5           To exercise Your right of cancellation, You must:

(a)            inform Us (by using the contact details in Clause 1.4 of this Agreement) of Your decision to cancel the hire of the Equipment by a clear statement (e.g. a letter sent by post or email).  You may use the model cancellation form attached to this Agreement at Annex 2 (but it is not obligatory).

(b)            if You have received the Equipment You wish to cancel, allow Us to collect the Equipment on an agreed date by courier or, in exceptional circumstances, by a local engineer at Our expense.

9.6           To meet the cancellation deadline, it is sufficient for You to send Your notice of cancellation before the cancellation period has expired.  If You send Us a notice of cancellation by post, We advise You to keep proof of postage.

9.7           If You decide to cancel Your hire of the Equipment and the Services within the Trial Period, We will not charge You for the Trial Period. 

9.8           Where You cancel the hire of the Equipment and the Services after the Trial Period, We are still able to take a direct debit payment from Your account for the Hire Payment and Service Charge for the period between the end of the Trial Period and receiving Your notice of cancellation.  We will also charge You for the 28 day notice period We require from You to terminate this Agreement after the Trial Period (see Clause 15 (Termination)).  This payment will be taken from Your account as set out in the Key Financial Information in the front pages.

9.9           If We have not provided a Trial Period and You decide to cancel Your Order within the cancellation period, We will reimburse You for any Hire Payment You have paid.  We will also refund You any Service Charge You have paid but We may deduct from any refund of the Service Charge an amount for the period during which the Services were supplied, ending on the day You told Us You had changed Your mind.  The amount will be on a pro-rata basis to cover the Services that We have supplied.

9.10        We will make the reimbursement in Clause 9.9 without undue delay and no later than 14 days of You telling Us You have changed Your mind.

9.11        No such rights of cancellation applies if You are hiring the Equipment otherwise than as a consumer.

10            OWNERSHIP OF EQUIPMENT

10.1        All Equipment hired by You will remain Our property.

11            CARE OF THE EQUIPMENT

11.1        You agree that You will:

(a)            carry out a test call on the Equipment at least once a month;

(b)            take proper care of the Equipment, keep it in good order and condition including keeping the Equipment clean and away from any liquids;

(c)            use the Equipment properly and as set out in any instructions or manuals from Us; and

(d)            not make any changes to the Equipment.

11.2        You must notify Us immediately of any loss or damage to the Equipment.

12            ADDITIONAL EQUIPMENT

12.1        We provide Additional Equipment which You can hire at a later date by contacting Us using the contact details in Clause 1.4. 

12.2        Before accepting Your Order to hire any Additional Equipment, We will confirm the increase in the Hire Payment and Service Charge You will pay under this Agreement.  We will also confirm this change in Hire Payment and Service Charge when Your direct debit payment is adjusted.

12.3        The Trial Period will not apply to any Additional Equipment.  If You are a consumer (i.e. not hiring the Additional Equipment in the course of Your business, trade or profession), then You may cancel Your hire of any Additional Equipment within 14 days without giving any reason from the date on which You acquire physical possession of the Additional Equipment.  To exercise Your right of cancellation, see Clause 9 (Cancellation).

12.4        The terms and conditions of this Agreement will apply to the Additional Equipment except the Trial Period as explained in this Clause 12.

13            CHANGES TO THIS AGREEMENT

13.1        From time to time We may make amendments to this Agreement to reflect the changing circumstances that affect the Equipment and Services provided or as a result of Our yearly review of the Hire Payment, Service Charge and Replacement Costs as explained in the Key Financial Information in the front pages.

13.2        We will always give You one month’s notice of any changes to this Agreement, including any changes to the Hire Payment, Service Charge and Replacement Costs, and the amended Agreement will then apply.

13.3        If You are unhappy with the proposed changes then You are entitled to terminate this Agreement by giving one month’s notice to Us as set out in Clause 15 (Termination).

14            OUR LIABILITY TO YOU

14.1        This Agreement do not exclude or limit Our liability (if any) for:

(a)            death or personal injury caused by Our negligence;

(b)            fraud;

(c)            fraudulent misrepresentation; or

(d)            any matter which it would be illegal for Us to exclude or attempt to exclude Our liability.

14.2        We are only liable to You for losses which You suffer as a direct result of Our breach of this Agreement and which are reasonably foreseeable.  We are not liable for any other losses.

14.3        We are not liable to You for failure of any Equipment which is out of Our control, including where the Equipment was working correctly when delivered to You and have since been interfered with by You or a person other than Us.

14.4        We are not responsible to You for any business losses that You may incur (including but not limited to lost profits, lost revenues, business interruption or lost data) or for losses to non-consumers. 

14.5        You may have other rights granted by law and this Agreement does not affect these.

15            TERMINATION

15.1        Before exercising Our rights under this Clause 15, We will send You a notice telling You what You must do to remedy the situation where the situation is remediable.

15.2        If You do not or cannot do what the notice requires You to do in the case of a default within the time limit specified, We may end Your right to hire the Equipment and end this Agreement. 

15.3        The events which allow Us to exercise these rights of termination are:

(a)            Any Hire Payment, Service Charge, Replacement Costs or other sum payable under this Agreement is not paid within 14 days of Us demanding payment;

(b)            You fail to comply with the other terms of this Agreement for 30 days after We have told You to remedy the breach;

(c)            We become aware that any information supplied by You when entering into this Agreement was false in any material respect;

(d)            You cannot meet Your debts as they fall due or You become bankrupt;

(e)            You do anything or anything happens which We reasonably consider might jeopardise Our ownership and rights in the Equipment; or

(f)             You die or become mentally incapable of managing Your own affairs.

15.4        You may terminate this Agreement by giving Us 28 days’ notice by using the contact details in clause 1.4. 

15.5        If You have died, Your next of kin, power of attorney or the person managing Your estate should contact Us to terminate the Agreement. 

15.6        Where this Agreement is terminated by either You or Us, We will arrange for the Equipment to be returned to Us by courier or, in exceptional circumstances, by a local engineer on an agreed date and at Our expense.  We will also arrange for the refund to be made to You without undue delay of any part of the Hire Payment and Service Charge You have paid in advance for any days after the day this Agreement terminates calculated on a pro-rata basis.

16            DATA PROTECTION AND PRIVACY

16.1        In Order to provide the Services, We will need to hold certain records and information about You. Your (or your representative’s) signature on this Agreement constitutes Your consent for Us to hold this information and to use it for the purpose of providing personal care services for You. You have the right under the Data Protection Act 2018 to ask to see a record of the information that We hold about You.  We will comply with Our obligations under the Data Protection Act 2018 and will respond to Your request within the prescribed period.

16.2        A copy of Our privacy policy is available on Our website and a copy will be made available to You on request.

17            DISPUTE RESOLUTION PROCEDURE

17.1        In the event of any dispute or difference arising out of or in connection with this Agreement, You and We agree to seek to settle that dispute by way of informal mediation before any formal court proceedings are commenced.  You agree with Us that any dispute or difference may be referred by either party to the Centre for Effective Dispute Resolution (CEDR) who shall advise on the appropriate procedure to be followed.

18            CONFIDENTIALITY

18.1        We will keep all information about You secure and confidential and shall only use it for the purpose of providing You with the Services.  We shall be entitled to share Your information and records with staff and personnel who reasonably need to access that information in Order to provide the hire of the Equipment and the Services to You.

19            COMPLAINTS

19.1        If You have any concerns or a complaint, in the first instance You should talk to any of Our employees by using the contact details in Clause 1.4. 

19.2        Complaints can be made through a third party, e.g. an advocate or Member of Parliament.  If the person raising the complaint is acting on behalf of You then We will ask for Your consent to review the complaint.

19.3        All complaints will be logged with Our governance team and be acknowledged within 1 working day by a telephone call to You and written acknowledgement no later than 3 working days from the complaint being raised.

19.4        We will investigate the complaint and respond within 20 working days.

19.5        This procedure is in accordance with the TSA (Tec Services Association) as We are members and We follow their quality standards framework.  We are also members of the British Healthcare Trades Association (BHTA) and as members We are signed up to the Code of Practice.

19.6        If You would like to see Our complaints procedure You can ask for a copy by using the contact details in Clause 1.4.

20            GENERAL

20.1        In hiring the Equipment, You represent and agree that You are hiring the Equipment solely for Your personal use, and not for business reasons (for example for resale or commercial distribution).

20.2        This Agreement are only available in English.  No other languages will apply to this Agreement or any agreement.

20.3        This Agreement will be governed by English law.

20.4        Any court proceedings must be taken at a court within England and Wales.

20.5        You may not transfer any of Your rights under this Agreement to any other person.

20.6        We may transfer any of Our rights under this Agreement to any person or ask any person to fulfil any aspect of it so long as the performance of this Agreement is not affected.

20.7        Only You and Us have any rights under this Agreement.  No other person shall have any rights under this Agreement.

20.8        You may not use Our (or members of Our group’s) trademarks or intellectual property without Our prior written consent.

20.9        If You are a consumer then nothing in this Agreement will affect Your statutory rights.

Annex 1: Replacement Costs (2019/20)

 

Equipment

Price

Telecare Alarm unit (Reach or Tunstall VI)

£100.00

Replacement pendant

£ 50.00

Fall Detector

£ 75.00

Bed Sensor Kit

£170.00

Chair sensor Kit

£160.00

Smoke Detector

£ 50.00

Carbon Monoxide

£ 85.00

Flood Detector

£ 35.00

Carer Pager

£130.00

Medication Dispenser

£160.00

Heat/Temp sensors

£ 60.00

Passive Infer Red sensors

£ 50.00

Door Contacts

£ 20.00

Alarm Unit leads

£ 10.00

Pendant Easy Press

£ 10.00

Telecare unit GSM and IP version

£200.00

Alarm base unit Battery

£10.00

 

 

 

Annex 2: Cancellation Form

To: Millbrook Healthcare Limited, [Address], [Email address], [Fax number]

I/We* hereby give notice that I/We* cancel my/our* contract of sale for the following goods and for the supply of the following service:

 

 

 

Ordered on* / Received on*:

My/Our* Name(s):

 

My/Our* Address(es):

 

Signature:

 

Date

 

* Delete as appropriate