AMETHYST HEALTH SCREENING (AHS)
TERMS AND CONDITIONS OF SUPPLY OF SERVICE
This document (together with the documents referred to in it) sets out the terms and conditions on which AHS supply:-
any services offered in any of the packages
any other service offered by AHS from time to time to the client
Please read these terms and conditions carefully. The client should understand that by ordering any of AHS services, the client (you) agree to be bound by these terms and conditions. The client should retain a copy of these terms and conditions for future reference. Please understand that if the client refuses to accept these terms and conditions, the client will not be able to order any services from AHS.
INFORMATION ABOUT AHS
1.1 Amethyst Health Screening Limited (“AHS”) is a company registered in England and Wales under registered Number 07729332 and whose registered office is at BG Futures, Bishop Grosseteste University College, Longdales Road, Lincoln LN1 3DY
2.1 In these conditions of supply the following words and abbreviations will (unless the context otherwise requires) have the following meanings:
“AHS” Amethyst Health Screening
“Client” the individual person (patient or client) of the general public, the individual company, the individual company with its branch or branches, academic institution, hospital, NHS Trust, firm, body or any representative thereof or any other person (patient or client) of an individual company who submits an order to AHS to purchase the Services and packages offered by AHS.
“Conditions” the terms and conditions set out in this document, excluding all previous terms and conditions published.
“Contract” the contract between AHS and the Client for the supply of the services and packages comprising these Conditions and any documents referred to in them.
“Materials” those specimens and other items which may include, without limitation, the patient request cards, pre-appointment questionnaires, wet specimens, equipment, medical equipment and supplies, health data supplied by the Client to AHS in respect of the performance of the Services and packages.
“Order” depending on context, the Client’s request for Services or agreement with Form of Agreement and what is written therein.
“Packages” Any collection of services within packages offered by AHS at any time.
“Party” the Client or AHS; “Parties” means the Client and AHS.
“Personal Data” any data compiled and/or processed by AHS pursuant to this Contract which identifies a living individual.
“Proposal” the written proposal (if any) prepared by AHS on the basis of its understanding of the Clients request for Services or packages, outlining the Services or packages to be provided by AHS including a quotation in respect of the fees for the Services submitted by AHS to the Client prior to the services or packages being undertaken, including the Form of Agreement and schedules 1 and 2.
“Published List Price” AHS standard list prices in respect of the Services or packages which can be obtained by request from AHS.
“Report” the diagnostic report following review by AHS pursuant to the requested Services or Packages.
“Services” the health and lifestyle screening assessments on their own or within a package:
i health screening and any individual services; and
ii any services offered on their own or in any of the packages; and
iii any other service offered by AHS from time to time to be provided by AHS under the Contract identified more fully within the Order and such other services which AHS provides, or agrees to provide, to Client.
“Us”/ “We” / “Ours” Amethyst Health Screening or AHS
“Writing” includes email, facsimile, mobile text transmission and any other written communication.
“Working Day” Monday to Friday except Bank Holidays and other public holidays (but the definition of “Working Day” does not preclude the carrying out of the Services on weekends, evenings, nights and Bank Holidays if we should so choose).
“You”/ “Your” / “Yours” The client
2.2 Any reference in these Conditions to “writing” or cognate expressions includes a reference to facsimile transmission, email, mobile texting or comparable means of communication.
2.3 The headings are for reference only and will not affect the interpretation of these Conditions.
2.4 AHS reserves the right at any time without liability to correct any clerical, typographical or other similar errors or omissions made by it.
2.5 References to statutes or statutory.
3 APPLICATION OF TERMS
3.1 Subject to clause 3.3, the Contract shall be on these Conditions and they will govern the provision of the Services to the exclusion of all other terms and conditions (including any terms or conditions which Client purports to apply under any purchase order, confirmation order, specification or other document).
3.2 No terms, conditions or warranties endorsed upon, delivered with or referred to or stipulated or contained in any purchase order or other similar document delivered or sent by the Client to AHS will form part of the Contract.
3.3 No variation to, waiver of or addition to these Conditions or any representation about the Services will have any effect unless it is expressly agreed in writing and contains a specific reference to these Conditions. Client acknowledges that it has not relied on any statement, promise or representation made or given by, or on behalf of, AHS which is not set out in the Contract. Nothing in this clause shall limit or exclude AHS’s liability for fraudulent misrepresentation.
3.4 Should there be a conflict between any of the provisions of these Conditions and the provisions of a Proposal (if any), the provisions of these Conditions will prevail.
3.5 AHS shall provide the Services when such Services are ordered by the Client from time to time (in accordance with 4 herein) upon the terms and conditions in this Contract and in consideration of the fees payable by the Client.
3.6 The Client shall have obtained any necessary consents and permissions required for this Contract to be valid and binding upon the Client and the person placing any Order with AHS shall have ostensible authority to bind the Client in accordance with the terms of this Contract (including, without limitation, those obligations concerned with payment).
3.7 AHS shall supply and deliver the Services in accordance with the description of the services in the proposal where possible. However, the proposal may be subject to change before schedule 1 and the contract is supplied to the client, this is due to regular updating of the service AHS offers to reflect NHS guidelines where possible and appropriate, but AHS will inform the client of any changes before sending Schedule 1.
3.8 AHS shall supply and deliver the Services in accordance with the description of the services in Schedule 1.
3.9 The Client acknowledges and accepts AHS’s Requirements which are fully detailed within Schedule 1.
4 ORDER FOR SERVICES
4.1 The Client shall provide AHS with an Order for the Services in writing or by filling out the Form of agreement and signing it either electronically or by hand, accepting schedule 1 and schedule 2. A written Order by the Client or filling out the Form of agreement accepting schedule 1 and 2 to AHS will be deemed to be an acceptance by the Client of the purchase of Services subject to these Conditions.
5 THE SERVICES AND THE CLIENTS OBLIGATIONS AND RESPONSIBILITIES
5.1 The Client:
i has obtained all necessary legal permissions and consents and shall comply with all applicable laws, regulations and ethics in respect of possession of and/or use of Materials, services and reports; and
ii has obtained all necessary legal permissions and consents and shall comply with all applicable laws, regulations and ethics in connection with:
these terms and conditions
its submission of the Orders to AHS;
AHS’s use of Materials and administration of services and report;s and
all client insurances.
5.2 The clients First Aid personnel be available if needed when a screening is taking place on client premises and record relevant patient details and symptoms in conjunction with applicable laws, regulations, insurances and ethics where necessary
5.3 The client is responsible for any individual clients belonging to the client company receiving services from AHS
5.4 In the event that the Client requests AHS to repeat Services for any reason, Client will be required to meet any additional costs associated with such repeat work.
6 TIMES OF DELIVERY OF SERVICES
6.1 Any times specified or agreed by AHS for the delivery of the Services are given in good faith but are an estimate only. If no time is specified or agreed by AHS the Service will take place within a reasonable time. AHS will not be liable for any loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Services.
6.2 If through personal illness or other circumstances out of AHS control AHS cannot honour the booked dates for a client or a client’s branch/branches, AHS reserve the right to cancel, without any liability for any loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the services. AHS will arrange another date convenient to the client as soon as possible after the agreed date. If another date is impossible then a full refund to the client will take place for any work not undertaken.
7 PRICE AND PAYMENT
7.1 From time to time AHS will present offers or introductory prices for their services and packages, unless a time limit has specifically been written, these offers are limited to within 28 days of being received which includes week days, weekends and bank holidays.
7.2 Unless expressly agreed otherwise in writing by AHS, the Services are supplied by reference to the prices identified in the Proposal prepared and submitted by AHS to the Client in respect of the Services.
7.3 AHS requires payment in advance for the total number of screenings agreed. AHS will consider dividing the payment for the whole company (client) at AHS discretion.
7.4 If on the day of screening individual patients of a client cannot be screened for reasons out of their control and they are not available to retest at another branch then a full refund will be issued for that individual.
7.5 The Client shall provide bank details or any other details which will make payment possible in advance of the screening.
7.6 No payment will be deemed to have been received until AHS has received the payment in full in cleared funds.
7.8 In the event of a change to a booked date, for a request of our Services, AHS will do all it can to accommodate such a request. In the event of cancellation then if cancellation is made in writing more than 7 days before the arranged date no repayment is due. In the event of a change of booking which cannot be accommodated cancellation within 7 days of the arranged date then the full fee shall be due from the Client.
7.9 Time for payment will be of the essence of the Contract and the Client will indemnify AHS against all expenses and legal costs (on a solicitors Client basis) incurred by AHS in recovering overdue amounts.
7.10 The Client will make all payments due under the Contract without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless the Client has a valid court order requiring an amount equal to such deduction to be paid by AHS to the Client.
7.11 If the Client fails to pay AHS any sum due pursuant to the Contract and services carried out then, without prejudice to AHS’s other rights and remedies, Client shall pay interest at 6% to AHS on such sum from the due date for the payment at the statutory rate from time to time in force accruing on a daily basis until payment is made in full (whether before or after any judgement).
8.1 AHS warrants (subject to the provision of this clause 8) that the Services will be performed:
i safely and with reasonable care and skill; and
ii using properly qualified and experienced persons; and
iii in accordance with English law.
8.2 If any of the Services do not conform with the warranties set out in clause 8.1 AHS will at its option and cost re-perform such Services or refund the price of such Services at the pro rata contract rate.
8.3 Save for the warranty given by AHS at clause 8.1, all warranties, conditions and other terms (whether implied by statue or otherwise) are, to the fullest extent permitted by law, excluded from this Contract.
9 LIMITATION OF LIABILITY
9.1 Nothing in these Terms and Conditions excludes or limits the liability of AHS for fraudulent misrepresentation or for any death or personal injury caused by AHS’ negligence.
9.2 Subject to clause 8 and clause 9.1 AHS will not be liable to the Client in contract, tort (including, without limitation, negligence), and misrepresentation or otherwise for any:
i economic loss of any kind (including, without limitation, loss of use, profit, anticipated profit, business contracts, overhead recovery, revenue or anticipated savings); and
ii any damage to the Client’s reputation or goodwill; and
iii any other special, indirect or consequential loss or damage (even if AHS has been advised of such loss or damage) arising out of or in connection with the Contract.
9.3 Subject to the provisions of clause 8 and clause 9.1, and 9.2 AHS’ total liability in contract, tort (inducing, without limitation, negligence), misrepresentation or otherwise arising out of or in connection with this Contract (a “Default”) will be limited to the price paid or payable in respect of the Services (or the relevant part of the Services) to which the Default relates.
9.4 The provisions of this clause 9 shall survive the termination or expiry for whatever reason of this Contract.
10.1 AHS will not be liable for any breach by Client of any applicable laws and regulations including, without limitation, Client’s failure to obtain any necessary permissions and approvals.
10.2 AHS will not be liable for any loss or damage to the Materials unless such loss or damage arises as a direct result of AHS negligence. Where AHS is liable under this clause 10.2 AHS’ liability to the Client will be limited to the lesser of: the sums noted in the limitation of liability set out at clause 9.3; or the actual value of the Materials.
10.3 The Client will keep AHS indemnified in full against all liability, loss, damage, injury, claim, action, demand, expense or proceeding awarded against or incurred by AHS as a result of or in connection with the use of the Materials by AHS in respect of the Services.
11 CONFIDENTIALITY AND GENERAL DATA PROTECTION REGULATION (GDPR)
11.1 AHS and Client shall keep strictly confidential all information concerning the business and affairs of the other together with any information disclosed under the Contract (including, without limitation, patient Materials and information) obtained from the other either pursuant to the Contract or prior to and in contemplation of it, and shall use the same exclusively for the purposes of the Contract and shall disclose the same only to those of its directors, consultants and employees to whom and to the extent that such disclosure is reasonably necessary for the purposes of the Contract.
11.2 In carrying out the Services AHS shall at all times:
i process patient information in accordance with the provisions of this Contract solely for the purposes of the Services as specified in the applicable order; and
ii process the patient information in line with GDPR laws
11.3 Subject to the Client supplying patient information which is compliant in all respects with GDPR laws, ensure that all patient information is kept in accordance with the reasonable instructions of the Client.
11.4 The Client will keep AHS indemnified in full against all liability, loss, damage, claim, action, demand, expense or proceeding in respect of any breach by the Client of the provisions of clause 11.3.
11.5 AHS shall only disclose Reports to any third party such as GP’s with the consent of the Client in respect of whom the Report is prepared.
11.6 The obligations of confidentiality shall not apply to information which:
i AHS can demonstrate was already in its possession and at its free disposal prior to receipt; and
ii is subsequently disclosed to AHS without any obligation of confidence by a third party who has not derived it directly or indirectly from the Client; and
iii it enters the public domain through no act or fault of AHS, its agents or employees.
11.7 Any client, individual or patient belonging to the client will have full confidentiality unless it is agreed upon by the client or individual client that their name and experience can be used in testimonials or for publicizing.
11.8 Individual health screenings are kept confidential and not shared with the client (company).
11.9 It is agreed by the client that should AHS need software support from the software provider (who are also subject to GDPR and are fully compliant with these laws) which AHS uses during health checks, then they can access the software and stored information during their technical service of the software.
11.10 Within a client (company) a report of the percentage of a health problem to assess health trends can be given upon request without any individual name being given.
12 INTELLECTUAL PROPERTY RIGHTS (“IPRS”)
12.1 The Client will keep AHS indemnified in full against all liability, loss, damage, claim, action, demand, expense or proceeding in respect of any infringement or alleged infringement of any IPRs resulting from any use by AHS of the Materials or any compliance by AHS with the Client’s instructions, whether express or implied.
13.1 AHS may terminate the Contract immediately if:
i the Client fails to pay the price immediately on the day of the screening if that has been arranged; or
ii the Client is in breach of any term of the Contract and has failed to remedy such breach within 7 days of receipt of written notice specifying the breach and requiring it to be remedied; or
iii there is a material change in the ownership or control of the Client; or
iv the Client is wound up or becomes insolvent or has a receiver or administrative receiver appointed or duffers the appointment or the presentation of a petition for the appointment of an administration or any equivalent or analogous event occurs in any other jurisdiction.
13.2 The termination of the Contract (howsoever arising) will be without prejudice to any rights and remedies which may have accrued to either party.
13.3 Any Conditions which impliedly have effect after termination or expiry will continue to be enforceable notwithstanding termination or expiry.
14 FORCE MAJEURE
AHS will not be liable to the Client or be deemed to be in breach of these Conditions by reason of any delay in performing or failure to perform any of its obligations under these Conditions if such delay or failure was beyond AHS’ reasonable control including, without limitation, fire, flood, strike or other Industrial action of whatever nature. If AHS is unable to perform its obligations under these Conditions it will promptly notify the Client of the nature and extent of the circumstances in question.
15 HEALTH SCREENING
15.1 AHS can only assess an individual’s health on the day of the screening and does not accept liability for any changes to health thereafter or any health problems thereafter.
15.2 If a client is deemed to be at low risk of cardiovascular disease or diabetes this does not mean the client will definitely not get cardiovascular disease or have a cardiovascular event or diabetes in the future. If a client is deemed to be at high risk of cardiovascular disease this does not mean the client will definitely get cardiovascular disease or have a cardiovascular event or diabetes in the future. AHS cannot foresee future events. AHS do not accept liability for any future health events or crisis whatever a client’s results may be.
15.3 AHS advice does not replace any advice a GP may have given.
15.4 It is the responsibility of the client to follow through on any information or referrals given during the screening and AHS cannot be responsible for any problems occurring as a result of ignoring that advice or not attending referral appointments. Neither does AHS accept liability if advice is followed and a cardiovascular event or other illness occurs. It is up to each individual client to check with their GP if they are safe to follow any guidelines given.
15.5 AHS do not accept liability in the unlikely event of any problems that may occur from following advice found in third party fact sheets, booklets or any other third party material or information gleaned from third party companies or organizations or any information taken from third party websites and the like. Examples of a third party would be The British Heart Foundation or different limbs of the NHS such as NHS Choices.
15.6 Any screening is only as accurate as the equipment that is used, AHS do not accept liability for any errors that may occur with AHS equipment without AHS knowledge.
15.7 AHS use software supplied by a third party and so AHS health assessments are based around that software, AHS do not accept any liability for any errors that may be in that software.
15.8 AHS wherever possible stay up to date with present health assessment figures and trigger points but do not accept liability for changes made without AHS knowledge and cannot accept liability for health assessments carried out in the past where different trigger point values and health assessment figures were used should any health problems occur because of that.
15.9 AHS will screen a minimum of five people in one branch.
15.10 Unless expressly agreed otherwise, AHS shall supply reports, where applicable, by one of the following mechanisms, direct to the individual or if there should be any unforeseen problems or any problems with equipment that makes this difficult the report will be sent by courier, post, email, facsimile transmission to the Client’s nominated contact and secure facsimile number. The Client shall provide AHS with all relevant contact details prior to the commencement of the Services.
15.11 Some clients are not eligible for a health check, please see your pre-appointment questionnaire for details
16 HEALTH SCREENING DISCLAIMER
16.1 The purpose of a health screening is to identify wherever possible and as early as possible, certain risk factors for cardiovascular disease and diabetes which may potentially save a client’s life and may improve a client’s quality of life or slow down the progression of certain diseases such as cardiovascular disease and diabetes, however, no health screening is always totally perfect and screening does not offer protection from diseases but can help the client to see the changes the client needs to make that may help the client to save their life or slow down the progression of cardiovascular diseases and improve their quality of life. This is dependent on the client making the necessary changes in the client’s life, although this cannot totally guarantee a disease free, illness free life in the future because all sorts of factors can affect the clients health and also certain risk factors are fixed and cannot be changed. AHS cannot accept any responsibility or liability for any problems occurring with the client’s health after a client’s screening.
The Screening process by Amethyst Health Screening is for a set screening and therefore will not show up every medical problem a client may have. If AHS detect any abnormal levels regarding your results, AHS will inform you of this and we will leave the exact diagnosis to the relevant professionals since they may need to do further tests. AHS disclaim all warranties, responsibilities and liabilities in the event of Amethyst Health Screening suspecting or ascertaining the client have certain health problems that upon further tests and diagnosis are not present or turn out to be something else.
AHS screen for irregular pulse in clients but this is a screening that has limits because some arrhythmias, irregular pulse problems, bradycardia and tachycardia’s need more rigorous and/or specific tests not carried out by AHS and some arrhythmias, irregular pulses, bradycardia’s and tachycardia’s are not present 24 hours a day. AHS disclaim all warranties, responsibilities and liabilities in the event the irregular pulse screening equipment AHS uses or if manual palpation also does not present an initial problem with irregular pulse, arrhythmias, bradycardia or tachycardia.
We aim wherever possible to refer you to the relevant professionals if needed or give you advice to make changes that may help you improve your health. If we cannot refer you directly to consultants for any reason, we will refer you to your GP and we will send him/her our findings so that they can refer you to the necessary consultants where needed.
We disclaim all warranties and responsibilities for any problems that may occur from the screening process if you have not informed us of the relevant information that makes it unwise for you to have these tests.
16.2 We do not accept liability for any accident, fatal accident or injury or any loss of any type that may arise due to a personal intolerance or reaction of the client or patient to any part of the screening process, either during the screening or afterwards at any time.
17.1 The Client will not without the prior written consent of AHS assign or transfer the Contract or any part of it to any other person.
17.2 AHS may without the prior written consent of the Client assign or transfer the Contract or any part of it to any other person.
17.3 Each right or remedy of AHS under these Conditions is without prejudice to any other right or remedy which AHS may have under these Conditions or otherwise.
17.4 Any notice or other document to be served under the Contract must be in writing and may be delivered or sent by prepaid first class post or facsimile transmission by arrangement. Any notice or document shall be deemed served, if delivered at the time of delivery, if posted, 48 hours after posting and if sent by facsimile transmission, at the time of transmission.
17.5 If any provision of the Contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, unenforceable or unreasonable it will, to the extent of such illegality, invalidity, voidness, unenforceability or unreasonableness, be deemed severable and the remaining provisions of the Contract shall continue in full force and effect to the fullest extent permitted by law.
17.6 Failure or delay in AHS exercising any right or remedy provided by the Contract or by law will not be construed as a waiver of such right or remedy or a waiver of any other right or remedy.
17.7 A person who is not a party to the Contract will have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.
17.8 These Conditions and any document expressly referred to in them represent the entire agreement between the Client and AHS in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between the Client and AHS, whether oral or in writing.
17.9 Client and AHS acknowledge that, in entering into the Contract, neither has relied upon any representation, undertaking or promise given by the other or implied from anything said or written in negotiations between Client and AHS prior to such Contract except as expressly stated in these Conditions.
17.10 Neither Client nor AHS shall have any remedy in respect of any untrue statement made by the other whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these Conditions.
17.11 AHS has the right to revise and amend these Conditions from time to time. Client will be subject to the Conditions in force at the time that it orders Services from AHS, unless any change to these Conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by Client).
17.12 The Contract and any dispute or claim arising out of or in connection with it or its subject matter of formation (inducing non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with the Contract or its formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the English courts.
THIS MARKS THE END OF THESE TERMS AND CONDITIONS