Kern Systems, the Trading name of Kern Leisure Systems Ltd, The trading group also includes partners Care Plus Innovation Ltd and Formability Ltd.

1. The equipment remains the property of KERN Leisure Systems Ltd (“The Supplier”) until full payment as described in the Conditions of Purchase Summary has been received by the supplier.

a) Neither this agreement nor any of the rights or obligations here under shall be assigned by the customer without the written consent of the supplier.

b) If the customer wishes to lease, rent or finance the equipment via a third party then the supplier will allow this providing condition 1 above will be fulfilled.

2. Payment will be as per schedule of the order from the date of the invoice, title will not be passed until all monies are received by the Supplier. Discount will be negated if the terms of payment are not honoured.

3. The supplier will supply the services / equipment detailed in the agreement, free from defects, but in no circumstances will the supplier be responsible for any loss of business or profit or any other consequential loss however arising, including if appropriate delay or failure to provide the services / equipment or to provide maintenance or for any other reason.

4. KERN Leisure Systems Ltd reserves the right to withhold goods & services if overdue monies are owed to the company.

5. The supplier agrees to provide licensed Software to the customer. The software will be licensed to the customer.

a) Defects in the software are the liability of the authors not the supplier. The supplier will assist in justified claims against the author(s) but will not be responsible for liability, loss of profits, loss of business or any other consequential loss however arising from the use of software, or failure to provide Software or any costs supporting the claim.

b) Software will not be copied/modified/duplicated for any purposes of gain or resale by the customer.

c) The customer shall be responsible for all data stored on the equipment and the software, and all the backup procedures. The supplier will not be responsible for any loss of data, loss of business, loss of profits or any consequential loss however caused.

d) Unapproved modifications of the software or the equipment by the customer or a third party will render this agreement for any forms of support null and void. Any modifications by the Customer or third parties must be approved in writing by the supplier if the supplier is to continue to support the equipment.

e) The software is supplied and supported by payment of an Annual Licence Fee (ALF).

6. The customer will make available two employees to be trained by the supplier in the use of the equipment and software, from the date of installation should additional or new employees require training then this will be deemed outside the contracted support and will be chargeable to the customer at the rates current at the time of training.

7. Acts of omission or willful neglect resulting in the supplier having to provide service/support including accidents and misuse or any other default will deem the supplier not liable under the provision of service or support and any costs incurred will be the responsibility of the customer.

8. All other items not detailed in the official purchase order will be deemed as consumable i.e.; pdas, tablets, disks, ribbons, etc. and will be the total responsibility of the customer. Should the supplier deem the consumables defective and detrimental to the equipment then the customer will replace such consumables at the customer’s own expense.

9. The supplier shall deliver the equipment to the installation address and all support, maintenance and all other services will be provided at that address. Should the equipment be re-sited to a different address then the supplier has the right to cancel the agreement without notice or penalty, irrespective of the age of the installation should the supplier deem the new location outside the supplier’s service area.

10. The customer is responsible for the installation area and the safety and supply of all electrical appliances. Should the electrical supply be deemed sub standard by the supplier the customer will be at their expense provide all the necessary equipment or facilities to provide all the correct electrical supply to the satisfaction of the supplier’s specifications.

11. The supplier warrants the equipment free from defect in materials and workmanship for a period of three months (90) days from the date of delivery. The supplier at its own cost will repair or replace the equipment as the supplier deems necessary to meet the obligations of the schedule of equipment detailed in OUR Purchase Order.

12. The supplier contracts to provide service/support within the suppliers working hours currently 09.00-17.00 hours Monday to Friday excluding all public and bank holidays. Service/support outside the suppliers working hours will be deemed to be outside the contracted hours and will be charged to the customer at the rates applicable. The supplier will at all times employ its best endeavours to respond in reasonable time scales in the customer requests but guarantees no response times and has no liability to do so and accepts no loss of any nature howsoever caused in delay or failure to provide service/support.

13. The customer shall notify the supplier of any change of use location or ownership in writing not more than 7 days after the event. The supplier will respond as and to the acceptance of the proposal not more than 7 days from the receipt of the notification.

14. Support, maintenance and ALF contracts will automatically renew on the anniversary date detailed in Our Purchase Order and be payable by the customer unless the customer gives in writing 90 days notice to expire on or before the anniversary date. The charges by the supplier will not increase by more than 15% in any one-year. The supplier reserves the right to cancel all contracts should the supplier consider the equipment to be beyond economical repair. The customer will receive the balance of the premium paid by way of a refund pro-rata to the anniversary date, from the date the equipment is deemed uneconomical by the supplier.

15. By the signing of this agreement the customer accepts all the above terms and conditions. Your attention is drawn to clause 2 in particular. Where equipment / software is not paid for in the agreed period (as detailed in the agreement) all discount will be cancelled and interest charged (at the company’s discretion) on any outstanding balances at the Bank of England base rate plus 3% on a monthly basis on all the balances outstanding on the 28th of each calendar month, subsequent to the agreed payment period. 

Payment Terms Explained - Credit Customers Only

If Order Value is £7500.+ VAT= Invoice £8,818.50

50% Deposit with Order £4,409.25

50% Balance due on Delivery £4,409.25

Delivery means the day software or hardware is delivered to the customer whichever is sooner.

Delivery of web systems means the web activation date which usually is prior to client use. 

Payments are inclusive of all costs including annuals and VAT were applicable.

If for any reason installation / training is delayed full payment is due 28 days from date of order

If lease purchase the finance company must release payments in accordance with these terms