CONDITIONS FOR CONSUMER SALES
THESE CONDITIONS DO NOT AFFECT THE CUSTOMER STATUTORY RIGHTS
All quotations are made and all orders are accepted subject to the following Conditions and all other terms, conditions or warranties whatsoever are excluded.
Quotations and offers shall be available for acceptance for a maximum period of 60 days from the date of quotation and may be withdrawn by the Company within such period at any time by written or oral notice.
2 PRICES AND VAT
All prices are, unless otherwise agreed, quoted net exclusive of VAT.
Some goods supplied for individual disabled persons at present are not subject to VAT but VAT may be charged in the event of a change in the law. The Company will require a signed declaration of disability for VAT exemption.
In the event of any alteration being requested by the Customer and agreed to by the Company or any additional works becoming necessary pursuant to condition 7.3 the Company shall be entitled to make an adjustment to the contract price fairly reflecting such alteration or addition.
Upon acceptance by the Company of each order the customer shall pay on demand a deposit of an amount to be agreed between the parties.
Unless otherwise agreed by the Company in writing the outstanding payment shall be due on delivery.
If the Customer fails to pay the Company in accordance with this condition the Company shall be entitled, without prejudice to any right or remedy, to suspend all further deliveries to the Customer without notice and to charge interest on any amount outstanding at the rate of 4% per annum above the Base Rate of Barclays Bank Plc in force at the time when payment was due.
Time for delivery of the Goods is given as accurately as possible but is not guaranteed. The customer shall not be entitled to cancel the order or to claim damages if the Company is unable to deliver on the delivery date arranged.
The date of delivery shall be dependant upon prompt receipt of all necessary information, final instructions or approvals from the Customer. Alterations by the Customer in design, specifications or quantities required may result in delay in delivery.
The Customer shall ensure that adequate access is given to the Company to the point at which delivery is to take place and all other facilities and services necessary to enable the Company to deliver the Goods and carry out installation works in accordance with the Customer’s requirements.
The Customer will be required to sign a check list immediately following a demonstration of certain products.
5 CANCELLATION OR RETURN OF THE GOODS
The Customer shall not be entitled to return the Goods supplied for any reason other than under the warranty conditions or in accordance with the Customer’s statutory rights.
Cancellation under a credit agreement will be subject to the conditions contained therein.
All other sales are conducted to comply with the Consumer Contracts (Information Cancellation and Additional Charges) Regulations 2013.
6 SPECIFICATION AND TECHNICAL DOCUMENTS
The Company reserves the right to change the dimensions or composition of the goods supplied within reasonable limits having regard to the nature of the Goods and without notice to the Customer.
All figures, speeds, measurements, capacities and other technical information and data contained in the advertising, sales and technical literature issued by the Company are based on experience and upon trials under test conditions and are provided for general guidance only. No such information or data shall form part of the Contract.
7 SURVEY/ INSTALLATION
Any survey performed by or for the Company is solely for the purpose of preparing a sales quotation and cannot be relied upon for any other purpose.
Unless otherwise agreed all work of installation will be carried out during ordinary working hours. Extra costs incurred owing to suspension of work due to the Customer’s instructions, lack of instructions, interruptions, delays, overtime, unusual working hours and additional work or variations shall be added to the contract price. Any such charges shall be based upon the Company’s normal rates.
Any builders’ or electrical works carried out by or on behalf of the Company in connection with the preparation of the site for installation does not include making good any decorations or carpet which may be disturbed in the course of normal working nor the upgrading of the existing electrical wiring or earth bonding. Any extra works which are or become necessary and which arise from factors which could not have been foreseen by the Company as a result of its survey (condition 7.1) shall be at the sole cost of the Customer.
8 RISK AND TITLE
Risk shall pass to the Customer so that the Customer is responsible for all loss, damage or deterioration to the Goods at the time the Goods arrive at the place of delivery.
Ownership of the Goods or any relevant part thereof shall only pass to the Customer when the Customer has paid to the Company all sums due from it to the Company under this and any other contract between the Company and the Customer.
The Company may recover Goods in respect of which ownership has not passed to the Customer at any time and the Customer hereby licences the Company, its officers, employees or agents to enter upon any premises of the Customer for the purpose of recovering any Goods in respect of which ownership has not passed to the Customer.
This warranty does not affect the statutory rights of the Customer but if the Customer wishes to have the benefit of this warranty condition the Customer must comply with the provisions set out below. This warranty is not transferable.
In the event of a defect in the Goods becoming apparent within 12 months of the delivery date the Company shall either itself or by an authorised dealer/repair agent effect any necessary repair or replacement of parts free of charge if returned to the authorised dealer/repair agent subject to the remaining provisions of this condition 9. Any part so repaired or replaced during the 12 month warranty period is warranted for the remainder of that period. Parts replaced after the original warranty period has expired are covered for three months only.
ON A DEFECT OCCURING DURING THE WARRANTY PERIOD THE CUSTOMER MUST NOTIFY THE AUTHORISED DEALER/ REPAIR AGENT IMMEDIATELY GIVING FULL INFORMATION AS TO THE PROBLEM AND NO USE MUST BE MADE OF THE GOODS WHATSOEVER AND NO ALTERATION OR UNAUTORISED REPAIRS CARRIED OUT TO THE GOODS PRIOR TO INSPECTION BY THE AUTHORISED DEALER/REPAIR AGENT.
The arrangements for repair and service and details of the authorised dealer/repair agent will be notified to the Customer by the Company. In the event that the Customer is operating the Goods away from the locality of the authorised dealer/repair agent the Customer must contact the Company to obtain the name and address of another repairer authorised by the Company.
Items of a consumable nature will not be covered during the warranty period unless such items have suffered undue wear as a direct result of a manufacturing defect. Such items include, amongst others, lubricants, motor brushes, upholstery, tyres, inner tubes, brakes and similar parts. Batteries will be covered by the warranty only where they have been charged and maintained fully in accordance with the manufacturer’s recommendations.
This warranty shall not apply where any defect or malfunction has, in the Company’s opinion, arisen as a result of:
any modification, adjustment or repair to the Goods made by a third party other than the Company or an unauthorised dealer/ repair agent.
the subject of the Goods by the Customer to unusual physical or electrical stress, the neglect, misuse or accidental damage of the goods
any error or omission relating to the operation of the Goods;
fair wear and tear
If on investigation the Company reasonably determines that any defect in or malfunction of the Goods is the result of any of the matters referred to in Condition 9.6 the Customer shall be liable for all costs incurred by the Company investigating the same and determining its cause.
Save where the Company is shown to have failed to exercise reasonable care in the manufacture and/or supply of the Goods and/or performance of the Works and such failure results in death or personal injury, the Company shall not be liable in respect of claims arising by reason of death or personal injury. Further, under no circumstances whatsoever shall the Company be liable for consequential loss (including removal or rectification work required in connection with the installation of repaired or substitute Goods) loss of profits, damage to property or wasted expenditure.
11 FORCE MAJEURE
In the event that the Company’s performance of this contract is prevented, delayed or in any way interfered with by either direction of Government, war, industrial dispute, strike breakdown of machinery or plant, accidental fire, non-delivery by the Company’s Suppliers, damage to or destruction of the whole or part of the Goods or by any other cause beyond the Company’s control the Company may at its option suspend performance or cancel its obligations under the Contract without liability for any damage or consequential loss resulting therefrom.
12.1 This contract shall be interpreted in accordance with English Law and Subject to the Jurisdiction of the English Courts only.