Definitions
In these Conditions:
BUYER- means the person who buys or agrees to buy the Goods from the Seller;
CONDITIONS- means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller;
CONTRACT- means a contract between the Seller and the Buyer for the sale and purchase of Goods in accordance with these Conditions;
DELIVERY DATE- means the date specified by the Seller when the Goods are to be delivered, or the date on which delivery takes place, whichever is later;
DELIVERY DESTINATION- means the location specified in a Contract for the delivery of the Goods ordered by the Buyer under that Contract;
GOODS- means the articles which the Buyer agrees to purchase from the Seller;
SELLER- means Access Stairs. Ltd Unit 59 Parkwest Enterprise Centre, Nangor Road, D12 FX09
Conditions Applicable
2.1 These Conditions shall apply to all Contracts to the exclusion of all other terms and conditions including any terms or conditions which the Buyer may purport to apply under any purchase order, confirmation of order, or similar document.
2.2 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Conditions.
2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Conditions.
2.4 Any variation to these Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless expressly agreed in writing by the Seller. The Buyer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of the Seller which is not set out in the Contract.
2.5 Quotations issued by the Seller do not constitute an offer by the Seller to supply the Goods referred to therein.
2.6 Prices quoted shall hold for a period of 60 days, any variations caused as a result of legal requirements will be added and deemed accepted by the buyer, in compliance with the law.
Delivery Time
Delivery times quoted are from receipt of non refundable deposit/order, or where specified from final approval of drawing. We shall not be liable for any delays due to lack of availability of labour or materials or matters beyond our control.
Advice & Guidance
Customers are reminded that with certain types of premises it may be necessary in their own interest, to seek the advice and guidance of the Local Authority, Landlord or Fire Officer prior to an installation, as we shall not be held responsible for any alterations which may be deemed necessary afterwards
Guarantee
The Company guarantee that it will rectify any defects arising out of faulty material or workmanship during a period of two year after installation to all NEW appliances, except repairs, replacement or adjustments or other work necessitated because of wilful or accidental damage, misuse, neglect or any other cause beyond our control. NOTE: Recondition/Second-hand units are covered for a period of one year.
Warranty
6.1. Subject to the provisions of Condition 7 below, the Seller warrants that the Goods will correspond with their specification at the time of delivery and will be free from defect in both materials and workmanship for a period of twelve (12) months from the Delivery Date.
6.2.Except where the Buyer is dealing as a consumer (within the meaning of section 3(1) of the Sale of Goods and Supply of Services Act 1980 (the “1980 Act”)), all other warranties, conditions or terms relating to the fitness for purpose, quality or condition of the Goods (including but not limited to sections 13, 14 and 15 of the Sale of Goods Act 1893 (as amended by section 10 of the 1980 Act)), whether express or implied by statute, common law or otherwise, are excluded to the fullest extent permitted by law.
Limitation of Liability
Without prejudice to the generality of Condition 6 above, the Seller shall be under no liability to the Buyer:
7.1.1 In respect of any defect arising from wear and tear, wilful damage, negligence, abnormal working conditions, a failure to follow the Seller’s instructions (whether oral or in writing), misuse or alteration or repair of the Goods without the Seller’s approval;
7.1.2 whatsoever in the event that the full price (including, without limitation, those matters set out in Condition 14) for the Goods has not been paid by the due date for payment;
7.1.3 or otherwise be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform any of the Seller’s obligations in relation to the Goods if the delay or failure was due to any cause beyond the Seller’s reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond the Seller’s reasonable control:
(a) Act of God, explosion, flood, tempest, fire, or accident;
(b) war or threat or war, sabotage, insurrection, civil disturbance, or requisition;
(c) acts, restrictions, regulations, by-laws, prohibitions, or measures of any kind on the part of any governmental, parliamentary or local authority;
(d) import or export regulations or embargoes;
(e) strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of the Seller or of a third party);
(f) difficulties in obtaining raw materials, labour, fuel, parts or machinery;
(g) power failure or breakdowns in machinery.
7.2 Where any valid claim in respect of any of the Goods is based on any defect in the quality or condition of the Goods or their failure to meet their specification is notified to the Seller in accordance with these Conditions then the Seller shall be entitled to fix or replace the Goods (or the part in question) free or charge, or at the Seller’s sole discretion refund to the Buyer the price of the Goods (or a proportionate part thereto), but upon the Seller undertaking either of the steps in this Condition 7.2 the Seller shall have no further liability to the Buyer. In any event, and notwithstanding anything else to the contrary, Buyer shall not be entitled to any additional amounts or any other reimbursement, except as explicitly set forth in the preceding sentence of this Condition 7.2.
7.3 For the removal of doubt, Buyer shall not be entitled to any reimbursement due to defect in the quality or condition of the Goods or their failure to meet their specification, unless Seller was notified of such defect and decided, at its sole discretion, not to replace the Goods (or any applicable component thereof) with conforming Goods or components. Notwithstanding anything else to the contrary in these Conditions, Seller shall not be under any obligation to fix or replace the Goods, or refund the price of such Goods, unless (i) it was notified of the defect in the quality or condition of the Goods or their failure to meet their specification, and (ii) it had the opportunity to inspect the Goods within a reasonable time after it was notified of the defect/non-conformity of the Goods. Except in respect of death or personal injury caused by the Seller’s gross negligence, the Seller shall not be liable to the Buyer by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for loss of profit or for any indirect, special or consequential loss or damage, costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of the Seller, its employees or agents or otherwise) which arise out of or in connection with the supply of the Goods.
7.4 Any claim (including any relating to the quality of the Goods) by Buyer arising out of this Contract shall be provided to Seller by written notice setting forth fully the facts on which it is based immediately after the date when the facts were discovered or reasonably should have been discovered, but in any event no later than 90 days after the date the Goods were delivered by Seller. Buyer unconditionally waives any and all claims that are not made during the requisite period required by this Contract and Seller shall not be obliged to accept any such claims made after such period.
Servicing
After the unit has been installed for 12 months. It is recommended that a service and inspection visit should occur. Please contact the office to arrange.
Warranty
The warranty on the stairlift can be extended by taking out an extended warranty contract.
Value Added Tax
The prices quoted are subject to any Government increase in Value Added Tax where chargeable or any other tax applicable to the installation
Cancellation
We necessarily incur costs in obtaining your order and surveying your dwelling and further costs from the time that you place your order. If you cancel your order(s)prior to installation we regret that you will become liable to us for a cancellation charge as follows:
Up to 7 days after placing order ………………………………………………………….Charge rate is 20% of price quoted, plus vat @13.5%
After 7 days but prior to the completion of the
Actual manufacture of the lift ……………………………………………………………. Charge rate is 40% of price quoted, plus vat @13.5%
After completion of manufacture, but prior to shipping ………………………Charge rate is 70% of price quoted, plus vat @ 13.5%
After shipping …………………………………………………………………………………….. Charge rate is 100% of price quoted, plus vat @13.5%
Ownership and Title
Ownership of the lift only passes to the buyer upon full payment of the amount quoted and invoiced. The Company reserves the right to remove the lift at its discretion upon failure of the buyer to pay whatever outstanding balance remains unpaid after the specified payment time. The buyer will become liable for all labour costs of its removal together with the cost of wear, and depreciation.
European Standard 81.40
Our products are fully approved and certified to EN 81:40 for powered stairlifts. Important note: under annex A, if a stairlift is to be installed into premises other than a single-family dwelling, the building owner is advised to take professional consultation on the suitability of a stairlift for the application. This advice encompasses fire regulations, environmental health, building control and with registered homes, the local authority.
Late Payment
14.1 In the event that the Buyer fails to make payment of any invoice within its due date for payment then the Seller shall be entitled to (without limitation):
14.1.1 Charge interest on such invoice from the date of the invoice until the date of payment of the invoice at a rate of 8% above the base rate from time to time in force at the European Central Bank and such interest shall accrue at such rate after as well as before judgment;
14.1.2 Charge additional interest in accordance with the provisions of the European Communities (Late Payment in Commercial Transactions) Regulations 2002 at such rates and for such times as may be permitted under these regulations;
14.1.3 Suspend or cancel deliveries of any Goods due to the Buyer;
14.1.4 Appropriate any payment made by the Buyer to such of the Goods (or any other Goods supplied under any other Contract with the Buyer) as the Seller may in its sole discretion think fit;
14.2 For the avoidance of doubt, the rights and remedies of the Seller set forth hereto are cumulative, not exclusive, and the exercise of one thereof shall not deprive the Seller of the right to exercise others.
General
Nothing in this agreement will breach your statutory rights.
Applicable Law
This contract and all its components are governed by Irisg Law in its entirety.