GENERAL
These are the terms upon which we do business and the conditions which apply to the agreement between you (the customer) and ourselves, Unicorn Stairlifts Ltd (the company). These terms and conditions relate to the provision of equipment and services and may not be varied nor extended unless agreed in writing beforehand by the company. Your acceptance of the terms and conditions is indicated by your placing the order for work with us irrespective of whether you sign or not.
1. BRITISH STANDARDS 5776
The customer shall be responsible for satisfying the requirements of BS 5776 in relation to stairlifts in locations not constituting a single family dwelling. The company shall be entitled to rely upon the assurances given by the customer in such cases (as evidenced by the customer order) that such requirements have been complied with and the customer hereby indemnifies the company against any loss whatsoever caused by non-compliance. No act, nor omission, nor statement by the company, its staff or appointed representatives shall be deemed to relieve the customer of his responsibility in this regard.
2. DEPOSIT
Upon accepting the order from the customer the company shall be paid a deposit. The deposit is deducted from the total order value (including VAT where applicable). No part of the deposit shall be refunded in the event of cancellation (see paragraph 3) except at the discretion of the company.
3. CANCELLATION
No order which has been accepted by the company may be cancelled by the customer except with the written agreement of the company. In the event of an order being cancelled and the company accepting such cancellation the company shall be entitled to charge the customer for the work done to date of processing the order (e.g. materials useds, administration and preparation costs) and for any goods necessarily ordered which will not be reimbursed in full by the manufacturer if returned.
4. DELIVERY
5. PRICES AND VAT
6. PAYMENT
Payment in full is due upon satisfactory completion of the installation as evidenced by the customer’s signature on the company’s invoice. The company shall be entitled to charge interest on any unpaid sums after the due date at a rate of 12% per annum if required.
7. INSTALLTION
The customer agrees to allow the company or persons acting on behalf of the company access to the customer’s premises for the purpose of installing the goods. The company shall endeavour to minimise the disruption and affects caused by the installation. However the customer acknowledges the invasive nature of the installation process and hereby indemnifies the company for any damage cause to any structure, fixture or fitting affected by or adjacent to the installation.
8. RETENTION OF TITLE
Ownership of the goods supplied under this agreement shall remain with the company until the customer has paid the company in full the amount agreed. The company may at its discretion recover the goods at any time prior to receiving payment in full.
9. LIMITATIONS
The company’s warranty relates to the provision of equipment (new, reconditioned and rental) and the installation thereof to the location, position and environment agreed with the customer prior to installation by the company’s staff or appointed representatives. The customer acknowledges that the stairlift is a complex technical product with electrical, mechanical and electronic features. The customer agrees to use the stairlift for the purpose intended and in accordance with the manufacturer’s instructions and limitations and not to make nor allow to be made any changes to the stairlift unless authorised to do so by the company, nor interfere with or allow to be interfered with, nor tamper with or allow to be tampered with the stairlift in any way by any person qualified or not. The customer agrees that any such action shall constitute a breach of this agreement which shall free the company thereafter from its obligations agreed herein.
10. SERVICE
Request for service may be logged at anytime either directly with the company’s staff or by means of the company’s messaging service.
Subject to the customer notifying the company immediately with full information about the nature and circumstances of any problem which has arisen within the agreed period ending on the anniversary of this agreement the company shall:
11. EXPIRATION
Upon the expiry of the warranty period, the company shall be deemed to have fulfilled all its obligations in respect of this warranty and may at its sole discretion by virtue of a separate service agreement offer further warranty cover to the customer upon the terms, conditions and prices prevailing at the time.
12. EXCLUSION OF LIABILITY
The company shall not be liable for any consequential damage or loss cause by any defect or failure of the goods or their installation.
13. JURISDICTION
This agreement is to be understood in the context of English law. In the event of a conflict between them, the customer and the company both agree to accept the decisions of a properly constituted English court in resolving such conflict.
14. STATUTORY RIGHTS
Your statutory rights will not be diminished by any of the foregoing terms and conditions.