Terms and Conditions of Sale
These Terms and Conditions shall apply to the purchase of the Goods and Services by you (“the Customer”) from us (“the Seller”). Please read these terms and conditions carefully before ordering any Goods or Services. You should understand that by ordering any of our Goods or Services, you agree to be bound by these terms and conditions. No other terms and conditions shall apply to the sale of the Goods or Services unless agreed upon in writing between us.
1. Definitions and Interpretation
1.1 In these Terms and Conditions the following terms shall have the following meanings:
“Calendar Day” means any day of the year;
“Cancellation Form” means the cancellation form provided by us when you place an order (copies are available on request);
“Cancellation Notice” means the notice to cancel using the Cancellation Form or any other written document containing the same information, produced by the Customer;
“Contract” means the contract for the purchase and sale of the Goods and Services under these Terms and Conditions;
“Customer” means you, the individual purchasing the Goods and Services from us, as identified in the Order;
“Goods” means the goods which we are to supply in accordance with these Terms and Conditions which shall be installed as part of the Services;
“Order” means your completed order for the purchase and provision of Goods and Services;
“Payment Information” means all information required to take the required payments from you and includes, but is not limited to, credit/debit card and address details;
“Sales Literature” means any and all brochures, catalogues, leaflets, price lists and other documents providing details and pricing information of Goods and Services available;
“Seller” means us, Anglian Lifts Ltd, a company registered in England and Wales under 13398106 whose registered office is at 71-75 Shelton Street, London, WC2H 9JQ; and “Services” means the services which we are to provide as purchased by you and in accordance with the Order, these Terms and Conditions and any specific terms agreed.
1.2 Each reference in these Terms and Conditions to:
1.2.1 “writing” includes emails and faxes;
1.2.2 a statute is a reference to that statute or provision as amended or re-enacted at the relevant time;
1.2.3 “these Terms and Conditions” is a reference to these Terms and Conditions; and
1.2.4 a Clause is a reference to a Clause in these Terms and Conditions.
1.3 The headings used in these Terms and Conditions are for convenience only and shall not effect their interpretation.
1.4 Words imparting the singular number shall include the plural and vice versa, and references to any gender shall include the other gender.
2. Basis of Sale
2.1 No statement made by our employees or agents regarding the Goods or Services shall apply to the Contract unless confirmed by us in writing.
2.2 By entering into the Contract, you acknowledge that you do not rely upon, and will not claim for the breach of, any such statement or representation that has not been confirmed in writing.
2.3 Sales Literature issued by us in relation to the Goods and Services is subject to alteration without notice and does not constitute a contractual offer to sell the Goods and Services.
2.4 Any typographical or other accidental errors or omissions in Sales Literature issued by us shall be subject to correction without any liability on our part.
3. Quotation, Orders and Specifications
3.1 Our quotation is based on the information provided to us at the time of preparing the quotation. We reserve the right to make adjustments to the quotation if any errors are found or changes are required which affect our order value.
3.2 The Customer is responsible for obtaining any necessary consents or licences, for example from landlords, housing authorities or building control.
3.3 Our quotation is provided on the basis that your staircase and surrounding structure is sound and suitable for the installation.
3.4 Where we offer to provide a power supply for the Goods, this is subject to the satisfactory condition of the existing wiring in your property. The offer may be revoked if this is found to not be the case.
3.5 Orders placed by you will only be deemed to be accepted when confirmed by us in writing.
3.6 The specification for the Goods and Services will be as set out in our quotation and/or Sales Literature unless otherwise expressly stated in your Order (if accepted by us as above).
3.7 We reserve the right to make any changes in the specification of the Goods and Services which are required to conform with any safety, statutory or regulatory requirements. When conforming to the specification, we also reserve the right to make any changes, provided the changes do not materially affect their quality or performance.
3.8 We will endeavour to deliver the Goods in full in one single delivery. However, if this is not possible, orders may be dispatched in separate shipments at our discretion.
3.9 No Order which has been accepted by us may be cancelled by the Customer except in accordance with the procedure set out in Clause 9 below.
4.1 The prices of the Goods and Services shall be as shown in our Sales Literature and shall be current at the date your Order is accepted, or at a different price as may be agreed in writing between us.
4.2 Where we have quoted a price different to that stated in our Sales Literature, the price quoted shall be valid for 30 Calendar Days only.
4.3 Once an Order has been placed by the Customer and confirmed by us, we shall not alter the price of the Goods or Services chargeable to you except in the following circumstances:
4.3.1 Where the price of Goods or Services shown in Sales Literature, price lists or other documents is higher than the correct price, the Customer will be charged the lower, correct price; and
4.3.2 Where the price of Goods or Services shown in sales literature, price lists or other documents is lower than the correct price, the order or the relevant part of the order will be cancelled by us and the Customer shall be informed in writing of the cancellation and the reason for that cancellation.
4.4 Unless otherwise stated, all prices shown are exclusive of VAT at the current rate and any other relevant taxes.
5.1 Our usual payment terms are as follows:
A non-refundable deposit of 50% of our contract value, is to accompany the order, unless otherwise specified in writing by us. Furthermore, unless otherwise agreed, we shall not commence the works without this payment having been made.
The balance is due on the day of completion of the installation.
The Goods and the manuals, documentation, keys etc. may not be handed over until such time as this payment is received
5.2 If payment is not made in accordance with these terms, we shall be entitled to stop work immediately and for the time that the payments are in arrears, we will add this amount of time to the contract period.
5.3 All payments made to the Seller must be made in Pounds Sterling unless otherwise stated in writing.
5.4 Credit Card Payments no longer levy a surcharge.
5.5 Where our customer is the end user (order placed by end user), any monies that fall due pursuant to this contract which remains unpaid due to the unfortunate death of the Customer, shall form part of the Customers estate as a debt rightfully due and owing to us.
5.6 Where our Customer is a third party (order placed by third party) on behalf of the end user, any monies that fall due pursuant to this contract which remains unpaid, due to the unfortunate death of the end user or where the end user has been moved from the property in which the lift has or was to be installed, shall remain rightfully due and owing to us from the third party.
6. Delivery and Installation
6.1 The Delivery Date is approximate only and time for delivery shall not be of the essence unless otherwise agreed in writing. Delivery times are quoted from the final approval of drawings and settlement of all details enabling manufacture to proceed. We shall not be liable for delays where the required information or approvals are not provided by the Customer.
6.2 Delivery to site and installation cannot commence until all payments have been received and you have confirmed in writing that the site is ready to receive the goods and installation can commence
6.3 Unless specifically stated to the contrary in writing, the delivery and installation will be carried out during ordinary working hours. Any extra cost incurred by us due to any cause outside our control, including delays, storage, non-productive visits to site and extra work, shall be added to the contract price.
6.4 The Goods may be delivered by us in advance of the Delivery Date, provided we give you reasonable notice of this.
6.5 If we are delayed and the Goods are placed into storage, the responsibility for protection and insurance of the goods passes to you. Ownership of the goods will remain with us, whether the Goods are awaiting despatch, have been delivered or are installed (in part or in full) until we are paid in full.
6.6 The works shall be considered complete on our notification to you that its installation has been successfully completed.
6.7 The Customer shall not use the Goods before the installation has been completed and handed over by us and in the event of any such unauthorised use we shall not be liable for any loss or damage arising therefrom.
7. Providing the Services
7.1 We will supply the Services identified in the Order, in accordance with these Terms and Conditions, any specific terms relating to the Services, and any additional terms as specified in the Order.
7.2 We will use reasonable care and skill to perform the Services identified in the Order.
7.3 Whilst every care will be taken to avoid damage to carpets and decoration, these may have to be disturbed in the course of our works and some damage due to their condition, age or make up, may be unavoidable. We shall not accept any liability for any such damage and will not be responsible for the repair or replacement of such carpets and decoration should damage occur.
7.4 We will use all reasonable endeavours to complete our obligations under the Order, but time will not be of the essence in providing the Services.
7.5 If the Customer requires any extra work, this request must be made in writing before we proceed with the works. Any extra sums due as a result shall become due for payment to us in accordance with the payment terms above.
We may use sub-contractors to perform any part of the Services without obtaining the prior written consent of the Customer. Where we do use sub-contractors, we shall be responsible for every act or omission of the sub-contractor as if it were an act or omission of our own.
9. Notice of the Right to Cancel
9.1 The Customer has a statutory right to a “cooling off” period. This period begins once the Contract has been made and ends 14 Calendar Days after the date on which the Contract was made.
9.2 If you wish to cancel the Contract within the cooling off period, you should inform us immediately firstly by telephone and confirmed by way of a letter sent by post, fax or email to the postal address, fax number or email address specified in the Sales Literature or order acknowledgement. You may use our Cancellation Form, but this is not obligatory. Notices of cancellation sent, pursuant to this clause 9.2, by post or delivered personally are deemed served on the day they are sent by you and email notices are deemed served at the time they are sent by you.
9.3 If you cancel within the cooling off period:
9.3.1 you will receive a full refund of any amount paid to us in respect of the Services;
9.3.2 we will process the refund due to you within 14 days after the day on which we are informed of the cancellation.
9.4 We will refund money using the same method used to make the payment, unless expressly agreed otherwise. In any case, the Customer will not incur any fees as a result of the refund.
9.5 The cooling off period does not apply to Goods ordered or received by the Customer which have been made or customised to the Customer’s specifications, including curved stairlifts or special orders.
9.6 Due to the nature of the products and services supplied, we will not commence manufacture or installation of any product until after the 14 day cooling off period has lapsed.
9.7 If you wish for us to begin providing the Services or commence manufacture on a date that falls within the cooling off period, you must make an express request in writing for provision of the Services to begin within the 14 Calendar Day cooling off period. By making such a request, you acknowledge and agree to the following:
9.7.1 If the Services are fully performed within the 14 Calendar Day cooling off period, you will lose the right to cancel and you will be required to pay for the services in full.
9.7.2 If you cancel the Services after the Services have begun but before they are complete, you will still be required to pay for the Services supplied up until the point at which you inform us of your wish to cancel. The amount due shall be calculated in proportion to the full price of the Services and the actual Services already provided. Any sums that have already been paid for the Services shall be refunded subject to deductions calculated above.
9.8 The Services cannot be cancelled after the expiry of the cooling off period. Should the Customer cancel the order with us after this time, we reserve the right to levy reasonable cancellation charges, including but not limited to, any administration costs, procurement costs and loss of profit, against the Customer and these shall fall due for payment immediately.
9.9 If we have commenced the Services before the end of the cooling off period without your written express request, we shall not be entitled to payment for such Services if they are later cancelled by you within the cooling off period.
10.1 If we fail to perform the Services with care and skill, we shall carry out remedial action at no extra cost to you.
10.2 We shall not be liable under any circumstances for any loss of profit, loss of use, loss of contract or contracts, or for any financial or economic loss or for any indirect or consequential loss or damage whatsoever.
10.3 The Customer shall indemnify us against all damages, costs, claims and expenses suffered by us arising from loss or damage to any equipment (including that of third parties) caused by the Customer.
10.4 We shall not be liable to the Customer or be deemed to be in breach of these Terms and Conditions by reason of any delay in performing, or any failure to perform, any of our obligations if the delay or failure was due to any cause beyond our reasonable control.
10.5 Nothing in these Terms and Conditions shall affect your statutory rights as a consumer.
11.1 We guarantee all Goods against faulty workmanship and manufacturing defects for 12 months from the date of completion of the installation. This is subject to all payments having been received in accordance with the payment terms above. This guarantee shall not be deemed to cover repairs, replacements or adjustments which may be required due to ordinary wear and tear or to improper use or care by any other party other than ourselves, or as a result of wilful or accidental damage, misuse, neglect or any other cause beyond our control.
11.2 Any repairs that become necessary due to the exceptions as detailed in clause 11.1 within the guarantee period must be paid for in full before the repairs are undertaken.
11.3 We will only be responsible for regular servicing of the Goods after the guarantee period has expired if you have first signed a service agreement with our service division. Any repairs that are deemed necessary under the Service Agreement will be chargeable and will have to be paid in full before any repairs are undertaken.
11.4 Batteries: Handset batteries and main unit batteries are consumable items and are not covered by any guarantee. The customer should keep a spare set of batteries for the remote controls and replace as required. Call outs to replace handset or main batteries are chargeable.
11.5 This Guarantee shall become null and void if payment for the works is not paid in full.
12 British Standard BS EN81-40: 2008
12.1 Our products are fully approved and certified to BS EN81-40: 2008 for powered stairlifts. However sometimes it may be necessary for us to depart from this approval and certification where the Customers’ requirements or circumstances dictate so. Should this be the case, we would always provide a complete risk assessment and inform you of this in writing.
12.2 Important note: 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 health authority. We will not be held responsible for any costs incurred, if the Customer orders a lift without having first sought such consents.
13 Buy Back Policy: Stairlifts
13.1 It should be noted that curved track stairlifts are individually made to measure, they therefore will have a very minimal buy back value. Please bear this in mind prior to purchase. You will not be able to sell this equipment privately, and will struggle to sell to the trade.
13.2 We will buy back any new straight stairlifts within 12 months of the installation date for up to 10% of the purchase price of the stairlift (excluding any ancillary works), provided that the stairlift is in good working order and reasonable visible condition. After the expiry of the 12 month period, we may still buy back the equipment, but this will be subject to market needs, age and condition of the lift etc.
13.3 We are currently unable to offer buy back guarantees on any products other than stairlifts.
14.1 All notices under these Terms and Conditions shall be in writing.
14.2 With the exception of the notices expressly provided in clause 9.2, notices shall be deemed to have been duly given:
14.2.1 when delivered, if delivered by courier or registered mail during normal business hours of the recipient (where applicable); or
14.2.2 when sent, if transmitted by fax or e-mail and a successful transmission report or return receipt is generated; or
14.2.3 on the fifth business day following mailing, if mailed by national ordinary mail, postage prepaid; or
14.2.4 on the tenth business day following mailing, if mailed by airmail, postage prepaid.
in each case addressed to the most recent address, e-mail address, or facsimile number notified to the other Party.
15.1 We may assign the Contract or any part of it to any other party.
15.2 The Customer may not assign the Contract or any part of it to any other party without our prior written consent.
16 Force Majeure
Neither Party shall be liable for any failure or delay in performing their obligations under the Contract where such failure or delay results from any cause that is beyond the reasonable control of that Party. Such causes include, but are not limited to: inability to obtain labour, power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the Party in question.
17 Unenforceable or Illegal Terms
In the event that one or more of the provisions of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provisions shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
18 Law and Jurisdiction
This Agreement shall be governed by the laws of England and Wales and any dispute between the Parties relating to this Agreement shall fall within the jurisdiction of the courts of England and Wales.