TERMS AND CONDITIONS OF BUSINESS FOR THE SUPPLY OF GOODS (“Terms”)
1. INTERPRETATION
1.1 The definitions in this clause apply in the terms and conditions set out in this document:
• ForceMajeureEvent:shallhavethemeaninggiveninclause9.
• Goods:theproductsthatwearesellingtoyouassetoutintheOrder.
• Order: your order for the Goods as attached to these terms.
• OrderConfirmation:shallhavethemeaningsetoutinclause2.5.
• Us:AbsoluteMobilityLimitedofUnit3FairviewWorks Newtown Road Henley on Thames RG9 1HG
• BespokeGoods:Goodsproducedinaccordancewithyourspecificrequestwithregardsto size, colour, specification, measurements or dimension and as detailed in the Order.
• You:ThecustomernamedontheOrder.
1.2 Headings do not affect the interpretation of these terms.
2. BASIS OF SALE
2.1 We consider that these Terms the Order and the Order confirmation set out the whole agreement between you and us for the sale of the Goods. Please check that the details in the
Terms or on the Order are complete and accurate before you commit yourself to the contract. If you think there is a mistake or omission in these documents, please contact us immediately. Any changes to the specification of the Goods or other variation to the Terms or Order that you agree with our authorised employees and agents will be only be binding if recorded in writing. We only accept responsibility for statements and representations by our authorised employees and agents that are made in writing. Please ensure that you read and understand these Terms before you sign the Order, because you will be bound by them once a contract comes into existence between us in accordance with clause 2.5.
2.2 Any samples, drawings, or advertising we issue, and any illustrations contained in our catalogues or brochures, are produced solely to provide you with an approximate idea of the Goods they describe. If you wish us to match the Goods to an already fitted out suite at the premises to be fitted out in accordance with the Order we will use our reasonable endeavours to provide the closest match attainable from available manufacturers. Product designs change from time to time and the actual product may differ from the one illustrated on our web site, in our brochure or in any other communication with you.
2.3 If any of these Terms are inconsistent with any term of the Order, the Order shall prevail.
2.4 The Order is an offer by you to enter into a binding contract, which we are free to accept or decline at our absolute discretion.
2.5 These Terms shall become binding on you and us when:
(a) we issue you with written acceptance of an Order Confirmation;
or
(b) we notify you that the Goods are ready,
whichever is the earlier, at which point a contract shall come into existence between us.
2.6 Any quotation for the Goods is given on the basis that a binding contract shall only come into existence in accordance with clause 2.5. A quotation shall be valid for a period of fourteen calendar days from its date of issue, unless we notify you in writing that we have withdrawn it during this period.
2.7 We shall assign an order number to the Order and inform you of it in the Order Confirmation. Please quote the order number in all subsequent correspondence with us relating to the Order.
2.8 You may at any time within fourteen calendar days of placing an Order amend or cancel an Order by providing us with written notice as set out in Appendix 1 of these terms. If you cancel an Order, any payment paid by you and held by us will be subject to a re-stocking fee and other fees applicable under clause(s) 2.9, 2.10 and 2.11.
2.9 Subject to clause 2.8 and 2.10 upon cancellation of an Order for Bespoke Goods in accordance with this clause 2 you will be liable for the full cost of the Goods and for reasonable losses incurred by us unless notice in writing of your cancellation is received by us prior to the design, construction or fabrication of such goods.
2.10 Subject to clause 2.8 you may cancel an order of non-Bespoke Goods provided such cancellation
is received by us prior to consignment. If such Goods have already been consigned you shall incur a handling charge of between 25% and 50% of the costs price of the Goods, (to be decided at our reasonable discretion) and be liable for reasonable losses incurred by us.
2.11 Subject to clause 2.8 upon cancellation of an Order you will be liable to a restocking fee of £250 in addition to the sums due under clause 2.9 and 2.10.
2.12 We have the right to revise and amend these Terms from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities. You will be subject to the policies and terms in force at the time that you order the Goods from us, unless any change to those policies or these Terms is required by law or government or regulatory authority (in which case, it will apply to orders you have previously placed that we have not yet fulfilled).
3. THE GOODS
3.1 On delivery the Goods will be subject to any manufacturers guarantees/after sales services that may be applicable.
3.2 Clause
3.1 does not affect your legal rights in relation to Goods which are faulty or which otherwise do not conform with these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or trading standards office.
3.3 We will take reasonable steps to pack the Goods properly and to ensure that you receive your order in good condition.
3.4 These Terms apply to any repaired or replacement Goods we supply to you in the unlikely event that the original Goods are faulty or do not otherwise conform with these Terms.
4. DEFECTIVE GOODS VARIATIONS AND RETURNS
4.1 Upon receipt of any delivered Goods, you must fully inspect all Goods party to the delivery and address any faults, defects or issues within 5 working days to us.
4.2 These Terms will apply to any repaired or replacement Goods we supply to you.
4.3 We may modify the Goods to a minor extent such that the modifications do not substantially affect their design, quality or appearance
4.4 We shall contact you to obtain agreement to major modifications
4.5 If we cannot provide Goods requested for reasons outside our control then we shall inform you and offer you goods of a similar worth which are of identical or greater quality.
5. DELIVERY
5.1 We will deliver the Goods to you within seven calendar days of the date set out in the Order OR we will deliver the Goods to you on a date we agree once the Goods are ready to be despatched.
5.2 Delivery of the Order shall be completed when we deliver the Goods to you at the delivery address specified in the Order Confirmation (“the Delivery Address”)
5.3 We will take reasonable steps to meet the delivery date or as otherwise agreed between us in writing. However, occasionally delivery may be affected by factors beyond our control and so cannot be guaranteed. We will let you know if we become aware of an unexpected delay and will arrange a new delivery date with you. Please allow extra time for deliveries to the Scottish Highlands and Islands, Channel Islands, Isle of Wight, Isle of Man and Northern Ireland.
5.4 If you fail to take delivery of an Order including our representative employee being unable to deliver the Goods to the Delivery Address then, except where this failure is caused by our failure to comply with these Terms or by an event beyond your control:
(a) we will store the Goods until delivery takes place and may charge you a reasonable sum currently £100 a day to cover expenses and insurance.
(b) we shall have no liability to you for late delivery.
5.5 If you have not taken delivery of the Goods within two weeks of the date set out in the Order we may,
after giving you reasonable prior notice in writing, resell or otherwise dispose of part or all of the Goods and, after deducting reasonable storage and selling costs, pay you for any excess over the price of the Goods or charge you for any shortfall below their price.
5.6 If we are not able to deliver the whole of the Order at one time due to operational reasons or shortage of stock, we will deliver the order in instalments. We will not charge you extra delivery costs for this. If you ask us to deliver the Order in instalments, we may charge you extra delivery costs. Each instalment shall constitute a separate contract. If we are late delivering an instalment or one instalment is faulty, that will not entitle you to cancel any other instalment.
5.7 The Delivery Address is deemed to be outside and kerbside and it is your responsibility to unpack the Goods and deposit them at the required destination by you. We assume no responsibility for ensuring the Goods are of the correct dimensions to fit into your required location.
6. TITLE AND RISK
6.1 The Goods will be your responsibility from the time of delivery.
6.2 Ownership of the Goods will only pass to you when we receive payment in full of all sums due for the Goods, including delivery charges.
7. PRICE AND PAYMENT
7.1 The price of the Goods will be as set out in your Order Confirmation. Prices are liable to change at any time, but price changes will not affect Orders that we have confirmed in writing.
7.2 These prices include VAT. However, if the rate of VAT changes between the date of the Order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Goods in full before the change in the rate of VAT takes effect.
7.3 It is always possible that, despite our best efforts, some of the Goods we sell may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that, where the Goods’ correct price is less than our stated price, we will charge the lower amount when dispatching the Goods to you. If the Goods’ correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Goods, or reject the Order and tell you. If the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as an error, we do not have to provide the Goods to you at the incorrect (lower) price.
7.4 Payment for all Goods must be made in full, in advance by cheque, bank transfer or debit card. We do not accept credit cards.
7.5 If we agree to payment in stages, instead of payment in advance as set out under clause 7.4, and you do not make any payment due to us by the due date for payment we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Natwest from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with the overdue amount.
7.6 Without limiting any other remedies or rights that we may have, if you do not pay us on time, we may cancel or suspend any other outstanding Order until you have paid the outstanding amounts.
7.7 Clause 7.55 and clause 7.66 shall not apply for the period of the dispute if you dispute the payment owing in good faith and let us know promptly after you have received the invoice that you dispute it.
8. LIMITATION OF LIABILITY
8.1 Subject to clause 8.3 and clause 8.2, if either of us fails to comply with these Terms, neither of us shall be responsible for any losses that the other suffers as a result, except for those losses which are a foreseeable consequence of the failure to comply with these Terms.
8.2 Subject to clause 8.3, neither of us shall be responsible for losses that result from our failure to comply with these Terms which fall into the following categories: w
(a) loss of income or revenue; (b) loss of profit;
(c) loss of business;
(d) loss of anticipated savings; (e) loss of data; or
(f) any waste of time.
However, this clause 8.2 shall not prevent claims for foreseeable loss of, or damage to, your physical property.
8.3 Nothing in this agreement excludes or limits in any way our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
(d) defective products under the Consumer Protection Act 1987; or
(e) any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.
9. EVENTS OUTSIDE OUR CONTROL
9.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control (Force Majeure Event).
9.2 A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes, in particular (without limitation), the following:
(a) strikes, lock-outs or other industrial action;
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(e) impossibility of the use of public or private telecommunications networks; or
(f) pandemic or epidemic.
9.3 Our obligations under these Terms are suspended for the period that the Force Majeure Event continues, and we will have an extension of time to perform these obligations for the duration of that period. We will take reasonable steps to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Terms can be performed despite the Force Majeure Event.
10. ASSIGNMENT
You may not transfer any of your rights or obligations under these Terms to another person without our prior written consent, which we will not withhold unreasonably. We can transfer all or any of our rights and obligations under these Terms to another organisation, but this will not affect your rights under these Terms.
11. NOTICES
All notices sent by you to us must be sent to Absolute Mobility at Unit 3 Fairview Works Newtown Road Henley on Thames RG9 1HG. We may give notice to you at either the e-mail or postal address you provide to us in the Order. Notice will be deemed received and properly served 24 hours after an e-mail is sent or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that the letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that the e-mail was sent to the specified e-mail address of the addressee.
12. GENERAL
12.1 If any court or competent authority decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
12.2 If we fail, at any time while these Terms are in force, to insist that you perform any of your obligations under these Terms, or if we do not exercise any of our rights or remedies under these Terms, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations. If we do waive a default by you, that will not mean that we will automatically waive any subsequent default by you. No waiver by us of any of these Terms shall be effective unless we expressly say that it is a waiver and we tell you so in writing.
12.3 A person who is not party to these Terms shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
12.4 These Terms shall be governed by English law and we both agree to the non-exclusive jurisdiction of the English courts.
APPENDIX 1
The Consumer Contracts (information, Cancellation and Additional Charges) Regulations 2013 Notice of the Right to Cancel
Under the above regulations you have a right to cancel this contract during a period of 14 calendar days from the day this notice is sent or given to you. During that period if you choose to cancel the contract any money paid by you will be refunded.
However if you have already given written approval for the work to begin before the end of the cancellation period you may be required to pay for goods or services already provided.
If you wish to cancel the contract you must do so in writing and deliver personally or send (which may be by electronic mail or post) this to the person named below. You may use the form below if you want to but you do not have to.
The notice of cancellation is deemed to be served as soon as it is posted or in the case of and electronic communication from the day it is sent.
Complete, detach and return the form below only if you wish to cancel the contract