Terms and Conditions
(a) “The Company” means Simply Stairlifts.
(b) “The Purchaser” means the other party to a contract for the supply of goods or services by the Company.
(c) “Goods” means the goods or services supplied by the Company to the Purchaser.
(a) The following General Conditions of Sale and any Special Conditions agreed to in writing by an authorised representative of the Company shall apply to and form the basis of all contract for the sale of the Company’s goods and/or services.
(b) The Company’s quotation is merely an invitation for an order subject to these Conditions and no contract will result until the Company has confirmed such order in writing by an authorised representative of the Company. Such contract will incorporate and be subject to these Conditions.
(c) No qualification or variation to these Conditions shall apply to the sale and purchase of the Goods unless expressly accepted in writing by an authorised representative of the Company. By making an order subject to the acceptance of these Conditions the Purchaser acknowledges these conditions shall prevail over any qualification or condition purported to be imposed by the Purchaser or any previous course or dealing between the Company and the Purchaser.
(d) All quotations are made and all orders are accepted by the Company subject to the following conditions.
(e) Quotations shall be available for acceptance for a maximum period of 30 days from the date of quotation and may be withdrawn by the Company within such a period at any time by written or oral notice.
(f) It is our responsibility to supply you with goods that meet your consumer rights. If you have any concerns that we have not met our legal obligations please contact us.
(a) All descriptions and illustrations contained in the Company’s catalogues, Internet web pages, price lists, advertising matter and other publications are to represent merely a general idea of the Goods described in them and shall not form part of a contract unless specifically incorporated therein by written agreement between the Purchaser and the Company.
(b) The Company reserves the right to update any specification of Goods advertised (including any spare parts supplied) without notice to the Purchaser.
The Company may accept verbal orders but such orders must be confirmed in writing within twenty-four hours by the Purchaser, marked “confirmation”.
(a) No cancellation of any orders will be effective unless in writing and until accepted by the Company. The Company reserves the right to refuse to accept any cancellation and in particular no cancellation will be accepted of orders for goods and/or services to special requirements or obtaining by theCompany of such goods and/or services is in the process of being completed.
Where the Goods and/or service is sold at the Purchaser’s home, the following shall apply:
(b) NOTICE OF RIGHT TO CANCEL THE CONTRACT
You have the right to cancel this contract within 14 days without giving reason. The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods. To exercise the right to cancel, you must inform us by post; 1 The Knoll, Malmesbury, Wiltshire, SN16 9LJ, by telephone 01666 822060, or email using this form of your decision to cancel this contract by a clear statement (e.g. A letter sent by post, fax, or email). To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
(c) EFFECTS OF CANCELLATION
If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us). We may make a deduction from the reimbursement for the loss in value of any goods supplied, if the loss is the result of unnecessary handling by you. We will make reimbursement without undue delay, and not later than (a) 14 days after the day we receive back from you any goods supplied, or (b) (if earlier) 14 days after the day your provide evidence that you returned the goods, or (c) if there were no goods supplied, 14 days after the day on which we were informed about your decision to cancel this contract. We will make reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. We will collect the goods at our own expense and you are only liable for any diminished value of the Goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the Goods. If you requested to begin the performance of services during the cancellation period, you shall pay us an amount which is in proportion to what has been performed until you have communicated us your cancellation from this contract, in comparison with the full coverage of the contract.
(d) EXPRESS REQUEST FOR COMMENCEMENT IN THE CANCELLATION PERIOD
If you have agreed in writing that work will commence before the cancellation period expires, and you subsequently cancel in accordance with your rights, you are advised that reasonable payment will be due for any work carried out. You are asked to confirm in writing that work may commence before your cancellation period expires.
(e) CIRCUMSTANCES EXCLUDING CANCELLATION
The following cannot be cancelled or returned:
(i) The supply of goods that are made to consumer’s specifications or are clearly personalised.
(ii) In the case of a contract for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons, if they become unsealed after delivery.
(a) All prices quoted in the Company’s price schedules are subject to revision without notice and do not constitute an offer for sale at the prices shown.
(b) All Goods will be charged at price current at the time of despatch unless the Company’s provision quotation has been confirmed in writing after receipt of the Purchaser’s order when such quotation will apply.
(c) If any alteration to the design or specification of the Goods ordered is requested by the Purchaser and agreed by the Company, an appropriate alteration in the price for the Goods may be made by the Company.
(d) 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.
7 SALE OR RETURN
Goods are not supplied by the Company on a sale or return basis unless expressly agreed in writing at the time of ordering.
8 TERMS OF PAYMENT
(a) All Goods must be paid for upon delivery unless otherwise agreed in writing with an authorised representative of the Company.
(b) Payment for equipment installation will be payable upon completion of installation.
(c) Unless otherwise agreed, the Company may deliver by instalments and invoice each instalment of Goods at the time of despatch.
(d) The Purchaser shall not make any deduction from the invoice price of the Goods on account of any off set or claim, unless both the validity and the amount thereof have been admitted in writing by an authorised representative of the Company.
(e) Interest will be charged at current bank rates on all overdue accounts, calculated on a monthly basis.
(f) Good requiring payment on delivery will require a deposit of 30% of the order value to be paid at the time of ordering, with the exception of curved stairlifts, platform lifts and through floor lifts which will require a 50% deposit.
(a) The Company will endeavour to deliver Goods and/or services as arranged with the Purchaser and delivery dates are given as accurately as possible, but cannot be guaranteed. The Purchaser shall not be entitled to cancel the order or to claim damages if the Company is not able to deliver on the arranged delivery date.
(b) Alterations to the order or instructions by the Purchaser may result in delay in delivery.
(c) The Company will endeavour to comply with reasonable requests by the Purchaser for the postponement of delivery or service, but shall be under no obligation to do so and may charge the Purchaser with reasonable charges for storage or time wastage.
(d) The Purchaser must ensure the provision of the Company of adequate access to the point at which the delivery or service is to take place and all other facilities and services necessary to enable the Company to deliver in accordance with the Purchaser’s requirements.
(e) The Purchaser will be required to sign to confirm that the Goods are received in good condition and where appropriate as service satisfaction note will need to be signed.
10 NON-DELIVERY AND RETURNS
(a) Liability for non-delivery of Goods will not be accepted by the Company unless it is notified in writing as soon as possible.
(b) The Purchaser shall inspect the Goods immediately on delivery. Any shortages, breakages or defective Goods must be reported in writing to the Company as soon as reasonably possible.
(c) If the Company accepts the Purchaser’s claim under Section 10(b), it shall be bound to repair or replace the Goods or at its option to allow the Purchaser credit in respect of the Goods the subject of the claim. The company shall not be liable for any further claims for direct or indirect or consequential damage or loss and its sole obligation shall be the making of such repair or replacement or giving credit as foresaid.
(d) The obligations provided to be discharged hereunder by the company are undertaken and shall be accepted by the Purchaser in lieu of and to the exclusion of all conditions and warranties or implied statutory or otherwise relating to the contract for sale of the Goods provided that nothing in this condition shall exclude or restrict any liability of the Company for
(i) death or personal injury resulting from the negligence of the Company or its servants or agents.
(ii) the breach of its implied undertaking as to title.
(iii) (where the Purchaser deals as a consumer within the meaning of the Unfair Contract Term Act 1977) any liability of the company for breach of its implied undertaking as to the conformity of the Goods within the descriptions or sample or as to their quality or fitness for a particular purpose.
(e) If the value of the Goods is diminished by any amount as a result of handling of the Goods by the Purchaser beyond what is necessary to establish the nature, characteristics and functioning of the Goods, the Company may recover that amount from the Purchaser, up to the contract price. This amount may be deducted from the amount to be reimbursed to the Purchaser.
11 DIMENSIONS AND TECHNICAL DATA
(a) The Company reserves the right to alter or change the specification of the Goods supplied within reasonable limits without notice to the Purchaser subject to the manufacture’s changes and alteration to products.
(b) All figures, speed, measurements, capacities and other technical information and data contained in the manufacturer’s advertising, sales and technical literature are based on trials under test conditions and are provided for general guidance only.
(c) The company may warrant the exact specification of good supplied f so requested by the Purchaser, but to be valid such warranty must be agreed by the Company in advance of the order and recorded on the Order Form.
(a) This warranty does not affect the statutory rights of the Purchaser, but if the Purchaser wishes to have the benefit of the Company’s warranty conditions the Purchaser must comply with the provisions set out below.
(b) In the event of a defect in the Goods supplied becoming apparent within a period of twelve months from the date of purchase depending on the manufacturer’s terms of warranty, the manufacturers of the equipment shall establish the claim either itself or by an authorised dealer/repair agent and will effect any necessary repair or replacement of parts free of charge on the condition that the Purchaser complies with the following provisions of this warranty.
(c) The arrangements for repairs and service will be notified to the Purchaser by the Company and will be confirmed at any time on request. No alteration or unauthorised repairs shall be made to goods prior to inspection by the designated repairer.
(d) If the Purchaser is operating the Goods away from the locality of the Company, the Purchaser must contact the Company to obtain the name and address of another repairer authorised by the Company.
(e) Items of a consumable nature will not normally be covered during the twelve months warranty period unless such items have suffered undue wear as a direct result of an original manufacturing defect. These items include amongst other lubricants, motor brushes, upholstery, tyres, inner tubes, brakes, batteries and similar parts.
(f) Under normal circumstances, no responsibility will be accepted where the Goods have required a repair or replacement as a direct result of:
(i) The Goods or parts not having been maintained in accordance with the manufacturer’s recommendations, where such exist, and using only the specified original equipment parts.
(ii) The Goods or parts having been damaged by neglect, accident or improper use.
(iii) The Goods or parts having been altered from the manufacturer’s specifications, or repair having been attempted prior to the designated repaired being notified.
(iv) Fair wear and tear.
13 PROPERTY AND RISK
(a) Until the Company has been paid in full, the Goods shall remain the sole and absolute property of the company as legal and equitable owner.
(b) In the event that delivery of the Goods shall be made to the Purchaser prior to the passing of title, the Purchaser shall be in possession of the Goods solely as bailee for the Company until such time as the full price thereof if paid to the Company.
(c) Notwithstanding that title to the goods shall remain with the Company, the Goods shall be at the risk of the Purchaser as soon as they are delivered by the Company to the premises or otherwise to the order of the Purchaser. The Purchaser will insure to their full value any Goods where the risk but not the title has passed to it and indemnity the Company for the loss, damage to or destruction of any such Goods. Any insurance monies payable in respect of such Goods shall be held in trust for the Company.
(d) Until title has passed, the Purchaser shall be bound at the request of the Company to deliver up the Goods to the Company for such purpose the Company may at any time (and whether or not the purchaser shall be in default in making payment under the Contract) in its absolute discretion recover from the Purchaser those Goods being in the Purchasers possession and for the purpose of such recovery the Company’s servants and agents may enter upon land or dwellings upon or in which the Goods are situated.
(e) The Company agrees to permit the Purchaser to dispose of the Goods in the course of its business as agent of the Company and to pass good title to the Goods to its customer, being a bona fide purchaser for value without notice to the Company’s rights, provided that such permission may be revoked at any time by notice by the Company and shall automatically and without notice be revoked upon the Purchaser an act of bankruptcy or upon the commencement of liquidation proceedings, compulsory or voluntary liquidation of the Purchaser or the appointment of a receiver over any part of the Purchaser’s assets. In the event of such disposal, the Purchaser shall account to the Company for the proceedings as fiduciary owner thereof and pending its so doing, shall be bound to retain such proceeds on trust for the Company, notwithstanding that the period of credit allowed to the Purchaser hereunder may not then have expired and the Company shall have the right to trace the proceeds thereof but the Purchaser may retain there from any excess proceeds over the amount outstanding under this contract.
(f) (i) Without prejudice to the provisions of sub-clause (a) above, the Company consents to the use of the Goods by the Purchaser in the assembly of some other goods incorporating the Goods (“the Assembled Goods”) notwithstanding that title in the Goods shall not have passed to the Purchaser provided such assembly does not result in the Goods being changed by any manufacturing process and the Goods may be recovered by disassembly of the Assembled Goods.
(ii) In the event of the Goods becoming incorporated in Assembled Goods the provisions contained in sub-clause (d), (e) and (f) of this clause shall apply to the storage, the retaking and the sale and proceeds of sale of the assembled goods but so that the Company’s rights shall not in any event be extended beyond the ownership of the Goods forming part of the Assembled Goods and the right to retake the Goods (without liability for any loss to the Purchaser resulting from the disassembly of the Assembled Goods) and to so of the proceeds of the sale of thereof as is attributed to the Goods.
(g) If the purchaser has not received payment for a disposal under (f) above then the Purchaser shall upon notice in writing by the Company assign to the Company all its rights against its customer in respect of disposal.
(h) In the event that the Company exercises its right of ownership so as to recover possession of the Goods or any of them the risk in the Goods retaken shall revert to the Company on possession being taken by the Company, its servants or agents, and the Company shall have full and unencumbered right to dispose of the Goods, free of any rights whatsoever on the part of the Purchaser to the Goods or the proceeds of the sale thereof.
The Company shall have a general lien against the Purchaser of any goods of the Purchaser for the time being in possession of the Company for the amounts overdue under the contract. If any lien is not satisfied within three months of any payment aforesaid becoming overdue, the Company may sell such goods as the agent for the Purchaser and apply the proceeds towards the monies due and the expense of the sale and shall upon accounting to the Purchaser for the balance remaining (if any) the discharge from all liability whatsoever in respect of such goods.
15 FORCE MAJURE
The Company shall not be under any liability to the Purchaser in respect of any failure to perform or delay in performing any of its contractual obligations to the Purchaser attributable to any cause of whatsoever nature beyond the Company’s reasonable control and no such failure or delay shall be deemed for any purpose of the Conditions to constitute a breach of contract.
16 HEALTH & SAFETY
(a) The Goods are sold on the basis that in accepting them the Purchaser undertakes to the Company as follows:
“We undertake to make available to those persons who will use these products all information concerning the products which we shall receive from the retailer or manufacturer and we further undertake to take measure to ensure that such information is utilised to ensure so far as is reasonable practical that the products will be safe and without risk to health when used properly.”
(b) No responsibility is accepted for the transportation of products in any form of transport either with the user or without, for any injury which may result from a road traffic accident or similar event, whilst transporting any vehicle purchased from Simply Stairlifts.
(c) Whilst we do not guarantee that your vehicle has been crash tested to all of the recognised standards within the UK and overseas, we do make every attempt to confirm its general fitness for purpose. Clamping and restraining methods for the vehicle and user are entirely the responsibility of the user, recognised carer or driver of the vehicle of his employee.
Without prejudice to any rights of the Company, the Company may terminate the contract governed by these conditions if:
(a) The Purchaser shall fail to take delivery of the Goods when required to do so, or shall after due warning commit or continue any serious breach of its obligations under any contract with the Company or,
(b) Any distress execution or other legal process is levied upon any of the Purchaser’s assets or,
(c) The Purchaser shall stop payment, make any arrangement or compensation with its creditors, commit any act of bankruptcy or (being a corporation) shall enter in liquidation or have a winding-up petition presented against it or call a meeting of it’s creditors or suffer the appointment of a receiver in respect of any part o its undertaking or assets.
18 LEGAL CONSTRUCTION
Every contract to which these Conditions apply shall be construed and take effect in accordance with the laws of England and Wales and the parties shall accept the exclusive jurisdiction of the English and Welsh courts.
Our after sales care program for used and new stairlifts has the same level of cover and response times as our stairlift maintenance contracts, a copy of the terms and conditions are below:
Stairlift Maintenance Contracts
1) Simply Stairifts undertakes to thoroughly inspect, lubricate and adjust the stairlift equipment in normal working hours (Mon. – Fri 8.30am – 5.00pm) to initiate the contract. Any defective parts found during the initial inspection must be repaired or replaced at your expense before the contract commences. If you do not wish to go ahead with the repairs you will be liable to pay for the inspection at the current rate.
Simply Stairlifts reserves the right to refuse to enter into a maintenance contract for equipment they feel they cannot adequately support.
2) Breakdowns are prioritised and will be attended whenever possible within 24 hours. (Sundays & Bank Holidays Excluded)
3) The contract shall commence upon the date that payment is received and the initial inspection has been confirmed as satisfactory.
4) Under the contract, where any attendance is necessary additional to the annual service visit, call out, parts and labour are included, unless the repair falls into the categories listed in point 5.
5) Simply Stairlifts is not liable for repairs to the equipment arising from the following, full price call out charge at current rate applies (except where indicated): -
- Neglect by the owner or any third party.
- Consumables such as batteries, but 50 % discount on the call out charge will apply.
- Costs arising from not following manufacturer’s instructions.
- Costs if no fault is found with your equipment.
6) Simply Stairlifts will always repair your equipment unless the spare parts needed are no longer available or the stairlift is beyond economical repair. If this is the case we will replace the stairlift carriage with a replacement carriage of a similar age and the maintenance contract will continue.
7) This Contract is for the benefit of you and anyone else we have agreed with you and is only to be transferred between husband and wife. It is not transferable to a new owner of the equipment or to a new property unless agreed in writing by ourselves.
8) Maintenance contracts are only refundable within 14 days of payment. Not at any other point in time. Any refund will be minus the cost of the service, which will be charged at the current rate.
9) The contract will not be valid if any information you give to us is false or subsequently found to be incorrect.
STAIRLIFT RENTAL - TERMS & CONDITIONS
The following terms and conditions apply to rental stairlifts supplied by Simply Stairlifts.
1 Installation of the stairlift is subject to a survey and user assessment.
2 Simply Stairlifts will not be held responsible for any issues caused by the stairlift user or their representative failing to supply true and accurate information during the survey and user assessment.
3 An accurate quotation can only be supplied once a survey has been completed.
4 The minimum initial rental period is 3 months plus there is an installation and removal charge. No refund will be issued if the stairlift is removed during this period.
5 The monthly rental cost and the installation and removal cost will be clearly stated on the order form.
6 The monthly rental cost will be held for a period of 12 months from the date of installation. After this period, at the discretion of Simply Stairlifts this cost may be increased at the current rate of inflation or increased to reflect changes in material, labour or operating costs.
7 Servicing, maintenance and repairs are included during the rental period with the following exceptions:
- Neglect by the owner or any third party.
- Costs arising from not following our or the manufacturer’s instructions.
- Costs if no fault is found with your equipment when we call out.
8 Where the fault is caused by the exclusions above, call out and labour charges will apply at Simply Stairlifts current rate.
9 By signing the Order Form, the buyer accepts these terms and conditions, which apply in addition to Simply Stairlifts standard Terms and Conditions, as supplied on the reverse of the order form (large print copy available on request).