SOUTHERN MOBILITY CENTRES LTD TERMS AND CONDITIONS OF SALE
In these Conditions-
"Customer" means the person who accepts the quotation of the Company for the sale of the goods or the provision of Services, or who places any order with the Company.
“Company” means Southern Mobility Centres Ltd, registered in Eastbourne.
"Goods" means the goods (including any installation of the Goods or any parts for them) which the Company is to supply in accordance with these Conditions.
"Services" means the services or work agreed to be undertaken by the Company for the Customer.
Basis of Sale: Any order sent to the Company by the Customer for the sale and supply of the Goods shall be accepted entirely at the discretion of the Company, and, if accepted, these terms and conditions shall govern the contract between the Company and the Customer, to the exclusion of any other terms, subject to which any order is purported to be sent or confirmed by the Customer. No addition, alteration or substitution of these terms will bind the Company unless they are expressly accepted in writing by a person authorised to sign on the Company’s behalf. Any typographical, clerical or other error or omission in any sales literature, price list, quotation, acceptance of offer, invoice or other document or information issued by the Company shall be subject to correction without any liability on the Company.
Accuracy of Information: The Customer shall be responsible to the Company for ensuring the accuracy of information given to the Company with any order (including all specifications and up to date drawings where applicable) and for giving the Company any necessary information in relation to the Goods or Services within a sufficient time to enable the Company to perform the contract in accordance with its terms. If, as a result of incorrect information provided by the Customer or his Agent or Representative to the Company or any of its employees, Goods are supplied incorrectly or Goods are installed in the wrong position, then the Customer shall be liable for all costs incurred by the Company in rectifying the situation if such a situation can be rectified. If the situation cannot be rectified, then the Company cannot be held responsible for the error, and any monies payable for such work must still be paid.
Deposits: A deposit of no less than 10% on standard goods, and no less than 50% on specially made to measure or adapted goods is payable with order. This deposit is only refundable in exceptional circumstances and at the discretion of the Directors of the Company, should the Customer cancel the order.
Cancellation: In the case of made to measure goods, cancellation can only be accepted if the goods have not been manufactured, and even in such a case, the deposit or part thereof may not be refundable, such refund being at the Directors’ discretion and depending upon negotiations between the Company and the Manufacturer of the Goods. If the goods have been manufactured and/or delivered to the Company ready for installation/delivery, then such goods must be accepted and paid for in full by the Customer.
Abortive Calls: Following an arranged appointment, if for any reason not of the Company’s making, the Company is unable to undertake the agreed work, services, installation or delivery of Goods, the Company reserves the right to charge an aborted call charge, as follows:
Maintenance or delivery call: £15.00
Installation Call – one engineer: £100.00
Installation Call - two engineers: £200.00
Provision of Goods and/or Services: The Company shall be entitled at any time to cancel any contract for the Goods or the installation of the Goods or at its option to increase the price, if in its absolute discretion, it shall consider the performance of the contract to be more expensive or not to be feasible or that any item to be installed could not be safely used.
Change in Design/Specification: The Company reserves the right in respect of any Contract to modify any design or specification or to use materials different to those specified in the contract, provided this does not significantly affect the essence or use of the Goods.
Manufacturers’ changes in design/specification: The Company cannot be held liable for any changes or alteration in design or specification by the Manufacturer of the Goods, which were beyond the Company’s control.
The cost of the Goods and/or the Services is subject to VAT at the current rate unless the Customer is able to complete a VAT exemption form at the time of the relevant sale or service, both having a disability which falls within the VAT regulations , and having purchased a product or service which may be considered VAT exempt. Individual (annex A) and charity forms (annex B) will be supplied by the Company upon request.
Payment: Goods must be paid for in full either on delivery or prior to dispatch. Account customers must settle within 28 days. Where discount has been given, the Company reserves the right to reclaim this discount should the aforementioned terms be exceeded. Interest will be charged on all sums overdue at the rate of 3% above Bank of England base rate, to be calculated from day to day to run both before and after any judgment. The time for payment of the price shall be of the essence. All goods remain the property of the Company until paid for in full. In the event of non payment for the goods, the Company reserve the right to take back the goods in full. Should goods have been installed into premises, the Company will, upon giving sufficient notice to the Customer, have the right to enter the premises and un-install the goods, leaving the premises in a safe and tidy condition, but not necessarily making good any holes or fixing points. Notwithstanding that the goods will be removed from the premises, the Customer will still be liable to pay for all the initial installation charges incurred and included in the original Sales Invoice, together with all un-installation charges incurred, and any depreciation on the goods including profit, that will also have occurred.
Delivery: Any dates quoted for delivery of the goods are approximate only and time for delivery of the goods shall not be of the essence of the contract unless previously agreed by the Company in writing. Furthermore, the Company shall not be liable to the Customer or deemed to be in breach of the contract by reason of any delay in performing, or any failure to perform any of the Company’s obligations in relation to the Goods and/or the Services if the delay or failure was due to any cause beyond the Company's reasonable control.
Passing of Risk: Risk of damage to or loss of the Goods shall pass to the Customer on delivery, but notwithstanding delivery and the passing of risk in the Goods, the property in the Goods shall not pass to the Customer until the Company has received payment in full in cleared funds. Until such time as property in the Goods passes to the Customer, the Company shall be entitled at any time to require the Customer to deliver up the Goods to the Company and, if the Customer fails to do so forthwith, to enter upon any premises of the Customers or any third party where the Goods are stored and repossess the Goods.
Rejection of defective Goods: If you claim there is a defect in the quality or condition of the Goods or any part thereof, or that they fail to correspond with their description or sample, you must notify the Company in writing within 14 days of the delivery of the goods or of their installation by the Company (whichever is the latter). If you fail to do so, you will not be entitled to reject the Goods and the Company shall have no liability for such defect or failure and you shall be bound to pay the full price of the Goods. Where any valid claim is made by you in accordance with this clause, the Company shall be entitled, at its option to either (a) refund to you the price of the goods (or a proportionate part of the price) and any related transport costs paid by you (b) replace the Goods as soon as reasonably practical and redeliver the Goods to you or (c) rectify the defect or failure as soon as reasonably practical and redeliver the Goods to you. The Company shall have no further liability to you.
Goods under warranty: Standard Manufacturer’s one year warranty applies to most goods. Further warranties can be applicable to certain goods, and quoted for before order. The Company will endeavour to rectify goods under warranty within a reasonable period of time, provided that the Goods have been paid for in full. The Company’s standard warranty period for servicing or work carried out is 3 months. Any warranty will cease to be valid if the goods are tampered or interfered with by any persons other than the Company’s employed staff. Warranty does not apply to goods accidentally or deliberately damaged or misused.
Receipt of Goods: Upon receipt of Goods by the Customer, the Customer may be asked to sign to acknowledge receipt of the Goods and to accept that upon a brief examination of the equipment and/or Goods, the same appear to be satisfactory. Any queries which the Customer has should be raised at the time of delivery.
Force Majeure: Should the manufacture or delivery/installation of the Goods or any part thereof whether by the Company, or any Contractor or Carrier be prevented or hindered directly without prejudice to the Company’s cause beyond the reasonable control of the Company, the Company shall have the right to suspend or cancel any obligation then unperformed, without prejudice to the Company’s right to payment in respect of any Goods or services rendered or installed prior to such suspension or cancellation, and without payment to you of any compensation for any direct or consequential loss that you may suffer.
If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provision of these Conditions and the remainder of the provision in question shall not be affected.
Law: These Conditions and any contract with the Customer shall be governed by the laws of England.
Dated: March 2007