STANDARD TERMS AND CONDITIONS FOR SUPPLY OF GOODS & SERVICES
AHM INSTALLATIONS (SOUTH) LTD & ASSISTED HEALTH & MOBILITY LTD
In this document the following words shall have the following meanings:
1.1 “Consumer” shall have the meaning in section 12 of the Unfair Contract Terms Act 1977;
1.2 “Customer” means any person who purchases Goods and Services from the Supplier;
1.3 “Goods” means the articles specified in the Proposal;
1.4 “Proposal” means a statement of work, quotation or other similar document describing the Goods and Services to be provided by the Supplier;
1.5 “Services” means the services specified in the Proposal;
1.6 “Supplier” means AHM Installations operating from the following administration locations ;
- Cromwell Lodge Ferry Lane North Muskham Newark Nottinghamshire NG23 6HB
- AHM, c/o Downtown/Oldrids, Tritton Road. Lincoln LN^7TN
(ii) AHM, Unit 4, The Workshops. Olde Great North Road. Sutton On Trent. NG23 6QS
- AHM, Units 4/5. Space Business Centre. Knight Road. Rochester. Kent. ME2 2BF
1.7 “Terms and Conditions” means the terms and conditions of supply set out in this document and any special terms and conditions agreed in writing by the Supplier.
2.1 These Terms and Conditions shall apply to all contracts for the supply of Goods and Services by the Supplier to the Customer and shall prevail over any other documentation or communication from the Customer.
2.2 Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by the Supplier.
2.3 Nothing in these Terms and Conditions shall prejudice any condition or warranty, express or implied, or any legal remedy to which the Supplier may be entitled in relation to the Goods and Services, by virtue of any statute, law or regulation.
2.4 Nothing in these Terms and Conditions shall affect the Customer’s statutory rights as a Consumer.
2.5. These Terms and Conditions incorporate the Design and Installation Criteria and Warranty Forms which have been supplied to the Customer.
3 THE ORDER
3.1 All Orders for Goods and Services shall be deemed to be in acceptance of the Proposal pursuant to these Terms and Conditions.
4 PRICE AND PAYMENT
4.1 The price for the Goods and Services is as specified in the Proposal and is inclusive of VAT and any applicable charges outlined in the Proposal.
4.2 Payment of the price shall be in the manner specified below.
4.3 All Goods which are in stock shall be paid for in full at the time of purchase along with any associated Services.
4.4 For all items not held in stock and therefore resulting in a special order to a supplier/manufacturer, a deposit of up to 20% of the total purchase value must be paid at the time of order. The remaining balance to be paid upon receipt of goods by the Supplier and before delivery can be made.
4.5 If the Customer fails to make any balancing payment within 7 days of being notified by the Supplier that the goods are in stock the Supplier shall be entitled to charge interest at the current rate of [INTEREST] per month on the outstanding amounts.
4.5. Payment in store can be made using selected credit/debit cards. Details of cards accepted as payment are available in store. Payment by credit/debit card may result in authorization for the transaction being obtained from other companies or financial organizations.
5.1. The Supplier is able to offer a delivery service, the cost of which will be determined by (1) geographical location (2) weight of delivery or (3) specific customer requests. The Supplier cannot be held responsible for delays in the supply from a manufacturer/supplier. Whilst every effort will be made to deliver on the agreed day, the Supplier cannot be held responsible for matters over which they have no direct control, i.e. transport delays, adverse weather conditions, industrial disputes etc. Upon receipt of goods, the Supplier will contact you to arrange a suitable date for delivery. Every effort will be made to offer a suitable delivery date, however matters in relation to geographical location and the other restrictions, may mean the preferred date for delivery cannot be guaranteed. When placing the order, the Customer will be advised of a likely delivery date. Unfortunately it is not possible to offer a guaranteed time for your delivery.
5.2 The date of delivery specified by the Supplier is an estimate only. Time for delivery shall not be of the essence of the contract and the Supplier shall not be liable for any loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods or Services.
5.3 All risk in the Goods shall pass to the Customer upon delivery.
5.4 Upon receiving delivery the Customer should inspect and notify the Supplier of any problems as soon as reasonably possible after delivery. In addition the Customer will be required to acknowledge receipt with a signature. Wherever possible, the Supplier will position goods to meet requirements and dispose of all packaging/protective materials.
5.5 Liability for any damage to the Goods or Customer’s property during delivery will be restricted to the replacement of these Goods and/or the cost of repair to property. No liability can be accepted for damage resulting from negligence on the part of the Customer.
Title in the Goods shall not pass to the Customer until the Supplier has been paid in full for Goods and any other Goods ordered by the Customer from the Supplier.
7 CUSTOMER’S OBLIGATIONS
To enable the Supplier to perform its obligations the Customer shall:
7.1 Co-operate with the Supplier;
7.2 Provide the Supplier with any information reasonably required by the Supplier;
7.3 Obtain all necessary permissions, licenses and consents which may be required before the commencement of the services, the cost of which shall be the sole responsibility of the Customer; and
7.4 Comply with such other requirements as may be set out in the Proposal or otherwise agreed between the parties.
8 SUPPLIER’S OBLIGATIONS
8.1 The Supplier warrants that the Goods will at the time of delivery correspond to the description given by the Supplier.
8.2 The Supplier shall perform the Services with reasonable skill and care and to a reasonable standard in accordance with recognised standards and codes of practice.
8.3 The Supplier accepts all responsibility for the condition of tools and equipment used in the performance of the Services and shall ensure that any materials supplied shall be free of defects.
8.4 Upon completion of the order and/or upon receipt of the Goods, the Customer should ensure that all documentation relating to the purchase/delivery is retained for future reference. In addition to statutory rights, all Goods sold and Services supplied by the Supplier carry a supplier/manufacturer guarantee. The conditions of such guarantees are supplied with the Goods. If the Goods develop a fault during the period of the supplier/manufacturer guarantee, the Customer should follow the instructions outlined in any supplier/manufacturer paperwork.
9 CANCELLATIONS AND REFUNDS
9.1.1. If the Goods are bespoke and have been made according to the Customer’s particular requirements or if the Supplier has otherwise incurred costs in connection with the order the Supplier shall be entitled to deduct from any refund of deposit the reasonable net costs incurred by the Supplier in complying with the contract or the net loss of profit resulting directly from the cancellation whichever shall be the greater. If the deposit paid is not enough to cover the costs incurred the Customer must pay to the Supplier the difference within 7 days of written request following notification of cancellation.
9.1.2. Upon cancellation as well as costs referred to in 9.1.1. the Customer will also pay an administration fee of [ ] which includes the surveyors fee.
9.2.1. Where the Goods are faulty or do not comply with the Proposal the Customer must notify the Supplier on delivery or within a reasonable time period thereafter and the Customer shall be entitled to replacement Goods or a full refund.
9.2.2. Refunds will be issued on all purchases that breach statutory rights. At the time of refund it may be necessary to withdraw any dividend Points previously issued at the time of sale. The Supplier does not operate an exchange policy or credit notes.
No refund can be issued against a sale item/second hand item or ex-display item due to visual or other defects that were made known at the time of sale and accepted by the Customer.
9.2.3. No refunds will be given if the Goods have been damaged by the Customer.
9.3. Any deposits relating to the purchase of bespoke materials of a non-standard size or specification relating to a disabled shower, mobility aid and/or building adaptation are non-refundable.
10 PRODUCT AMENDMENTS
10.1.. The Supplier will design and plan Mobility Product Installations and Bathroom/Showers and Building adaptations according to the written/verbal requirement for the Customer provided by the Customer. The Supplier has extensive experience in the installation of mobility products and building adaptations, and will provide a design/plan based on this knowledge. If the design/plan by the Supplier proves to be unsuitable to the Customer and is in accordance with the Customer’s written verbal requirement, then the Supplier will undertake to modify the design at the cost of the Customer.
10.2. Manufacturers/Suppliers from time to time amend product specifications. Wherever possible the Supplier will advise the Customer of such changes at the time of purchase, however the Supplier cannot be held responsible for minor changes in specification not notified by manufacture/supplier. All items are sold for disability use only and the Supplier cannot accept responsibility for matters arising from the misuse of products purchased for those purposes not specified at the time of purchase. Any substantial amendments will be notified to the Customer for approval.
11 CALL-OUT CHARGES & ADDITIONAL WORKS
The Supplier retains the right to charge a set fee for labour costs incurred for call-outs relating to issues which (on inspection) are not the responsibility of the Supplier or not covered on the product warranty.
12 LIMITATION OF LIABILITY
12.1 Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury, however the Supplier shall not be liable for any direct loss or damage suffered by the Customer howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the price for the Goods and Services.
12.2 The Supplier shall not be liable under any circumstances to the Customer or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the Customer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.
12.3 For the avoidance of doubt, time shall not be of the essence and the Supplier shall incur no liability to the Customer in respect of any failure to complete the Services by any agreed completion date.
13 FORCE MAJEURE
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
The Supplier will endeavour to install Mobility & Associated equipment as quickly as possible.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
16 GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English Courts.
AHM Installations – January 2012