Absolute Mobility Terms and Conditions
TERMS AND CONDITIONS OF BUSINESS FOR THE SUPPLY OF SERVICES (“Terms”)
• The definitions in this clause apply to these Terms:“Additional Works” shall mean any works and services which are additional to that stated in the Order
• Force Majeure Event: shall have the meaning given in clause 9.
• Order: your order for the Services.
• Order Confirmation: shall have the meaning set out in clause 2.5(a).
• Services: the services that we are providing to you as set out in the Order.Terms: the terms and conditions set out in this document.
• We/us: Absolute Mobility Limited of Unit 3 Fairview Works Newton Road Henley on Thames RG9 1HG.
• Writing or written: includes faxes and e-mail.
• You: The customer named on the Order.
1.1 Headings do not affect the interpretation of these Terms.
2. BASIS OF SALE
(a) We consider these Terms, the Order and the Order Confirmation to set out the whole agreement between you and us for the supply of the Services. These Terms only apply to our contracts with consumers.
(b) Please check that the details in these Terms and on the Order are complete and accurate before you commit yourself to the contract. If you think that there is a mistake, please make sure that you ask us to confirm any changes in writing, as we only accept responsibility for statements and representations made in writing by our authorised employees and agents.
(c) Please ensure that you read and understand these Terms before you sign the Order, because you will be bound by the Terms once a contract comes into existence between us, in accordance with clause 2.5.
2.2 Any samples, drawings, descriptions or advertising we issue, and any descriptions or illustrations contained in our catalogues or brochures, are issued or published solely to provide you with an approximate idea of the Services they describe. They do not form part of the contract between you and us or any other contract between you and us for the supply of the Services.
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 with us, 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 (“the Order Confirmation”); or
(b) we notify you that we are able to provide the Services,
whichever is the earlier, at which point a contract shall come into existence between us.
2.6 Any quotation for the Services is given on the basis that a binding contract shall only come into existence in accordance with clause 2.5 A quotation from us shall be valid for a period of 30 calendar days from its date of issue (and thereafter at our discretion), 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. Please quote the order number in all subsequent correspondence with us relating to the Order.
2.8 You may within fourteen calendar days (“the Cooling off Period”) of placing an Order cancel an Order by providing us with written notice as set out in Appendix 1 to these terms. If you cancel an Order, any deposit paid by you and held by us will be refundable.
2.9 Should you cancel an Order outside the period set out in clause 2.8 we may retain any deposit paid by you and you will be liable for our reasonable expenses incurred up to and including the date you notified us of cancellation. (“the Cancellation Fee”).
2.10 Should you cancel an Order after the date of installation of any parts and goods relating to the Services but before completion of the services pursuant to the Order then you will be liable to pay the Cancellation Fee set out in clause 2.9 plus costs for any additional labour, materials accessories incurred by us. (Such fee not to exceed the total price payable pursuant to the Order Confirmation).
2.11 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 Services 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. If the Services are ongoing, we will give you prior notice of any changes to these Terms and you can choose to cancel the Order without penalty before the new Terms affect you.
2.12 If prior to installation, or during installation, Additional Works are required by you or us to complete the installation, you shall pay the costs necessary for such works.
3. QUALITY OF SERVICES
3.1 Unless we are prevented from doing so by a Force Majeure Event, we will provide Services which are fit for any purpose we say the Services are fit for
3.2 All materials, equipment and labour used in connection with the Services are covered by a 12 month warranty following installation. Labour and material required to repair or replace such defective components or make adjustments will be free of charge for a period of 12 months following the completion of the original installation. All materials and equipment will be repaired or replaced at our option with a new or functional operative part. If we attend a fault you report during the 12 month warranty period following installation, and it is not caused by our labour or our materials and equipment, a call out fee will apply, which you will be responsible for. After 12 months, we will attend a reported fault at our discretion and a callout fee will be applied, which you will be responsible for. Your remedies hereunder and under any implied warranties, including the implied warranties or merchantability and fitness, are expressly limited to repair or replacement as stated in this clause 3.2
3.3 This warranty is in addition to your legal rights in relation to Services which are not carried out with reasonable skill and care 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.
3.4 These Terms apply to any replacement Services we supply to you in the unlikely event that the original Services do not conform with these Terms.
3.5 You must provide us, in sufficient time, with any information and instructions relating to the Services that is or are necessary to enable us to provide the Services in accordance with these Terms.
3.6 If you do not, or you provide us with incomplete, incorrect or inaccurate information or instructions, we may cancel the Order by giving you written notice, or we may make an additional charge of a reasonable sum to cover any extra work that is required.
3.7 We will not be liable for any loss or damage as a result of incomplete, incorrect or inaccurate information which you provide concerning the provision of the Services.
4. PROVISION OF SERVICES
4.1 We will supply the Services to you from the date set out in the Order Confirmation.
4.2 We will make every effort to complete the Services on time but there may be delays due to circumstances beyond our control. In this case we will complete the Services as soon as reasonably possible.
4.3 We may have to suspend the Services if we have to deal with technical problems, or to make improvements to the Service. We will let you know in advance where this occurs, unless the problem is urgent or an emergency.
4.4 You shall give our representative access in order to deliver and or install the goods the subject of an Order and shall ensure a supply of water, gas, electricity and drainage at the premises to be fitted out at your cost to enable the installation of the goods the subject of an Order where and when it is necessary.
4.5 If prior to or during installation we find the supply of water, gas, electricity and drainage at the premises to be fitted out to be inadequate for installation or installation in accordance with the Order Confirmation is not possible due to a structural reason then you shall pay the costs necessary for making such services compliant with the Order Confirmation (such costs having been advised to you by us).
4.6 Bath installations shall be connected to the already existing services unless the new goods have been altered and indicated on the order.
4.7 You shall be responsible for any planning permissions or other requisite consents for the Services the suitability, condition and structure of the premises at which the goods comprising the Order are to be installed in order for us to carry out our contractual obligations and we shall not be liable in respect of the aforesaid.
4.8 Where we find the installation to be impractical owing to structural or technical difficulties caused by the premises, we shall be able to terminate the contract and submit written reasons to you upon your request. Where the contract is terminated on these grounds, we shall refund any deposit monies held by us from you but shall be permitted to deduct our reasonable expenses incurred up to and including the termination point.
4.9 We shall not be responsible for the delay during installation as a result of the detection of structural damage (including but not limited to the detection and removal of asbestos) or the late detection of such damage. You shall bear the cost of rectifying such damage.
4.10 When purchasing without a survey by us, you assume responsibility for ensuring the goods and services supplied to an Order are suitable for your requirements and we shall not be liable in respect of any loss or damage in this respect.
5.1 As soon as possible after the completion of works, please carry out an inspection to ensure everything has been carried out based on these terms and the high standards we aim to achieve. In the unlikely event there is anything you are not completely satisfied with, please contact the business as soon so the problems can be rectified in a manner agreeable to both of us.
5.2 Our procedure: either call, email or write to us. We aim to respond within 5 days of receiving your complaint and where possible, will provide you with a date to remedy any issues raised. Where we are unable to resolve your complaint using the business complaints procedure, as a Which? Trusted Trader we use the Dispute Resolution Ombudsman for dispute resolution. In the unlikely event that we cannot remedy your complaint to your satisfaction you may wish to refer your complaint to them. If you wish to do so please contact Which? Trusted traders in the first instance on 0292 267 0040. If sending your complaint using traditional mail. please request proof of postage.
5.2 These Terms will apply to any replacement Services we supply to you.
6. INTELLECTUAL PROPERTY RIGHTS
6.1 The copyright, design right and all other intellectual property rights in any materials and other documents or items that we prepare or produce for you in connection with the Services will belong to us absolutely.
6.2 You may not use the materials, documents or other items detailed in clause 6.1 for any commercial purpose.
7. PRICE AND PAYMENT
7.1 The price of the Services will be as set out in the quotation we provided to you or, if we have not provided a quotation, in our 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 Where applicable 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 Services in full before the change in the rate of VAT takes effect.
7.3 Initial payment for the price of the Services shall be made by you to us by way of a deposit. The remainder of the price of the Services shall be payable immediately upon completion. We may invoice you for the Services at any time after we have provided the Services to you. The invoice will quote the Order number.
7.4 If you do not make any payment due to us by the due date for payment (as set out in clause 7.5), we may charge interest to you on the overdue amount at the rate of 3% % 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.
7.5 Without limiting any other remedies or rights that we may have, if you do not pay us on time, we may cancel or suspend our performance of the Services or any other outstanding order which you may have placed with us until you have paid the outstanding amounts.
7.6 clause 7.4 and clause 7.5 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.
7.7 We strongly recommend that you pay your deposit by credit card due to the additional protection that this gives you. If you choose not to do so this would be at your own risk
8. LIMITATION OF LIABILITY
8.1 Subject to 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 we or you could reasonably foresee would result from the failure to comply with these Terms.
8.2 Neither of us shall be responsible for losses that result from our failure to comply with these Terms including, but not limited to, losses that fall into the following categories:
(a) loss of income or revenue;
(b) loss of business;
(c) loss of anticipated savings; or
(d) loss of data.
However, this clause 8.2 shall not prevent claims for foreseeable loss of, or damage to, your physical property.
8.3 This clause does not include or limit in any way our liability for:
(a) death or personal injury caused by our negligence; or
(b) fraud or fraudulent misrepresentation; or
(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; or
(d) losses for which it is prohibited by section 7 of the Consumer Protection Act 1987 to limit liability; 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; or
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; or
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; or
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; or
(e) Impossibility of the use of public or private telecommunications networks.
9.3 Our obligations under these Terms are suspended for the period that the Force Majeure Event continues, and we will extend the 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.
10.1 Cancellation of any Order pursuant to this Agreement will not affect either party's outstanding rights or duties, including our right to recover from you any money you owe us under these Terms
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.
All notices sent by you to us must be sent to Absolute Mobility Limited 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.
13. DATA PROTECTION
13.1 We will only use the personal information you provide to us to provide the Services, or to inform you about similar services which we provide, unless you tell us that you do not want to receive this information.
13.2 You acknowledge and agree that we may pass your details to credit reference agencies.
14.1 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.
14.2 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.
14.3 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.
14.4 These Terms shall be governed by English law and you and we both agree to the non-exclusive jurisdiction of the English courts. We do not accept orders from addresses outside the UK and Channel Islands.
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, either by electronic mail or post. The notice of cancellation is deemed to be served as soon as it is posted or in the case of an electronic communication from the day it is sent. Please provide all of the following details.
Customer Cancellation Notice Contract reference:
Name of customer:
Address of customer:
I/We hereby give notice that I/We wish to cancel my/our contract dated:
Customer signature: Date:
This notice should be sent to: Absolute Mobility, Unit 3 Fairview Works, Newtown Road, Henley on Thames, Oxon RG9 1HG or via email to: [email protected]