Terms & Conditions

Terms & Conditions

What this page contains

Below are the terms on which we will supply and install the equipment you have ordered. Please read these terms carefully before you submit your order as it is important that you tell us if there are any terms which you will not agree to at the time you place your order.

Who your contract is with;

  1. Your contract will be with EMS Lifts Limited a company registered in England and Wales under Company No. 06427222. Our registered office is 6 Marquis Business Centre, Royston Road, Baldock, Hertfordshire, SG7 6XL. This is also our trading address. Our registered VAT No. is 632 3726 52 Where we use the words “we”, “us” or “our” in this document, this refers to that company.

How to contact us

  1. You can contact us by telephoning 0800 1971021 or by writing to us either at our trading address or to the following email: sales@emslifts.com If we have to contact you we will do so either by telephone or in writing at the email or postal address you provided to us in your order form.
  2. Where we refer to “writing” or “written” in these terms, this will include emails.

How and when the contract will be formed

  1. It is important to understand that there will be no contract between us until we accept your order. In other words, the fact that you have sent us your order form does not mean that we are obliged to supply and install the equipment.
  2. There may be occasions when we are unable to accept your order for various reasons and if that occurs, we will inform you of this in writing.

The Price

  1. The price for the supply and installation of the equipment (which includes VAT unless you are entitled to claim exemption) will be the price set out in our quotation. However, circumstances may arise where we may need to change that price. For example:-
    1. If the rate of VAT changes between the date we accept your order and the date we supply or install the equipment. If that occurs, then the VAT rate will be adjusted unless you have already paid for the product in full before the change in VAT rate takes effect.
    2. There may be occasions when there has been a mistake in the price set out in our quotation. If the correct price on the date we accept your order should have been lower then we will charge the lower amount. If the correct price on the date we accept your order is higher, we will contact you for confirmation that you still wish to proceed at the higher price before we accept your order. If we accept your order and commence the process of manufacturing the equipment where the pricing error was obvious and unmistakeable and could reasonably have been recognised by you as mis-pricing, we may end the contract and refund you any sums you have paid unless you agree to accept the higher price.
    3. Sometimes relevant codes, regulations, standards or rules that apply to the manufacture of the equipment change and those changes are only published after we have accepted your order. If those changes result in an increase in the cost to us in manufacturing or installing the equipment then we will inform you of the increased cost in writing. If you are prepared to accept the increase then the price for the supply and installation of the equipment will be revised accordingly. If you reject the increased cost, then we may end this contract and will refund any sums you have paid.
    4. You may be applicable for VAT exemption.
    5. You may be applicable for reduced rate VAT for supply only.
    6. All quotations and acceptances are subject to a final survey.

Payment

  1. Unless we have specified otherwise in the quotation, you must pay 70% of the price in the quotation at the time you place your order. If, for some reason we cannot accept your order, then the full 70% will be refunded.
  2. Once we have notified you that the equipment is ready to be installed in your home, you must pay the remaining 30% of the price.

Changes to the contract

  1. If you wish to make a change to the equipment you have ordered please contact us. We will let you know if the change is possible as well as any change to the price of the equipment and the timing of the installation arising from your requested change and ask you to confirm that you wish us to go ahead. We may decide not to accommodate those changes in which case we will proceed to supply and install the equipment in accordance with the original quote.
  2. We may change the equipment either to reflect changes in relevant laws and regulatory requirements or to implement minor technical adjustments and improvements which will not affect your use of the product. If the changes mean that we have to review the price/product then we will contact you as we have set out above.
  3. Images, drawings and technical information about the equipment contained in any of our catalogues, price list, brochures, showroom or our website are for illustrative purposes only. We cannot guarantee for instance that the colour of a particular piece of equipment will match exactly its colour as represented.

Delivery time

  1. The estimated time to deliver and install the equipment will be stated on your quotation. That delivery period will only start to run from the point at which you have approved the drawings and specifications. Those will be supplied after the contract is made. We will contact you to agree the precise installation date once the equipment is ready to install.
  2. If no one is available at your address when we call or you do not allow us access to your property to install the equipment we will attempt to rearrange the installation date. Unless the default was of our making, we may charge you for storage costs and any further delivery costs that we may incur as a result of the delay. If despite our reasonable efforts, we are unable to contact you or rearrange installation we may end the contract.
  3. If our supply of the equipment is delayed by an event outside our control then we will contact you as soon as possible to let you know. We will take steps to minimise the effect of any delay and provided we do this, we will not be liable for delay caused by those events. If the delay is likely to be substantial, you may contact us to end the contract and receive a refund for any products that you have paid for but have not received.

Responsibility for the equipment

The equipment will be your responsibility from the time it is delivered to your address. If, through no fault of ours, the equipment is damaged or destroyed after it has been delivered but before completing the installation then, if asked, we will endeavour to repair or replace it, having told you of the additional cost involved.

Our right to end the contract

We may end the contract at any time by writing to you if :-

  1. The Seller shall not be under any liability to the Buyer in respect of any failure to perform or delay in performing any of its contractual obligations to the Buyer attributable to any cause of whatsoever nature beyond the Seller’s reasonable control (including, without limitation, act of God, war, riot. fire, flood, strikes and lockouts. Government action or regulations (UK or otherwise), delay by suppliers, accidents and shortage of materials, labour or manufacturing facilities) and no such failure or delay shall be deemed for any purpose of these Conditions to constitute a breach of contract.
  2. Should the Seller be prevented from delivering Goods in circumstances referred to in clause (a.), it shall give the Buyer notice of this fact as soon as is reasonably practical after discovering it
  3. If delivery is prevented by circumstances referred to in clause (a.) for a period of 3 months after notice is given pursuant to clause (b.), either party may by written notice to the other cancel the contract. Upon such cancellation, the Seller will refund any payment which the Buyer has already made on account (subject to deduction of any amount the Seller is entitled to claim from the Buyer) but the Seller will not be liable to compensate the Buyer for any further loss or damage caused by failure to deliver.

Rental Agreement

Terms & Conditions of the Agreement for Rental Products/Services:-

  1. The client will sign a standing order for the amount of the monthly rental to be paid one month in advance and to commence after the initial period.
  2. The amount of any increase of the monthly rental will not exceed 5% in any one year.
  3. The stairlift will be installed, serviced and maintained by the owners at no expense to the client except where the lift has been accidentally damaged, mis-used or fails as a result of something not connected with the installation or equipment, such as a power cut.
  4. The client will not cause or allow any person other than the owners approved engineers to attempt to repair or otherwise tamper with the stairlift.
  5. Upon being informed by the client that the stairlift is not working the owner’s service engineer will call to repair the stairlift within a maximum of 24 hours, 7 days a week.
  6. The owners take no responsibility for any loss or damage caused by malfunction of the stairlift.
  7. The owners reserve the right to replace or repair any rented stairlift at their discretion. Where it is deemed necessary to replace a stairlift, the same or similar equipment will be installed.
  8. The owners or the client can terminate this agreement at any time after initial period of the agreement by giving one month’s written notice to the other party.
  9. The owners will carry out routine services on the stairlift at various times mutually convenient to themselves and the client.
  10. Following removal of the stairlift, the owners will leave the site safe but will not undertake any “making good” of any superficial damage caused to the client’s property by the stairlift installation.
  11. Any prices quoted in connection with the rental of the stairlift will not include VAT. All clients with a permanent disability can complete a VAT exempt declaration which will be provided by the owners.
  12. The stairlift will remain the property of the owners at all times.
  13. In the event that the stairlift remains out of order and cannot be repaired or replaced within a period of 72 hours a pro rata refund of the rental will be paid to the client.
  14. Upon termination of the rental agreement the client or any person acting on behalf of the client will allow the owner’s engineer access to the site to remove the stairlift within one week following the termination date of the agreement.
  15. The owners will consider the agreement terminated if at any time the client fails to tender the monthly rental at the agreed time. In this event the owners, at their discretion, will require the client to allow them to remove the stairlift.

Service Care Agreement

Terms & Conditions of the Agreement for Service Care Agreements:-

  1. The cost of this agreement must be paid in full to EMS Lifts Ltd on or before your expiry date and is not transferable or refundable in whole or in part, except as provided in point 9 below.
  2. Damage to the equipment caused by fire, flood, accidental or intentional misuse or abuse or any other occurrence outside the control of EMS will not be covered under the terms of any of the service care agreements.
  3. Under no circumstances will the provisions of this agreement exceed the warranty conditions given by the original equipment manufacturer.
  4. The engineers will carry out routine servicing of the equipment at a time or times mutually convenient to EMS and the client in accordance with the service plan selected.
  5. In the event of an equipment malfunction, the client should inform EMS who will attend in accordance with the terms of the service plan selected. In situations where the equipment fails to function, EMS will respond within 12 hours of receiving the call. Minor faults will be dealt with at a time mutually convenient to both parties.
  6. Clients whose service plans include out of hours or weekend breakdown response will be entitled to use the service in bona fide emergency situations. That is to say in situations where the equipment will not operate or is otherwise unable to carry out the function for which it was intended. Other, more minor faults will only be dealt with under the terms of the agreement, during normal working hours. Whereby EMS undertake to provide scheduled maintenance, emergency breakdown cover, and spare parts, in accordance with the published schedule of benefits for the level of service.
  7. Where appropriate, the engineers reserve the right to carry out a routine equipment service during a breakdown call out.
  8. Where, during the life of a service care agreement, a piece of equipment becomes obsolete insofar as the original equipment manufacturers can no longer supply spare parts, EMS reserve the right to fit reconditioned or reclaimed parts for as long as it is practical to do so.
  9. If, during the life of a service care agreement, it becomes impossible to continue to maintain the equipment due to engineering circumstances beyond the control of EMS. EMS reserve the right to terminate the agreement and refund any residual balance of the agreement, to be decided at the absolute discretion of EMS.
  10. EMS can take no responsibility for any loss or damage caused by a malfunction of the equipment.
  11. Prior to the expiry of a service care agreement, EMS will discuss with the client what options are available for ongoing service of the equipment. EMS reserve the right not to renew a service care plan where it is not in the best interests of the client or EMS to do so.
  12. The client will be under no obligation to renew a service care agreement, which has completed its term.
  13. All equipment accepted on a service care agreement will be at the sole discretion of EMS whose decision will be final.
  14. Unless a zero rate VAT declaration is completed, all agreements are subject to VAT.
  15. EMS reserves the right to use reconditioned parts as well as new parts in the fulfillment of any service under this agreement. All reconditioned parts will be equivalent in performance to new parts and will be covered by the terms of the service agreement.
  16. Customers may opt to provide their own spare parts for use in equipment servicing or repairs. In such cases, a fitting charge will be applied by EMS. It is important to note that while EMS engineers will endeavour to fit customer-supplied parts, EMS cannot guarantee the compatibility or the quality of these parts. The use of customer-supplied parts may also impact the terms of the service agreement, including warranty coverage. Customers are advised to discuss the implications of using their own parts with EMS before proceeding.
  17. Your statutory rights to cancel apply to this agreement. You have 14 days after accepting your order to cancel and receive a full refund subject to any cost incurred.

Your legal rights

  1. We are obliged to tell you that we are under a legal duty to supply equipment that is in conformity with this contract and nothing in these terms will affect your legal rights.

How we look after storage of papers and documents

After completing [your lift installation / lift service] we will have accumulated information, papers and documents; this is how we deal with them:

  • We are entitled to keep all your information, papers, documents and electronic copies while there is money owing to us for our charges and expenses.
  • We will retain all of your information, papers, documents and electronic copies during the continuance of your maintenance contract.
  • We will archive electronically or manually our file of papers (except for any of your papers that you ask to be returned to you) and keep them for six years. If we retrieve papers or documents from storage in relation to continuing or new instructions to act in connection with your affairs, we will not normally charge for such retrieval.

Personal Information

Under the Data Protection Act 1998, we are required to inform you that the services provided by EMS Ltd will inevitably involve our collecting and processing personal information about you and disclosing that information to employees, agents and other persons involved in the installation and / or servicing of your lift. From time to time, we may also write to you in connection with other services we provide and which we think may be of interest to you. We are under a duty to you to keep all information relating to your affairs completely confidential unless authorised by you to disclose information to someone else. However, we may sometimes have other duties and obligations which affect our obligations to you, for example we are obliged to disclose to the National Crime Agency any suspicions we may have regarding money laundering or terrorist activities and this will override our duty of confidentiality to you. The firm’s registrable particulars under section 16 of the Data Protection Act 1998 are as follows:

  1. EMS Lifts Limited: Registration Number Z1514935
  2. Data Controller is Richard Lilly
  3. Personal data processed may include personal details, family details, good and services, financial details, business details, education and employment details
  4. We process personal information to enable us to provide the appropriate services to you.
  5. The data may be shared with family, associates or representatives of the client, current, past or prospective employers, healthcare professionals, social and welfare organisations, business associates, trade associations, professional bodies, suppliers and service providers, regulatory authorities, complainants, financial organisations, debt collection and tracing agents, credit reference agencies, courts and tribunals
  6. It may sometimes be necessary to transfer personal information overseas. When this is needed, information is only shared within the European Economic Area (EEA) and will be in full compliance with all aspects of the Data Protection Act.

Other terms

  1. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
  2. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English Courts.
  3. Alternative Dispute Resolution is a process where any independent body considers the facts of a dispute and seeks to resolve it without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact an Alternative Dispute Resolution provider.
  4. You can submit a complaint to Which Trusted Trader via their website at www.trustedtraders.which.co.uk. They will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings.

Cancellation Rights

  1. As this contract involves both the supply of the stairlift itself and its installation, you have the right to cancel this contract up to the end of the 14th day after the day on which your stairlift is delivered and installed without giving any reason.
  2. To exercise the right to cancel, you must inform us of your decision to cancel this contract by clear statement (e.g. a letter sent by post, fax or e-mail). The details of to whom your decision should be sent are set out below.
  3. 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.
  4. If you choose to cancel and the equipment you have ordered is bespoke (that is if the equipment has to run on a curved rail which has to be made to a particular specification to fit your property or the equipment is otherwise adapted to your required specification). Please be aware canceling a bespoke order will result in cancellation charges. These charges are a percentage of the total order value and vary depending on the where the lift is within our order process.

Consequences of Cancellation

    1. To fulfill your order we will need to attend to install your stairlift. Accordingly, we are obliged to give you notice that if you exercise your rights to cancel after we have delivered and installed the stairlift, then you will still be required to pay
      1. any preparatory costs and the cost of installation; and
      2. the loss to us of the value of the stairlift if it has diminished because you have used the stairlift beyond what was necessary to establish its nature, characteristics and functioning.
    2. Because of the nature of the stairlift, we agree that we will attend to uninstall and collect the goods. We will bear the cost of doing this.
    3. We will reimburse all payments received from you by the end of 14 calendar days after the day we are informed of your decision to cancel the contract. However, if we are entitled to:
      1. partial payment in relation to the preparation and instalment of the stairlift (see clause 1 above); or
      2. an amount by which the value of the stairlift has diminished because you have used the stairlift beyond what was necessary to establish its nature characteristics and functioning (see clause 1 above); then we will deduct those costs from the payments due.
    4. The repayment will be made by the same means that you paid under the contract that is normally by cheque, bank transfer, debit or credit card:

The cancellation notice should be sent to:- Mr. Matthew Armstrong, EMS Lifts Limited, EMS House, 6 Marquis Business Centre, Royston Road, Baldock, Hertfordshire, SG7 6XL

These conditions of sale (“Conditions”) shall apply to any contract or agreement between EMS Lifts Ltd (“Seller”) and its customer (“Buyer”) for the supply of goods (“Goods”) by the seller to the Buyer resulting from the Seller’s acceptance of the Buyer’s order for Goods. Orders are accepted and Goods sold by the Seller only on the following terms and conditions and to the exclusion of all other terms or conditions unless expressly accepted in writing by the Seller. If the Buyer’s order is inconsistent with these Conditions the Seller’s acceptance of the Buyer’s order shall constitute a counter-offer and the Buyer shall be deemed to have accepted these Conditions unless it notifies the Seller to the contrary within 5 days of receiving the Seller’s acceptance of the Order.

The headings of the clauses of these Conditions are for reference only.

1. Acceptance

  1. Quotations and price lists issued by the Seller do not constitute an offer to sell the goods therein referred to or to sell such goods at a particular price and they are merely invitations for an order subject to these conditions.
  2. No order shall be binding until accepted by the Seller. The Seller shall not be bound to accept changes to the specification or to the order after acceptance but shall endeavour, subject to agreement of any necessary revision to price and proposed delivery date. to meet any reasonable request.
  3. Where the Goods are to be supplied for use by someone with a particular medical or other condition, it shall be the responsibility of the Buyer at the time the order is placed to inform the Seller in writing of any specific functionality that the Goods are required to have, and the Seller shall not be liable to the Buyer if the Goods are not fit for use by such a person if any such particular medical or other condition is not made known to the Seller in accordance with this clause. The Seller does not warrant that the Goods will remain fit for use by any such person after the date the Goods are installed and commissioned if any such failure arises from a deterioration in the person’s medical or other condition.
  4. No works other than the works quoted in the scope of works shall be the responsibility of the Seller and any works that become apparent or necessary as infrastructure is exposed shall be additional to the scope of works in the original quotation
  5. The Seller shall be entitled to make a reasonable charge in respect of any change in specification resulting from changes in relevant codes regulations standards or rules published between the date of the Seller’s tender or quotation and delivery.

2. Installation

  1. If the Buyer’s offer is accepted, the Seller will use its best endeavours to agree an estimated time to deliver and install the Goods. The parties agree that any date so agreed is not of the essence of the contract.
  2. Once the Seller has informed the Buyer that the Goods have been supplied and installed, the Buyer agrees that it will inspect the installation and upon receipt by the Seller of written confirmation that the installation has been approved, the Seller will thereafter complete the final commissioning of the Goods to make them fully operational.
  3. If the Seller incurs extra expenditure as a result of any delay or suspension of work resulting from the Buyer’s instructions or otherwise from the Buyer’s fault or for causes beyond the Seller’s control the price shall be adjusted accordingly.

3. Payment

  1. No payment may be withheld in whole or in part in respect of any defect in respect of which the Buyer is not entitled to repudiate. Payment shall be made in accordance with this condition without any set-off or deduction whatsoever.
  2. The Seller may, however, at any time and at its sole discretion and without giving reason thereof withdraw credit terms.
  3. The Seller may charge interest from the due date of payment to the date of actual payment at the rate of [4%] per annum above base rate from time to time of National Westminster Bank plc. Failure to claim such interest immediately shall not prejudice the Seller’s claim to such interest at a later date.
  4. Should the Buyer default in any payment when due the Seller reserves the right without prejudice to any other remedy it may have to cancel this contract and/or any other contract between the Buyer and the Seller and/or to suspend delivery until payment shall have been made.

4. Title and Risk

  1. The risk in the Goods shall pass to the Buyer on delivery.
  2. Until the Seller has been paid in full by the Buyer for the Goods the good shall remain the sole and absolute property of the Seller; as legal and equitable owner.
  3. Until the Seller is paid in full;
    1. The Seller shall be entitled to trace the proceeds of sale of the Goods in the event of the Buyer’s default in accounting for such proceeds.
    2. In the event that payment for the Goods is overdue in whole or part the Seller may (Without prejudice to any of its other rights) recover or resell the Goods or any part of them. Such payment shall become due immediately upon commencement of any act or proceeding in which the buyer’s solvency is involved.
    3. If the Buyer has not received payment on the disposal of the Goods it shall upon written request by the Seller assign to the Seller all its rights against its customer in respect of that disposal.
  4. In the event that any part of this condition is held to be unenforceable or invalid it shall not affect the validity of any other part of this condition.

5. Servicing and Maintenance

  1. If requested, the Seller shall provide the Buyer with service maintenance and report facilities for equipment. Any service repair or maintenance carried out by the Seller shall be subject to the provisions of this condition.
  2. The Seller shall make every endeavour to maintain, service or repair as quickly as possible. In no circumstances whatsoever shall the Seller be directly or indirectly liable to the Buyer whether arising from breach of contract, loss of profit or otherwise for any delay in the service maintenance or repair of the equipment.
  3. It is the Buyer’s responsibility at all times to ensure that the premises in which the equipment is located is kept clean and that every safety precaution is maintained and that the Seller’s employees or agents are granted access to the relevant premises in order to carry out such maintenance, servicing or repair as required.
  4. The Seller shall in maintaining, servicing or repairing the equipment make every endeavour to ensure that the relevant equipment is put into a satisfactory and operational manner, but the Seller shall not be responsible to the Buyer for any liability whatsoever arising from any subsequent act or failure caused through the operation of such equipment, whether to the Buyer or any person or thing save that nothing herein shall exclude or restrict any liability for the Seller for death or personal injury resulting from negligence of the Seller as defined in section I of the Unfair Contract Terms Act 1976.
  5. Payment for repairs. maintenance and servicing shall be in accordance. mutatis mutandis, with the provisions of payment for consumables pursuant to condition 3 hereof.

6. Illustrations and Descriptions

  1. The Buyer acknowledges that he has been given the opportunity to give to the Seller his comments on any statements or representations made by or on behalf of the Seller in relation to the Goods. The Buyer also acknowledges that descriptions, technical information, photographs, drawings and other illustrations contained in any catalogue, price list, brochure or other document of the Seller shall not (save where the contrary is expressly stipulated in the order) form part of any contract between the Buyer or the Seller and no warranty is given that Goods supplied will correspond exactly with those specified.”
    • 6.2 – No oral statement or representation made at any time prior to the contract shall be a term of the contract or deemed to be an inducement or collateral contract pursuant to which the Buyer entered into the contract and the Buyer entered into the contract and the Buyer shall rely on its own judgement as to the nature and suitability of Goods.
    • 6.2 – Goods will be supplied to the Seller’s current standard specification and the Seller reserves the right at any time before or after an order is placed to amend any particulars, description, prices, contained in its catalogue, price lists, brochures and other sale literature and such amendments shall be binding upon the Buyer.

7. Cancellation

  1. Should the Buyer cancel an order or return Goods the Seller reserves the right to charge the Buyer with the amount of any losses or expenses incurred or material used and a reasonable allowance for overhead charges and profits. This provision will only apply in circumstances where the buyer is not a consumer as defined within the consumer contracts regulations 20 13.
  2. If you choose to cancel and the equipment you have ordered is bespoke (that is if the equipment has to run on a curved rail which has to be made to a particular specification to fit your property or the equipment is otherwise adapted to your required specification).Please be aware cancelling a bespoke order will result in cancellation charges. These charges are a percentage of the total order value and vary depending on the where the lift is within our order process.

8. Termination Lien and Damage

  1. Without prejudice to any rights of the Seller the Seller may determine the contract if:
    1. any distress, execution or other legal process is levied upon any of the Buyer’s assets; or the Buyer shall Stop payment; or
    2. the Buyer shall make any arrangement or composition with his or its creditors, commit any act or bankruptcy or (being a corporation) have a winding up order made or have an administration order made or call a meeting of its creditors or suffer the appointment of any provisional liquidator or an administrative receiver or a receiver or manager in respect of its undertaking or assets, and the Buyer shall notify the Seller of any proposals for any compensation or arrangements or voluntary arrangements or of any petition or proposals for the appointment of any such administrator; liquidator, receiver or manager or is unable to pay its debts within the meaning of Section 123 of the Insolvency Act 1984.
  2. Without prejudice to any rights of the Seller shall in the event of determination be entitled to recover from the Buyer:
    1. the contract value of any work competed or Goods manufactured to Buyer’s order at the date of termination;
    2. the value of any such work begun or goods begun to be manufactured but not competed at such date, such value to include the cost of materials, labour, overheads and a fair profit as determined by the Seller’s auditors whose decision shall be conclusive and binding on the Seller and the Buyer; and
    3. the cost of the Goods, materials or work ordered by the Seller pursuant to the contract for which the Seller has to pay.
  3. The Seller shall have, in addition to any other remedy, a general lien on all Goods of the Buyer which may be in the possession of the Seller for all monies due at its discretion sell such Goods and apply any monies received on such sale or sales in reduction of the monies due to the Seller from the Buyer.

9. Rental Agreement

Terms & Conditions of the Agreement for Rental Products/Services:-

  1. The client will sign a standing order for the amount of the monthly rental to be paid one month in advance and to commence after the initial period.
  2. The amount of any increase of the monthly rental will not exceed 5% in any one year.
  3. The stairlift will be installed, serviced and maintained by the owners at no expense to the client except where the lift has been accidentally damaged, mis-used or fails as a result of something not connected with the installation or equipment, such as a power cut.
  4. The client will not cause or allow any person other than the owners approved engineers to attempt to repair or otherwise tamper with the stairlift.
  5. Upon being informed by the client that the stairlift is not working the owner’s service engineer will call to repair the stairlift within a maximum of 24 hours, 7 days a week.
  6. The owners take no responsibility for any loss or damage caused by malfunction of the stairlift.
  7. The owners reserve the right to replace or repair any rented stairlift at their discretion. Where it is deemed necessary to replace a stairlift, the same or similar equipment will be installed.
  8. The owners or the client can terminate this agreement at any time after initial period of the agreement by giving one month’s written notice to the other party.
  9. The owners will carry out routine services on the stairlift at various times mutually convenient to themselves and the client.
  10. Following removal of the stairlift, the owners will leave the site safe but will not undertake any “making good” of any superficial damage caused to the client’s property by the stairlift installation.
  11. Any prices quoted in connection with the rental of the stairlift will not include VAT. All clients with a permanent disability can complete a VAT exempt declaration which will be provided by the owners.
  12. The stairlift will remain the property of the owners at all times.
  13. In the event that the stairlift remains out of order and cannot be repaired or replaced within a period of 72 hours a pro rata refund of the rental will be paid to the client.
  14. Upon termination of the rental agreement the client or any person acting on behalf of the client will allow the owner’s engineer access to the site to remove the stairlift within one week following the termination date of the agreement.
  15. The owners will consider the agreement terminated if at any time the client fails to tender the monthly rental at the agreed time. In this event the owners, at their discretion, will require the client to allow them to remove the stairlift.

10. Force Majeure

  1. The Seller shall not be under any liability to the Buyer in respect of any failure to perform or delay in performing any of its contractual obligations to the Buyer attributable to any cause of whatsoever nature beyond the Seller’s reasonable control (including, without limitation, act of God, war, riot. fire, flood, strikes and lockouts. Government action or regulations (UK or otherwise), delay by suppliers, accidents and shortage of materials, labour or manufacturing facilities) and no such failure or delay shall be deemed for any purpose of these Conditions to constitute a breach of contract.
  2. Should the Seller be prevented from delivering Goods in circumstances referred to in clause 10.1, it shall give the Buyer notice of this fact as soon as is reasonably practical after discovering it
  3. If delivery is prevented by circumstances referred to in clause 10.1 for a period of 3 months after notice is given pursuant to clause 10.2, either party may by written notice to the other cancel the contract. Upon such cancellation, the Seller will refund any payment which the Buyer has already made on account (subject to deduction of any amount the Seller is entitled to claim from the Buyer) but the Seller will not be liable to compensate the Buyer for any further loss or damage caused by failure to deliver.

11. Assignment and Sub-Contracting

  1. The Buyer shall not be entitled to assign or novate these Conditions or the benefits thereof to any person without the prior written consent of the Seller.
  2. The Seller may sub-contract any work it is obliged to carry out under these conditions.

12. Notices

Any notice to be given hereunder shall be delivered personally or sent by email, or first class post to the principal business address of the Seller and Buyer and or to such other address or number as may have previously been notified in writing to the other party. Notices will be deemed to be served as follows:-

13. Law Applicable

The Conditions shall be governed and construed in accordance with English law and all disputes arising in connection therewith shall be submitted to the jurisdiction of the English Courts.

14. Delivery

  1. Delivery estimates are available on request.

Terms and Conditions relating to the Euro 2024 advertising campaign in The Comet Newspaper. 20% off offer applies only:

  • On new Stairlift orders
  • When code is mentioned at the time of enquiry (cannot be added at a later date)

Offer excludes commercial and local authority customers. Offer ends when England exits the tournament.