Terms & Conditions
TVM Cheltenham Ltd trading as TVMC Mobility
Terms and conditions of sale of goods and services.
TVMC Mobility 01242 663800 or enquiries@tvmcltd.co.uk
The Merecoombs, Granna Lane, Gotherington, Cheltenham, Gloucestershire, GL52 9QZ
TVMC Mobility will supply a written quotation for all work and equipment requestswhether directly or through their agents for its clients. When it is an urgent “called in repair or service” costs to attend will be given verbally to allow the client to decide if they would like us to attend, any further follow up work will have a written quotation sent. All orders will be accepted subject to the following conditions, all other terms, conditions or warranties whatsoever are excluded.
THESE CONDITIONS DO NOT AFFECT CUSTOMER STATUTORY RIGHTS.
1. Definitions
“The Company” means TVMC Mobility. “The Customer” means the person to whom the Company may agree to sell goods or services in accordance with the Company’s conditions of sale or that person’s agent. “Goods” means articles or things or any part or parts of them to be provided by the Company in accordance. “Services” means any work done by the Company on behalf of the customer.
2. Prices & VAT
All prices will be quoted net exclusive of VAT unless requested otherwise.
Some 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 for VAT exemption.
In the event of any alteration being requested by the Customer and agreed to by the Company or any additional works becoming necessary pursuant to condition 7.1 the Company shall be entitled to make an adjustment to the contract price fairly reflecting such alteration or addition.
3. Specification documentation
The Company reserves the right to change the dimensions or composition of the goods supplied within reasonable limits with an alternative being of the same or superior quality and specification of the Goods and without notice to the Customer, if the change is material the customer is within their rights to cancel the contract.
All figures, speeds, measurements, capacities and other technical information and data contained in the advertising, sales and technical literature issued by the Company are based on experience and manufacturers data and are provided for general guidance only.
4. Survey & Quotation
Any survey performed by or for the Company is solely for the purpose of preparing a sales quotation and cannot be relied upon for any other purpose. The price of the Goods and Services provided shall be the price listed in the Company’s written quotation (all errors and omissions excepted). This price shall remain valid for 90 days from the date of the quotation unless stated otherwise in writing. If there is no current written quotation in the case of an urgent called in repair or service, the price shall be the price quoted verbally (all errors and omissions excepted). If the Customer requires any further Goods or Services not stated in the Company’s quotation, then the Company shall be entitled to charge for the provision such Goods and Services. If, in the opinion of the Company, any work undertaken requires Services extra to those included in the quotation or sales order then the Company reserves the right to charge for the extra Services
5. Orders
All orders are subject to acceptance by the Company and to the Company’s ability to supply the Goods. Any prior confirmation by the Company shall be provisional. The Company reserves the right to charge a cancellation fee on any order that it has accepted, and ordered goods against so it can recover any reasonable losses which can’t be mitigated. If it is subsequently cancelled by the Customer.
6. Delivery, service and installation
Any times for despatch, service or installation are to be treated as estimates only and without prejudice. All delivery times are quoted from receipt of full order, including all information necessary to process the order and, where applicable, a deposit. In the event that the customer is not prepared to receive Goods when the Goods are ready for delivery, the Company reserves the right either to invoice for the goods and make a storage charge of 2.5% per month of the total order. Where the goods are installed by the Company, the Customer agrees to prepare the site for installation prior to the agreed installation date. In the event that the site is not ready the Company reserves the right to make a charge to rectify or revisit the site.
7. Installation of equipment
Unless otherwise agreed all work of installation will be carried out during ordinary working hours 09:00 – 16:30.
7.1 Extra costs incurred owing to suspension of work due to the Customer’s instructions, lack of instructions, interruptions, delays, overtime, unusual working hours and additional work or variations shall be added to the contract price. Any such charges shall be based upon the Company’s normal rates.
When building and electrical work are quoted for, these are based on a purely visual survey of the property. If during the execution of the quoted work any unforeseen work required to complete the installation of said equipment will be flagged to the client or their agents and charged additionally to the original quotation at the prevailing rate.
7.2 Any builders’ or electrical works carried out by or on behalf of the Company in connection with the preparation of the site for installation does not include making good any decorations or carpet which may be disturbed duringnormal working nor the upgrading of the existing electrical wiring or earth bonding.
8. Payment
Unless otherwise specifically negotiated and agreed, a deposit of 50% of the value of the goods must be paid before an order is accepted. The balance of monies owed for any order will be payable before supply of the Goods or Service to which the order relates. The Company may, at its discretion, offer the Customer credit terms. Credit terms shall not apply unless expressly agreed in writing by the Company. Under such terms all accounts are payable by the end of the calendar month following invoice date. All payments are applied against the oldest outstanding debt. In the event that the Company commences collection proceedings against the Customer, interest at the rate of 2.5% per calendar month or part of from the due date will be charged on all outstanding debts.
9. Risk & Title
9.1. Risk shall pass to the Customer on delivery.
9.2. Title of the Goods or any relevant part thereof shall only pass to the Customer when payment in full has been received by the Company.
9.3 If payment in full is not made in accordance with the Company’s conditions of contract, the Company may require the customer to return the Goods forthwith and if the requirement is not immediately complied with.The Company may recover Goods in respect of which ownership has not passed to the Customer at any time and the Customer hereby licences the Company, its officers, employees or agents to enter upon any premises of the Customer for the purpose of recovering any Goods in respect of which ownership has not passed to the Customer.
10. Returns or Cancellations
The Customer shall not be entitled to return the goods supplied for any reason other than under the warranty conditions or in accordance with the Customer’s statutory rights. Some Goods are made to order (Curved stairlifts, through floor Lifts and bespoke ramping), as such, if the order is cancelled when the goods are in the manufacturing process the customer will be liable to any costs incurred by the company up to the point of cancellation. Once any equipment has been installed in a client premises the company does not accept returns, unless it can be demonstrated that the goods are not fit for purpose or of a satisfactory quality as described 6 months from the date of delivery.
11. Warranties
Warranties do not affect the statutory rights of the Customer but if the Customer wishes to have the benefit of this warranty condition the Customer must comply with the provisions set out below. Any warranty is not transferable.
In the event of a defect in the Goods becoming apparent within any warranty period of the delivery date the Company shall either itself, or by an authorised dealer/repair agent effect any necessary repair or replacement of parts free of charge. Any part so repaired or replaced during the warranty period is warranted for the remainder of that period. Parts replaced after the original warranty period has expired are covered for three months only. Any defect that occurs on Goods during its warrantied period must be reported to the Company, by the Customer immediately giving full description of the problem. The equipment must not be used further, no alterations or unauthorised repairs must be carried out until the equipment has been inspected by the authorised representative of the Company.
The Customer will be advised at the time of supply or installation of arrangements for repair and service by the Company. Items of a consumable nature will not be covered during the warranty period unless such items have suffered undue wear as a direct result of a manufacturing defect. Such items include, amongst others, lubricants, motor brushes, upholstery, and similar parts. Batteries will be covered by the warranty only where they have been charged and maintained fully in accordance with the manufacturer’s recommendations.
Any warranty will not apply where any defect or malfunction has, in the Company’s opinion, been caused as a result of:
11.1. Any modification, adjustment or repair to the Goods made by a third party other than the Company or an unauthorised dealer/ repair agent.
11.2. The subjecting of the Goods, by the Customer, to unusual physical or electrical stress, neglect, misuse or accidental damage.
11.3. Any error or omission relating to the operation of the Goods.
11.4. Fair wear and tear
If on investigation the Company reasonably determines that any defect in or malfunction of the Goods is the result of any of the matters referred to above the Customer shall be liable for all costs incurred by the Company investigating the same and determining its cause.
12. Liability
Save where the Company is shown to have failed to exercise reasonable care in the manufacture and/or supply of the Goods and/or performance of the Works and such failure results in death or personal injury, the Company shall not be liable in respect of claims arising by reason of death or personal injury. The company may be liable for reasonably foreseeable consequential losses.
13. Severability
If and to the extent that any provision of the Company’s conditions of contract is illegal, void or unenforceable for any reason, then such provision or part thereof (as the case may be) shall be deemed to be severable from the remaining provisions or parts of the relevant provision (as the case may be) all of which remain in full force and effect
14. Waiver
The waiver by the Company of any breach of any term hereunder shall not prevent the subsequent enforcement of that term, and shall not be deemed a waiver of any subsequent breach
15. Assignment
Customer agrees not to assign or transfer this agreement or any of its rights herein without the prior written consent of the Company.
16. Customers Default
If the Customer shall make default in or commit any breach of its obligations to the Company or if the Customer being an individual (or when the Customer is a firm any partner in that firm) shall at any time become bankrupt or shall have a receiving order or administration order made against him or shall make any composition or arrangement with or for the benefit of his creditors or shall propose to do so if in Scotland he shall be made insolvent or not our bankrupt or any application shall be made under any Bankruptcy Act for the time being in force for sequestration of his estate or a Trust deed shall be granted by him on behalf of his creditors or the Customer being incorporated body any resolution or petition to wind up its business will be passed or presented otherwise than for reconstruction or amalgamation or if a liquidator or receiver or manager of such corporate body or its undertaking property or assets if any part thereof shall be appointed or if the Customer shall be insolvent or shall be unable or shall admit its inability to meet its commitments promptly as and when the Company shall have the right (without prejudice to any further or other claims or right which the Company might have) forthwith to cancel any uncompleted order or to cancel or to suspend delivery and notwithstanding any other provisions of the Company’s conditions of sale payments for any delivery already made shall immediately become due.
17. Force Majeure
In the event that the Company’s performance of this contract is prevented, delayed or in any way interfered with by either direction of Government, war, industrial dispute, strike breakdown of machinery or plant, accidental fire, non-delivery by the Company’s Suppliers, damage to or destruction of the whole or part of the Goods or by any other cause beyond the Company’s control, the Company may as its option suspend performance or cancel its obligations under the Contract without liability for any damage or consequential loss resulting therefrom.
17. Jurisdiction
The construction validity and performance of this agreement shall be governed by the laws of England.