Terms & Conditions
Terms & Conditions (“Terms”)
Last Amended: September 20, 2021
These are the terms upon which we do business and the conditions which apply to the agreement between you (the customer) and ourselves, MK STAIRLIFTS Ltd (the company). These terms and conditions relate to the provision of equipment and services and may not be varied nor extended unless agreed in writing beforehand by the company. Your acceptance of the terms and conditions is indicated by your placing the order for work with us irrespective of whether you sign or not.
1. BRITISH STANDARDS 5776
The customer shall be responsible for satisfying the requirements of BS 5776 in relation to stairlifts in locations not constituting a single family dwelling. The company shall be entitled to rely upon the assurances given by the customer in such cases (as evidenced by the customer order) that such requirements have been complied with and the customer hereby indemnifies the company against any loss whatsoever caused by non-compliance. No act, nor omission, nor statement by the company, its staff or appointed representatives shall be deemed to relieve the customer of his responsibility in this regard.
Upon accepting the order from the customer the company shall be paid a deposit. A deposit of 35% is required on straight stairlifts and either 20% or 40% for curved stairlifts. The deposit is deducted from the total order value (including VAT where applicable). No part of the deposit shall be refunded in the event of cancellation (see paragraph 3) except at the discretion of the company.
No order which has been accepted by the company may be cancelled by the customer except with the written agreement of the company. In the event of an order being cancelled and the company accepting such cancellation the company shall be entitled to charge the customer for the work done to date of processing the order (e.g. materials used, administration and preparation costs) and for any goods necessarily ordered which will not be reimbursed in full by the manufacturer if returned.
The company shall endeavour to meet all delivery dates and deadlines agreed with the customer. However the company shall not be liable for any delays caused by matters beyond our control.
Alterations to the order by the Customer may result in delay in delivery.
The Company will endeavour to comply with reasonable requests by the Customer tor postponement of delivery but shall be under no obligation to do so and may charge the Customer with reasonable charges for storage.
All orders must be placed before 1pm Monday to Thursday, weekends are excluded. Next day fitting only applies on selected straight and curved stairlifts. The Company reserves its right at its absolute discretion to refuse an order placed by any customer.
5. PRICES AND VAT
If any alteration to the design or specification of the goods ordered is requested by the Customer and agreed by the Company an appropriate alteration in the price for the goods may be made by the Company.
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.
Payment in full is due upon satisfactory completion of the installation as evidenced by the customer’s signature on the company’s invoice. The company shall be entitled to charge interest on any unpaid sums after the due date at a rate of 12% per annum if required.
The customer agrees to allow the company or persons acting on behalf of the company access to the customer’s premises for the purpose of installing the goods. The company shall endeavour to minimise the disruption and affects caused by the installation. However the customer acknowledges the invasive nature of the installation process and hereby indemnifies the company for any damage cause to any structure, fixture or fitting affected by or adjacent to the installation.
8. RETENTION OF TITLE
Ownership of the goods supplied under this agreement shall remain with the company until the customer has paid the company in full the amount agreed. The company may at its discretion recover the goods at any time prior to receiving payment in full.
The company’s warranty relates to the provision of equipment (new, reconditioned and rental) and the installation thereof to the location, position and environment agreed with the customer prior to installation by the company’s staff or appointed representatives. The customer acknowledges that the stairlift is a complex technical product with electrical, mechanical and electronic features. The customer agrees to use the stairlift for the purpose intended and in accordance with the manufacturer’s instructions and limitations and not to make nor allow to be made any changes to the stairlift unless authorised to do so by the company, nor interfere with or allow to be interfered with, nor tamper with or allow to be tampered with the stairlift in any way by any person qualified or not. The customer agrees that any such action shall constitute a breach of this agreement which shall free the company thereafter from its obligations agreed herein.
Request for service may be logged at anytime either directly with the company’s staff or by means of the company’s messaging service.
Subject to the customer notifying the company immediately with full information about the nature and circumstances of any problem which has arisen within the agreed period ending on the anniversary of this agreement the company shall: Respond within 48 hours to a request for service or repair from the customer between the hours of 8.00am and 8.00pm Monday to Friday. Provide such service free of any further charge to the customer. Further warrant any part repaired or replaced during the initial warranty period, until the end of that period. Breakdowns are prioritised and will be attended to whenever possible within 48 hours of receiving notification. Request for out of hours (including bank holidays) service will be chargeable by the company at the current call out rate. Any parts required will still be covered under the agreed warranty. MK STAIRLIFTS Ltd is not liable for repairs to the stairlift arising from misuse, neglect, tampering, interference or unauthorised changes to the stairlift. Consumables such as batteries, cost arising from not following instructions and cost if no fault found with your stairlift. Maintenance contracts are only refundable within 14 days of receiving payment. The contract will commence upon the date when payment is received and will continue for the term agreed. NB: The cost of replacement batteries are not covered under warranty. Standard and emergency repair call out charge provides 1 Year warranty for any repairs (exclusive of parts not fitted by mk stairlifts) Unless stairlift is faulty due to user error, damaged caused by users or stairlift not used as directed by the manufacturers handbook. After a phone consultation (see section 10.12) and Upon inspection and testing should our engineer find no faults with the operation of the stairlift and find the stairlift is working correctly a standard call out charge will apply. Parts or batteries warranties will be void if damaged by user or as a result of the stairlift not used as directed by the manufacturers handbook. Returning customers (under warranty) must make a reasonable attempt, to clear the faults as instructed via telephone with our engineers and following the detailed information within the manufacturers user/instruction manual/handbook, that was provided upon purchase of the stairlift. Failure to do so may result in refusal of our services.
Upon the expiry of the warranty period, the company shall be deemed to have fulfilled all its obligations in respect of this warranty and may at its sole discretion by virtue of a separate service agreement offer further warranty cover to the customer upon the terms, conditions and prices prevailing at the time.
12. EXCLUSION OF LIABILITY
The company shall not be liable for any consequential damage or loss cause by any defect or failure of the goods or their installation.
This agreement is to be understood in the context of English law. In the event of a conflict between them, the customer and the company both agree to accept the decisions of a properly constituted English court in resolving such conflict.
14. STATUTORY RIGHTS
Your statutory rights will not be diminished by any of the foregoing terms and conditions.