TERMS AND CONDITIONS
In these Terms: For “Escape Mobility Company LTD (Note: this is not the international head office), 85 Great Portland Street, 1st floor
W1W 7LT London
“Business Hours” means the hours of 9am to 5pm Monday to Friday, excluding Public Holidays;
“Customer” means the person, firm, company or organisation named on the quotation for whom Escape Mobility Company Limited has offered to supply the Product and/or Services in accordance with these terms;
“Contract” means the contract for the supply of the Product, and/or Services
“Quotation/Offer” means the document to which these Terms are appended:
“Price” means the purchase price of the Product, and/or Services according to the agreement as set out on the Quotation/Offer:
“Product, and/or Services” means the one or more items ordered by the Customer from the range offered for sale by Escape Mobility Company Limited. ‘Terms” means these terms and conditions.” Escape Mobility Company Limited” is a Registered Company in England and Wales
under number: 8025000
Escape Mobility Company Limited agrees to supply and the Customer agrees to accept the Product, and/or Services subject to these Terms. Any changes or additions to these terms must be agreed in writing with Escape Mobility Company Limited and the Customer.
2.1 No order which has been accepted by Escape Mobility Company Limited, may be cancelled by the Customer except with the agreement in writing of Escape Mobility Company Limited.
2.2 Any supplied products that the Customer no longer require, must notify Escape Mobility Company Limited within 28 days of date of delivery of products. We reserve the right to apply a 50% re-stocking charge to the Customer.
3.1 All quotations submitted by Escape Mobility Company Limited, shall remain valid for a period of 30 days.
3.2 The quotation is valid for a period of 30 days after which we reserve the right to re-evaluate the submission prior to accepting an order.
3.3 Quotations allow for supply/installation of the Product, and/or Services during Business Hours.
3.4 Customer quotations are often based on information given by the customer over the telephone. The accuracy and quantities of equipment are the responsibility of the client.
4.1 Escape Mobility Company Limited, reserves the right, by giving notice to the Customer at any time before delivery, to increase the Price of the Product, and/or Services to reflect any increase in change in circumstances.
4.2 All Prices quoted to the Customer for the Product, and/or Services, are exclusive of Value Added Tax.
5.1 If agreed in writing on the Quotation/Offer, Escape Mobility Company Limited shall arrange for delivery of the Product and/or Services to an address nominated by the Customer at the Customer’s expense.
6.1 The Customer agrees to pay Escape Mobility Company Limited, the Price and any additional sums which are agreed between Escape Mobility Company Limited, and the Customer for the supply and delivery of the Product and/or Services.
6.2 Escape Mobility Company Limited shall be entitled to invoice the Customer for the Price as specified on the Quotation/Offer.
6.3 If payment is not made on the due date, as agreed with Escape Mobility Company Limited and the Customer, Escape Mobility Company Limited, shall be entitled, without limiting any other rights it may have (under the Contract or at law), to charge interest on the outstanding amount (both before and after any judgement) at the rate of 6% above the base Bank rate from the due date until the outstanding amount is paid in full.
6.4 If payment for the Product, and/or Services is not made by the Customer on the agreed payment date, Escape Mobility Company Limited reserves the right to cancel all existing or future orders placed by the Customer.
6.5 Payment terms are deemed to be strictly 14 days from date of invoice unless otherwise stated.
6.6 We reserve the right to sub-contract part or all of the works as we see fit but will ensure that quality remains.
- Risk and Property
7.1 Risk or damage to or loss of the Product, and/or Services shall pass to the Customer:
7.2. Notwithstanding delivery and the passing or risk in the Product and/or Services, the Product and/or Services will not be passed to the Customer until such time that Escape Mobility Company Limited has received payment in full. Shall payment remain outstanding, Escape Mobility Company Limited reserve the rights to access the Premises of the Customer to retrieve the Products supplied.
Escape Mobility Company Limited holds the following policies:
Employers Liability Insurance, Public/Product Liability Insurance, Professional Indemnity Insurance, *copies on request
9.1 Any claim to be made for delivered Products that arrive damaged must be notified to Escape Mobility Company Limited, within 7 days of receipt of delivery. All claims must be submitted in writing to Escape Mobility Company Limited within the period stated.
9.2 The Customer must provide Escape Mobility Company Limited, a copy of the official proof of purchase indicating serial number and date of delivery.
9.3 Training with the Product produced by Escape Mobility Company Limited and maintenance of the Product is only reserved to be carried out by personnel working for Escape Mobility Company Limited or an approved Third Party, certified by Escape Mobility Company Limited.
9.4 Any form of warranty is void if a defect is caused by or resulting from injudicious or improper use or use after the expiration date, improper storage or maintenance by the Customer and/or third parties when, without written consent of Escape Mobility Company Limited; or the Customer or third parties carry out unauthorized alterations or modifications to that described. The Customer is not entitled to warranty if the defect is caused by or arising from circumstances beyond Escape Mobility Company Limited’s control, including weather conditions (such as but not limited to, extreme temperatures or rainfall) etc.
9.5 Escape Mobility Company Limited can only guarantee specific quality or specific quality of produced goods or modified to the extent these requirements or standards expressly agreed. Escape Mobility Company Limited only accepts responsibility of the quality of the Product, if used in a normal manner, as described in the User Manual. Escape Mobility Company Limited does not warrant, even if a prior sample delivered to the Customer is granted, provided that the product is suitable for the purpose for which the Customer wishes to use, consume or process. Escape Mobility Company Limited accepts no liability for information provided by or on behalf of advice, information, calculations or other statements concerning the work delivered.
9.6 As far as a complaint by the Customer with regard to the specifications concerning the products supplied is valid, Escape Mobility Company Limited shall, at its discretion, repair or replace the goods supplied by other equivalent product(s).
9.7 Escape Mobility Company Limited is in no other way than in the previous paragraph, liable for damages suffered by the Customer, in whatever form, to the extent not contrary to any applicable mandatory provision.
- Not (force majeure)
10.1 Escape Mobility Company Limited is entitled at its option agreement with buyer through a written notice to buyer dissolved state, or the execution of the agreement to suspend, all this without any right to compensation, if the performance of the contract is hindered or impeded as a result of force majeure. Force majeure is understood;
a. failure or interruption of any kind, provided that such failure or interruption is caused by in not reasonably to the Supplier due to circumstances;
b. delayed or late delivery by the supplier (s) of Escape Mobility Company;
c. transport difficulties or transportation barriers of any kind, making transportation to or from the establishment of Escape Mobility Company is hindered or impeded, provided that such difficulties or obstacles under prevailing opinion is not attributable to Escape Mobility Company;
11.1 No third parties shall have any rights or benefits under these Terms or the Contract.
11.2 Safe means of egress and access, general lighting and welfare facilities are to be provided by the Customer, whilst personnel are on site.
11.3 This Agreement is governed by and shall be construed in accordance with the Law of England and Wales and the parties hereby agree to submit to the exclusive jurisdiction of the English Courts.