Terms and conditions

DEFINITIONS/INTERPRETATION

1.1      In these conditions:

‘Buyer’ means the person who accepts a quotation from the Seller for any of the Goods or whose order for the Goods is accepted by the Seller.
‘Goods’ means the goods (including any instalment of the goods or any part of them) which the Seller is to supply in accordance with these conditions.
‘Seller’ means Candor Care Limited (Registered in England & Wales under company number 05307728)
‘Conditions means the standard terms and conditions set out in this document and includes any special terms and conditions agreed in writing between the Buyer and Seller.
‘Contract’ means the contract for the purchase and sale of the Goods.
‘Writing’ includes telex, cable, facsimile transmission, e-mail, and comparable means of communication.

 

1.2      Any reference in these conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.

 

1.3     The headings in these conditions are for convenience only and shall not affect their interpretation.

 

PRICE

The price of the goods is the price as set out in the Seller’s quotation.  The price shall include the cost of the installation and the cost of delivery to the proposed site.  The price does not include VAT.  If the Buyer requests any alteration to the goods or installation included in the Seller’s quotation, the Seller may have to amend the price.  No alterations will be made to the original order unless the variation order is received in writing from the Buyer.

 

VALIDITY OF QUOTATIONS

Unless previously withdrawn in writing quotations will remain open for acceptance for the period stated therein or, if no period stated, within 60 days only after this date.

 

PAYMENT 

On accepting the Seller’s price and proceeding with a signed order, the Buyer must pay 15% of the total price. The balance will be invoiced on installation and will be due for payment within 7 days, unless the Buyer wrongfully fails to take delivery of the Goods, in which event the Seller shall be entitled to invoice the Buyer for the price at any time after the Seller has tendered delivery of the Goods.

 

4.1       If the Buyer fails to make any payment on the due date then, without prejudice, to any other right or remedy available to the Seller, the Seller shall be entitled to:

4.1.1    Cancel the contract or suspend further deliveries to the buyer;

4.1.2    Appropriate any payment made by the Buyer to such of the Goods (or the goods supplied under any other contract between the Buyer and the Seller) as the Seller may think fit (notwithstanding any purported appropriation by the Buyer); and

4.1.3    Charge the Buyer interest (both before and after any judgement) on the amount unpaid, at the rate of 2% per annum above the HSBC base rate from time to time, until payment is made in full (a part of a month being treated as full month for the purpose of calculating interest)

DELIVERY
Any dates quoted for the delivery of the goods are approximated and the Seller shall not be liable for any delay in delivery of the Goods, however caused. Time for delivery shall not be of the essence of the Contract unless previously agreed by the Seller in writing The Goods may be delivered by the Seller in advance of the quoted delivery date upon giving reasonable notice to the Buyer.

 

RISK AND PROPERTY

6.1       Risk of damage to or loss of the Goods shall pass to the Buyer at the time of delivery.

6.2       Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Conditions, the property in the Goods shall not pass to the Buyer until the Seller has received in cash or cleared funds payment in full of the price of the Goods.

6.3       Until such time as the property in the Goods passes to the Buyer (and provided the Goods are still in existence and have not been resold), The Seller shall be entitled at any time to require the Buyer to deliver up the Goods

 

WARRANTY

7.1       The Seller will rectify any defects to the Goods arising out of faulty materials or workmanship for a period of 12 months following installation

 

7.2       The above warranty is given by the Seller subject to the following conditions:

 

i)          The Seller shall be under no liability in respect of any defect in the Goods arising from drawing, design or specification supplied to the Buyer;

 

ii)         The Seller shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow Seller’s instructions (whether oral or in writing), misuse or alteration or repair of the Goods without the Seller’s approval;

 

iii)        The Seller shall be under no liability under the above warranty (or any other warranty, condition or guarantee) if the total price for the Goods has not been paid by the due date for payment.

7.3       The Seller shall not be liable to the Buyer, or be deemed to be in breach of contract, if the failure to perform, or delay in performing, the Sellers obligations in relation to the Goods is due to any cause beyond the Seller’s reasonable control.

 

EXTENDED WARRANTY

a.          The conditions 6.1 to 6.3 stated above apply to any extended warranty package ordered with the lift or following installation.

 

b.          The extended warranty is non refundable by the Seller should the lift no longer be required after installation   

 

CANCELLATION POLICY
a.            Goods Cancelled Prior to Installation

i)              If the product  has not been manufactured;

We will refund any money paid by you as a deposit, less the cost of administration and any material costs which we incurred up to the date of cancellation.  If the costs incurred exceed the deposit, we will be unable to make any refund.

 

ii)            If the lift has been manufactured;

We are unable to refund any deposit paid. Depending on the stage of manufacture a further payment may be required from the buyer to cover the Sellers costs for materials which we cannot re-use.

 

The cost of installation and warranty will be deducted. If subcontract works have been completed prior to cancellation then these items will be chargeable by the seller.

 

b.           Goods cancelled after installation, Prior to Payment

Following installation, the full cost quoted for the Goods is due for payment as per the payment terms stated above

 

BUY-BACK POLICY
The Seller is not obliged to buy-back goods under any circumstances but may make an offer to the Buyer upon request