| The following terms and conditions for the sale of goods (‘The Conditions’) will govern all contracts for sale that we enter into with you, the Customer, to the exclusion of all other terms and conditions. Please read these Conditions carefully. These Conditions do not affect your statutory rights. The ‘Company’ is Wheelie Good Mobility The ‘Customer’ means the person, firm or company buying goods from the Company to whom goods are to be invoiced (unless the context otherwise requires) and any person to whom the benefits of the goods may be delivered. The’ Goods’ are products listed on the Company’s website, catalogue or elsewhere on behalf of Wheelie Good Mobility. 1. Orders 1.1 There is no minimum order value 1.2 All orders will be sent to the billing address, unless stated on the order form 1.3 The specification of products in this catalogue is listed as VAT exempt and it is the customer’s responsibility to complete a VAT exemption form and criteria for exemption is met, otherwise VAT is chargeable. This form must be completed within 28 days of order. 1.4 All orders are subject to availability. If a product is unavailable, the Company will notify the Customer and will offer a similar product if available. 2. Quotations 2.1Any estimate or quotation shall compromise an invitation to treat and will remain open for 4 weeks provided the Company has not previously withdrawn it. 3. Specification 3.1Every effort is made to ensure our catalogue contains descriptions and illustrations, which are true and accurate. The reproduction of colour is as accurate as photographic and printing processes allow. Due to our policy of continual improvement, we may withdraw products, which vary, from those described. 3.2 The Company reserves the right to amend the specification, picture or design without prior notice. 3.3 Should you require extra specification that is not listed, please contact us. 4. Prices 4.1All prices exclude VAT at 20% (as of March ’11) and those products that are VAT chargeable are usually stated. 4.2 The Company reserves the right to charge VAT on any product that has been displayed as VAT exempt. 4.3 The Company reserves the right to vary the price of Goods to take account of any increases in the cost of raw materials, manufacture, packing, transport, wages or otherwise stated. 4.4 Prices charged will be those effective at the date of receipt of the Customer’s order 4.5 Prices quoted supersede any previous prices quoted 4.6 On orders like stair lifts or bespoke chairs, there may be additional charges. Although every effort is made to avoid unseen charges, we will endeavour to inform you as soon as we see there’s a problem. 5.Payment 5.1 For all items excluding stairlifts and bespoke chairs, full total must be paid on order. Failure to comply with all staggered payments and breaching the sales agreement on order with the Company or their affiliates will result in the removal and resale (to recover the Company’s losses) of the Goods. This is particular to bespoke items. Cases are subjective and may differ, i.e. for long distances a deposit can be taken and payment can be made on delivery. This is on the discretion of The Company. 5.2 The Company does not offer or will ever at this stage create credit accounts on a general basis. There may be rare cases where this is an exception. 5.3 Payment can be made via cash, most credit and debit cards or cheque. 5.4 Orders will not complete until funds are cleared. Please allow extra time for cheque clearing, goods will be dispatched once funds are clear. 5.5 The Company reserves the right to charge card handling / card processing charges if the prices from the payment services increase. Currently it is free to use a card with us. 5.6 All payment terms for baths, stairlifts and bespoke chairs are stated by case and have separate terms. 6. Delivery 6.1Delivery is free on all NEW items to UK Mainland. For Islands and Highlands, there is a surcharge, but based on individual cases and weight of items. 6.2 Used items are charged delivery separately. In the South East, used item delivery is free. Elsewhere It is subjective to weight and distance. 6.3 Free delivery Is courier drop-off delivery. For personal installation and delivery, unless it is included (i.e. with armchairs) there Is a charge dependant on distance and weight. 6.4 Home demonstration is only available within a 60 mile radius of Dart ford. This is a free service and is for USED products such as: scooters, power chairs, powerpacks, rise and recline chairs, unless we have demonstration models of new items. 6.5 Batteries are delivered free and are not installed. Installation in the SouthEast is the same price as standard call-out. 6.6 Although we try and be prompt with our deliveries, we may have a slight delay. If this is the case, we will be sure to contact you as soon as we spot an issue. 6.7 The Company reserves the right to change the price of delivery on all products at any time if it is seen that the product delivery price is under the cost of sending it and would be of a loss to the Company. 6.8 Deliveries which have a home demonstration service added may still receive their goods by courier if we are unable to deliver. The demonstrator will arrive separately on the delivery day to help you unpack. 6.9 All goods to be delivered to billing address, unless stated by the customer 6.10 Stated availability times are no more of an estimate on the part of the Company and are not binding, which shall not be liable for any costs or damage caused by reason of delay in the availability of goods and their delivery. 6.11 Some products are not dispatched by us and will include their own delivery note. We will post your receipt separately. 6.12 Some deliveries are from an outsourced courier service. The Company is not accountable for their policies, actions, misdemeanors, accidents or misrepresentation. Should a problem occur, please contact us immediately. Should the delivery company incur costs, claims can be made through the Company. The Company is accountable for the Customer’s safety and satisfaction in such matters and will strive to resolve any problems as accidents can happen. 6.13 Any Goods delivered in surplus are owned by the Company and must be returned. The Company will cover the cost and the Customer takes safe custody until collection from a courier. 6.14 If a delivery is refused without justification, permission or prior knowledge by The Company, a 25% charge is implicated to the Customer. 7.Cancellations and Returns 7.1 All cancellations must be raised with the company before the 7 day period. 7.2 If there is no approval granted for a cancellation, the Company reserves the right to charge 50% of the order value if the item has been dispatched. This delivery must be returned to the Company at the cost of the cancelled Customer. 7.3 If a delivery or installation of a product is over time, the customer cannot cancel their orders without paying the total balance if the delivery or installation has commenced already. 7.4 Unwanted or disliked products can be returned at the cost of the Customer within 7 days from the delivery date with ALL packaging and accessories or will be subject to charges. Outside of this time is at our discretion.
7.5 If Goods are damaged in transit the Company will either refund the Customer or send an alternative of equal or lesser value and refund the
difference.
7.6 The Company reserves the right to charge for repair, replacement or repackaging of any products not returned in their original condition. This charge may include the cost of parts, materials, packaging, labour and any subsequent loss to the Company.
| agreed with the Company. 7.8 Made to measure items are non returnable.
8.Warranty 8.1 Unless stated, a 12 month guarantee applies to all NEW products, started from the date of delivery, under the manufacturer’s guarantee. This EXCLUDES batteries, unless faulty. This warrants that the Goods shall at the time of deliver correspond to the specifications published by the Company when used for purposes for which goods of that type are normally used. The Company warrants that the Goods are of merchandisable quality. If goods do not conform with this quality, these options apply: i) Repair the goods at cost to the Company ii) Replace the goods at the cost of the
Company iii) The Company will refund the Customer 8.2 The Company can issue full warranty details on different brands as their individual policies can vary. 8.3 Sometimes the supplying company can have delays in issuing parts or labour. The Company is not responsible for such delays or anything that may result in such delays, such as losses or injury. 8.3 In the case of a malfunction after the 12 month warranty period has expired, it is at the Customer’s expense to get any mobility scooter or powerchair repairs made, unless covered in relevant extended warranty plans or insurances, or still covered by a separate warranty issued by the manufacturer. These individual warranties can be available via request. 8.4 Warranties of 12 months do NOT include servicing of scooters, powerchairs, chairs, powerstrollers and wheelchairs. 8.5 In the case of used scooters, the Company offers a 3 month warranty. This covers repairs under the 90 days and extended warranties can be purchased. Warranty repairs consist of mechanical failure only. Accidental or malicious damage to bodywork or seating is not covered in this warranty. The Company reserves the right to refuse repair on Goods if it is deemed purposeful or outside the realms of what would be considered ‘mechanical failure’. Warranties that cover malicious damage are available to buy from the Company. 8.6 Battery failure can occur, but this could be due to various other issues before being deemed at the fault of the manufacturer. Refunds and replacements of faulty batteries are assessed by individual case, and terrain, overuse, overcharging and lying dormant can also cause failure. Correct charging advice is available. 9. Passing of Risk 9.1 The risk of Goods shall pass to the Customer when the Goods are tendered for delivery at the delivery point specified in the Order. In the event that Goods are collected from the Company, the risk is transferred upon load of the product into the Customer’s vehicle or an agent of their choice. This coverall Goods. 9.2 The Company strongly advises all Customers to get insurance on their goods. The Company accepts no risk of injury, accident, damage, or death to anyone who has received their product and has refused or bought insurance. 9.3 The Company accepts no liability for those choosing to uninsured their product, either on the advocating of such policies or any incident involving the Goods. 10. VAT Exemption VAT Reliefs for Disabled People, HMRC Sept. 2008 Ref: 701/1 10.1 The Customer must meet one of the following criteria:- A person is “chronically sick or disabled” if he/she is a person: a) With a physical or mental impairment which has a long-term and substantial adverse effect upon his/her ability to carry out everyday activities; or b) With a condition which the medical profession treats as a chronic sickness, such as diabetes; or c) Who is terminally ill d) Be a charitable organisation e) Be a certain healthcare body, hospital with charitable funds (Under separate rules: for more information see VAT Notice 701/6 Charity funded equipment for medical, veterinary etc.) 10.2 The government rules do NOT include a frail elderly person who is otherwise able-bodied, or any person who is only temporarily disabled or incapacitated, such as with a broken limb. 10.3 It is the Customer’s responsibility to complete a VAT exemption form or will subject to charges at 17.5% as stated from HMRC. 10.4 The Customer may pay VAT and reclaim themselves. 11. Disputes and Set Offs 11.1 Any liability of the Company under this contract shall be subject to and conditional upon the due performance and observance by the Customer of all its obligations under these conditions. Subject to these conditions the Customer shall not be entitled to withhold or delay payment or exercise any right or set-off whatsoever and howsoever arising or arisen which might otherwise be available to it. 12. Copyright 12.1All copyrights shall remain the property of the Company or the Company’s suppliers in agreement of their images on catalogues, leaflets or online. The Wheelie Good Woman Logo and other branded material are covered under intellectual copyright laws. If there is a case of plagiarism, Image use or duplication of Wheelie Good material without written consent from the Company, legal proceedings will be enforced without question. 12.2 The Customer warrants that any instructions furnished or given by the customer shall not be such as will cause the Company to infringe any letters of inventor trade mark or other intellectual property right in execution of the Customer’s order and shall indemnify the Company against all actions, processing costs, claims and such demands arising there from to the extent that such instructions lead to such infringements. 13. Government Charges 13.1 The Customer will reimburse the company for any increase in tax or Governmental charge, or for any new tax or Government charge hereafter becoming effective which the Company may be required to pay to any Government upon the sale, production, or transportation of Goods and which has the effect of increasing the cost of the Goods sold hereunder. 14. Passing Of Title 14.1 The legal title to the Goods shall not pass to the Customer until all sums due are paid. 15. Assignment and Purchase 15.1 All the terms and conditions stated in this document are agreed by the Customer and the Company. The Customer agrees this by committing to order. 16.Customer Care 16.1 In our quest for continual improvement, the Company may from time to time monitor calls, faxes, e-mail and record such correspondence with the Customer. This is for internal training purposes only and the confidentiality of our Customers and their transaction is fully protected at all times. 16.2 The Company will not forward Customer information to third parties, unless the Customer has specifically requested to do so. 17. Personal Visits and Callers 17.1 The Company regrets to state that personal calling and customer visits are not available at the Company office, warehouse, workshop or store. If the Customer is within 100 miles of London, there may be a possibility of a Company representative being able to offer a ‘Try Before You Buy’ ideal, but this is subject to location and availability. |
