Terms & Conditions

31 December 2014

LIFTMASTER LTD (SELLER & SERVICE PROVIDER) TERMS AND CONDITIONS FOR THE SALE / REPAIR OF GOODS Orders and Specifications 1 The specification for the Goods shall be those set out in the Seller's sales documentation unless varied expressly in the Buyer's order (if accepted by the Seller). 2 The Seller reserves the right to make any changes in the specification of the Goods which are required to conform with any applicable safety or other statutory or regulatory requirements or, where the Goods are to be supplied to the Seller's specification, which do not materially affect their quality or performance. Price 1 The price of the Goods shall be the price listed on an official quotation, or order confirmation document, at the date of acceptance of the Buyer's order or such other price as may be agreed in writing by the Seller and the Buyer. 2 Where the Seller has quoted a price for the Goods other than in accordance with the Seller's published price list the price quoted shall be valid for 30 days only or such lesser time as the Seller may specify. Payment 1 The Buyer shall pay the price of the Goods, either in advance, or as agreed at the point of sale, or within 30 days of the date of the Seller's invoice in accordance with such credit terms as may have been agreed in writing between the Buyer and the Seller in respect of the Contract. Receipts for payment will be issued only upon request. Delivery 1 The Delivery Date is approximate only and time for delivery shall not be of the essence unless previously agreed by the Seller in writing. The Goods may be delivered by the Seller in advance of the Delivery Date upon giving reasonable notice to the Buyer. Consequential Losses 1 The seller is not responsible or liable for any consequential loss or costs incurred due to the failure or malfunction of any equipment or goods supplied, which have affected the buyer’s business. Nor is the seller responsible or liable for any costs incurred or loss of business due to the unavailability or delay of any components required to repair the equipment / goods. Non-Delivery 1 If the Seller fails to deliver the Goods or any of them on the Delivery Date other than for reasons outside the Seller's reasonable control or the Buyer's or its carrier's fault the Seller shall have no liability in respect of such late delivery; Installation of Equipment 1 With the exception of Delivery Notes marked ‘delivery only’ or with a carriage fee the cost of the product includes installation, at a pre-prepared site. If the site is not prepared and we are unable to install when our engineers arrive on site we reserve the right to charge an additional fee, or return visit / cancelled visit fee. 2 Where a prior site inspection has been carried out by the seller, the seller can only provide an opinion, based on a visual assessment at the time of the proposed installation area, this includes any flooring, fixings or stanchions the equipment may be located or fixed to, such opinion is not a full structural assessment or report, these would be the responsibility of the buyer to arrange. The seller is not responsible or liable for the failure or subsequent future failure of any flooring, fixings or stanchions the equipment maybe located or fixed to. 3 The final connection to a mains electrical supply is the responsibility of the buyer, where applicable. Equipment Warranty 1 The buyer / end user must conform to the correct procedures regarding equipment warranty. In order for an effective warranty claim to be accepted the buyer will be asked to provide proof of purchase and maintenance records where applicable. 2 The buyer must make the seller aware of any warranty issue, prior to them carrying out repairs, so these may be authorised 3 Warranty exclusions: Defects caused by wear, abuse, misuse, improper installation, incorrect voltage or lack of required maintenance or operation as described in the operating manual. Damages resulting from the buyer / end user’s neglect or failure to operate products in accordance with instructions provided in the operating manual. Damaged caused by over loading of equipment beyond rated capacity. Use of equipment where any safety devices are not functioning or engaged correctly. Items considered general wear items, such as rubber pads, lifting cables, unless wear or failure is a direct result of manufacturer defect. Damage caused by weather conditions, corrosive environments or other contaminants, fire, theft and natural disaster. Rusted components due to improper maintenance or corrosive environments. Unauthorised changes to the structure or components. 4 The seller is not responsible or liable for any consequential loss, damage or expense that may result from any defect, failure or malfunction of the equipment / goods, or any losses incurred due to a component supply problem. 5 The seller will transfer the benefit of any guarantee / warranty given by the manufacturer of the equipment or its components, to the end user / buyer, once the seller has received such credit / confirmation from the manufacturer. Repair Contracts / Service Repairs Carried out by the Seller / Service Provider 1 The seller / service provider guarantee to attend and service all equipment under contract as per a written work schedule 2 Additional charges will be submitted by the seller / service provider for any labour or parts incurred for all necessary work over and above the specified contract / schedule. Full authorisation will be obtained prior to any additional repairs being carried out 3 The seller / service provider during the routine inspection of equipment will advise on any items which will need further attention and failed inspection. A price will be provided to repair or replace. 4 Service contracts & Schedules do not include repairs to equipment that has been misused or abused, such repairs would be classed as ‘additional’ and carry extra charges 5 The seller / service provider cannot guarantee / warrant any parts / components used for repairs, but will transfer the benefit of any guarantee / warranty given by the component manufacturers themselves, to the buyer / end user 6 Service contract prices will remain for a period of 12 months from the date of acceptance of the proposal. Additional repairs over and above the contract will be invoiced and are subject to a 30 day net payment, unless otherwise agreed or discussed. 7 The seller / service provider shall not be responsible or liable for failure or malfunction of equipment after repairs have taken place. 8 In certain cases a more detailed service contract will be drawn up between the seller / service provider and the buyer / end user – this should be referred to in all cases where applicable Risk and Retention of Title 1 Risk of damage to or loss of the Goods shall pass to the Buyer when the Goods are delivered at the Buyer’s premises, the time when the Seller notifies the Buyer that the Goods are available for collection; or 2 Notwithstanding, legal and beneficial title of 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 and any other goods supplied by the Seller and the Buyer has repaid all moneys owed to the Seller, regardless of how such indebtedness arose. 3 The Seller reserves the right to repossess any Goods in which the Seller retains title without notice. The Buyer irrevocably authorises the Seller to enter the Buyer’s premises during normal business hours for the purpose of repossessing the Goods in which the Seller retains title and inspecting the Goods to ensure compliance with the storage and identification requirements. 4 The Buyer’s right to possession of the Goods in which the Seller maintains legal and beneficial title shall terminate if; 4.1 The Buyer commits or permits any material breach of his obligations under these Conditions; 4.2 The Buyer enters into a voluntary arrangement under Part 1 of the Insolvency Act 1986, or any other scheme or arrangement is made With his creditors: 4.3 The Buyer is or becomes the subject of a bankruptcy order or takes advantage of any other statutory provision for the relief of insolvent debtors; 4.4 The Buyer convenes any meeting of its creditors, enters into voluntary or compulsory liquidation, has a receiver, manager, administrator or administrative receiver appointed in respect of its assets or undertaking or any part thereof, any documents are filed with the court for the appointment of an administrator in respect of the Buyer, notice of intention to appoint an administrator is given by the Buyer or any of its directors or by a qualifying floating charge-holder (as defined in paragraph 14 of Schedule B1 of the Insolvency Act 1986), a resolution is passed or petition presented to any court for the winding up of the Buyer or for the granting of an administration order in respect of the Buyer, or any proceedings are commenced relating to the insolvency or possible insolvency of the Buyer. Buyer's Default 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:- 1.1 Cancel the order or suspend any further deliveries to the Buyer; 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 1.3 Charge the Buyer interest (both before and after any judgement) on the amount unpaid, at the rate of two per cent per annum above our current bank’s base rate from time to time, until payment in full is made (a part of a month being treated as a full month for the purpose of calculating interest). 2 This condition applies if:- 2.1 The Buyer fails to perform or observe any of its obligations hereunder or is otherwise in breach of the Contract; or 2.2 The Buyer becomes subject to an administration order or makes any voluntary arrangement with its creditors (within the meaning of the Insolvency Act 1986) or (being an individual or firm) becomes bankrupt or (being a company) goes into liquidation; or 2.3 An encumbrancer takes possession, or a receiver is appointed, of any of the property or assets of the Buyer; or 2.4 The Buyer ceases, or threatens to cease, to carry on business; or 2.5 The Seller reasonably apprehends that any of the events mentioned above is about to occur in relation to the Buyer and notifies the Buyer accordingly. FULL TERMS AND CONDITIONS ARE AVAILABLE ON REQUEST