Terms & Conditions
DEFINITIONS – In these conditions, the “Company” shall mean Mobilitybase. The “Purchaser” shall mean the Company or person that places an order with the Company or otherwise agrees to buy Goods from the Company. The “Goods” shall mean all or any of the Goods which from time to time the Company offers for sale and which form the subject matter of the Contract. The “Contract” shall mean the Contract on these Terms and Conditions of Sale for the sale of the Goods by the Company to the Purchaser.
VALIDITY – Unless previously withdrawn, the Tender is open for acceptance within the period stated, or within 90 days after its date where no period is stated.
GENERAL – Terms or conditions stipulated, incorporated or referred to by the Purchaser are not to be varied or annulled, unless expressly agreed in writing by the Company.
MOBILITYBASE PAYMENT TERMS – (i) The customer shall pay 100% of the price due to the Company 30 days from date of installation in relation to the order upon completion of installation. (ii) Interest on overdue accounts shall be paid at the rate of 8% above the Bank of England base rate, accruing daily. If the Customer shall fail to pay promptly, he shall lose the benefit of any previously agreed discount. (iii) In spite of delivery of the Goods, ownership of the Goods delivered by the Company shall only be transferred to the Customer when the Customer has met all that is owing to the Company on whatever grounds. (iv) The Customer shall pay all accounts in full and not exercise any rights of set-off or counter-claim against invoices submitted.
SPECIFICATION – Any/all specifications, drawings and particulars submitted together with the Tender are approximate and the descriptions and illustrations contained in the Company’s advertisement matter are only intended as a general description of the Goods therein and shall not form part of the Contract.
DELIVERY OF GOODS – In the case of delivery to site, any claim for shortage of delivery, loss of Goods or damage in transit will only be entertained if, in the case of shortage of delivery or damage in transit, a separate notice in writing is given to the carrier concerned within 3 days of delivery and to the Company within 7 days of receipt of Goods, followed by a complete claim in writing to the carrier and the Company within 14 days of receipt of Goods. In the case of loss of Goods, notice in writing to be given to the carrier concerned and the Company and a complete claim in writing made 21 days of the date of the consignment. Where Goods are accepted from a carrier without being checked, the delivery book of the driver must be marked “not examined”.
DELIVERY AND COMPLETION – Estimated times for delivery and completion shall run from the date of receipt of written order or, if later, from the receipt of any such information, drawings, licenses, permits and approvals as may be necessary to allow the work to proceed. The Company will Endeavour to meet all required delivery dates but failure to do so will not entitle the Purchaser to claim damages from the Company in respect thereof nor rescind the contract. If, due to circumstances beyond the control of the Company, the Purchaser cannot accept delivery of the Goods upon the agreed delivery date, or is otherwise unable to grant access to the Company to the side, the Company reserves the right to recover any cost incurred and/or to continue to manufacture Goods and deliver them to storage in accordance with clause 8.
OVERTIME – Unless specifically mentioned to the contrary, in writing, the Tender is based on the assumption that all work shall be carried out in the normal working hours of the Company, and only if agreed, any overtime worked shall be added to the costs as an equal amount to the appropriate costs, overhead charges and profit.
PASSING OF RISK – The Goods or any part thereof shall be at the sole risk of the Purchaser from the time that they are delivered, in accordance with the terms of the Contract, whether or not accepted by the Purchaser. Where the Purchaser is unable to accept delivery of all or any part of the Goods, the said risk shall pass to the Purchaser on the notification that the Goods are ready for despatch. Once the risk has been passed to the Purchaser as aforesaid notwithstanding any other provisions herein such risk shall be incapable of being passed back to the Company.
PATENTS – The Purchaser warrants that any design or instruction furnished or given by it shall not be such as to cause the Company to infringe any letter patent, registered design or trademark in the execution of its order.
GENERAL LIABILITY – Save in respect of death or personal injury caused by the negligence of the Company it shall not, either before or after handling over the Goods to the Purchaser, be liable for any loss and/or damage caused by or arising from the use of any Goods otherwise than in accordance with instructions given by the Company from time to time as to its operation and maintenance, and shall not, in any event, be liable for any loss arising out of any cause beyond its reasonable control. The Purchaser shall not use or permit to be used the whole or any part of the Goods supplied under this contract before they have been completed, installed, tested and handed over. If such Goods or any part of them are so used the Purchaser shall indemnify the Company against any liability that should be incurred by the Company to any person whether arising directly or indirectly from such use. Notwithstanding any other provision of the Contract, the Company shall not be liable to the Purchaser by way of indemnity or by reason of any breach of contract or of statutory duty by reason of tort (including but not limited to negligence) for nay loss of profit or income or for any indirect or consequential damage whatsoever may be suffered by the Purchaser.
INSTALLATION – Any extra costs incurred, due to suspension of work as a result of instructions received from the Purchaser, the lack of such instructions, interruptions, delays, overtime, unusual working hours, and additional work or variations or work for which the Company is not responsible or mistakes or any other causes outside the Company’s control, shall be added to the Contract price and be paid by the Purchaser in accordance with clause 10. Any such charges shall be based upon the Company’s normal rates and shall include outworking and lodging allowances where appropriate. The price stated in the Tender is based on the payment of nationally agreed rates for outworking allowances and lodgings. If suitable lodgings are not available at these rates due to circumstances beyond the Company’s control the difference in cost including any extra fares incurred shall be added to the Contract price and paid by the Purchaser.
PRICE VARIATION – All quotations are based on materials and wage rates at the date of Tender and shall be subject to change in accordance with the Formula and Indices for Contract Price Adjustment (current addition) compiled by the Lift and Escalator Industry Association. The proportionate variation in such index between Tender date and dispatch date shall be applied as an increase in the Tender price. Alternatively, if the Tender so states, firm prices are quoted on the understanding that completion within the period specified is not prevented by act or omission of the Purchaser, otherwise price variation as aforesaid shall be applied in respect of over-run period. All prices will be subject to variation in respect of any additional costs arising by virtue of any statute, regulations or orders issued by any Government Department or other duly constituted authority.
Any price adjustment or charge variation referred to above may be invoiced immediately once the amount thereof has been ascertained and be payable forthwith.
The provisions of clause 10 above in respect of interest payable on overdue accounts shall be applied to any payments due under this clause should they become overdue. The Tender price, where appropriate, allows for the cost of importing materials based upon the rate of exchange, tax or duty, landing charges, dock duties, demurrage, post premiums and customs duties prevailing at the date of tender. In the event of any adjustment in such rates or costs the Company reserves the right to make an adjustment to the price.
PREVENTION OR FRUSTRATION – If the Contract becomes impossible of performance or otherwise frustrated, the Purchaser will be liable to pay the Company all costs, expenses, overheads and any loss of profit which the Company, its suppliers or sub-contractors have incurred, or for which there is liability under the Contract at the time of impossibility of performance or frustration. Any pre-payments which may have been made to the Company under this Contract shall be applied towards satisfaction of such sum as may become due to it under the foregoing provisions and the excess (if any) of such pre-payments will be refunded.
DETERMINATION – The Company shall be entitled to determine its employment under the Contract in circumstances where:
The Purchaser is in material or continuing breach of any of its obligations under the Contract and fails to remedy such breach within 10 days of receipt of written notification from the Company of such breach, and
The Purchaser makes a voluntary arrangement with its creditors or becomes subject to an administration order or goes into liquidation or an encumbrance takes possession of, or a receiver or manager is appointed over, all or any property or assets of the Purchaser or the Purchaser ceases to carry on business or the Purchaser generally becomes unable to pay its debts within the meaning of section 123 Insolvency Act 1986.
STORAGE – Where the Purchaser is unable to take delivery of all or part of the Goods within 7 days after notification that they are ready for dispatch, it shall find and pay for suitable storage, maintenance, insurance and other associated costs. If the Company’s facilities permit, it will at the Purchaser’s written request, store the goods at the Purchaser’s risk and expense.
GUARANTEE – The Company guarantees the material and workmanship for a period of one year from the date of delivery, or in the event of installation by the Company for a period of one year after the completion of the installation, subject to the terms and conditions mentioned in the clause.
Should any defect in design, workmanship or material become evident in the guarantee period which is not due to ordinary wear and tear or to improper use or care by any party other than the Company or to any other causes beyond the Company’s control, the Company undertakes to repair or exchange the defective part with all reasonable dispatch. The defective part to be returned to the Company, carriage paid by the Purchaser, and the repaired or exchanged part being returned to the Purchaser carriage paid by the Company.
The guarantee in this clause shall only apply if arrangements for normal day-to-day maintenance and adjustments by a competent engineer have been made and carried out.
The liability of the Company under this clause shall constitute its sole liability (save in respect of death or personal injury caused by the negligence of the Company) whether in Contract, tort (including negligence) or otherwise in respect of any defects in the Goods and services supplied under the Contract and any warranties or conditions implied by law are hereby expressly excluded.
At the end of the guarantee period all further liability on the part of the Company ceases.
In the case of Goods supplied by the Company but not manufactured by the Company, the Company’s liability shall be limited to such a guarantee as the Company receives from the manufacturer thereof.
LAW APPLICABLE – (i) This Contract is governed by, and shall be construed in accordance with, the laws of the United Kingdom. (ii) The Company and the Customer irrevocably agree that the Courts of the United Kingdom shall have exclusive jurisdiction to hear and determine any suit, action or proceedings, and to settle any disputes which may arise out of or in connection with this Contract and, for such purposes, the Company and the Customer each irrevocably submit to the jurisdiction of the Courts of the United Kingdom.
CANCELLATION – If the order is cancelled after the Company has accepted it, the Customer will become liable to the Company for a cancellation charge. That charge will be calculated so as to recover only the direct and indirect costs incurred by the Company in connection with the customers order setup to the time of the receipt of notification of the cancellation.
PARTS CANCELLATION
All parts orders, supplied and received by the company will require full payment without refund.
ORDER CANCELLATION CHARGES – as agreed within supply framework/contract, should no designated terms be stipulated, the following terms shall apply:
Should your order be cancelled for any reason, it will be necessary to levy cancellation charges against you in accordance with the following scale:
1. Before preparation of Builders Work Drawings £300.00
2. Following completion of Builders Work Drawings £550.00
3. 8 weeks prior to agreed delivery date 40% of order value
4. 6 weeks prior to agreed delivery date 60% of order value
5. 4 weeks prior to agreed delivery date 80% of order value
6. 2 weeks prior to agreed delivery date 100% of order value
We may revise these figures, in accordance with manufacturing progress and orders placed on suppliers, and therefore represents the maximum liability for cancellation in each element. It is recommended that you advise us at the earliest opportunity of a situation that is likely to affect the progress of your order, in order to keep these cancellation charges to a minimum.
TERMS OF PAYMENT – The customer shall pay 100% of the price to the Company 30 days from date of installation. Interest shall be paid on all overdue amounts from the date payment was due until actually made at the rate of 8% above the Bank of England base rate.
Payment, unless other wise agreed in writing by the Company shall be as follows:
- In the case of a Contract for more than one item which is not proceeded simultaneously, the terms of payment set out shall apply as though there were a separate Contract in respect of each item. Should the Purchaser not accept delivery when the Goods are tendered, payment will become due as if delivery were made. All Goods supplied shall remain the property of the Company until full payment of the Contract price and, in the event of the Purchaser failing to make payment, without prejudice to any other remedy in equity or at common law, the Company shall be entitled to enter the premises where such Goods are held and remove the same, whether installed or not. The Purchaser shall not in any way dispose of Goods supplied by the Company in respect of which payment has not been received in full. Notwithstanding any other provisions of the Contract the Company may at its discretion require payment with order or against pro-forma invoices.