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Terms & Conditions

Conditions of sale
1 These Conditions of sale set out all the rights and responsibilities of the parties and apply to the agreement (“the Agreement”) between the customer whose details are set out overleaf (“the Customer”) and Mobility Plus Bathing Limited (“the Company”) and any variation to the Agreement made in accordance with these Conditions. The Company intends to rely on these terms. If any alteration, variation or addition to the Agreement is required it should be evidenced in writing and signed by both the Company and the Customer.

2 The price quoted within this Agreement will be valid for a period of three months from the date of the Agreement (“the Price”) and is exclusive of VAT which will be charged, where applicable, at the prevailing rate at the date of this Agreement. If installation shall take place later than this period through no fault of the Company, the Company may increase the Price. The Price stated is for the installation work (“the Works”) and / or the supply of the goods (“the Goods”) specified in the signed Agreement form only. The Advisor will produce a design specification (“the Specification”) and a plan drawing of the Goods (“the Plan”). These are for information purposes only and will be verified by the Company’s surveyor who will conduct a technical survey at an agreed time.

3 Upon signature of the Agreement the Customer must pay 50% of the Price (“the Deposit”) to the Company. Subject to the Customer's rights for cancellation of this Agreement under the Consumer Credit Act, 1974 (where applicable) once the Goods are ordered the Customer can not cancel this Agreement unless the Company is in breach of its obligations to the Customer. This is because the Goods are all individually manufactured or ordered to the Customer’s specification. The Company may retain a reasonable amount of the Deposit to cover costs and expenses incurred by the Company in the event that the Customer cancels or purports to cancel the Agreement otherwise than as a result of the Company’s breach of its obligations.

4 The Company will do its best to complete the Works and supply the Goods described in this Agreement on or within the specified dates agreed between the Customer and the Company. In the case of unforeseen circumstances beyond the reasonable control of the Company, the Company reserves the right to re-schedule such supply and installation and shall contact the Customer to agree an alternative date. Time for delivery is not of the essence of this contract. Any periods quoted for delivery or installation are for guidance only.

5 The Customer will also do all that he/she reasonably can to enable delivery of the Goods and/or completion of the Works to take place on the given date. In cases of unforeseen circumstances beyond the reasonable control of the Customer, the Customer may not be able to do so. In such circumstances the Customer will contact the Company and agree an alternative date.

6 The Customer is responsible for ensuring that the existing hot and cold water systems are sufficient in capacity and pressure to provide a suitable level of water without modification. The Customer is advised to obtain a full survey of the water system to ensure this is the case before the Works begin if in any doubt. Where such modification is required, the Company will provide a quotation for carrying out such works but the Company is not automatically responsible for undertaking this work and shall not be responsible for the costs. The survey conducted by the Company is not intended for the purpose of identifying such problems.

7 If the Goods ordered by the Customer require the supply of electricity the Customer is responsible for ensuring that the existing supply of electricity and other electrical requirements are safe and suitable for the works required without modification. The Customer is advised to obtain an electrical survey of the premises to ensure this is the case before the Works begin if in any doubt. Where such modification is required, the Company will provide a quotation for carrying out such works but the Company is not automatically responsible for undertaking this work and shall not be responsible for the costs. The survey conducted by the Company is not intended for the purpose of identifying such problems.

8 The Customer is responsible for ensuring that the structure and condition of the premises are suitable. The Customer is advised to obtain a full survey of the premises before the Works begin if in any doubt. The survey conducted by the Company is not intended for the purpose of identifying such problems.

9 If the Works are impossible as a result of the unsuitability of the water supply, electrical supply or the structure or condition of the premises and the Customer is unable to rectify the problem the Company may terminate the Agreement and shall on request supply written reasons to the Customer. The Company will return any sums paid to the Customer less its reasonable costs and expenses. If the Works are delayed as a result of the problems, the Company shall not be responsible for the delay or any losses or costs associated with the delay to the Works or remedial work unless caused by the negligence of the Company.

10 The Company will not be liable under this Agreement for any loss or damage caused by it, its employees or agents in circumstances where there is no breach of a legal duty of care owed to the Customer by the Company or by any of its employees or agents; or such loss of damage is not a reasonably foreseeable result of the breach; or the loss or damage results from a breach by the Customer of any term of this Agreement; or the loss is a business loss to the Customer; or the loss is not caused by the Company or its employees or agents.

11 Nothing in this Agreement shall limit the Company’s liability for death or personal injury caused as a result of the Company’s negligence or for fraudulent misrepresentation.

12 The Company will conduct the Works with reasonable skill and care.

13 The Company will repair or replace, free of charge, any item which proves defective as a result of faulty material or workmanship within one year of the date of the Works. Door seals have a 10 year guarantee. Damage due to accident or misuse and faults or premature deterioration resulting from the Customers failure to carry out reasonable maintenance is not covered by this warranty. This condition covers the full liability of the Company in respect of disputes and the Company shall not be liable for consequential loss of any nature. The Company reserves the right to charge the costs of service calls at any time. The Company will try to hide cables and pipework, but cannot guarantee this will be the case and goods will be fitted to adjacent services only. The Customer must ensure the necessary utilities are available.

14 Without prejudice to any other rights of the Company, upon failure by the Customer to make payments on the due date the Company reserves the right to claim interest on sums outstanding at a rate of 3% above the base rate of Barclays Bank plc form time to time in force. Interest will be charged on a daily rate. Any minor adjustment or rectification which may be necessary after installation shall not be a reason for withholding payment or payment authority of monies due.

15 It is a condition of this Agreement that the Customer will allow the Company free and unrestricted access at all reasonable times to carry out all works and surveys relating to the installation.

16 The Company cannot be responsible for minor blemishes that are normal in the type of Goods or are part of manufacturing processes in the production of the Goods. Please note there may be pattern, shade and grain variations in some of  the Goods, particularly those made from natural materials.

17 Any claim for damage resulting from or consequential upon the installation of the work detailed on the Contract must be notified to the Company as soon as reasonably possible. The Company cannot be held responsible for any alleged damage which has not been notified in this way. Non-notification cannot be used as an excuse for non-payment. The Company recommends that notification is made in writing.

18 The Company retains full control of the production and installation of the Goods. The Customer agrees that the Company may make minor modifications to the Specification for the Goods (that is, modifications which do not materially affect the appearance, design or quality of the Goods) and to the Plan design of the Works at its discretion. The Company need not tell the Customer that it has done this. If a major modification is necessary the Company will inform the Customer and agree the matter with them in accordance with the above conditions.

19 (a) Following the Company's technical survey, the Company reserves the right to make any alterations to the Specifications and the Plans which in the opinion of the Company would facilitate the proper execution of the work.

(b) If the Company is of the opinion following such survey that the Specifications, Plans or any other parts of this Agreement should be altered, then the Company will discuss the matter with the Customer and the following provisions shall apply.

  • If the parties agree on the necessary Variations, these variations will be recorded in writing by completion of a form of Agreement Variation. This variation in all respects shall be governed by these conditions of sale. This Agreement Variation shall be signed by the parties.
  • If the parties cannot agree on the necessary variations, the Company reserves the right to terminate this Agreement forthwith by written notice to the Customer.

20 If for any reason beyond the Company’s reasonable control, the Company is unable to supply a particular item, the Company will notify the Customer. With the agreement of the Customer the Company will replace it with an item of equivalent or superior standard but similar value.

21 Payment of the balance of the Price shall be made on delivery of the Goods where the Agreement is for supply only. Payment of a further 45% of the Price shall be made on delivery of the Goods where the Agreement is for supply and the Works. The balance of 5% shall be paid immediately in cleared funds following completion of the Works.

22 All Goods and materials supplied shall remain the property of the Company until the total Price inclusive of any interest due thereon in accordance with this Agreement is paid to the Company, and the Customer agrees that the Company has the right to remove such Goods (or require the customer to make the Goods available) and materials from the Customer's possession or control in that event. The Customer will not legally own the Goods until the balance of the Price is made by the Customer to the Company and until such time, the Customer shall keep the Goods in good repair condition and properly protected and insured. The Goods are not warranted / guaranteed until payment is received in full.

23 On delivery or collection, the risk of any loss or damage to the Goods becomes that of the Customer.

24 Where the Company has agreed to only supply the Goods, the Company guarantees that the Goods will be of satisfactory quality for a period of one year. The Company is not responsible for the installation of the Goods and any installation of the Goods is the responsibility of the Customer. The Company shall not be responsible for any damage or loss in respect of the Goods arising out of or associated with any such installation of the Goods by the Customer.

25 The Company will clear away and dispose of any debris created by the Works or remedial work undertaken by the Company within 7 days and will leave the premises in a clean and tidy condition.

26 Nothing in this contract confers or purports to confer on any third party any benefit or any right to enforce the terms of this contract.

27 Any agreed changes by the Company to the original terms of the contract will be on the understanding that such changes do not infringe on the Company's full rights under the original contract terms and does not prevent the Company from exercising those rights at any time.

28 Personal loan facilities are offered by the Company, through a Finance Company. The Company reserves the right not to offer or arrange this facility. In the event that the Company undertakes to arrange this facility the Agreement shall not become binding until an Agreement has been entered into between the Finance Company and the Customer for these facilities where a personal loan is acceptable. The Customer undertakes where such personal loan facilities are sought, to give any such information and help promptly as the Finance Company may require. In the event that such personal loan facilities are denied by the Finance Company the Company undertakes to refund any deposit paid by the Customer and this agreement will be void.

29 The Customer acknowledges that the Company is hereby authorised to forward personal details (as provided by the Customer for the purposes of obtaining a loan to purchase the Goods) to such third party lenders as the Company sees fit without further reference to the Customer, unless and until the Customer notifies the Company in writing. The Customer further acknowledges that any refusal by any lender to approve a loan and that multiple credit rating search by the different potential lenders may affect the Customer’s credit rating.

30 The Company shall have no obligation to supply the Goods or the Services if the Customer has failed to obtain a personal loan from a third party finance company in respect of the sums to be paid under this contract or in the Company's reasonable opinion any financial status check carried out on the Customer is unsatisfactory. In such circumstances, the Company may terminate this Agreement.

THE TERMS AND CONDITIONS OF THIS AGREEMENT SHALL NOT BE CONSTRUED SO AS TO AFFECT THIS STATUTORY RIGHTS OF THE CUSTOMER

YOU SHOULD CONSULT A SOLICITOR OR YOUR LOCAL CITIZENS ADVICE BUREAU IF YOU HAVE ANY QUESTIONS REGARDING THESE TERMS THAT ARE NOT SATISFACTORILY ANSWERED BY THE COMPANY.

Mobility Plus Bathing Ltd, Independence House, Burdon Way, Stokesley, North Yorkshire TS9 5PY
tel. 0800 077 6212