The equipment will be your responsibility from the time it is delivered to your address. If, through no fault of ours, the equipment is damaged or destroyed after it has been delivered but before completing the installation then, if asked, we will endeavour to repair or replace it, having told you of the additional cost involved.
We may end the contract at any time by writing to you if :-
- The Seller shall not be under any liability to the Buyer in respect of any failure to perform or delay in performing any of its contractual obligations to the Buyer attributable to any cause of whatsoever nature beyond the Seller's reasonable control (including, without limitation, act of God, war, riot. fire, flood, strikes and lockouts. Government action or regulations (UK or otherwise), delay by suppliers, accidents and shortage of materials, labour or manufacturing facilities) and no such failure or delay shall be deemed for any purpose of these Conditions to constitute a breach of contract.
- Should the Seller be prevented from delivering Goods in circumstances referred to in clause 10.1, it shall give the Buyer notice of this fact as soon as is reasonably practical after discovering it
- If delivery is prevented by circumstances referred to in clause 10.1 for a period of 3 months after notice is given pursuant to clause 10.2, either party may by written notice to the other cancel the contract. Upon such cancellation, the Seller will refund any payment which the Buyer has already made on account (subject to deduction of any amount the Seller is entitled to claim from the Buyer) but the Seller will not be liable to compensate the Buyer for any further loss or damage caused by failure to deliver.
After completing [your lift installation / lift service] we will have accumulated information, papers and documents; this is how we deal with them:
- We are entitled to keep all your information, papers and documents while there is money owing to us for our charges and expenses.
- We will retain all of your information, papers and documents during the continuance of your aintenance contract.
- We will archive electronically or manually our file of papers (except for any of your papers that you ask to be returned to you) and keep them for six years. If we retrieve papers or documents from storage in relation to continuing or new instructions to act in connection with your affairs, we will not normally charge for such retrieval.
Under the Data Protection Act 1998, we are required to inform you that the services provided by EMS Ltd will inevitably involve our collecting and processing personal information about you and disclosing that information to employees, agents and other persons involved in the installation and / or servicing of your lift. From time to time, we may also write to you in connection with other services we provide and which we think may be of interest to you.
We are under a duty to you to keep all information relating to your affairs completely confidential unless authorised by you to disclose information to someone else. However, we may sometimes have other duties and obligations which affect our obligations to you, for example we are obliged to disclose to the National Crime Agency any suspicions we may have regarding money laundering or terrorist activities and this will override our duty of confidentiality to you.
The firm’s registrable particulars under section 16 of the Data Protection Act 1998 are as follows:
- EMS Lifts Limited: Registration Number Z1514935
- Data Controller is Richard Lilly
- Personal data processed may include personal details, family details, good and services, financial details, business details, education and employment details
- We process personal information to enable us to provide the appropriate services to you.
- The data may be shared with family, associates or representatives of the client, current, past or prospective employers, healthcare professionals, social and welfare organisations, business associates, trade associations, professional bodies, suppliers and service providers, regulatory authorities, complainants, financial organisations, debt collection and tracing agents, credit reference agencies, courts and tribunals
- It may sometimes be necessary to transfer personal information overseas. When this is needed, information is only shared within the European Economic Area (EEA) and will be in full compliance with all aspects of the Data Protection Act.