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What this agreement contains
Below are the terms on which we will supply and install the equipment you have ordered. Please read these terms carefully before you submit your order as it is important that you tell us if there are any terms which you will not agree to at the time you place your order.

Who your contract is with;

  1. Below are the terms on which we will supply and install the equipment you have ordered. Please read these terms carefully before you submit your order as it is important that you tell us if there are any terms which you will not agree to at the time you place your order.

How to contact us

  1. You can contact us by telephoning 01462 499700 or by writing to us either at our trading address or to the following email: info@emslifts.com If we have to contact you we will do so either by telephone or in writing at the email or postal address you provided to us in your order form.
  2. Where we refer to “writing” or “written” in these terms, this will include emails.

How and when the contract will be formed

  1. It is important to understand that there will be no contract between us until we write to you to accept your order. In other words, the fact that you have sent us your order form does not mean that we are obliged to supply and install the equipment.
  2. There may be occasions when we are unable to accept your order for various reasons and if that occurs, we will inform you of this in writing.

The Price

  1. The price for the supply and installation of the equipment (which includes VAT unless you are entitled to claim exemption) will be the price set out in our quotation. However, circumstances may arise where we may need to change that price. For example:-
    1. If the rate of VAT changes between the date we accept your order and the date we supply or install the equipment. If that occurs, then the VAT rate will be adjusted unless you have already paid for the product in full before the change in VAT rate takes effect.
    2. There may be occasions when there has been a mistake in the price set out in our quotation. If the correct price on the date we accept your order should have been lower then we will charge the lower amount. If the correct price on the date we accept your order is higher, we will contact you for confirmation that you still wish to proceed at the higher price before we accept your order. If we accept your order and commence the process of manufacturing the equipment where the pricing error was obvious and unmistakeable and could reasonably have been recognised by you as mis-pricing, we may end the contract and refund you any sums you have paid unless you agree to accept the higher price.
    3. Sometimes relevant codes, regulations, standards or rules that apply to the manufacture of the equipment change and those changes are only published after we have accepted your order. If those changes result in an increase in the cost to us in manufacturing or installing the equipment then we will inform you of the increased cost in writing. If you are prepared to accept the increase then the price for the supply and installation of the equipment will be revised accordingly. If you reject the increased cost, then we may end this contract and will refund any sums you have paid.

Payment

  1. Unless we have specified otherwise in the quotation, you must pay 70% of the price in the quotation at the time you place your order. If, for some reason we cannot accept your order, then the full 70% will be refunded.
  2. Once we have notified you that the equipment is ready to be installed in your home, you must pay the remaining 30% of the price.

Changes to the contract

  1. If you wish to make a change to the equipment you have ordered please contact us. We will let you know if the change is possible as well as any change to the price of the equipment and the timing of the installation arising from your requested change and ask you to confirm that you wish us to go ahead. We may decide not to accommodate those changes in which case we will proceed to supply and install the equipment in accordance with the original quote.
  2. We may change the equipment either to reflect changes in relevant laws and regulatory requirements or to implement minor technical adjustments and improvements which will not affect your use of the product. If the changes mean that we have to review the price then we will contact you as we have set out above.
  3. Images, drawings and technical information about the equipment contained in any of our catalogues, price list, brochures, showroom or our website are for illustrative purposes only. We cannot guarantee for instance that the colour of a particular piece of equipment will match exactly its colour as represented.

Delivery time

  1. The estimated time to deliver and install the equipment will be stated on your quotation. That delivery period will only start to run from the point at which you have approved the drawings and specifications. Those will be supplied after the contract is made. We will contact you to agree the precise installation date once the equipment is ready to install.
  2. If no one is available at your address when we call or you do not allow us access to your property to install the equipment we will attempt to rearrange the installation date. Unless the default was of our making, we may charge you for storage costs and any further delivery costs that we may incur as a result of the delay. If despite our reasonable efforts, we are unable to contact you or rearrange installation we may end the contract.
  3. If our supply of the equipment is delayed by an event outside our control then we will contact you as soon as possible to let you know. We will take steps to minimise the effect of any delay and provided we do this, we will not be liable for delay caused by those events. If the delay is likely to be substantial, you may contact us to end the contract and receive a refund for any products that you have paid for but have not received.

Responsibility for the equipment

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.

Our right to end the contract

We may end the contract at any time by writing to you if :-
  1. 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.
  2. 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
  3. 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.

Your legal rights

  1. We are obliged to tell you that we are under a legal duty to supply equipment that is in conformity with this contract and nothing in these terms will affect your legal rights.

How we look after storage of papers and documents

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.

Personal Information

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:

  1. EMS Lifts Limited: Registration Number Z1514935
  2. Data Controller is Richard Lilly
  3. Personal data processed may include personal details, family details, good and services, financial details, business details, education and employment details
  4. We process personal information to enable us to provide the appropriate services to you.
  5. 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
  6. 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.

Other terms

  1. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
  2. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English Courts.
  3. Alternative Dispute Resolution is a process where any independent body considers the facts of a dispute and seeks to resolve it without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact an Alternative Dispute Resolution provider. You can submit a complaint to the: BHTA British Healthcare Trades Association via their website at www.bhta.net they will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings.