Terms and Conditions
This website is owned by Stairs Direct UK Ltd and referred to as WE in the below terms
In these terms of sale, “We” and “Us” means Stairs Direct UK Ltd
“You” means the person, employees or their agents seeking to purchase Goods from us.
“Goods” means the products / service we provide from this website on in the literature we send out.
“Consumer” means any natural person acting for purposes outside their trade, business or profession or as defined by the Unfair Contract terms Act 1977.
1 THE CONTRACT
1.1 All orders are accepted by Us only under the terms set below and which may not be altered or changed without written agreement by a director from Stairs Direct UK
1.2 Orders may be cancelled only with the written agreement of a director of Stairs Direct within 24 hours of purchase and You will reimburse Us against all losses, damages, costs and expenses that we may incur as a result of cancellation
2.1 We reserve the right to alter or change our selling prices without prior notification to You as a result of changes we may ourselves encounter . Prices already quoted may have to increase to reflect an increase in costs or other factors leading to price increases
4.1 Delivery dates are based upon trading conditions prevailing. We will try to delivery all goods as soon as possible but cannot accept any liability arising from such delays that are outside of our control. Time for delivery shall not be the essence of the contract and as such, delivery times cannot be used as a reason for non payment by You.
4.2 Where we are required to deliver goods to site or requested address You will arrange for and be responsible for the cost of prompt unloading, stacking and storing the goods. Our prices include delivery to the site specified in the quotation.
4.3 You must inspect the goods at the place and time of unloading (delivery) but nothing in these terms shall require you to break packaging and/or unpack goods which are intended to be stored before use, especially if you need to return any goods for whatever reason.
4.4 We do not accept liability for damage , shortage or non-delivery unless notified at the time of delivery by telephone and written notice is received within 3 working days .
4.5 Our liability for short delivery or failure of the goods to conform to the Contract which is apparent on inspection is limited to supplying the goods as ordered. We shall not be liable for any damage whatsoever for short delivery or failure of the goods to conform to the Contract which is apparent on inspection however so caused. You remain liable to pay the full invoice price of goods delivered . Any other claim for damages is subject to clause 7.
4.6 We will be able to deliver in instalments and tender a separate invoice in respect of each instalment. Any claim which you may have in respect of one instalment shall not affect your liability in respect of any other instalment.
4.7 Any stipulated or quoted date for delivery are estimates only and in no circumstances will we be liable for any loss or damage of any kind whatsoever caused directly or indirectly by any delay in the completion of the contract or the delivery of the goods nor will you be able to rescind the contract by reason of such delay.
4.8 Proof of delivery confirmation will only be provided if requested in writing 14 days from the date of invoice.
4.9 If you fail to take delivery accept or collect the goods within the agreed time at our discretion we may be forced to make an additional charge , invoice you for the goods or treat You to be in breach of contract in any case recover our losses from you.
5. TITLE AND RISK
5.1 Risk in the goods shall pass to you when the goods are delivered. The title to and ownership of the goods shall remain with us until you pay all sums owing to us whether in respect of this contract or otherwise.
5.2 Any risk of danger and or injury to any person that may be the goods bought from Us are passed onto you upon receipt of the goods
6. COMPLIANCE WITH REGULATIONS
6.1 It is necessary for You to make all necessary contact and arrangements to comply with and satisfy all current building regulations and that the use and performance of the installation and equipment will comply with every applicable statute, by-law or rule or decision of any competent authority or body including the obtaining of necessary licenses , permits or other consents which are or may be required in connection with the performance of the contract and the use of the installation and equipment including ensuring that the building structure is able to accept the weight of the equipment to be installed.
7 . LIABILITIES
7.1 In this clause “ the defect “ shall mean the condition and/or any other circumstances which but for the effect of these terms would have entitled you to damages.
7.2 Nothing in these terms shall exclude or restrict our liability for death or personal injury resulting from our negligence or our liability for fraudulent misrepresentation.
7.3 If you deal as a consumer any provision of these terms which is of no effect shall not apply. The statutory rights of a consumer are not affected by these terms.
7.4 Subject to clauses 7.2 and 7.3 of these terms and conditions we shall not be liable by any misrepresentation (unless fraudulent) or in contract tort (including negligence or breach of statutory duty) or otherwise howsoever and whatever the cause for any damages whatsoever . Instead of liability in damages we undertake liability under clause 7.5 below
7.5 Where but for the effect of these terms you would have been entitled to damages against us we shall not be liable to pay damages but subject to the conditions set out in clause 7.6 below shall at our sole discretion either repair the goods at our own expense or supply replacement goods free of charge or refund all ( or where appropriate part ) of the price paid for the relevant goods.
7.6 We will not be liable under Clause 7.5
a.) if the defect arises from wear and tear
b.) if the defect arises from your negligence, wilful damage, mis-use, alteration or repair of the goods or abnormal working conditions or incorrect installation, use of the products supplied by us. All installations carried out by a third party and not an employee of Stairs Direct will be your responsibility to supervise, resolve and be accountable for.
C.) unless after discovery of the defect we are given a reasonable opportunity to inspect the goods before they are used or in any way interfered with
D.) if the defect would have been apparent on a reasonable inspection under clause 4.3 of these terms at the time of unloading unless you give us written notice within 3 working days of the time of unloading
7.7 If the goods are not manufactured by us or have been processed by a third party whether at our or your request our liability in respect of any defect in workmanship or materials of the goods will be limited to such rights against the manufacture or third party as we may have in respect of those goods.
7.8 If the goods are supplied to a drawing design measurement or specification provided in writing by us then subject to clause 7.2 and 7.3 of those terms we shall not be under any liability for damages whatsoever or under clause 7.5 of those terms except in the proportion and to the extent that such damages have resulted primarily from our breach of contract or negligence.
7.9 We shall not be liable under clause 7.8 if
A.) material information is withheld, concealed or misrepresented by you, and / or
B.) the design measurement or specification provided by us is not in writing .
7.10 Subject to clauses 7.2 and 7.3 we shall not be liable for misrepresentation (unless fraudulent) or in contract tort (including negligence or breach of statutory duty) or otherwise howsoever and whatever the cause thereof.
A.) for any loss of profit, business, contracts revenues or anticipated savings ,or
B.) for any special , indirect or inconsequential damage of any nature whatsoever.
7.11 Except where you deal as a consumer you will unconditionally fully and effectively indemnify us against all losses , damages , penalties costs on an indemnity basis and expenses awarded against or incurred by us in connection with or paid or agreed to be paid by us in settlement of any claim by any third party arising from the supply or use of the goods . This indemnity will be reduced in proportion to the extent that such losses damages penalties costs and expenses are due to our negligence
7.12 Without prejudice to any other provisions of these term in any event our total liability for any one claim or for the total of all claims arising from any one act of default on our part ( whether arising from our negligence or otherwise ) shall not exceed the purchase price of the goods the subject matter of any claim.
7.13 Business customers are advised to insure against loss or damage which may arise as a result of faulty or damaged goods and equipment and / or their non delivery .
7.14 We are not responsible for any damage to the goods when in your possession or through the assembly and / or installation of them.
7.15 We are not liable for any damage caused to your property or injury to any persons as a result of the assembly, installation or use of the goods when in your possession.
8 TERMS OF PAYMENT
8.1 Payment shall be made prior to delivery of goods. A variation on these terms may only exist when authorised in writing by a director of Stairs Direct UK.
8.2 We reserve the right to suspend or stop deliveries and to withdraw credit facilities if any payment becomes overdue or if we believe that you may be unwilling to pay for the goods.
8.3 Goods supplied shall remain our property until paid for in full. You may not withhold payment of any invoice or other amount due to us by reason of any right of set off or counterclaim which you may have or allege to have for any reason.
9 NON PAYMENT /INSOLVENCY
9.1 “ Insolvent” means you ceasing to pay your debts in the ordinary course of business or being unable to pay your debts as they become due or you ceasing or threatening to cease to carry on your business.
9.2 “Associated Company “ means your subsidiary or holding company as defined in section 736 and 736A of the companies act 1985 or a subsidiary of such holding company , or any company over which your directors or shareholders have control as defined in section 840 of the Income and Corporation Taxes Act 1988
9.3 If you fail to pay any invoice or any sum due to us under any contract on the due date or your credit limit is exceeded or you or your associated company becomes insolvent or there is a material change in your or your associated company’s constitution or you commit a material breach of this contract and fail to remedy that breach after being requested to do so , all sums outstanding between you and us under this and any contract shall become immediately due and payable and we shall be entitled to do any one or more of the following (without prejudice to any other right or remedy we may have.)
a.) Require payment in cleared funds in advance of further deliveries .
b.) Charge interest on monies outstanding at the rate of 3% above HSBC bank plc base rate from due date until date of payment.
c.) Cancel or suspend any further deliveries
d.) Terminate this or any other contract with you or associated company without liability
9.4 Except where you deal as a consumer you shall reimburse us costs including legal costs on an indemnity basis which we incur in enforcing our rights under this contract.
10 . CANCELLED ORDERS
10.1 If we order goods to your order and you later cancel your order for whatever reason , you will be liable to pay for the goods.
10.2 If we deliver and invoice goods to your order and you wish to cancel your order , you will still be liable for the goods . We will endeavour to take back the goods into our stock , subject to their being an opinion of merchantable quantity and subject to a handling charge equal to 20% of the purchase value , payable by you .
10.3 If you are given prior permission by us to return goods wrongly ordered or surplus to your requirements, a handling and restocking charge equal to 20% of the value of the goods returned will be made.