A printed version of these Terms & Conditions is available on request.
1.1 In these terms, unless the context shall require otherwise:
a) ‘Company’ shall mean Sensory Technology Limited.
b) ‘Customer’ means the person, firm, company or organisation at whose request the work is being done or goods supplied.
c) ‘User’ means the person, firm, company or organisation operating the equipment.
d) ‘Equipment’ means any product delivered to the customer, or an address supplied by the customer.
e) ‘Contract’ means the contract upon these terms for the supply of goods and / or the performance of work.
f) ‘Work’ means any works to be performed on Goods or Equipment at the request of the Customer, whether by way of site survey, installation, commissioning, training, repairs servicing or otherwise.
g) ‘Goods’ means any Goods or replacement thereof supplied by the Company under the Contract.
h) ‘Installation’ means the delivery and physical installation of any Equipment to site.
1.2 These terms, and the terms set out on the Order Acknowledgement together constitute the only terms of the contract and no addition or amendment hereto shall be effective unless agreed in writing by a Director of the Company.
1.3 Headings in these terms are for convenience only and shall not affect the construction of these terms: the masculine shall include the feminine and the singular shall include the plural. Any reference to statutory provisions is a reference to such statutory provisions as are amended or re-enacted from time to time.
2. Formation of Contract
2.1 The Customer’s request to the Company to carry out Work or supply Goods is an offer to enter into a contract upon these terms. Acceptance occurs and an offer is confirmed upon either:
a) The Customer accepting delivery of Equipment at its premises or
b) The Customer issuing to the Company an acknowledgement copy of his order signed and dated by an authorised representative of the Customer.
2.2 The Contract is personal to the Customer and the Customer shall not assign the benefit of the Contract without prior written consent of an authorised representative of the Company.
2.3 The Contract may not be varied without express written consent of an authorised representative of the Company. Any variations agreed shall not constitute a new Contract, but shall be deemed to be an amendment of this Contract.
3.1 Whilst the utmost care is taken to ensure all product descriptions are accurate, some products may vary slightly from those shown in the catalogue.
3.2 Softplay padded products will be supplied in the colour specified by the customer. However, as there are inevitable batch differences between materials purchased to manufacture these products, some colour variations may occur. Allowances should be made for this.
4. Estimates and Quotations
4.1 Any verbal and written estimates given by the Company is a consider approximation of the likely costs of Work and Goods. Estimates are valid for 60 days from the date of issue by the Company.
4.2 A site survey will be required to determine the exact location of the Equipment throughout the designated area. Any price or estimate given verbally or in writing before a site survey must be treated as an estimate. Following a site survey a quotation may be issued. If a customer requests Installation without a site survey, and during Installation it is found that additional work or equipment is necessary then the Customer agrees to pay these additional costs.
4.3 Where the Company provides a written quotation, the prices for Work, Goods and Installation will remain firm for orders placed with 60 days of the issue date.
4.4 If the Customer is not the owner of the property, it is his responsibility to obtain all permissions for Installation of the Equipment. Any delays resulting from obtaining such permissions could result in additional charges, and re-quotation.
4.5 Prices for the mail order catalogue can be found in the current price list, this list supersedes all other previously published by the Company. Please contact the Company to ensure you have the correct price list. The Company cannot be held responsible for the Customer using the wrong or an out of date price list.
4.6 All prices quoted exclude VAT.
4.7 Prices are subject to change without notice.
5. Vat Exemption
5.1 Certain items in our catalogue can qualify for VAT exemption, if you feel this is appropriate for you, please fill in the VAT exemption form attached to the price list and post it to us.
5.2 Items which qualify for VAT exemption are shown with a ‘V’ after the description.
5.3 Vat will be charged at the current rate on all orders, unless accompanied by the VAT exemption form.
5.4 You may qualify for VAT exemption if the goods are supplied to a person who is registered disabled for domestic, or their personal use. Alternatively, goods which are purchased by a charity or with charitable funds may also qualify.
5.5 The Company reserves the right to charge VAT upon the discovery of a false declaration.
5.6 Any false declarations discovered will be reported to the appropriate bodies. Severe penalties can be enforced by such bodies on the discovery of a false application.
6.1 Dates given for the completion of Work or delivery of Goods are estimates only.
6.2 The Company will use reasonable endeavours to perform Work or supply Goods within the time specified to the Customer. The Customer is not entitled to reject Work or Goods completed or delivered later than the estimated date.
6.3 The Company may delay delivery and shall not be liable for any costs, damage or delay caused by the failure to deliver Goods or complete Work on the estimated delivery or completion date.
7. Completion and Payment
7.1 An official purchase order will be required from each Customer requiring an Installation of Goods.
7.2 Unless given express permission by an authorised representative of the Company, a 50% deposit is required with each Installation. Payment of the remaining 50% is then due on completion; no further credit will be given.
7.3 All Mail Order sales must either be paid for with order, or be requested by an official purchase order. Invoices will then be sent when the goods are dispatched, and must be paid for by return; no further credit will be given. Mail order sales from private individuals must be accompanied by full payment.
7.4 The Company will exercise its statutory right to claim interest and compensation for debt recovery costs under the late payment legislation if the customer does not pay us in accordance with our agreed terms.
7.5 Interest will be charged at 4% per annum above the base rate of Royal Bank of Scotland and shall be calculated on a day to day basis on which payment fell due until payment has been made.
7.6 The Company reserves the right at any time at its discretion to demand security for payment before continuing performance of an Order.
7.7 It is the Customers responsibility to ensure the appropriate electrical mains supply has been installed prior to the agreed installation date.
7.8 The Customer may not with hold payment from the Company if the actions or inactions of the Customer or his sub contractor prevent the goods or equipment from being used.
8. Retention of Title
8.1 Until the Company has received payment in full of all sums owed to it on any account by the Customer, whether arising out of this or any other Contract, legal title to the Goods shall remain in the Company.
9. Loss or Damage
9.1 The Company is only responsible for the loss or damage to any equipment or accessories caused by the negligence of the Company or its employees.
10. Replacement of Parts
10.1 All parts replaced during performance of work shall become property of the Company to dispose of as it sees fit.
11.1 If the Customer cancels an order, the following payment must be made to the Company:
a) Cancellation after commencement or within 20 days of planned commencement of work or delivery date will incur a £500 charge, or the contract price – whichever is the larger.
b) Cancellation within 60 days of planned commencement of work or delivery date will incur a £250 charge, or the contract price – whichever is the larger.
c) Cancellation greater than 60 days of planned commencement of work or delivery date will incur a £100 administration fee.
12. Sub Contractors
12.1 The Company shall be entitled to appoint sub contractors to carry out its obligations under the contract and shall be responsible for the quality of sub contractors works.
13. Health & Safety
13.1 Any instructions for use and other such technical notices supplied with the Equipment have been written by the Company or the relevant manufacturer of the Goods. The Customer should read such notices carefully as the Company shall not be held liable for any loss or damage suffered by the Customer through the Customer’s failure to read and comply with such instructions specified in such notices.
13.2 The Customer must ensure that our operatives have free, easy and unrestricted safe and secure access to all areas of the designated site.
14.1 Any manufacturer’s warranties on applicable Goods or Equipment supplied will be passed to the Customer.
14.2 All Installations and Goods manufactured by the Company carry a 12 month warranty. If a fault arises within this time, repairs will be undertaken at the cost of the Company. If however, it is discovered that these faults have arisen due to actions by the Customer, the Customer shall be liable for any costs incurred by the Company to amend the faults.
14.3 If equipment has been found to be misused, or not maintained in accordance with the Company’s instructions, the Customer will be liable for any costs incurred by the Company.
14.4 The Company shall not be liable for any defects arising out of normal deterioration.
14.5 The following are excluded from warranty:
a) Damage due to lightening.
b) Damage due to mains power fluctuation.
c) Ingress of fluids.
d) Physical abuse.
15.1 Goods can only be returned with prior permission from the Company, a returns number should be obtained and written on all return correspondence.
15.2 Goods must be returned within 21 days of receipt. After this period, no returns can be made.
15.3 Any Goods must be supplied in as new condition to qualify for a refund.
15.4 A restocking charge of 15% will apply to all returned products.
15.5 Postage and packaging costs cannot be refunded.
15.6 Any Goods produced to Customer requirements, or non-stock products cannot be returned.
16. Force Majeure
16.1 The Company shall not be liable to the Customer if unable to carry out any provision of the Contract for any reason beyond its control including (but without limitation)Act of God, legislation, war, civil commotion, fire, flood, drought, failure of power supply, lockout, strike, stoppage or other action by employees of the Company or any third parties which will contribute to the inability to produce parts or materials required for performance of the Contract.
16.2 The Company shall notify the Customer as soon as reasonably possible after circumstances preventing performance arise.
17. Directories and Marketing
17.1 Unless the Customer or User of the Goods and Equipment specifically requests the Company in writing not to mention their name or details, the Customer agrees to allow the Company to publish the name of the Customer and the location of the Equipment and Goods for the purpose of providing directories of Installations and for general marketing purposes.