Hoist / Terms & Conditions
Terms & Conditions
TERMS OF CONTRACT:
The following terms are the standard Terms of Contract of Mabtech Services Ltd.. Mabtech concludes contracts for the supply of goods and services only subject to these terms and any person, company, business or organisation, (hereafter "the Customer") seeking to be supplied with goods or services by Mabtech accepts that these terms shall govern relations between Customer and Mabtech to the exclusion of any other terms, including conditions, warranties or representations, written or oral, express or implied, even if contained in any of the Customer's Documents which purports to provide that the customer's own terms shall prevail. Only alterations to these Terms agreed in writing by Mabtech shall be acceptable.
Any order or other purported acceptance of Mabtech's quotation made by the Customer shall be
deemed to be an unqualified acceptance that these terms shall apply to any contract concluded between Mabtech and the Customer for the supply of goods and services, and by dispatching the same the Customer waives his own terms.
3. REFUSAL OF ORDER
Mabtech reserves the right at its sole discretion to accept or refuse any order placed by the
Customer on the basis of quotations issued, and in the event of a refusal, no damages or expenses of any kind whatsoever shall be payable by Mabtech to the Customer.
a) The price contained in Mabtech's quotation is based upon the cost to Mabtech of labour,
materials and transport at the date of such quotation, and in the event of an increase in such cost caused by any reason, Mabtech shall be entitled to vary its prices accordingly, whether or not such increase was foreseeable.
b) Where the price included installation, it is based upon free and uninterrupted access to and possession of fully prepared working areas being made available to Mabtech during normal working hours. In the event that such access and possession are not made available, or that the working areas are not duly prepared to Mabtech's requirements for immediate installation of the goods, without prejudice to any other right which Mabtech may have, Mabtech shall at its sole discretion be entitled to vary the price accordingly.
c) The cost of delivery is for the Republic of Ireland and United Kingdom, If you wish to purchase from this site and require delivery elsewhere please contact us by email and we will quote cost of delivery to your selected destination.
a) Unless otherwise stated in Mabtech's quotation all prices are strictly net and exclude V.A.T.,
b) At the sellers sole discretion the price shall be either:
(1) As indicated in your invoice as provided by the seller to the buyer in respect of the good supplied or
(2) The sellers quoted price which shall be binding upon the seller provided that the buyer shall accept the seller's quotation in writing within 30 days.
The seller reserves the right to change the price in the event of a variation to the seller's quotation.
At the seller's sole discretion a deposit may be required. Time for payment for the goods shall be
of the essence and will be stated on the invoice or other forms. If no time is stated then payment shall be due 30 days following the date of the invoice.
c) At the seller's sole discretion:
(1)Payment shall be due on delivery of the goods or payment shall be due before delivery of the goods or payment for approved buyers shall be made by instalments in accordance with the seller's payment schedule or payment for approved buyers shall be due 30 days following the date of any invoice.
(2)Payment will be made by cash or by cheque or by bank cheque or by credit card or by direct credit or by any other method as agreed between the buyer and the seller. VAT and any other taxes duties that may be applicable shall be added to the price except where expressly included in the price.
d) Should the customer default in payment for whatever reason on the, due date of any sum, without prejudice to any other right which Mabtech may have, Mabtech shall be entitled to be paid interest on such sum accruing from the date at 1.25% per month.
e) Where payment on any contract is not paid in full, or within the agreed credit terms, Mabtech reserves the right to withdraw all guarantees and warranties given on its goods or services, without further notice.
6. TIME FOR DELIVERY
a) Any times stated or agreed by Mabtech for delivery, dispatch or completion, either in its
quotation or by any other means is not of the essence of any contract, either as to supply or as to installation. Such times are given by way of general information only, and in the event that delivery dispatch or completion is not made for any reason whatsoever at the times so stated, Mabtech shall not be liable for any loss or damage whatsoever sustained by the Customer.
b) In the event that the Customer does not take delivery of the goods forthwith upon being notified by Mabtech that manufacture has been completed, Mabtech shall be entitled to charge and recover storage at the rate of 1.25% of the contract value per month, which shall be added to the price stated in Mabtech's quotation and shall be paid in accordance with Clause 5 of these Terms.
7. DELIVERY AND RISK
a) Unless otherwise stated in Mabtech's quotation the cost of delivery from Mabtech's works to
the place for delivery stated in such quotation is included in the price but it shall be the responsibility of the Customer entirely at his own cost and at his own risk, to unload. Where the price includes installation it shall further be the responsibility of the Customer at his own cost to provide adequate dry and secure storage of the goods pending and during such installation. All risks in the goods shall pass to the Customer upon completion of unloading, at which time a delivery note will usually be handed to the Customer or his representative or left with the goods. Mabtech's liability to the Customer for missing or damaged goods shall be limited to any sums recoverable under a policy of insurance in respect of such risks, which may at Mabtech's discretion be maintained by Mabtech. If no such sums are recoverable or if no such policy is maintained, there shall be no liability whatsoever on Mabtech in respect of such goods.
b) In any event, and without prejudice to the foregoing, any claim relating to missing or damaged goods which ought to be revealed by a reasonably diligent examination, shall be notified in writing to Mabtech and to any carrier involved, within 3 days of the receipt of any of the goods
or part thereof by the Customer his servants or agents, and in default of such notification any
such claim shall be absolutely barred.
c) At the seller's sole discretion delivery of the goods shall take place when: (1)The buyer takes possession of the goods at the seller's address or
(2)The buyer takes possession of the goods at the buyer's address (in the event that the goods are delivered by the seller or the seller's nominated carrier) or
(3)The buyer's nominated carrier takes possession of the goods in which event the carrier shall be deemed to be the buyer's agent.
At the seller's sole discretion the costs of delivery are: (1)Included in the price or
(2)In addition to the price or
(3)For the buyer's account
The failure of the seller to deliver the goods shall not entitle either party to terminate this contract. The seller shall not be liable for any loss or damage whatever due to failure by the seller to deliver the goods (or any of them) promptly or at all. If the buyer is for any reason
unable to take delivery of the goods such that re-delivery of the goods is required, then the buyer shall be liable for the costs incurred by such re-delivery.
8. VARIATION OF TERMS
No variation of these terms or of any quotation or of any contract shall be valid unless agreed to in writing and signed by a Director, the Secretary or a duly appointed Senior Executive of
In the unlikely event that you are dissatisfied with your hoist, please let Mabtech Services Ltd. (here on referred to as Mabtech) know immediately. If your hoist is found to be faulty or not as described, on our website, on delivery please inform the Mabtech engineer. Alternatively, give us a call on the contact number 01-5240172 and we will arrange pick up of the faulty item. Faults should be reported within a maximum 3 day period of your delivery or collection date. Mabtech provide all customers with hoist measurements on our website, however, it’s ultimately the customers responsibility to ensure the hoist will fit in the intended space and is suitable to be used with other patient aids and appliances. In the instance where a product is custom ordered, Mabtech will not accept return unless there is a genuine fault. All of our hoists need to be installed and commissioned on site and instruction on operation given to the user by a Mabtech engineer. There is substantial cost in installation, commissioning and delivery of the hoist and this cost is included in the purchase price of the hoist. The user should have completed manual handling training with an appropriate body prior to using hoist. In the instance where a customer changes their mind on the purchase of the hoist, the costs associated with installation, commissioning and delivery will be deducted from any refund given. There will also be a 20% restocking fee applied, It is the customers responsibility to return the item to Mabtech. For special order items (non-stock products) cancellation of an order is not permitted. Following the cancellation of your order and the hoists safe return to Mabtech, an inspection will be carried out and any monies owed will be refunded to the payment method used during your original transaction with us, usually within 14 days.
10. RESERVATION OF TITLE
The risk in the goods shall pass to the Customer upon delivery, but ownership thereof shall
remain in Mabtech until payment in full has been made (each order being considered as a whole). Before payment is made in full, the customer shall have power to resell the goods (as principal towards sub-purchaser but as agent as between sub-purchaser and Mabtech) and Mabtech shall be beneficially entitled to, and, the Customer shall be under fiduciary duty to account to Mabtech for, the proceeds of resale and any claim thereto. If the Customer, not having made payment in full for the goods, mixes them with other goods or uses them in the
manufacture of other products, the ownership of the other goods or products shall thereupon vest in Mabtech as security for such payment, and accordingly the provisions set out in the immediately preceding sentence shall as far as appropriate apply to such other goods or products. Until such payment is made in full the Customer shall clearly identify the goods or the said other goods or products as being the property of Mabtech. Mabtech shall be entitled forthwith to recover and resell any or all of such goods or products to which Mabtech has title hereunder and to enter upon the premises of the Customer or sub-purchaser, with such transport as may be necessary for that purpose if the Customer commits any default hereunder; which expression shall, without prejudice to the generality thereof, include failure to pay Mabtech on the due date, the appointment of a receiver of the Customers business or the presentation of a petition to wind
up the Customer's business. Nothing herein shall entitle the Customer to return the goods or to refuse or delay payment for them.
11. QUALITY AND CONDITIONS OF GOODS
a) Mabtech warrants that goods, parts or materials manufactured by them shall be of good
materials and workmanship and that good workmanship will be employed in assembling parts or materials not manufactured by them. In any event, Mabtech's above liability with regard to the quality and condition of the goods shall be limited absolutely to the repair or replacement of goods parts or materials which do not comply with this warranty by reason of defects in
materials and workmanship arising within 12 months of risk passing under Clause 7 of these Terms and to a maximum value of the original price of the goods, Save as aforesaid Mabtech undertakes no liability whatsoever in regard to goods or materials whether manufactured by themselves or by any other person, and any condition or warranty that might otherwise be incorporated by reason of statute or common law is hereby expressly excluded.
b) Without prejudice to the foregoing, if called upon to do so by the Customer in writing, Mabtech shall use its best endeavors to assign to the Customer the benefit of any warranty guarantee indemnify claim privilege or other right which Mabtech may have in regard to the manufacturers or suppliers of any goods parts or materials not manufactured by Mabtech and relating to the quality or condition of such goods parts or materials.
a) Mabtech shall not in any circumstances whatsoever be liable to the Customer for any loss or
damage involving any person properly or interest howsoever suffered by the Customer in connection with the installation, use, functioning or state of the goods, or in connection with anything done or omitted to be done by Mabtech, its servants or agents, at the site nominated by the Customer.
b) The Customer shall indemnify Mabtech against all actions claims or demands by third parties in tort or otherwise arising directly or indirectly in connection with any of the matters in sub- clause (a) aforesaid.
c) Without prejudice to the generality of these terms or the foregoing sub clauses, Mabtech will in no circumstances whatsoever owe a liability to the customer in excess of the amount of the price hereunder.
13. IMPOSSIBILITY OF PERFORMANCE
Mabtech shall be entitled by written notice to the Customer to cancel any contract concluded
between Mabtech and the Customer should Mabtech be hindered or prevented by any cause beyond its reasonable control from performing the same, including a cause which renders performances commercially difficult, expensive or unprofitable.
Mabtech shall be entitled to sub-contract or assign without consent all or any of its obligations
15. FRESH INSTRUCTIONS
The Customer may prior to dispatch of the goods or any part thereof from Mabtech's Works, but
in good time to enable Mabtech to withhold such dispatch, give notice in writing to Mabtech
requesting that the goods shall be altered to meet the Customer's requirements or that other or new arrangements be made as to the place of delivery of the goods. Mabtech shall use its best endeavors to comply with any such reasonable request, provided always that in complying with any such request Mabtech shall be entitled to vary delivery times and to vary the price accordingly, as well as to impose such other conditions as Mabtech at its sole discretion may require.
Since the goods are manufactured to fulfill the Customer's particular requirements, in the event
that the Customer does not fulfill his obligations hereunder, Mabtech may be unable to re-sell the goods or any part thereof at better than scrap value and for the purpose of calculating Mabtech's damages, Mabtech shall owe no duty to seek to resell the same at better than scrap value.
Any warranty in relation to the goods as supplied is limited to that offered by the manufacturer
of the said equipment and the seller shall not warrant in any way as to the suitability or otherwise of the goods and the seller shall not be bound by nor responsible for any term, condition, representation or warranty which is given by the manufacturer of the goods.
No work should be undertaken to resolve the problem either by the customer or a 3rd party until approved by Mabtech – failure to do so could invalidate
The item may be replaced or rectified if the guarantee claim is valid.
For items that have been installed, Mabtech have the right to decide if rectification on site is suitable and who should undertake the work or whether to return / replace the unit(s). For items where Mabtech decides to replace, the original faulty item must be returned. All items which are returned will be inspected.
If the guarantee claim is not valid the customer will be advised and further instructions requested, either to return the item or to issue an official order to replace or rectify the item.
If you require a replacement product the buyer will be asked to supply a purchase order, when the unit has been returned and evaluated, the buyer will be notified by Mabtech if the claim is valid.
All items sold on this website are ordered in specifically for each customer, and can only be returned
if goods are faulty, for repair or replacement if neccessary.
19. SECURITY AND CHARGE
The buyer may be required by the seller to enter into a guarantee agreement with another
nominated party by the seller in respect of the purchase of the goods. Any such guarantor will be liable to the seller if the buyer refuses, neglects and/ or is unable to pay the fees due on the due date.
20. DATA PROTECTION
The buyer and the guarantor (if separate to the buyer) irrevocably and unconditionally consents
for the seller to collect, retain and use any information about the buyer for the purpose of assessing the buyers credit worthiness or marketing products and services to the buyer and the disclosed information about the buyer whether collected by the seller from the buyer directly or from any other source to any credit provider or any credit reported agency for the purpose of providing or obtaining a credit reference, debt collection or listing a default by the buyer (whether before or after judgement).
Mabtech may without incurring further liability terminate the Contract by written notice if in its
reasonable opinion the Customer is unable to make payment in accordance with the terms hereof. Without prejudice to any other right, which Mabtech may have, upon such termination Mabtech shall be entitled to receive payment on a quantum meruit basis in respect of work completed or
in progress at the date of termination.
22. FURTHER SERVICES
The terms hereof shall apply mutatis mutandis in regard to any further services after completion
of the contract, which Mabtech may at its discretion perform.
Any communications or notices hereunder may be given or made by sending the same by
ordinary pre-paid first class post; in the case of the Customer to his last known address; and in the case of Mabtech to the address shown at the top of its quotation or upon its letter heading, and if so sent, shall be deemed to have been given or made on the date when posted.
Contract shall be governed by and Construed in accordance with Irish Law. The Irish courts shall
have sole jurisdiction in this regard.