Terms and Conditions
1 Definitions
1.1 "Buyer" means the person who buys or agrees to buy the Goods from the Seller.
1.2 "Conditions"
1.3 "Delivery Address" means the address specified overleaf to whom the seller will deliver the Goods.
1.4 "Delivery Date" means the date specified overleaf when the Goods are to be delivered.
1.5 "Goods" means the articles that the Buyer agrees to buy from the Seller.
1.6 "Price" means the Price excluding VAT where applicable for the Goods set out overleaf.
1.7 "Seller" means Oak Tree Mobility Limited.
2 Conditions Acceptable
2.1 These conditions shall apply to all contracts for the Sale of Goods by the Seller or its authorised distributor or agent to the Buyer to the
exclusion of all other terms and conditions.
2.2 The Buyer acknowledges that the Seller has informed him/her that any special conditions on which he/she intends to rely should be endorsed
overleaf and that he/she has endorsed such items as are set out thereover.
2.3 All orders for the Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Conditions.
3 The Price and Payment
3.1 The Price shall be the Price set out overleaf, VAT may be due at the official rate at the date of the invoice.
3.2 A deposit of 60% of the Price will be paid on the date hereof and the balance of the Price will be paid on delivery. The Seller may alter the
value of the deposit subject to the specific provisions of Condition 2.2.
3.3 The deposit is paid subject to the specific provisions of Condition 6.
3.4 In the case of sales financed by way of loan from a finance company a deposit may be required at the discretion of the finance company. The
Goods will be delivered after the credit application has been approved and any authorisation notes of documentation required by the finance
company must be signed.
4 Warrants and Liability
4.1 The Goods purchased are Warranted from the date of Delivery against faults arising due to defects in manufacture of materials, Silver Range
items are Warranted for two years and Gold Range items are Warranted for five years. Parts replaced under this Warranty will be covered for
the balance of the Warranty period.
4.2 The Warranty does not provide cover for fair wear and tear, such items as batteries, upholstery, or any other item which may need replacing
due to normal wear and tear or misuse of the product. Callout and/or labour charges may apply at the buyers expense.
4.3 After the warranty period expires the Seller reserves the right of discretion to repair faults and to charge a reasonable fee for any work
undertaken at that time.
5 Delivery
5.1 Any Delivery Date quoted is approximate and the Seller shall not be liable for any delay in the delivery of Goods beyond its reasonable control.
5.2 If the Seller is unable to deliver the Goods within 12 weeks of the Delivery Date then either party shall be entitled to rescind the contract, any
deposit paid shall be returned and this contract shall thereafter be to no further effect.
5.3 The removal of furniture is not the essence of the contract, it is reliant on the Buyer making reasonable provision for the removal and on the
Seller making reasonable effort to do so, if after reasonable effort has been made by both the Buyer and Seller the furniture cannot be
removed it does not constitute grounds for cancellation. We will not remove doors or windows etc., take furniture apart and under no
circumstances can we take soiled goods.
6 Variation to Design/Specification and acceptance of the Goods
6.1 The Seller reserves the right to vary or alter the design/specification of the Goods ordered without notice and at any time prior to delivery
provided that such variation or alteration does not materially affect their quality or performance.
6.2 If the Seller has to lower the specification it will give prior notice thereof to the Buyer together with any Price adjustment and the Buyer may
determine the contract at any time within seven days thereafter, and the deposit shall be returned.
6.3 The Buyer shall inspect the Goods and give notice of any alleged defects apparent on inspection within a reasonable time of taking delivery
and in any event before use. Any alleged defects reported after such a reasonable time will be considered at the discretion of the Seller.
7 Passing of Property
7.1 Passing of Property shall occur at such a time as the goods are paid for in full according to the Price set out overleaf and delivered. Until that
time the goods remain the property of Oak Tree Mobility Limited.
7.2 Risks shall pass on Delivery of the Goods.
8 Cancellation Rights
8.1 You have the right to cancel the contract if you wish, within seven calendar days starting on the day this Notice of the Right to Cancel is
issued. Cancellation should be communicated in writing by delivery, post or electronic mail to the person named overleaf. The tear off
cancellation form may be used to exercise this right and can be issued in person or sent by post – in which case you are advised to obtain a
certificate of posting or recorded delivery slip.
9 Refunds
9.1 All refunds may take up to 28 days to process from the date that the cancellation was made.
10 Proper Law of Contract
10.1 This Contract is subject to the Law of England.