Phone: 07482 151537
Email: [email protected]
Freedom Wheelchair Skills provides its services on the following terms and conditions.
1. The meaning of some words used in these terms and conditions
'we', 'us' or 'our' is a reference to Freedom Wheelchair Skills;
'you' or 'your' is a reference to the person to whom we are providing our Services and who is required to pay for the Services we provide;
'Parties' is a reference to both us and you;
'Premises' means the place where we will provide the Services; and
'Services' means the advice, assistance or help we will provide in connection with the issue, problem, matter or situation you are facing or your requirements. The precise Services we will be providing to you will be stated in the order form and as we agree from time to time.
‘Spotter’ means someone who we consider to be a physically-able adult who is present while particular skills are being learnt and practised.
2. Entering into a legally binding contract
2.1. A contract between you and us will come into being in one of two ways:
2.1.1. when you sign the order form we and you will enter into a legally binding contract on the date you sign.
2.1.2. where you and we agree orally that we should provide the Services then there will be a legally binding contract on the date of our oral agreement.
2.2. We suggest that before you sign the order form or orally agree to us providing Services that you read through these terms and conditions. If you have any questions concerning them please ask us.
2.3. You should keep a copy of these terms and conditions for your records.
3. Providing the Services
3.1. Once we and you have entered into a legally binding contract we will normally start providing the Services to you at the Premises on a date agreed between us without further discussion with you. Occasionally the Services will be provided at some other date or time or be dependent on a number of factors.
3.2. Our aim is to always provide you with the Services:
3.2.1. using reasonable care and skill;
3.2.2. in compliance with commonly accepted practices and standards
3.2.3. in compliance with the laws and regulations in force in England and Wales at the time we are carry out the Services.
3.3. If you arrive at the Premises without a suitable Spotter, under the influence of an intoxicant, or for any other reason we consider that we are unable to carry out the Services without compromising your safety, we reserve the right to cancel the Services and you will be required to pay to us a reasonable amount for the losses and costs (including loss of profit) we have suffered.
4.1. Our responsibility to perform the Services by particular dates
We aim to carry out the Services by the dates and times we either agree with you or notify to you. But we cannot guarantee or provide a firm commitment that:
4.2. we will start performing the Services by a specified date or time; or
4.2.1. we will complete the performance of all the Services by any specified date or time; or
4.2.2. the performance of any individual part of the Services will be completed by a specified date or time.
4.3. What can happen if we cannot start performing the Services or complete performing the Services
4.3.1. If we do not start or complete performing the Services within a reasonable period from the date(s) we have agreed or notified then you may either choose either to continue to wait until we can start performing the Services or complete performing them or you can cancel the contract.
4.3.2. Where we have started performing the Services and you decide you wish to cancel the contract you will only have to pay for any Services we have performed up to the date of cancellation and for any materials which we have a legal obligation to pay for. If you have made payment(s) to us in excess of the amount of Services we have performed or materials we have purchased, we will return the difference to you within 14 days of cancellation.
4.3.3. What is a reasonable period of time depends on the types of Services we will be performing and the length of time they will take to perform.
4.4. Situations or events outside our reasonable control
4.4.1. In addition, there are certain situations or events that occur that are not within our reasonable control. Where one of these occurs we will normally attempt to recommence performing the Services as soon as the situation which has stopped us performing the Services has been resolved. In such circumstances there may be a delay (sometimes a substantial delay) before we can start or continue performing the Services.
4.4.2. The following are examples of events or situations which are not within in our reasonable control:
184.108.40.206. where weather conditions make it impossible or unsafe for us to perform any of the Services;
220.127.116.11. where you make a change in the Services you wish us to perform (and this results in, for example, us having to do further work);
18.104.22.168. where we have to wait for other providers of services (who have been engaged by you) to complete their work before we are able to perform the Services (or the relevant part of the Services dependent on the other provider if ordered at short notice);
22.214.171.124. where we are unable to gain access to the Premises to carry out the Services at the times and dates we have agreed with you;
126.96.36.199. where the areas in the Premises have not been readied by you as we and you have agreed in order for us to perform the Services;
188.8.131.52. for other some unforeseen or unavoidable event or situation which is beyond our control.
5. Price, estimates and payment
5.1. Our charges based on time spent
We normally charge for our Services on a time basis. Our rates for performing the Services are set out on our website www.freedomwheelchairskills.co.uk
5.2. Our charges based on an estimate
5.2.1. If we provide an estimate then we will charge you the amount stated in the estimate rather than a charge based on the time taken in performing the Services. Note: we only provide estimates and not quotations or binding indications of how much we will charge. Estimates are normally valid for a period of 14 days from the date they are given.
5.2.2. As we provide an estimate we may need to charge you a higher amount than stated in the estimate. This can occur for a number of reasons, in particular where:
184.108.40.206. what you require us to do changes, or the amount of work or Services you require us to provide increases or is different to what we and you agreed before we started performing the Services; or
220.127.116.11. when we start performing the Services it becomes apparent that the amount of Services we will need to perform or the type of work that is involved is different to what we agreed before we started performing the Services and we could not reasonably foresee this before we started performing the Services.
5.3. Payment for our Services and materials is required in full in advance of performing the Services, within 7 days of a booking being agreed and at least 24 hours before Services are due to commence
5.4. If you do not pay when required any planned Services will be cancelled, and we may charge you any costs incurred.
6. Exclusion and limitation of liability
6.1. We do not exclude or limit liability for our negligence or negligent omission which causes you personal injury or results in death.
6.2. We shall only be liable for any loss or damage suffered by you which is a reasonably foreseeable consequence of a breach by us of this contract. In the event that any loss or damage suffered by you relates to your business activities or use of the Premises for commercial purposes then we exclude all liability for any business loss and in particular we exclude all liability for loss of profits or other economic loss arising out of a breach of this contract.
7. Communicating with us
7.1. You can telephone us at 07482 151537
7.2. However, for important matters we suggest that you use writing and send any communications by email to [email protected] (or by post to 23 Whitepit Lane, Flackwell Heath, High Wycombe, Bucks, HP10 9HR).
8. Cancellation by you
8.1. Once we and you enter into a binding contract you will normally not be able to cancel the contract, except where we agree or as otherwise provided for in this contract.
8.2. If we agree to cancel then you will be responsible for the cost of :
8.2.1. any of our time in performing the Services up to the date we stop providing the Services;
8.2.2. any materials we are contractually committed to buying up to the date of termination (whether or not we need to pay for them before or after the date the contract between us and you is cancelled). Any materials we have purchased (but not used in performing the Services) will be delivered to you.
8.3. In the circumstances stated in Clause 8.2 we will first deduct the amounts for which you are responsible from any deposit you have paid. Any remaining deposit will be returned to you. If the amount owing is greater than the deposit we will return invoice you for the amount in excess of the deposit.
8.4. If you:
8.4.1. purport to cancel the contract; or
8.4.2. give notice purporting to cancel; or
8.4.3. otherwise do not fulfil your obligations (such as by not paying any sums due to be paid to us) in a way which amounts to you cancelling the contract, we do not have to accept your cancellation except as provided in Clause 8.2 or as otherwise provided for in this contract. However, we may choose to accept cancellation, and if we choose to do so you will be required to pay to us a reasonable amount for the losses and costs (including loss of profit) we have suffered. If you have paid a deposit, this will be retained and if our reasonable losses and costs (including loss of profit) are greater than the deposit we have retained we will require you to pay for our losses and costs in excess of the deposit retained.
9. Amendments to the contract terms and conditions
We will have the right to amend the terms and conditions of this contract where:
9.1. we need to do so in order to comply with changes in the law or for regulatory reasons; or
9.2. we are changing the rates we charge for the provision of Services;
9.3. we need to correct any errors or omissions (and this right includes the right to change any of the documentation which forms part of the contract), as long as such correction is minor and does not materially affect the contract.
10. Contracts (Rights of Third Parties) Act 1999
For the purposes of the Contracts (Rights of Third Parties) Act 1999 this contract is not intended to, and does not, give any person who is not a party to it any right to enforce any of its provisions.
11. Law and jurisdiction
This contract shall be governed and construed by the law of England and you and we agree to submit to the jurisdiction of the courts of England and Wales.