Terms & Conditions
Definitions
" LiftBits" means Windcrest LiftBits Ltd also referred to as "we" or "us" in these terms and conditions.
"Catalogue" means the pamphlets, catalogue and /or web listing of products and services offered by Windcrest LiftBits Ltd.
"Force Majeure" means any cause affecting the performance by Windcrest LiftBits Ltd of its obligations arising from acts, events, omissions, happenings or non-happenings beyond its reasonable control including (but not limited to) governmental regulations, fire, flood or any disaster or industrial dispute affecting a third party.
"Working days" means Monday to Friday, excluding Bank or other Public holidays.
Nothing in these terms and conditions affects your statutory rights.
If any provision in this Agreement is held to be invalid or unenforceable, it shall be deemed severed from the Agreement and this shall not affect the validity or enforceability of the remaining provisions.
Any waiver of a breach of this Agreement must be in writing.
Any variation of this Agreement must be in writing and signed by a duly authorised Windcrest LiftBits Ltd official.
The headings are for convenience only and shall not affect the interpretation of this Agreement.
Any notices given under this Agreement shall be in writing and sent (a) by first class pre-paid post to the last known address of the party; or (b) by fax to their last known fax number; or (c) by e-mail to the last notified e-mail address of the party. The notice shall be deemed served (a) two working days after posting; or (b) upon receipt of a successful fax transmission report; or (c) after system confirmation of e-mail delivery.
These terms and conditions shall be governed by and construed in accordance with the laws of England and the parties submit to the exclusive jurisdiction of the English courts.
Windcrest LiftBits Ltd may at its discretion record telephone transactions for staff training and quality control purposes. The tapes will be erased after review.
Windcrest LiftBits Ltd reserves the right to change or amend these terms and conditions at any time and without prior notice.
Product Specifications
Windcrest LiftBits Ltd makes every effort to supply the goods as advertised but reserves the right to supply the goods subject to variations in actual dimensions, specifications and, in the case of bulk items, quantities, without prior notice.
If Windcrest LiftBits Ltd cannot supply the goods ordered by the Customer, Windcrest LiftBits Ltd reserves the right to offer goods of equal or superior quality at no extra cost. In such a case, if the Customer does not wish to accept the alternative goods offered, he or she may cancel the order and require the refund of any money paid to Windcrest LiftBits Ltd in respect of that order. This shall be the sole remedy of the Customer in these circumstances.
Due to the current manufacturing methods of active matrix display panels, a small percentage of sub-pixel anomalies (i.e. a pixel stuck on or off) are accepted by the industry as unavoidable. Accordingly, because the manufacturing yield of perfect active matrix panels is low, displays may have some sub-pixels that are either always on or off. The cost of accepting only theoretically perfect displays would almost double the price of LCD screens. Please be aware of this before purchasing a TFT screen. Windcrest LiftBits Ltd has to adhere to the manufacturer's guidelines stipulating that a given number of pixel failures are deemed acceptable before the TFT screen is accepted for replacement on grounds of fault.
Delivery, Title and Risk
Any time or date stated for delivery is an indication only. Windcrest LiftBits Ltd makes every effort to despatch goods on time, but does not accept liability, loss or any other costs for failure to deliver within the stated time.
If Windcrest LiftBits Ltd is unable to deliver the goods within the agreed delivery period, the Customer will, as its sole remedy, be entitled to cancel the order and require any monies paid to Windcrest LiftBits Ltd in respect of that order to be refunded in full. In order to cancel, the Customer must send written notice of cancellation to Windcrest LiftBits Ltd after the due date but before delivery of the goods or notification from Windcrest LiftBits Ltd that the goods are ready for delivery.
Windcrest LiftBits Ltd does not accept liability for shortages or damage to deliveries unless the Customer notifies Windcrest LiftBits Ltd of the shortage or damage in writing within 3 days of receipt of the delivery.
The Customer has to accept the goods after they have placed the order as material and manpower will be spent immediately upon receiving the order so as to ensure the required delivery date is achieved. However, if the order is cancelled, any time before dispatch a 25% charge will be made.
Delivery is deemed to take place when the goods are delivered to the Customer's nominated address, whereupon the risks of loss, breakage and all damage and all other risks shall pass to the Customer.
Title in the goods does not pass to the Customer until payment is received in full by Windcrest LiftBits Ltd. If the goods have been installed or stored in a different location than the delivery address, this information must be provided to Liftbits upon request if payment is not made in full.
If the Customer cannot accept delivery, Windcrest LiftBits Ltd may at its option: (a) store and insure the goods at the Customer's expense and risk or (b) sell the goods at the best price reasonably obtainable and (after deducting reasonable storage insurance and selling costs) pay to the Customer any excess over the sale price or charge the Customer for any shortfall or (c) re-arrange delivery provided that Windcrest LiftBits Ltd may charge the Customer for the additional delivery costs incurred.
Warranties and Returns
Windcrest LiftBits Ltd is committed to providing our customers with the highest quality products and service. However, on rare occasions, products may be found to be faulty or defective. In such cases we offer the returns facilities described below.
All goods supplied by Windcrest LiftBits Ltd are warranted to be generally free from defects in workmanship and materials.
If you purchase goods in the course of your business, all other express or implied terms or warranties relating to the goods are excluded to the fullest extent permitted by law. Subject to this, however, goods are not tested or sold as being fit for any particular application or for use under specific conditions, unless expressly agreed in writing.
All services provided by Windcrest LiftBits Ltd will be provided with reasonable skill and care and within a reasonable period. If you purchase services in the course of your business, all other express or implied terms or warranties relating to the services are excluded to the fullest extent permitted by law.
Unless agreed in writing Windcrest LiftBits Ltd does not sell products on a trial basis. Customers are strongly advised to check suitability and specifications of products before ordering.
In the event that Windcrest LiftBits Ltd, at its discretion (unless the Consumer Protection (Distance Selling) Regulations 2000 apply, agrees to accept the return for credit of unwanted products, the goods must be returned with Windcrest LiftBits Ltd prior written agreement within 14 days of delivery. The goods must be unopened and in perfect re-saleable condition. All goods returned in these circumstances could be subject to a 30% handling fee.
Subject to testing to verify any alleged fault, we will accept the return of defective items for full refund or replacement at our option, but only if, the goods are returned within 14 days of delivery.
Windcrest LiftBits Ltd technical support staff or Customer Support staff, as appropriate, will advise you of which method of delivery to use to return the products. Depending on the nature of the product purchased, we will either arrange a replacement, or request that you return the product directly to us. Authorised product returns must be sent to: Customer Returns, Windcrest LiftBits Ltd 8 Abbey Manufacturing Estate, Mount Pleasant, Wembley, and HAO 1NR
All returned goods must be accompanied by Windcrest LiftBits Ltd's Returns Authorisation number (‘RA Number’) which can be obtained by contacting us on +44 (0)20 8795 0333. Returned goods will not be accepted without an RA Number. The RA Number must be clearly marked on the outer packaging, not on the goods. Failure to follow these instructions may result in delay and additional costs.
Windcrest LiftBits Ltd cannot accept liability for returned packages damaged during transit. It is the Customer's responsibility to wrap the product adequately to prevent damage.
Proof of postage is not proof of delivery and you are therefore strongly advised to send your package by recorded delivery, registered post or courier, and to insure the goods for their full value.
On receipt of the returned product, we will test it to identify the fault you have notified to us. If following the testing process, the product is found to be in good working order without defect, we will return the product to you, and the carriage costs of this return will be your responsibility. Please note that if you have, in the meantime, required us to provide you with a replacement product before completion of the testing process, you will have to pay for this product also.
This warranty shall not apply if the goods have been worked upon, altered or damaged in any way by the Customer or its employees or agents, or to goods not used in accordance with the manufacturer's instructions.
Unless otherwise stated, all goods delivered to a UK mainland address carry a 12-month manufacturer's warranty; this does not affect your statutory rights.
No software on which seals have been broken can be returned for credit. If any software discs are faulty, they will be replaced. Please note Software Licences are non returnable unless the software is materially non-compliant with its specification or the physical media on which it is supplied is defective.
Errors and Omissions
Windcrest LiftBits Ltd makes every effort to ensure that all prices and descriptions quoted in its catalogue and on its website are correct and accurate. However, the frenetic tempo of business today makes it inevitable that mistakes will occasionally occur. In the case of a manifest error or omission, Windcrest LiftBits Ltd will be entitled to rescind the contract, notwithstanding that it has already accepted the Customer's order and/or received payment from the Customer. Windcrest LiftBits Ltd liability in that event will be limited to the return of any money the Customer has paid in respect of the order. In the case of a manifest error in relation to price, the Customer will be entitled to purchase the goods by paying the difference between the quoted price and the correct price, as confirmed in writing by Windcrest LiftBits Ltd after the manifest error has been discovered.
A 'manifest error', as the term is used in sub-paragraph (1) above, means, in relation to an incorrect price, a price quoted in error by Windcrest LiftBits Ltd which is more than 10% less than the price that would have been quoted had the mistake not been made.
Windcrest LiftBits Ltd Liability
Windcrest LiftBits Ltd shall under no circumstances be liable for any consequential or indirect damage or loss, however caused, including (but not restricted to) loss of business or profits, loss of goodwill, damage to trading relationships loss of data and other financial loss. ("Financial loss" in this sense does not refer to the price you have paid for the goods, which we may be liable to refund to you, in whole or in part, if the goods are faulty or do not comply with their description). Windcrest LiftBits Ltd liability in respect of all other losses shall be limited to the invoiced amount of the relevant order, provided it has been paid.
Nothing in this agreement shall limit Windcrest LiftBits Ltd liability for death or personal injury caused by its negligence.
Force Majeure
Where, in spite of its reasonable efforts, Windcrest LiftBits Ltd is unable to perform an obligation due to force majeure, it shall not be deemed to be in breach of its contract with the Customer.