RAMP & MOBILITY SOLUTIONS LTD T/A NEXUS ADAPT TERMS & CONDITIONS
These terms and conditions set out the basis on which we, Ramp and Mobility Solutions Ltd t/a Nexus Adapt, of 61 Alexandra Road, Lowestoft, Suffolk NR32 1PL, company no. 13135153 (“Nexus”, “we”, “us”), are agreeing to provide our design and build services (the “Services”) to you, a customer wishing to purchase those services (“you”, “your”, “Customer”).
Your rights under these terms and conditions will vary depending on whether you are a business customer, engaging us for a project relating to your business, or an individual consumer, engaging us for a project relating to your home or another personal property. Where these rights differ, we have specified this in the terms below.
Contract Process
We will provide you with a non-binding quotation and estimate for the Services you require, including our estimate for the costs, timescales and work required for your project. Unless we agree otherwise, any quotation given by us will only be valid for 30 days from the date we send it to you.
By confirming to us that you wish to proceed with the Services as set out in our quotation, you are making an offer to purchase those Services from us.
Your request for Services will only be deemed to be accepted by us and a contract formed on these terms, when we confirm in writing that we are agreeing to provide those Services.
Where you are a business customer, these terms and the specification for the Services agreed between you and us (the “Specification”) constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by us or on our behalf which is not set out in these terms and that you have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these terms.
Our Services
We will supply our Services to you in accordance with the Specification.
We will provide our Services with reasonable care and skill and use all reasonable endeavours to meet any timeframes quoted by you, but any dates we have quoted in the Specification or in our quotation are estimates only and we cannot guarantee completion of the Services by a fixed date.
From time to time it may be necessary for us to change the Specification, either to reflect changes in the legal or regulatory requirements that apply, because of new information we discover about your property or changes you request during the project. Where we do this, we will consult with you first before making any material changes and, except where changes are needed for legal compliance or the problem is urgent, will agree the changes in advance. If you are a consumer and do not agree with any changes we wish to make to the Services, you will have the option to cancel the remainder of your Contract and receive a partial refund.
Your Responsibilities
a. provide us with all information we reasonably ask you for relating to your property and your requirements for the Services and ensure that this information is correct;
b. keep us updated with any changes to the property, your requirements or any information you have previously given to us, including any updates on planning permissions or building regulations approvals for the project;
c. provide us and our employees, agents, consultants and sub-contractors with access to your property as and when required for us to provide the Services and deliver materials;
d. provide all reasonable co-operation we may require from you or any third party contractors engaged by you in providing the Services;
e. ensure that you have all necessary licences, permissions and approvals for us to be able to deliver the Services lawfully, including all access rights to and from the property, planning permissions for the proposed Services, building regulations approvals (where required for the Services) and any easements or utilities rights required; and
f. keep any of our materials, equipment or documents you agree for us to leave at your property safe and in good condition, at your own risk and not dispose of or damage any such property.
We will not be responsible for any delays in us providing the Services which are caused by anything done by you or any failure by you to comply with your responsibilities under these terms.
We also reserve the right to charge you additional sums if you don’t give us information we’ve asked for about how we can access your property to provide the Services or if you don’t do preparatory work to prepare for the Services, as agreed with us. For example, we might need to return on another vehicle or with extra manpower, or reschedule the Services or third party contractors.
Charges and Payment
We will provide you with an estimated budget for the Services as part of our Specification and keep you updated regularly on Charges against that budget. Please note this is an estimated budget only and, except where we’ve agreed otherwise in writing, shall not be taken as a fixed amount or guarantee of the final Charges.
Unless we’ve agreed otherwise in writing, we will usually invoice you for the Charges as follows:
a. if you are a consumer customer, 70% of our estimated total Charges following acceptance of your Order, and the final balance of our Charges within 3 days of practical completion of the Services or as otherwise agreed with you in writing;
b. if you are a business customer, subject to agreement to the contrary in writing between us and your Managing Director (or such other of your officers as we may approve), 70% of our estimated total Charges following acceptance of your Order, and the final balance of our Charges within 7 days of practical completion of the Services or as otherwise agreed with you in writing; or
c. if you are a public authority or a public sector organisation, unless we agree otherwise with you in writing, you will be subject to a credit limit which we will confirm to you in writing. If you fail to settle any outstanding credit within 30 days of such credit being incurred, we may refuse to provide any further Services until all such credit has been settled.
As well as our own Services, the Charges will also include any expenses reasonably incurred by us or any third parties engaged by us in connection with the Services, travel, hotel and subsistence costs, material costs and the costs of third parties engaged to provide any part of the Services.
All of our invoices are due and payable on presentation, unless we have agreed otherwise in writing.
If we’re unable to collect any payment you owe us we charge interest on the overdue amount at the rate of 4% a year above the Bank of England base rate from time to time. This interest accrues on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You pay us the interest together with any overdue amount.
If the rate of VAT that applies to any of the Charges changes between your order date and the date we supply the Services, we adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect.
If you are a business customer, all amounts due under the Contract shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
Your Rights to Cancel
a. you change your mind within 14 days of us accepting your Order – in these circumstances you will be entitled to a refund of any amounts you’ve paid us in advance less any Charges for Services we have provided or for unrecoverable costs for your Services we have committed to before you cancelled;
b. you are unhappy with a proposed change to the Specification or Services we have suggested – in these circumstances you will be entitled to a refund of any amounts you’ve paid us in advance less any Charges for Services we have provided or for unrecoverable costs for your Services we have committed to before you cancelled; or
c. you have a legal right to cancel because we have failed to comply with your legal obligations in respect of the Services – in these circumstances you may be entitled to a refund depending on the specific issue and when it was notified to us.
a. in material breach of our obligations in the Contract and fail to rectify this breach within 28 days of you notifying us in writing of it; or
b. if we become subject to any insolvency process, such as liquidation or administration.
Our Rights to Cancel
a. you don’t make any payment to us when it’s due and you still don’t make payment within 7 days of us reminding you that payment is due;
b. you don’t, within a reasonable time of us asking for it, provide us with information, cooperation or access that we need to provide the Services;
c. you fail to obtain, within a reasonable time, any planning permission, building regulations consent or any other permissions or approvals required for us to provide the Services;
d. you fail to comply with any of your other obligations in these terms when required; or
e. being a business, you become subject to any insolvency process or your financial position deteriorates to such an extent that in our opinion your ability adequately fulfil your obligations under the Contract has been placed in jeopardy.
If we end the Contract early for one of the reasons above, you must immediately pay all outstanding amounts due for any Services provided or procured by us on your behalf and return to us any of our information or materials in your possession.
As well as cancelling the Contract early, we also reserve the right to suspend provision of the Services to you for any of the reasons listed above until you have rectified the issue which caused us to suspend the Contract.
Our Liability to You
a. Unexpected. It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable).
b. Caused by a delaying event outside our control. As long as we have taken the steps to notify you of the delay as required by these terms.
c. Avoidable. Something you could have avoided by taking reasonable action.
d. A business loss. Our liability for any loss you suffer in connection with your trade, business, craft or profession is limited, as described in the terms below.
a. our liability will be unlimited in respect of death or personal injury caused by our negligence or that of our employees, agents or subcontractors, fraud or any other matter where it would be unlawful for us to exclude or restrict our liability;
b. we will not be liable to you, whether in contract, tort (including negligence), breach of statutory duty or otherwise for any indirect or consequential loss, loss of profits, loss of business, loss of contracts or any loss of or damage to goodwill;
c. we will not be liable to you for any breach of the terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982, which shall be excluded from this Contract; and
d. our total liability to you for all other losses arising in respect of this Contract shall be limited to the total Charges paid or payable by you for the Services.
Your Information and Personal Data
We will at all times handle any personal data you share with us in respect of the provision of the Services in accordance with our legal obligations, including those in the Data Protection Act 2018 and our Privacy Policy, a copy of which can be found here.
All intellectual property rights in or arising out of or in connection with the Services (other than intellectual property rights in any materials provided by you) will be owned by us at all times. We grant you a limited, non-exclusive licence to use our intellectual property rights solely to the extent necessary for you to receive the benefit of the Services.
Complaints and Disputes
If at any time you are unhappy with the Services you are receiving from us or have any concerns about our performance please do let us know using the contact details below and we will do our best to rectify the issue.
How to Contact Us
a. Phone: 01502 806966
b. Email: sales@NexusAdapt.co.uk
c. Website: https://www.NexusAdapt.co.uk/
d. Post: Unit 6, Cooke Close, Lowestoft, Suffolk, NR33 7NW
Other Important Terms
If our supply of our Services to you is delayed by an event outside our control, such as extreme weather or material delays, we will contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we won’t compensate you for the delay, but you can contact us to end the Contract and receive a refund for any services you have paid for in advance, but not received, less reasonable costs we have already incurred.
We can transfer our contract with you, so that a different organisation is responsible for supplying your Services. We’ll tell you in writing if this happens and if you are a consumer we’ll ensure that the transfer won’t affect your rights under the Contract.
You can only transfer your contract with us to someone else if we agree to this.
Nobody else has any rights under this Contract. This contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.
If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.
Even if we delay in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you’re not allowed to, but that doesn’t mean we can’t do it later.
These terms and conditions and the Contract will be governed by English law. Any disputes or claims under or relating to the Contract will be dealt with in the English courts, except that if you are a consumer and live in Wales, Scotland or Northern Ireland, claims may be brought in the country where you live.
