Terms and Conditions

    1. In these conditions, unless the context requires otherwise:
      Bickers Lifting means Bickers Lifting Limited (company registration number 03830215) having its registered office at Ivy Farm Works. Coddenham, Ipswich, Suffolk IP6 9QX.
      Contract means any contract created by the acceptance of the order and which incorporates these conditions made between Bickers and the Customer.
      Customer means the person, firm or company who has ordered or agreed to purchase goods and/or services from Bickers.
      Goods means any equipment sold by Bickers Lifting to the Customer;
      Services means the services and/or work (if any) to be performed by Bickers Lifting as detailed in the Contract excluding work associated with the manufacture and/or supply of the Products.
    1. The Contract shall be subject to these conditions to the exclusion of all of terms and conditions (including any terms or conditions which the Customer purports to apply under any other document).
    2. Any variation to these conditions shall have no effect unless expressly agreed in writing by both parties.
    3. Nothing in these conditions shall affect the statutory rights of any consumer.
    4. Quotations are given by Bickers Lifting on the basis that no Contract shall come into existence until Bickers Lifting dispatches an acknowledgement of order to the Buyer.
    1. The quantity and description of the goods shall be as set out in the Bickers Lifting’s quotation or acknowledgment of order.
    2. All specifications and advertising issued by Bickers Lifting and any descriptions or illustrations contained in Bickers Lifting’s catalogues or brochures are published for the sole purpose of giving an approximate idea of the goods described in them. They shall not form part of the contract and this is not a sale by sample.
    3. Bickers Lifting may make any change to the specification, design, materials or finishes of the goods which are:
      1. required to conform with any applicable safety, statutory or regulatory requirement; or
      2. Do not materially affect their quality or performance.
    1. Unless otherwise agreed by Bickers Lifting in writing, the price for the Goods and/or Services will be the price set out in Bickers published price list current at the date of acceptance of the order and is exclusive of any costs of carriage, VAT and any other applicable sales tax or duty which will be added to the sum in question.
    2. Bickers Lifting shall invoice the Customer:
      1. in respect of the Services at the end of the month in which the Services are provided; and
      2. In respect of Goods, upon delivery.
    3. Payment shall be due within 30 days of the date of the invoice for such Goods and/or Services. Time for payment shall be of the essence. The Customer shall make all payments due under the Contract without any deduction.
    4. If any sum payable under the Contract is not paid when due then, without prejudice to Bickers Lifting’s other rights under these conditions, that sum will bear interest from the due date until payment is made in full at 3 per cent per annum over [●] Bank plc base rate from time to time.
    5. Title to any Goods will not pass to the Customer until payment of the price of the Goods has been made in full.
    1. Bickers lifting will use its reasonable endeavors to provide the Services and/or deliver the Goods by the agreed performance dates or if no dates are stated, within a reasonable time.
    2. All performance dates are estimates only and time shall not be of the essence for performance.
    3. The Customer shall not be entitled to refuse to accept late delivery or treat late delivery as a breach of contract.
    4. Bickers Lifting shall not be liable for late delivery or non-delivery owing to any circumstance beyond its reasonable control (including any delay, act or omission of a third party carrier used by Bickers Lifting) and delivery of any Goods shall be suspended for so long as such circumstance lasts.
    5. The Customer will inspect any Goods immediately upon receipt and will notify Bickers Lifting of any defects in the Goods, any shortages in quantity or any other complaint in respect of them within 14 days from the date of delivery where any defect would be apparent from any reasonable inspection or testing of the Goods.
    6. Where the Customer notifies Bickers Lifting of non-delivery, defects, shortages of Goods, Bickers Lifting’s only liability shall be at its sole option as soon as reasonably practicable to repair, replace defective goods, make good any shortages or to refund the Customer the purchase price paid for the goods.
    7. Risk in the Goods will pass to the Customer upon delivery.
    8. Ownership of the Goods shall not pass to the Customer until Bickers Lifting has received in full (in cash of cleared funds) all sums due to it in respect of the Goods; and all other sums which are or which become due to Bickers Lifting from the Customer on any account.
    1. If the Customer finds a material defect in the Goods within 14 from and including the date of delivery Bickers Lifting will at its sole option repair or replace goods which are proved to the reasonable satisfaction of Bickers Lifting to be damaged or defective due to defects in material, or workmanship. This obligation will not apply where:
      1. the goods have been improperly altered in any way whatsoever, or have been subject to misuse or unauthorised repair;
      2. the goods have been improperly installed or connected;
      3. any maintenance requirements relating to the goods have not been complied with;
      4. any instructions as to storage of the goods have not been complied with in all respects; or
      5. The Customer has failed to notify Bickers Lifting of any defect or suspected defect within 5 days of delivery where the defect should be apparent on reasonable inspection and in any event no later than 12 months from the date of delivery.
    2. Bickers Lifting warrants that any Services will be provided in accordance with all applicable legislation from time to time in force and Bickers Lifting will inform the customer as soon as it becomes aware of any changes in that legislation.
    1. Where the Contract requires Bickers Lifting to perform Services at the Customer’s premises, the Customer shall:
      1. co-operate with Bickers Lifting in all matters relating to the Services;
      2. provide such access to Customer’s data and other facilities as may reasonably be required by Bickers Lifting and agreed with the Customer in advance, for the purposes of the Services; and
      3. Provide such information as Bickers Lifting may reasonably request and the Customer considers reasonably necessary, in order to carry out the Services, in a timely manner, and ensure that it is accurate in all material respects.
    2. Bickers Lifting’s employees, agents and representatives shall abide by such regulations detailed in the Contracts and as are applicable to their presence on the Customer’s premises.
    1. Bickers Lifting’s express liability under the these Terms and Conditions shall be Bickers Lifting’s only liability and the Buyer’s only remedy for breach of these conditions and all other liability of Bickers Lifting whether in contract, tort (including negligence), statute or otherwise, is hereby excluded.
    2. Any Goods are supplied strictly on the terms that the Customer has satisfied itself of their suitability for its purposes. All warranties and representations express or implied, as to the quality or fitness for purpose of the Goods are hereby excluded to the fullest extent permitted by law.
    3. Nothing in these Terms and Conditions shall limit or exclude Bickers Lifting’s liability for:
      1. death or personal injury resulting from its negligence;
      2. under s2(3) Consumer Protection Act 1987; or
      3. For fraud or fraudulent misrepresentation.
    4. In any event, the total liability of Bickers Lifting in respect of breach of any contract for the sale of goods, supply of service or any representation given in connection with such a contract, whether in contract, tort (including negligence) statute or otherwise shall be limited to the price for the Contract.
    5. In any event, Bickers Lifting shall not be liable to the Customer in respect of breach of any contract or any representation given in connection with such a contract, whether in contract, tort (including negligence) statute or otherwise howsoever, for any consequential, indirect or special losses, any loss of use, profit, business, revenue, or contract, or any liability of the Customer to any third party.
    1. All patents, copyrights, design rights and trademarks, rights to confidence and all other intellectual property rights, whether registered or unregistered, in any part of the worlds, in or developed by Bickers Lifting in relation to the Goods are and shall remain the property of Bickers Lifting.
    2. The Customer shall not remove or tamper with any trademarks or labels attached to the goods.
    1. All notices shall be in writing, and sent by first class post, facsimile or email to the address of the recipient stated in any quotation, order or acknowledgement of order.
    2. Notices shall be deemed to be received if sent by first class post, on the second day following the day of posting, and if sent by email or facsimile on day of transmission (if sent before 4.00 pm).
    1. Each right or remedy of Bickers Lifting under the Contract is without prejudice to any other right or remedy whether under the Contract or not.
    2. No failure or delay by Bickers Lifting to exercise any right, power or remedy will operate as a waiver of it, nor will any partial exercise preclude any further exercise of the same, or of any other right, power or remedy.
    3. If any provision of the conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these conditions and the remainder of the clause in question will not be affected.
    4. The parties do not intend that any term of these conditions shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that it not a party to it.
    5. These conditions and any contract to which they apply shall be governed by and construed in accordance with English law and the parties hereby submit to the exclusive jurisdiction of the English Courts.