Customer Terms and Conditions

Lemac Multilifts is a trading name of Lemac Limited, South Quay, Douglas, Isle of Man IM1 5AR

Updated: February 2020

Acceptance

This contract shall consist only of our offer which includes the terms set out in this contract and your placing an order for a Multilift as acceptance of our offer. Nothing else shall form part of the contract and be binding on either you or us. If you are purchasing the Multilift as a consumer it is our responsibility to supply you with goods that meet your consumer rights. Nothing in this contract affects your statutory rights.

Delivery, cancellation and returns

Any specified delivery periods shall always be non-binding. We will endeavour to deliver your Multilift on the date specified to the address specified in the order, however in circumstances beyond our reasonable control we will not be held liable for costs incurred if we cannot meet this date. Such causes include, but are not limited to, weather, traffic, illness, strikes, health and travel restrictions.

Risk passes to you when we hand the goods to our delivery service. If you do not take receipt of the goods when delivered then we shall not be liable for accidental destruction, loss or damage to the goods.

The type and use of packaging and the mode of delivery of the goods shall be at our discretion. We are not required to comply with any special delivery requests or instructions made by you unless previously agreed in writing in the order.

If the Multilift is supplied for export from the Isle of Man and/or the United Kingdom then in accordance with the INCO terms it shall be delivered FOB from the air or seaport of shipment. Unless otherwise agreed in writing between us, you will be responsible for testing or inspecting the Multilift at our premises (or as we designate) prior to shipment and we shall have no liability to you for any claim regarding any defect in the Multilift which would be apparent on such prior inspection or in respect of damage during transit.

Upon delivery you should inspect the goods for defects without delay. You must give us written notification of any obvious defects as soon as possible and no later than within 14 days of receipt of the goods.

If you wish to return the goods you must do so within 14 days of receipt of the Multilift. After this date no cancellation of the order or return of the goods will be accepted. Please see clause 15 for further information about cancellation and returns.

Buying back the Multilift

We will not buy back your Multilift from you if you decide you no longer wish to keep it.

Price

The price of the Multilift is as set out in our published price list current at the date of acceptance of your order. All prices quoted are valid for 30 days only after which time we may alter the price. The price of the Multilift is inclusive of UK value added tax. The price of the Multilift is exclusive of delivery. Our delivery charges are as stated from time to time on our website. Deliveries to non-UK addresses may incur additional local taxes and/or duties which will be additionally payable by you.

Payment

Payment in full must be made at the time of ordering. The Multilift will not be dispatched until payment in full is received by the method stated on the order.

Installation

We will not install the Multilift. You agree to arrange the installation of the Multilift by suitable qualified personnel and in accordance with the Installation Guide and in compliance with building regulations and safety requirements in your jurisdiction. It is the responsibility of the purchaser/installer to ensure that adequate safety precautions are taken when installing and using the Multilift.

Who owns the Multilift

You will own the Multilift once you have paid us all the amounts you owe us under the order.

Warranty

We will supply the Multilift with a 12-month manufacturer’s warranty which covers the cost of parts and labour for faulty manufacture. We warrant that the Multilift will correspond with its specification subject to such tolerances as are reasonable and are normally accepted in the trade and will be free from defects in material and workmanship at the time of delivery. Our warranty does not cover issues caused by the Multilift being installed incorrectly, , being used incorrectly (including overloading the Multilift), failure to maintain the Multilift in accordance with our instructions, defects arising as a result of fair wear and tear, wilful damage by yourself or other people, your negligence, abnormal storage or working conditions.

You accept that the Multilift is made from some remanufactured components and therefore there may be signs of previous use and cosmetic damage, however all are within acceptable tolerances.

Except where you are dealing as a consumer, all warranties, conditions and other terms implied by statute or common law are excluded to the fullest extent permitted by law.

If a valid claim is made in respect of the Multilift based on a defect in the quality or condition of the Multilift we shall be entitled to elect to replace the Multilift (or relevant part) or refund the price of the Multilift and we shall have no further liability to you.

Safety and Specification

If we are unable to supply your Multilift for safety or other practical reasons, we will be entitled to cancel your order, even if we have already accepted it. If we do this, we will return any deposit you have paid to us as soon as possible.

We may update or review our installation guide and instruction manual in the future. You agree that you will only operate the Multiflift in accordance with these documents and any changes notified to you.

We may make changes to the Multilift specification to conform with any applicable safety or other statutory requirement or otherwise within reasonable limits having regard to the nature of the Multilift.

The Multilift is never to be used for the transport of people or animals. It can only be used for the lifting of objects.

Liability

We will not be held liable for any alterations or modifications made to the Multilift or deviations from the installation instructions. This contract shall not limit or exclude liability for death or personal injury caused by our negligence. Except as provided in these terms and conditions, we shall not be liable to you or any third party for any representation, implied warranty, condition, common law duty or otherwise for any consequential loss or damage, costs, expenses or other claims for consequential compensation (whether caused by our negligence, our employees or agents) which arise out of the supply of the Multilift, its resale or installation.

We shall not be liable to you or any third party for any delay in performing this contract if the delay or failure to perform was beyond our reasonable control including as a result of war, terrorism, disturbance, import or export regulations, embargoes, governmental acts or restrictions, health emergencies, strikes, industrial action, difficulties obtain raw materials, fuel or labour, power failures or any other force majeure circumstances.

Opportunity to put things right

We are aware there are times when things go wrong, if you suffer any loss or damage as a result of our negligence, then we request you allow us a reasonable opportunity to remedy the problem. In order to do so, we may be required to appoint subcontractors or carry out an effective repair ourselves. We will not be responsible for any loss or damage which you fail to allow us a reasonable opportunity to put right and/or which could have been avoided or minimized by you taking reasonable steps which you or someone on your behalf failed to take. You will be consulted throughout the process until a final remedy has been agreed.

Law

Isle of Man and the jurisdiction of the Isle of Man courts shall apply to this contract.

Complaints policy

Lemac Limited will always endeavour to provide the best service and products for our customers. However, we recognise that there may be rare occasions when our customers may not be completely satisfied. As soon as possible after receipt of the goods please inspect the Multilift to ensure that all parts have been correctly received and the packaging is undamaged. In the unlikely event that there is anything that you are not completely satisfied with, please contact us as soon as you can so we can rectify any problems as soon as possible. To ensure we are able to put things right as soon as we can, contact sales@lemacmultilifts.com and we will respond promptly.

Representations

Our employees and agents are not authorised to make representations, give advice or make representations about the Multilift or its use and you will not rely upon any such representations unless confirmed by us in writing.

Cancellation

If you are contracting with us as a consumer, you have the right to cancel this contract within 14 days without giving reason. The 14 day cancellation period will expire 14 days after your order is accepted. To exercise the right to cancel, you must inform us of your decision to cancel the contract in a clear statement (eg by post or email) addressed to Lemac Limited, Quay House, South Quay, Douglas, Isle of Man IM1 5AR or sales@lemacmultilifts.com.

If you choose to cancel this contract and the Multilift has been dispatched to you, you must pay for the return of the Multilift to our depot address. If you fail to return the goods to us then you will be liable to us for the costs of recovering the Multilift. We will make the reimbursement without delay, and not later than:

• 14 days after we have received back the goods supplied to you; or
• if the goods have not yet been supplied to you 14 days after the day on which we were informed of your decision to cancel this contract.

We will make the reimbursement using the same means of payment that you used for the initial transaction, unless we expressly agree otherwise. You will not be reimbursed or recompensed for any time spent or building work or alterations which you have made in preparation to install the Multilift.

Third Party Rights

A person who is not party to this contract has no rights under the Contracts Rights of Third Parties Act 2001 to enforce any terms of this contract.

Intellectual Property Rights

All intellectual property rights in the Multilift products are owned by us and this contract does not grant you or anyone else a right or licence to use those intellectual property rights (including the right to copy any designs, drawings or documents supplied by us).

Personal information and Data Protection consent

Lemac Limited as the data controller will use your personal data to administer this contract. When you place your order you consent to us using your data. Your rights are protected under the General Data Protection Regulations and data protection law as it applies in the Isle of Man from time to time. Your personal data will only be shared with other members of the Lemac Limited group and selected third parties that assist us in delivering services or provide banking or credit rating services to us.

We will use your personal data to enable us to meet our obligations to you and administer and fulfil your order, to enable us to take payment, for the prevention of fraud, to assess your credit rating, to provide after sales services, to advise you on any warranty issues and to market certain other products and services to you which may be of interest to you. We will retain your information throughout the life of the Multilift in order to enable us to inform you of any actions required in relation to your Multilift. Your personal data will be held securely. A full copy of our data protection policy is available on our website https://www.lemacmultilifts.com/privacy-policy.shtml or on request from the Data Protection Officer at info@lemacmultilifts.com.