Terms & Conditions

Address: Altitude Safety Limited. Citrus Group House, Diamond Way, Nene Park, Irthingborough, Northamptonshire NN9 5QF.
Telephone: 0844 33 563 81
Email: [email protected]
Web: www.altitudesafety.co.uk
Company Reg No: 6900530
VAT number:  935665002

Terms and Conditions of Hire

These Terms and Conditions apply to all Equipment hired from us, Altitude Safety Limited, a company registered in England and Wales under number 6900530, whose
registered address is at Citrus Group House, Diamond Way, Nene Park, Irthlingborough, Northamptonshire, NN9 5QF (“we/us/our”).

1. Definitions and Interpretation

1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Confirmation of Hire” means our acceptance and confirmation of your Order; “Consumer” is as defined in the Consumer Rights Act 2015; “Contract” means the contract formed between you and us, as explained in clause 2, which incorporates and is subject to these Terms and Conditions; “Equipment” means the equipment to be hired by you; “Hire Term” means the term of hire as set out in our Confirmation of Hire, which may be extended only with our written agreement; “Order” means your order to hire the Equipment: “Quotation” means any Quotation we may give to you in accordance with clause 2. Any Quotation is open for acceptance for a period of 30 days, unless otherwise specified, and sets out our entire scope of works; “Website” means https://www.altitudesafety.co.uk/; “Working Day” means Monday to Friday, excluding bank holidays in England; and “You/your” means the customer entering into the Contract with us.

1.2 Each reference in these Terms and Conditions to “writing” and “written” includes
electronic communications such as email.

 

2. The Contract
2.1 These Terms and Conditions govern all Equipment hired by us and will form the basis of the Contract between you and us.

2.2 If you wish to place an Order with us through our Website, this will guide you through the process. Before submitting your Order, you will be given the opportunity to
review and amend it.

2.3 Alternatively, you can contact us by telephone or email, or you can submit an enquiry through the Website, to obtain a Quotation. Our Quotation will be based on the
information provided by you at the time. If, after the Order is placed, we discover that additional work is required at an additional cost, we will send a revised Quotation. If you do not accept the new Quotation, the Contract will be cancelled and clause 9.4 will apply.

2.4 Please ensure that you have checked your requirements, including any initial Hire Term, and that you have read these Terms and Conditions carefully before submitting your Order to us or accepting our Quotation. If you are unsure about any part of these Terms and Conditions, please ask us for clarification.

2.5 No part of our Website constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that we may, at our sole discretion, accept. Our acceptance is indicated by us sending you a Confirmation of Hire by email. Only once we have sent you this Confirmation of Hire will there be a legally binding Contract
between you and us.

2.6 Equipment hire is subject to availability. If, for any reason, we do not accept or cannot fulfil your Order, no payment will be taken under normal circumstances. If we have taken payment, any such sums will be refunded to you within 14 days using the same payment method as was originally used.

 

3. Hire Term

3.1 You can choose an initial Hire Term, or you can choose an open-ended off-hire date. Any agreed Hire Term will be as detailed in our Confirmation of Hire.

3.2 All Equipment is subject to a minimum Hire Term of 5 Working Days. Any Hire Term of less than this will be charged as the full minimum Hire Term.

3.3 You must ensure the Equipment arrives back with us no later than the time of close of business on the last day of the Hire Term, or that you have requested off-hire by
telephone and have obtained an off-hire number from us within this same period.

3.4 If you wish to extend the Hire Term, please contact us in advance to agree this. Any extension will be subject to these same Terms and Conditions.

3.5 The Equipment may be returned early, however, no refunds will be issued for early returns.

3.6 We will use all reasonable endeavours to accommodate any reasonable changes that may be requested by you, subject to your acceptance of any related changes to the
fees that may be due as a result.

 

4. Price and Payment
4.1 We have made every reasonable effort to ensure that the prices on our Website are correct. If we find, or are made aware of, any typographical, clerical or other
accidental errors or omissions on our Website, we will make every effort to correct such errors or omissions as soon as is reasonably possible. If there is an obvious pricing error, we will be under no obligation to hire the Equipment to you at the incorrect (lower) price, even after we have sent you a Confirmation of Hire, if the price
error is unmistakable and could have reasonably been recognised by you as a mispricing. Prices will be checked when we process your Order.

4.2 All prices shown are exclusive of VAT. If the rate of VAT changes between the date of your Order and the date of your payment, we will adjust the rate of VAT that you must pay. Changes in VAT will not affect any prices where we have already received payment in full from you.

4.3 Pricing is shown on a per-week basis, subject always to the minimum Hire Term as set out in clause 3.2.

4.4 Payment must be made on a weekly basis in advance throughout your chosen Hire Term and any extended term.

4.5 If you have a credit account with us, we will not despatch any Equipment to you until we have received a purchase order from you, and all invoices are payable within 30 days from the date of invoice, unless otherwise agreed in writing, without set-off, withholding, retention or deduction.

4.6 If you do not have a credit account with us, we will issue you with a pro-forma invoice, which must be paid in full before any Equipment will be despatched to you.

 

4.7 All payments made via the Website will go through Trust Payments. No credit or debit card information is provided to us, and completion of the transaction will be subject to you agreeing to the payment gateway provider’s terms and conditions. A separate contractual relationship will be created between you and this third party, and we cannot be held liable for any errors, actions, omissions or incorrect charges that may
be made by them.

4.8 Time for payment is of the essence of the Contract. If you fail to make any payment to us by the due date then, without prejudice to any other rights which we may have, we will have the right to terminate the Contract, recover the Equipment as set out in clause 8, and charge interest from the due date until payment is made in full, both before and after judgment, at the rate of 8% per annum above the Bank of England base rate from time to time in force, in accordance with the Late Payment of
Commercial Debts (Interest) Act 1998. We will also charge for any costs we incur in attempting to recover any outstanding debt.

 

5. Delivery and Collection

5.1 You can choose to collect your Order from our premises, or you can select standard or next working day delivery, with timed options, as part of the Order process. We
can currently only deliver to mainland UK addresses. If we cannot fulfil your Order, clause 2.6 will apply.

5.2 If you wish to collect your Order, we will notify you when it is ready to collect. Our opening hours are Monday – Thursday, 8am – 5pm, and Friday 8am – 4:30pm,
excluding bank holidays in England. You will need to provide us with as much notice as possible before collecting, and you will need to bring proof of order, together with
purchase order numbers where applicable. We reserve the right to refuse collection if you are unable to comply with this clause 5.2, in which case we may cancel your order or arrange delivery at your cost.

5.3 Orders being delivered by standard delivery will normally be despatched within 7 days after the date of our Confirmation of Hire, to arrive where possible on the first date of hire.

5.4 For Orders with timed delivery, we will use all reasonable endeavours to ensure that they arrive within the specified timeframe, however, we cannot guarantee this will
be possible.

5.5 In any event, if your Order has not arrived by the estimated delivery date, please contact us as soon as possible so we can investigate.

5.6 Unless otherwise specified by us, all Orders will be delivered to kerbside only.

5.7 We will specify any offloading requirements in the Confirmation of Hire. Unless otherwise agreed in writing, you will be responsible for the offloading and loading of
the Equipment and for the provision of suitable handling solutions, together with any personnel required to assist with this, such as the provision of a forklift or any other
suitable assistance as may be necessary. If there are likely to be any delivery restrictions to your chosen address, you must contact us before placing your Order, as this may incur additional costs.

5.8 If no-one is available to accept the delivery, or if you do not comply with clause 5.7, we will leave a note explaining how to rearrange delivery or where to collect the
Equipment. The redelivery will be chargeable.

5.9 If you do not collect the Order from us or rearrange any failed delivery within 7 days, we will contact you to ask you how you wish to proceed. If we cannot contact you or arrange redelivery or collection, we may treat the Contract as cancelled and recover the Equipment.

5.10 The Equipment will be checked to ensure it is working correctly before we despatch it to you or make it available for collection.

5.11 You will need to sign for the Equipment on delivery or collection. This will be accepted as conclusive proof that the Equipment has been successfully delivered or collected, is in good working condition and is complete.

5.12 If, on delivery, any of the Equipment is defective or any parts are missing, and either you lawfully refuse the delivery or you sign for them on delivery as “unexamined” and you give us written notice of such defect within 24 hours of the delivery, we will replace the defective Equipment as soon as is reasonably possible. However, we shall
have no further liability to you and you may not reject the Equipment if delivery is not refused or notice given by you as set out above.

 

6. Your Obligations
6.1 You agree, during the Hire Term and any extended term, until the Equipment is returned to us, that you will:

6.1.1 keep the Equipment in your possession and control;

6.1.2 ensure the Equipment it is kept secure and adequately insured, on a full replacement basis, against loss, damage and theft, including while it is in transit. You must provide evidence of such insurance to us upon request. The proceeds of any claim in respect of such insurance shall be held by you on trust for us;

6.1.3 operate the Equipment in a proper, safe manner in accordance with any manufacturer’s instructions issued for it and for the purpose for which it was designed;

6.1.4 ensure the site at which the Equipment is to be delivered, used, worked on, transported over, erected, dismantled or otherwise is suitable for this; Altitude Safety Limited, Citrus Group House, Diamond Way, Nene Park, IRTHLINGBOROUGH, NN9 5FQ Registered in England No. 6900530

6.1.5 keep the Equipment in good working order, fair wear and tear excepted;

6.1.6 return the Equipment to us in a clean condition. We will charge for the cost of cleaning if this does not occur and our decision on the matter will be final;

6.1.7 not hold yourself out as owner of the Equipment, nor will you charge, encumber, sell, let, lease, hire or otherwise dispose of, part with, or abandon the Equipment;

6.1.8 ensure that any identification marks, labels or signs on or fixed to the Equipment are not removed, defaced, amended, obscured or otherwise subjected to interference, including those which identify the Equipment as belonging to us;

6.1.9 allow us access at all reasonable times to inspect, test, adjust, repair or replace the Equipment;

6.1.10 not allow any person other than our authorised personnel (or a person acting under our instruction) to interfere with, modify, relocate, remove or service the Equipment;

6.1.11 not, without our prior written consent, attach the Equipment to any land or building so as to cause the Equipment to become a permanent or immovable fixture on such land or building. If the Equipment does become affixed to any land or building, then the Equipment must be capable of being removed without material injury to such land or building and you will repair and make good any such damage caused and indemnify us against all losses, costs or expenses incurred as a result of such affixation or removal;

6.1.12 not use the Equipment for any unlawful purpose;

6.1.13 notify us in the event any accident or damage occurs in relation to the Equipment, in which event no admission of liability, offer or promise may be made without our prior written permission; and

6.1.14 return the Equipment to us at the end of the Hire Term, or any agreed extended term, using a suitable method of transport and adequate packaging to ensure no damage (or loss) is incurred. You should retain proof of postage until the Equipment has been successfully returned to us. If we do not receive it back at the end of the Hire Term, you will be responsible for the full cost of its replacement with a new item. You can request that we collect the Equipment, but this will be chargeable and in the event we are unable to collect it through no fault of our own, we will continue to charge for the hire.

6.2 If, at the end of the Hire Term or when we the receive the Equipment back, the whole or any part of the Equipment is found to be lost, damaged or stolen, we will invoice for the cost of the repair or replacement and we reserve the right to continue to charge for the hire until such sums have been received.

 

7. Equipment Breakdown

7.1 If the Equipment suffers a breakdown or malfunction, you must immediately stop using it and disconnect it from the power source (where appropriate). You must inform as soon as possible after the breakdown within our normal working hours (Monday – Thursday, 8am – 5pm, and Friday 8am – 4:30pm).

7.2 You must not undertake or permit any repair work to be carried out on the Equipment without our express written permission.

7.3 Where the breakdown is caused by fair wear and tear or by a fault in the Equipment, we will cover the cost of the repair (including labour and all parts necessary) and if
any individual item of Equipment is incapable of being used for a period of 5 Working Days or more, no hire charge will be made for the period in which that individual item of Equipment was unavailable to you for use.

7.4 Where the breakdown is caused by your negligence (or that of any third party) or as a result of wilful or accidental damage, misuse, vandalism, neglect, any of the events listed in clause 6.1 or any other cause beyond our reasonable control, you will be liable for the cost of the repair or replacement of the Equipment.

 

8. Title (Ownership) and Risk

8.1 Risk in the Equipment will pass to you upon it leaving our physical possession or control and will not revert back to us until the Equipment is back in our possession or
control, whether or not agreed Hire Term (or extended term) has expired.

8.2 Title (ownership) and all rights to the Equipment will at all times be vested in us and you acknowledge that you have no right, title, property or ownership in the Equipment.

8.3 We reserve the right to repossess any Equipment in which we retain title without notice. You irrevocably authorise us to enter your premises (or any premises at which
we reasonably believe the Equipment is being held) to repossess any Equipment in which we retain title.

 

9. Cancellation and Termination

9.1 If you wish to cancel the Contract at any time before the Equipment has been despatched or collected, you must notify us in writing.

9.2 If you are a business customer (i.e. not a Consumer), we reserve the right to charge for any costs incurred by us as a result of your cancellation including, but not limited to, administration and restocking charges.

9.3 If you wish to cancel the Contract at any time after the Equipment has been despatched or collected, you must notify us in writing. We will apply the minimum charge as set out in clause 3.2 and will continue to charge for the Hire Term until we have received the Equipment back in accordance with clause 6.2.

9.4 We reserve the right to cancel the Contract at any time and will confirm this in writing. If you have paid in advance for any period during which the Equipment is not available to you under this clause 9.4, any such sums will be refunded to you within 14 days using the same payment method as was originally used.

9.5 Upon cancellation or termination of the Contract for any reason, your right to possession of the Equipment will cease immediately and we, or our authorised representatives, may retake possession of the Equipment without notice and at your expense, in accordance with clause 8.

 

10. Our Liability

10.1 We will be responsible for any foreseeable loss or damage that you may suffer as a result of our breach of these Terms and Conditions or as a result of our negligence or breach of contract. Loss or damage is foreseeable if it is an obvious consequence of our breach or negligence or if it is contemplated by you and us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.

10.2 Under no circumstances will we be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity whatsoever.

10.3 Nothing in these Terms and Conditions seeks to exclude or limit our liability for death or personal injury caused by our negligence, or for fraud or fraudulent misrepresentation.

10.4 Nothing in these Terms and Conditions seeks to exclude or limit any of your rights as a Consumer, where applicable. More information can be obtained from your local Citizens’ Advice Bureau or Trading Standards Office.

10.5 If you wish to complain about any aspect of your dealings with us, please contact us via email at [email protected] in the first instance so we can
investigate.

 

11. Events Outside of Our Control: We will not be liable for any failure or delay in performing our obligations where that failure or delay results from any cause that is
beyond our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storm, earthquake, acts of terrorism or war, pandemic, epidemic, governmental action, natural disaster, or any other event that is beyond our control.

 

12. Data Protection: All personal information that we may collect will be collected, used and held in accordance with the provisions of the Data Protection Act 2018, the UK GDPR and any changes to them. For further information, please refer to our Privacy Policy on our Website.

 

13. Other Important Terms

13.1 We may transfer (assign) our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (if, for example, we sell our business). If this occurs, we will inform you in writing. Your rights under these Terms and Conditions will not be affected and our obligations under these Terms and
Conditions will be transferred to the third party who will remain bound by them.

13.2 You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without our express written
permission.

13.3 The Contract is between you and us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any
provision of these Terms and Conditions.

13.4 Any part of these Terms and Conditions found to be unlawful, invalid or otherwise unenforceable would be severed the Contract. The validity and enforceability of the
remaining parts of the Contract would not be affected.

13.5 No failure or delay by us in exercising any of our rights under these Terms and Conditions means that we have waived that right, and no waiver by us of a breach of
any provision of these Terms and Conditions means that we will waive any subsequent breach of the same or any other provision.

 

14. Governing Law and Jurisdiction: These Terms and Conditions and the Contract between you and us will be governed by, and construed in accordance with, the laws of England and Wales and any dispute will fall within the jurisdiction of the courts of England and Wales.

 

Terms and Conditions of Sales

These Terms and Conditions apply to all Products sold by us, Altitude Safety Limited, a company registered in England & Wales under number 6900530, whose registered
address is at Citrus Group House, Diamond Way, Nene Park, Irthlingborough, Northamptonshire, NN9 5QF (“we/us/our”)

 

1. Definitions and Interpretation

1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings: “Confirmation of Sale” means our acceptance and confirmation of your Order; “Consumer” is as defined in the Consumer Rights Act 2015; “Contract” means the contract formed between you and us, as explained in clause 2, which incorporates and is subject to these Terms and Conditions; “Order” means your order to purchase the Products: “Products” means the products sold by us; “Quotation” means any Quotation we may give to you in accordance with clause 2. Any Quotation is open for acceptance for a period of 30 days, unless otherwise specified, and sets out our entire scope of works; “Website” means https://www.altitudesafety.co.uk/; and “You/your” means the customer entering into the Contract with us.

1.2 Each reference in these Terms and Conditions to “writing” and “written” includes electronic communications such as email.

 

2. The Contract

2.1 These Terms and Conditions govern all Products sold by us and will form the basis of the Contract between you and us.

2.2 If you wish to place an Order with us through our Website, this will guide you through the process. Before submitting your Order, you will be given the opportunity to
review and amend it.

2.3 Alternatively, you can contact us by telephone or email, or you can submit an enquiry through the Website, to obtain a Quotation. Our Quotation will be based on the
information provided by you at the time. If, after the Order is placed, we discover that additional work is required at an additional cost, we will send a revised Quotation. If you do not accept the new Quotation, the Contract will be cancelled and clause 9 will apply.

2.4 Please ensure that you have checked your requirements and that you have read these Terms and Conditions carefully before submitting your Order to us or accepting our Quotation. If you are unsure about any part of these Terms and Conditions, please ask us for clarification.

2.5 No part of our Website constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that we may, at our sole discretion, accept. Our
acceptance is indicated by us sending you a Confirmation of Sale by email. Only once we have sent you the Confirmation of Sale will there be a legally binding Contract
between you and us.

2.6 If, for any reason, we do not accept or cannot fulfil your Order, no payment will be taken under normal circumstances. If we have taken payment, any such sums will be
refunded to you within 14 days using the same payment method as was originally used.

 

3. Price and Payment

3.1 We have made every reasonable effort to ensure that the prices on our Website are correct. If we find, or are made aware of, any typographical, clerical or other accidental errors or omissions on our Website, we will make every effort to correct such errors or omissions as soon as is reasonably possible. If there is an obvious pricing error, we will be under no obligation to provide the Products to you at the incorrect (lower) price, even after we have sent you a Confirmation of Sale, if the price error is unmistakable and could have reasonably been recognised by you as a mispricing. Prices will be checked when we process your Order.

3.2 All prices shown are exclusive of VAT. If the rate of VAT changes between the date of your Order and the date of your payment, we will adjust the rate of VAT that you must pay. Changes in VAT will not affect any prices where we have already received payment in full from you.

3.3 Payment must be made in full at the time of Order. All payments made via the Website will go through Trust Payments. No credit or debit card information is
provided to us, and completion of the transaction will be subject to you agreeing to the payment gateway provider’s terms and conditions. A separate contractual relationship will be created between you and this third party, and we cannot be held liable for any errors, actions, omissions or incorrect charges that may be made by them.

 

4. Delivery and Collection

4.1 You can choose to collect your Order from our premises, or you can select standard or next working day delivery, with timed options, as part of the Order process. We
can currently only deliver to mainland UK addresses. If we cannot fulfil your Order, clause 2.6 will apply.

4.2 If you wish to collect your Order, we will notify you when it is ready to collect. Our opening hours are Monday – Thursday, 8am – 5pm, and Friday 8am – 4:30pm,
excluding bank holidays in England. You will need to provide us with as much notice as possible before collecting, and you will need to bring proof of order, together with
purchase order numbers where applicable. We reserve the right to refuse collection if you are unable to comply with this clause 4.2, in which case we may cancel your order or arrange delivery at your cost.

4.3 For Orders with timed delivery, we will use all reasonable endeavours to ensure that they arrive within the specified timeframe, however, we cannot guarantee this will
be possible.

4.4 If your Order has not arrived by the estimated delivery date, please contact us as soon as possible so we can investigate.

4.5 If the Products are not in stock or are only partially in stock when the Contract is formed, we will contact you to advise of this and to ask if you would prefer us to
deliver the Products in instalments as they arrive in stock or if you would prefer to wait for the entire delivery when we have all the Products in stock. Please note each part-delivery may incur separate delivery costs.

4.6 If no-one is available to accept the delivery, the delivery company will leave a delivery note explaining how to rearrange delivery or where to collect the Products. The
redelivery may be chargeable.

4.7 Delivery will be to the kerbside only. If there are likely to be any delivery restrictions to your chosen address, you must contact us before placing your Order, as this may
incur additional costs.

4.8 If you do not collect the Order from us or rearrange any failed delivery within 7 days, we will contact you to ask you how you wish to proceed. If we cannot contact you or arrange redelivery or collection, we may treat the Contract as cancelled and recover any Products you have not yet paid for.

4.9 Unless otherwise specified by us, all Orders shall be delivered to kerbside only. Unless otherwise agreed in writing, you will be responsible for the offloading and loading of the Products and for the provision of suitable handling solutions, together with any personnel required to assist with this, such as the provision of a forklift or any other suitable assistance as may be necessary. If there are likely to be any delivery restrictions to your chosen address, you must contact us before placing your Order, as this may incur additional costs.

 

5. The Products

5.1 We have made every reasonable effort to ensure that the Products conform to the images and descriptions provided on our Website. However, please note that certain
colours may look different to the actual colour of the Products, when displayed on your electronic device.

5.2 We reserve the right to make any changes in the specification of the Products that may be required to conform to any applicable safety or other legal or regulatory requirements, without notice. We may also choose to change suppliers or make minor, non-aesthetic alterations to the specification of any Products without consulting you first.

5.3 We do not represent or warrant that particular Products will be available. If the Products are not available, clause 2.6 will apply.

5.4 The responsibility (sometimes referred to as the “risk”) for the Products remains with us until they have been delivered to or collected by you, at which point it will pass to you.

5.5 You own the Products only once we have received payment in full of all sums due
(including any delivery charges).

 

6. Faulty, Damaged or Incorrect Products

6.1 We will provide a guarantee for the Products, which is subject to the extents and limits of the manufacturer’s guarantee or warranty and is subject to the Products having been used and maintained correctly. Please contact us for further information.

6.2 In addition to the guarantee, by law, we must provide Products that are of satisfactory quality, fit for purpose, as described at the time of purchase, in accordance with any pre-contract information we have provided, and that match any samples that you have seen or examined (unless we have made you aware of any differences). If any Products you have purchased do not comply and, for example, have faults or are damaged when you receive them, or if you receive incorrect (or incorrectly priced) Products, please contact us as soon as reasonably possible to inform us of the fault, damage or error, and to arrange for the following remedy/remedies:

6.2.1 Beginning on the day that you receive the Products, you have a 30 day right to reject them and to receive a full refund if they do not conform as stated above. In this case you must return the Products as they were received, and we will reimburse delivery costs should we be found to be at fault.

6.2.2 If you do not wish to reject the Products, or if the 30-day rejection period has expired, you may request a replacement. We will bear any associated costs and will provide the replacement within a reasonable time and without significant inconvenience to you. In certain circumstances, where a replacement is impossible or otherwise disproportionate, we may instead offer you a full refund. If you request a replacement during the 30-day rejection period, that period will be suspended while we provide the replacement and will resume on the day that you receive the replacement Products. If fewer than 7 days remain out of the original period, it will be extended to 7 days.

6.2.3 If, after replacement, the Products still do not conform (or if we have failed to act within a reasonable time or without significant inconvenience to you), you
may have the right either to keep the Products at a reduced price or reject them in exchange for a refund.

6.3 Please note that you will not be eligible to claim under this clause 6 if we informed you of the fault(s), damage or other problems with the Products before you purchased them (and it is because of the same issue that you now wish to return them); if you have purchased the Products for an unsuitable purpose that is neither obvious nor made known to us and the problem has resulted from your use of the Products for that purpose; or if the problem is the result of normal wear and tear, misuse or intentional or careless damage.

6.4 To return Products to us under this clause 6, please contact us to arrange for the return. We will be fully responsible for the costs of returning Products under this
Altitude Safety Limited, Citrus Group House, Diamond Way, Nene Park, IRTHLINGBOROUGH, NN9 5FQ Registered in England No. 6900530 clause 6 and will reimburse you where appropriate.

6.5 Refunds under this clause 6 will be issued within 14 days of the day on which we agree that you are entitled to the refund, including all delivery costs paid by you when the Products were originally purchased and made using the same payment method that you used when ordering the Products.

 

7. Cancellations for Consumers Only

7.1 If you are a Consumer in the United Kingdom, you have a legal right to a “cooling-off” period within which you can cancel the Contract for any reason. This period begins once your Order is complete and we have sent you the Confirmation of Sale, i.e. when
the Contract between you and us is formed. You may also cancel before we send the Confirmation of Sale.

7.2 If the Products are being delivered to you in a single instalment, the legal cooling-off period ends 14 calendar days after the day on which you (or someone you nominate) receive(s) the Products. If the Products are being delivered in separate instalments on separate days, the legal cooling-off period ends 14 calendar days after the day on which you (or someone you nominate) receive(s) the final instalment of Products.

7.3 If you wish to exercise your right to cancel under this clause 7, you must inform us of your decision within the cooling-off period. Cancellation by email or by post is
effective from the date on which you send us your message.

7.4 Please note that you may lose your legal right to cancel under this clause 7 if the Products have been personalised or custom-made for you.

7.5 Please ensure that you return the Products to us no more than 14 calendar days after the day on which you informed us of your wish to cancel under this clause 7.

7.6 You may return the Products to us by post or another suitable delivery service of your choice. We recommend you obtain proof of such delivery, as the return is at your
risk. Please contact us to obtain details of the returns address. Please note that you must bear the costs of returning the Products to us if cancelling under this clause 7.

7.7 Refunds will be issued to you within 14 calendar days from:

7.7.1 the day on which we receive the Products back; or

7.7.2 the day on which you inform us (with evidence) that you have sent the Products back (if this is earlier than the day under clause 7.7.1);

7.7.3 if we have not yet provided a Confirmation of Sale or have not yet despatched the Products, the day on which you inform us that you wish to cancel the Contract.

7.8 Refunds may be reduced for any diminished value in the Products resulting from your excessive handling of them (i.e. more than would be permitted in a shop). If we issue a refund before we have received the Products and have had a chance to inspect them, we may then charge you an appropriate sum if we find the Products have been
handled excessively.

7.9 Refunds under this clause 7 will be made using the same payment method that you used when ordering the Products, unless you specifically request that we make a
refund using a different method.

 

8. Cancellations for Business Customers Only

8.1 If you are not a Consumer, you may not cancel any Order which we have accepted, except with our prior written consent, and provided:

8.1.1 you inspect the Products on delivery. Where the Products cannot be examined, the delivery note or such other note as appropriate must be marked as “not examined”.

8.1.2 you inform us that you wish to return the Products within 48 hours of delivery;

8.1.3 the Products remain in their original condition, as delivered, and are returned to us in their original, un-opened packaging, with proof of purchase;

8.1.4 the Products are returned at your risk and you agree to bear the cost of delivery to us; and

8.1.5 you indemnify us against any cost incurred by us where the Products have deteriorated due to incorrect storage or use while in your possession.

8.2 If, on receipt, we prove the Products to be damaged or defective, and you comply with clause 8.1 above, we may refund the cost of standard delivery at our discretion. We will not reimburse for next day, timed or premium delivery.

8.3 We may offer to replace the Products (or the defective part of them), or offer you a credit or refund at our discretion. This will only be issued to you once we receive the
original Products back.

8.4 If the Products are not returned in the original packaging, we reserve the right to reject the refund or will charge or deduct a fee from the refund or credit as applicable.

 

9. Cancellations by Us

9.1 We may cancel your Order at any time before we despatch the Products to you, if the Products are no longer in stock and we are unable to re-stock (if, for example, the
Products are discontinued); or if an event outside of our control occurs (please see clause 11).

9.2 If we cancel your Order, we will confirm this in writing and if you have already paid, we will refund the payment to you within 14 days using the same payment method
as was originally used.

9.3 If you are a business customer, we may cancel any Order, suspend further deliveries, terminate your account and/or charge you interest on the overdue amount at the
rate of 8% per annum above the Bank of England base rate, if you breach your Contract with us, or if you become insolvent, bankrupt or anything similar occurs. In this event, we will have the right to request immediate payment for any Products that have been delivered but not yet paid for, and we will be entitled to require you to deliver any Products to us in which we retain ownership and, if you fail to do so, to enter upon any premises of yours or any third party during normal working hours where the Products are stored and repossess them.

 

10. Our Liability

10.1 We will be responsible for any foreseeable loss or damage that you may suffer as a result of our breach of these Terms and Conditions or as a result of our negligence or breach of contract. Loss or damage is foreseeable if it is an obvious consequence of our breach or negligence or if it is contemplated by you and us when the Contract is
created. We will not be responsible for any loss or damage that is not foreseeable.

10.2 Under no circumstances will we be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity whatsoever.

10.3 Nothing in these Terms and Conditions seeks to exclude or limit our liability for death or personal injury caused by our negligence, or for fraud or fraudulent
misrepresentation.

10.4 Nothing in these Terms and Conditions seeks to exclude or limit any of your rights as a Consumer, where applicable. More information can be obtained from your local Citizens’ Advice Bureau or Trading Standards Office.

10.5 If you wish to complain about any aspect of your dealings with us, please contact us via email at [email protected] in the first instance so we can
investigate.

 

11. Events Outside of Our Control: We will not be liable for any failure or delay in performing our obligations where that failure or delay results from any cause that is
beyond our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storm, earthquake, acts of terrorism or war, pandemic, epidemic, governmental action, natural disaster, or any other event that is beyond our control.

 

12. Data Protection: All personal information that we may collect will be collected, used and held in accordance with the provisions of the Data Protection Act 2018, the UK GDPR and any changes to them. For further information, please refer to our Privacy Policy on our Website.

 

13. Other Important Terms 

13.1 We may transfer (assign) our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (if, for example, we sell our business). If this occurs, we will inform you in writing. Your rights under these Terms and Conditions will not be affected and our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.

13.2 You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without our express written
permission.

13.3 The Contract is between you and us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any
provision of these Terms and Conditions.

13.4 Any part of these Terms and Conditions found to be unlawful, invalid or otherwise unenforceable would be severed the Contract. The validity and enforceability of the remaining parts of the Contract would not be affected.

13.5 No failure or delay by us in exercising any of our rights under these Terms and Conditions means that we have waived that right, and no waiver by us of a breach of any provision of these Terms and Conditions means that we will waive any subsequent breach of the same or any other provision.

 

14. Governing Law and Jurisdiction: These Terms and Conditions and the Contract between you and us will be governed by, and construed in accordance with, the laws of England and Wales and any dispute will fall within the jurisdiction of the courts of England and Wales.

 

Terms and Conditions of Servicing and Repairs

These Terms and Conditions apply to all servicing and repair Services provided by us Altitude Safety Limited, a company registered in England &
Wales under number 6900530, whose registered address is at Citrus Group House, Diamond Way, Nene Park, Irthlingborough, Northamptonshire, NN9 5QF (“we/us/our”).

 

1. Definitions and Interpretation

1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings: “Consumer” is as defined in the Consumer Rights Act 2015; “Contract” means the contract formed between you and us, as explained in clause 2, which incorporates and is subject to these Terms and
Conditions; “Goods” means the equipment provided by you on which our Services are to be carried out; “Quotation” means the Quotation we will give to you in accordance with clause 2. Any Quotation is open for acceptance for a period of 30 days, unless otherwise specified, and sets out our entire scope of Services; “Services” means any servicing, repairs, installation or other Services to be provided by us as set out in the Quotation; “Website” means https://www.altitudesafety.co.uk/; and “You/your” means the customer entering into the Contract with us.

1.2 Each reference in these Terms and Conditions to “writing” and “written” includes electronic communications such as email.

 

2. The Contract

2.1 You can contact us via telephone, email or through our Website to obtain a Quotation for the Services you require.

2.2 A legally binding Contract will be formed as soon as you accept our Quotation, electronically or otherwise, or place an order with us. The Contract will include the acceptance of these Terms and Conditions, which will apply between you and us.

2.3 You are responsible for the accuracy of any information submitted to us and for ensuring that our Quotation reflects your requirements. Our Quotation is based on the information provided to us at the time we prepare it. If any errors or discrepancies become evident, we reserve the right to adjust it.

2.4 No terms or conditions stipulated or referred to by you in any form whatsoever will in any respect vary or add to these Terms and Conditions unless we agree otherwise in writing.

 

3. Price and Payment

3.1 We have included pricing on our Website for certain Services. However, such pricing is intended to represent an indication only. The actual pricing will be confirmed in the Quotation.

3.2 All prices shown are exclusive of VAT. If the rate of VAT changes between the date of your Order and the date of your payment, we will adjust the rate of VAT that you must pay. Changes in VAT will not affect any prices where we have already received payment in full from you.

3.3 We reserve the right to request a deposit or payment in full, up front, at the time the Contract is formed. We may also charge by way of staged payments as the Services progress. In all cases, we will notify you of the payment terms in the Quotation. We will be unable to commence the Services until any payments required in advance have been made.

3.4 If you have a credit account with us, all invoices are payable within 30 days from the date of invoice, unless otherwise agreed in writing, without set- off, withholding, retention or deduction.

3.5 If you do not have a credit account with us, we will issue you with a pro- forma invoice, which must be paid in full in advance.

3.6 Time for payment is of the essence of the Contract. If you fail to make any payment to us by the due date then, without prejudice to any other rights which we may have, we will have the right to suspend the Services, terminate the Contract, and/or charge interest from the due date until payment is made in full, both before and after judgment, at the rate of 8% per annum above the Bank of England base rate from time to time in force, in accordance with the Late Payment of Commercial Debts (Interest) Act 1998. We will also charge for any costs we incur in attempting to recover any outstanding debt.

3.7 Any variation to the Services must be agreed in writing before we can proceed. Any price variation will become due for payment in accordance with this clause 3.

 

4. The Services – General

4.1 We will ensure that our Services are carried out with reasonable care and skill in accordance with our accepted Quotation.

4.2 All Services will be carried out during our normal working hours (Monday – Thursday, 8am – 5pm, and Friday 8am – 4:30pm, excluding bank holidays in England). Services required outside of these times will be subject to availability and may incur additional costs.

4.3 Any programme dates we may agree are to be treated as an estimate only and unless we agree otherwise in writing, we will have no obligation to complete our Services by a specified date.

4.4 You warrant that you are the owner of the Goods, or you have obtained the consent of the owner of the Goods for Services to be carried out, and we reserve the right to ask for proof of this.

4.5 Where we are carrying out repair Services, we do not warrant that all problems can and will be corrected. Where appropriate, we will use our best and reasonable endeavours to repair any faults with the Goods you have advised us about, so long as the problems are replicable or otherwise identifiable by us.

4.6 If we need to order any parts to repair the Goods, and where such parts were not identifiable at the time of our Quotation, we will send you a revised Quotation. If you do not accept the new Quotation, the Contract will be cancelled and clause 8 will apply.

4.7 If we deem any Goods sent to us for servicing or repair to be beyond economical repair, then we will notify you of this and ask whether you wish for the Goods to be returned to you or scrapped, at your cost. Alternatively, you can collect the Goods from our premises, subject to clause 5. You will remain liable to pay us for the inspection fee. If you do not respond to our notification within 14 days, or if you do not arrange for the collection or delivery within 14 days, then we reserve the right to charge for storage, and the provisions of clause 5.4 will apply. Please note that we may be required to charge for an additional calibration if we are holding the Goods for an extended period of time under this clause 4.7.

4.8 Where we are carrying out installation Services, you are responsible for ensuring that:

4.8.1 we can access the property on the agreed dates and times. Unless we agree otherwise, our price is based on being able to complete our works in one continuous visit, or where we are carrying out the works in phases, each phased visit is to be continuous;

4.8.2 we have free access to electricity, water and welfare facilities;

4.8.3 if any consents, licences or other permissions are needed from any third parties such as landlords, planning authorities, local authorities or similar, these have been obtained before we begin the works. and if you fail to comply with any of your obligations, we reserve the right to charge for any costs we may incur, such as for delays or non-productive visits to the property.

 

5. Delivery and Collection

5.1 It is your responsibility to arrange for the transportation of the Goods to our Premises during our normal working hours as set out in clause 4.2. You must contact us if you wish to arrange for us to collect the Goods from your premises.

5.2 You must ensure the Goods are secure, properly packed and labelled in accordance with best practice and any applicable statutory requirements, are adequately insured (during transit and whilst at our premises) and are fit and safe to be transported.

5.3 If you require it, we will sign a consignment note acknowledging receipt of the Goods, but this will not be evidence of the condition of the Goods at the time of our receipt.

5.4 Once our Services are complete, we will contact you to arrange for the Goods to be returned to you. If you do not collect the Goods from us or arrange for their delivery within 14 days, or if they are held by us awaiting further instructions from you and such instructions are not received within 14 days, then the following will apply:
5.4.1 ownership (“title”) in the Goods will pass to us;
5.4.2 we may destroy or sell the Goods as if we were the absolute owner;
5.4.3 any proceeds of the sale of the Goods will be applied to any costs incurred by us in providing our Services to you, and any remaining proceeds will be paid to you (unless there is a shortfall, in which case we will charge for the shortfall).

5.5 If we are arranging for the return delivery to you, then this will be chargeable. If no-one is available to accept the delivery, the delivery company will leave a delivery note explaining how to rearrange delivery or where to collect the Products. The redelivery will also be chargeable. Delivery will be to the kerbside only. If there are likely to be any delivery restrictions to your chosen address, you must contact us in advance, as this may incur additional costs.

 

6. Cancellation for Consumers Only

6.1 If you are a Consumer in the United Kingdom, you have a statutory right to a “cooling off” period. This period begins once the Contract between you and us is formed and ends at the end of 14 calendar days after that date. If you wish to cancel the Contract within the cooling off period, you should inform us immediately by post or email. To meet the cancellation deadline, it is sufficient for you to send your cancellation notice before the cancellation period has expired. If you do so, we will refund any sums paid to us under the Contract within 14 days, using the same method you used to make payment, unless you request otherwise.

6.2 If you wish for our Services to start within the cooling off period, you must make an express request for us to do so. You acknowledge and agree that if you do so, you will lose your right to cancel if our Services are completed within the 14-day cooling off period. If we have begun providing our Services and/or purchased any parts or other materials to carry out the Services, you will be required to pay for any Services provided and parts or materials purchased up to the point at which you inform us of your wish to cancel.

6.3 After the expiry of the cooling off period above, if you wish to cancel the Contract, you will need to give us notice in writing. Any fees already paid will be non-refundable and you will remain liable to pay for any Services we have provided and any parts or other materials we have purchased up until the date of cancellation.

 

7. Cancellations for Business Customers Only
If you are not a Consumer, you may not cancel the Contract except with our prior written consent, and you will be liable to pay for any Services we have provided and any parts or other materials we have purchased up to the date of cancellation, together with reasonable cancellation charges including, but not limited to, administration costs, procurement costs and loss of profit, which will payable immediately. Any fees already paid will be non-refundable.

 

8. Cancellations By Us
We reserve the right to cancel the Contract at any time and will confirm this in writing. If we have started the Services, we will invoice you for any Services we have provided or for any parts or other materials we have purchased that you have not yet paid for. If we cancel before we have started providing the Services, we will refund any payments you may have made in advance.

 

9. Our Liability

9.1 We will be responsible for any foreseeable loss or damage that you may suffer as a result of our breach of these Terms and Conditions or as a result of our negligence or breach of contract. Loss or damage is foreseeable if it is an obvious consequence of our breach or negligence or if it is contemplated by you and us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.

9.2 Under no circumstances will we be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity whatsoever.

9.3 If you are not a Consumer, then in the event of any physical loss, mis- delivery of or damage to the Goods, where such physical loss, mis-delivery or damage is proved to be due to our negligence, then our sole liability, (subject to the rest of this clause 9) will be to provide you with an equivalent replacement for the Goods (or the monetary value for the same), based on the age, price, amount of use, wear and tear, any damage/fault, brand, and any other relevant factor in determining a suitable replacement.

9.4 Nothing in these Terms and Conditions seeks to exclude or limit our liability for death or personal injury caused by our negligence, or for fraud or fraudulent misrepresentation.

9.5 Nothing in these Terms and Conditions seeks to exclude or limit any of your rights as a Consumer, where applicable. More information can be obtained from your local Citizens’ Advice Bureau or Trading Standards Office.

9.6 If you wish to complain about any aspect of your dealings with us, please contact us in writing in the first instance so we can investigate.

 

10. Events Outside of Our Control: We will not be liable for any failure or delay in performing our obligations where that failure or delay results from any cause that is beyond our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storm, earthquake, acts of terrorism or war, pandemic, epidemic, governmental action, natural disaster, or any other event that is beyond our control.

 

11. Data Protection: All personal information that we may collect will be collected, used and held in accordance with the provisions of the Data Protection Act 2018, the UK GDPR and any changes to them. For further information, please refer to our Privacy Policy on our Website.

 

12. Other Important Terms

12.1 We may transfer (assign) our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (if, for example, we sell our business). If this occurs, we will inform you in writing. Your rights under these Terms and Conditions will not be affected and our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.

12.2 You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without our express written permission.

12.3 The Contract is between you and us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.

12.4 Any part of these Terms and Conditions found to be unlawful, invalid or otherwise unenforceable would be severed the Contract. The validity and enforceability of the remaining parts of the Contract would not be affected.

12.5 No failure or delay by us in exercising any of our rights under these Terms and Conditions means that we have waived that right, and no waiver by us of a breach of any provision of these Terms and Conditions means that we will waive any subsequent breach of the same or any other provision.

 

13. Governing Law and Jurisdiction: These Terms and Conditions and the Contract between you and us will be governed by, and construed in accordance with, the laws of England and Wales and any dispute will fall within the jurisdiction of the courts of England and Wales.