Terms and Conditions

Terms and Conditions of Business

1. Wing UK, is a division of Ultimate Care Group Limited (the “Company”) accepts products (the “Products”) for repair and servicing (the “Services”), subject to these Terms of Business (the “Terms”).

2. These Terms and the service certificate or repair order or fitting/installation order form (the “Order Form”) constitute the entire contract (the “Contract”) between the Company and the customer (the “Customer”).

3. No terms or conditions which the Customer purports to incorporate into the Contract shall have any effect unless expressly accepted in writing by the Company.  

4. The Customer acknowledges that it has not relied on any statement, promise or representation made or given by the Company which is not expressly set out in these Terms or the Order Form.  Nothing in this Clause 4 shall exclude or limit the Company’s liability for fraud or fraudulent misrepresentation.

5. The Customer is deemed to have accepted these Terms if it, or its authorised representative, gives instructions or places an order by any means for the Services and a Contract will only be formed upon acceptance by the Company of such order.  

6. No variation to these Terms shall be valid unless confirmed in writing and signed by an authorised representative of the Company.

7. A costs estimate given for the Services is an approximation of the likely cost of such Services and is valid for 14 days, provided that the Company has not previously withdrawn it.  Prices of spare parts (the “Parts”) and Services are those current at the time of the estimate and the Company reserves the right to increase the Contract price should additional repairs be found to be necessary on dismantling the Product, or if the price to the Company of providing the Services or Parts increases in the period between preparing the estimate and completing the Services.  If, during the performance of the Services, the Company becomes aware that the estimate may be exceeded, the Company will obtain permission from the Customer to continue with the provision of the Services.  A charge may be made for providing an estimate.  A storage charge may be made for Products left on the Company’s premises.  

8. If, for any reason other than the Company’s breach of Contract or the occurrence of an event outside the Company’s control, the Services are not carried out in full, the Company may charge a reasonable amount for the Services then completed and for the cost of any Parts already supplied and fitted.

9. A Contract may be cancelled by a Customer acting in the course of its business (“Business Customer”) only with the agreement of the Company.  The Business Customer will pay the Company for all costs, charges or expenses incurred by the Company up to and as a result of the cancellation.

10. For Customer who is not acting in the course of its business (a “Consumer”), he or she will have the following cancellation rights:

10.1 a Consumer may cancel a Contract for any reason and at any time within a period (“Cancellation Period”) of 7 working days, following the date on which the Contract was formed;

10.2 a Consumer must give notice of cancellation to the Company using any of the following means of communication:

10.2.1 by post to or by hand at Wing UK, Unit 3 Shortwood Business Park, Shortwood Court, Barnsley S74 9NW;
10.2.2 by fax to 01226 352041;
10.2.3 by e-mail to servicecentre@winguk.com; or
10.2.4 by telephone on 0800 328 2788;

10.3 a notice of cancellation takes effect when made or sent by the Consumer;

10.4 if the Consumer agrees that the Company may start the performance of the Services before the expiry of the Cancellation Period, the Consumer shall lose all of his or her cancellations rights; and

10.5 if a Consumer exercises his or her cancellation rights pursuant to this Clause 10, he or she will receive a full refund of all monies which may have been paid to the Company up to the date of cancellation.

11. Unless otherwise expressly agreed between the Customer and the Company, time is not of the essence of the Contract, nevertheless the Company will use its reasonable endeavours to complete the Services by the date requested.

12. Subject to Clause 10.5, Parts and other goods supplied must be paid for in full prior to the commencement of the Services.

13. All monies due relating to the Services supplied must be paid when the Company notifies the Customer that the Services are complete.  

14. If a Product is not accepted back by a Customer (after the completion of the Services) or the Customer is unable to pay all monies due immediately after notification of the Services being completed then the Company may make additional charges for storage to cover its costs and other charges.  If the Customer fails to pay for and/or collect its Products within 90 days after completion of the Services, the Company shall be entitled to sell the Customer’s Product upon such terms and conditions as the Company deems appropriate.  The Company will notify the Customer at the invoice address of its intention to sell the Product.  Following such sale the Company shall be entitled to deduct all unpaid monies due (including any further costs incurred) from the sale proceeds and shall then forward the balance, by cheque, to the Customer at the invoice address.

15. The Company reserves the right to make a handling charge for Parts returned which have been correctly supplied in accordance with the original order information supplied by the Customer.  “Special Orders” are Parts not normally stocked by the Company.  Subject to a Consumer’s cancellation rights under Clause 10, Special Orders cannot be returned for a refund if correctly supplied in accordance with the Order Form.  The Company reserves the right to ask for payment in advance for all Special Orders.

16. The Company retains a lien over the Parts and any Special Orders supplied and the Customer’s Product until all monies have been paid in full and in cleared funds.  If the Customer fails to pay for the cost of Services, Parts, Special Orders tow, and storage within 90 days after completion of the Services, the Company shall, if necessary, be entitled to put the Product into a saleable state and exercise its rights under Clause 14 above.

17. All Parts replaced during the performance of the Services, except those that have to be returned to manufacturers or suppliers under warranty or exchange arrangements become the property of the Company, unless the Customer requests their return prior to commencement of the Services.

18. All written notices given by the Company to the Customer shall take effect 24 hours after being dispatched by the Company using first class prepaid post to the invoice address shown overleaf.

19. The Company shall take reasonable care of the Product while the Product remains in its possession.  The Company is only responsible for loss of or damage to a Product caused by the Company’s negligence.  The Company will determine whether to repair or replace the damaged Product or alternatively offer compensation for any damage caused.  The Company advises the Customer to remove all items of value which may be attached to the Product and removable accessories prior to the commencement of the Services.

20 The Company shall not be liable for:

20.1 any loss or damage occasioned by release of the Product to any person(s) who settles the account outstanding for the Services, Parts, Special Orders, tow, or storage provided that such person(s) shall have held themselves out as duly authorised by the Customer to have possession of the Product;
20.2 any loss of or damage to personal property, the property of third parties and any removable accessories left in or on the Product;
20.3 any delay resulting from any cause beyond the Company’s control (including the non-delivery or late availability of Parts or Special Orders); or  
20.4 additional costs and/or inconvenience resulting from any such delays.

21. The Company warrants the following:

21.1 In respect of all Parts fitted to the Product, the Company warrants that such Parts shall be free of defects for a period in line with that offered by the Manufacturer of the Parts, from the date of completion of the Services (“Warranty Period”).  The Company warrants that it will (at the Company’s option) either repair or replace, or refund the full purchase price of any Parts which are found to be defective within the Warranty Period by the Company.  

21.2 In respect of Services, if the Company accepts within the Warranty Period that it has failed to execute the Services in accordance with the Contract, the Company may, at its option, re-perform the Services or repay the Customer the charge for the Services.

21.3 In respect of workmanship required to carry out the Services, the Company warrants such workmanship for a period of 30 days, from the date of the completion of the Services. The Company warrants that it will (at the Company’s option) either re-perform or refund the full purchase price of the Services excluding any parts or accessories fitted.

22. All warranties, conditions and other terms implied by statute or common law are to the fullest extent permitted by law, excluded from the Contract.

23. Nothing in these Terms excludes or limits the liability of the Company for death or personal injury caused by the Company’s negligence or for fraud or fraudulent misrepresentation.

24. Subject to Clauses 22 and 23:

24.1 the Company shall not in any circumstances be liable for loss of profit, loss of business, loss of use or for any indirect or consequential losses; and

24.2 the Company’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract shall be limited to the total price paid by the Customer to the Company under the Contract.

25. Any warranty claim by the Customer shall be notified to the Company within 14 days of the discovery of the defect or failure, failing which the Customer will not be entitled to reject the Parts or Services. A claim under this warranty shall not entitle the Customer to cancel or refuse payment.

26. This warranty shall not apply where the Product has been misused in any way or damaged by fair wear and tear, neglect, rust or improper use or failure to maintain in accordance with the manufacturer’s recommendations.

27. If any provision of these Terms is held to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction, such provision shall be severed and the remainder of the provisions of these Terms shall continue in full force and effect as if the Contract had been entered into with the invalid, illegal or unenforceable provision deleted.

28. A person who is not party to this Contract shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Contract.  This Clause does not affect any right or remedy of any person which exists or is available otherwise than pursuant to that Act.

29. The Contract shall be governed by and construed in all respects in accordance with English law and the parties hereby submit to the exclusive jurisdiction of the English courts.