Terms & Conditions

1.   Definitions 

‘The Firm’ means Humberside Tail Lifts.  ‘The Customer’ means the Person, Company or Organisation whose order for goods and/or services referred to in a quotation or document issued by the Firm is accepted by the Customer.

‘The Goods’ means the products contracted to be sold by the Firm, to the Customer pursuant to the Customer’s order.

‘The Delivery Point’ means the place specified by the Customer for delivery of goods.

References to Statutes or Statutory Provisions shall include those Statutes or Statutory Provisions as from time to time amended, re-enacted or replaced.

2.   General

2.1.      All estimates are given and orders accepted and the Goods delivered by the Firm subject to and upon the following Terms and Conditions of Sale to which no addition or variation shall apply unless specifically agreed in writing by an authorised representative of the Firm. 

IN THE ABSENCE OF SUCH AGREEMENT THE CUSTOMER SHALL UPON DELIVERY OF THE GOODS, OR (WHERE DELIVERY IS BY INSTALLMENT) THE FIRST ITEM THEREFOR, DEEMED TO HAVE GIVEN FINAL AND ABSOLUTE ACKNOWLEDGEMENT OF ITS ACCEPTANCE OF THESE TERMS AND CONDITIONS IN THE FORM HERIN SET OUT.

2.2.      No other terms and conditions shall apply notwithstanding any provisions to the contrary which may appear on the Order Form or Purchase Order or any other document issued by the Customer whether or not the same shall be signed by or on behalf of the Firm and whether issued before or subsequent to the acceptance by the Firm or the Customer’s order.

2.3.      Acknowledgement of receipt of a Customers enquiry or order or other communication to the Firm in connection therewith shall not constitute acceptance of the order for Contractual purposes.

2.4.      The delivery of the Goods (or parts thereof) or the sending by the Firm to the Customer of the written acceptance issued upon the Firms form of acceptance (whichever shall be the earlier) shall alone constitute the Firm’s acceptance of the Customer’s order.

3.   Prices

3.1.      Prices quoted are those ruling at the date of issue by the Firm of its quotation and are (unless otherwise stated) inclusive of all the packaging and insurance costs, but not the transportation costs which shall for the account of the Customer, will remain valid for a period of 30 days only, from the date of the quotation or offer, unless otherwise expressly agreed by us in writing.

3.2.      Prices are (unless otherwise stated) quoted net of all taxes, imposts and levies which are or may from time to time be levied by any Governmental statutory or local authority upon the sale of the Goods, and such additions (if any) shall be charged at the rates prevailing at the date of the invoice as the case may be.

3.3.      In the event of the Firm incurring any increase in packaging, insurance, transportation, manufacturing or material costs after the submission of its quotation it shall be entitled upon giving written notification to the Customer to increase its prices and such increased prices shall thereupon become payable by the Customer in respect of any goods already ordered by the Customer.

4.   Cancellation

We cannot accept cancellation of orders for goods made especially to the Customers requirements without compensation for losses arising from such cancellation.

5.   Payment Terms

5.1.      Upon receipt of order, unless credit terms have been agreed in writing in which case within 30 days of the date of the invoice.

5.2.      The Firm reserves the right to charge interest upon any sums due to the Firm and unpaid, such interest to be calculated at the rate of 4% per annum above The Royal Bank of Scotland base rate from time to time ruling from the due date to be the date of settlement.

5.3.      No forbearance or indulgence by the Firm shown or granted to the Customer shall in any way affect or prejudice the rights of the Firm to be taken as waiver of the terms of this or any other clause herein.

6.   Title

6.1.      Until such time as the price of the Goods has been paid to the Firm in full title to the Goods will remain vested in the Firm.  The Firm may without notice of Liability and without prejudice to any other legal remedy repossess any unpaid for Goods.

6.2.      Until such time as the title to the Goods shall pass to the Customer it shall hold them as bailee for the Firm, storing them separately from other goods in the keeping of the Customer and identified as belonging to the Firm.  If so requested the Customer shall return the goods to the Firm.

7.   Delivery

7.1.      The Firm will use its best endeavours to comply with despatch, collection and delivery dates, but such dates are estimates only and are not guaranteed, neither shall they under any circumstances be deemed to be a term or condition of the contract for sale.

7.2.      The Firm shall accept no liability of whatsoever nature for failure to meet such dates, and such failure shall not entitle the Customer to repudiate or cancel the Contract unless such failure shall have been caused by the wilful default or neglect of the Firm.

7.3.      The risk in the Goods shall pass to the customer on delivery.

8.   Loss/Damage in Transit

The Customer must inspect delivered goods prior to accepting and signing for, to ensure:
a. that they are signing for the same amount of items that they are receiving,
b. packaging needs to be opened and items checked for damage.  If the courier driver won't wait for this the delivery must be signed for as "damaged".
The Firm shall accept no liability whatsoever for loss or damage to the Goods in transit prior to delivery unless:
a. goods have been signed for as damaged and / or,
b. we have been notified verbally or in writing of any missing or damaged goods within 4 working hours of receipt.
And the Firms liability shall in any event be limited to a sum equivalent to the invoice price of the lost or damaged Goods.

9.   Force Majeure

In the even that the Firm shall be delayed in or prevented from carrying out all or any of its obligations under a Contract for Sale of Goods as a result of any cause beyond its control including (but not by way of limitation) war, invasion, hostilities, civil war, civil strife or commotion, strikes, lock-outs or other industrial disputes, breakdown of plant, failure of third parties to deliver Goods or materials, storm, flood, fire or any other cause, it shall be relieved of all obligations and liabilities incurred under such contract insofar as and for so long as the fulfilment of such obligations and liabilities is thereby prevented, frustrated or impeded.

10.   Default or Insolvency of Customer

If the Customer defaults in any way in its commitments with the Firm or suffers any distress or execution upon its property or assets or makes or offers to make any arrangement or composition with its creditors or commits an act of bankruptcy or has a Receiver appointed over all or a substantial part of its assets or a resolution passed or petition filed for winding up then the Firm shall have the right (without prejudice to any other remedies) to cancel any uncompleted order or to withhold or suspend delivery of the goods.

In the event of an order being cancelled by the Firm in the above circumstances or being cancelled by the Customer the Customer shall indemnify the Firm against all loss (including labour, materials and overheads) and all other expenses and damages incurred by the Firm in connection with the order and its cancellation (the Firm giving credit for the value of any materials sold or utilised for other purposes).

The General Data Protection Regulation (or GDPR for short) is a positive step towards people having more control over how their data is used. On May 25th 2018 this new legislation comes into force and we have changed a number of processes and policies to prepare our business. We are committed to protecting and respecting any personal information you share with us.

This statement describes what types of information we collect from you, how it is used by us, how we share it with others, how you can manage the information we hold and how you can contact us.

We will always give you the option not to receive marketing communications from us. We will never send you unsolicited ‘junk’ email or communications, or share your data with anyone else who might. We do not sell your information to third parties, but we do work closely with selected partners who help us to provide you with the information, products and services that you request from us. For example, our manufacture parent who provide documentation relating your vehicle.

The contents of this statement may change from time to time so you may wish to check this page occasionally to ensure you are still happy to share your information with us. Where possible, we will also contact you directly to notify you of these changes.

What information do we collect?

We collect information about you and your vehicle when you engage with our website, applications or manufacture partners who ask us to contact you when you make a request. We only collect information which is necessary, relevant and adequate for the purpose you are providing it for.

The information we collect includes some or all of the following:

1. Name (including title);
2. Address;
3. Phone number;
4. Date of birth;
5. Email address;
6. Vehicle information (including registration number, VIN, service reminders, mileage and warranty repair information);
7. The date and time you used our services;
8. The pages you visited on our website and how long you visited us for;
9. Your IP address;
10. Your GPS location (where you have permitted access to this);
11. The internet browser and devices you are using;
12. Cookie, Pixels or Beacon information
13. The website address from which you accessed our website;
14. Details of any transactions between you and us;
15. Where you engage with us in a business context, we may collect your job title, company contact details (including email addresses), fleet size and company details;
16. Voice recordings of calls you make to our customer service centre;
17. “Live chat” records; and
18. Any information within correspondence you send to us.

How do we use this information?

We will only process information that is necessary for the purpose for which it has been collected. You will always have the option not to receive marketing communications from us (and you can withdraw your consent or object at any time). We will never send you unsolicited ‘junk’ email or communications, or share your personal information with anyone else who might.

There are various ways in which we may use or process your personal information. We list these below:

Consent:

Where you have provided your consent, we may use and process your information to:

Contractual performance

We may use and process your personal information where this is necessary to perform a contract with you and to fulfil and complete your orders, purchases and other transactions entered into with us.

Legal Obligation

We may process your personal information to comply with our legal requirements (for example to register your car with the DVLA).

Vital Interest

Sometimes we will need to process your personal information to contact you if there is an urgent safety or product recall notice and we need to tell you about it.

How do we share this information?

We do not sell your information to third parties. However, we may from time to time disclose your information to the following categories of companies or organisations to which we pass the responsibility to handle services on our behalf: roadside assistance service providers, customer contact centres, mobility and car hire providers, direct marketing communications agencies and consultants, market research and market analytics service providers, our legal and other professional advisors.

We take steps to ensure that any third party partners who handle your information comply with data protection legislation and protect your information just as we do. We only disclose personal information that is necessary for them to provide the service that they are undertaking on our behalf. We will aim to anonymise your information or use aggregated none specific data sets where ever possible.

How long do we keep your information for?

We will not hold your personal information in an identifiable format for any longer than is necessary. If you are a customer or otherwise have a relationship with us we will hold personal information about you for a longer period than if we have obtained your details in connection with a prospective relationship.

We do not retain personal information in an identifiable format for longer than is necessary.

If we have a relationship with you (e.g. you are a customer or the registered driver of a leased or other vehicle purchased from us), we hold your personal information for 6 years from the date our relationship ends. We hold your personal information for this period to establish, bring or defend legal claims. Our relationship may end for a number of reasons including where the vehicle warranty or lease expires, or we have been made aware that you no longer own or drive that vehicle.

Where we have obtained your personal information following a request for information, test drive, brochure, quotation or any other information on any of our products or services, we hold your personal information for 1 year and 6 months from the date we collect that information, unless during that period we form a relationship with you e.g. you purchase or lease a vehicle. We will continue to process your data in line with your initial enquiry for 6 months to allow us an opportunity to form a relationship with you. After this your data will remain dormant for 1 year before being removed, unless a relationship is formed within this time.

The only exceptions to the periods mentioned above are where:

• the law requires us to hold your personal information for a longer period, or delete it sooner;
• Where you have raised a complaint or concern regarding a product or service offered by us, in which case we will retain your information for a period of 6 years following the date of that complaint or query; or
• you exercise your right to have the information erased (where it applies) and we do not need to hold it in connection with any of the reasons permitted or required under the law

How can I manage the information we hold about you

You have the right as an individual to access your personal information we hold about you and make corrections if necessary. You also have the right to withdraw any consent you have previously given us and ask us to erase information we hold about you. You can also object to us using your personal information (where we rely on our business interests to process and use your personal information).

You have a number of rights in relation to your personal information under data protection law. In relation to most rights, we will ask you for information to confirm your identity and, where applicable, to help us search for your personal information. Except in rare cases, we will respond to you within 30 days after we have received any request.

You have the right to:

1. Ask for a copy of the information that we hold about you;
2. Correct and update your information;
3. Withdraw your consent (where we rely on it). Please see further How do we use this information;
4. Object to our use of your information (where we rely on our legitimate interests to use your personal information) provided we do not have any continuing lawful reason to continue to use and process the information. When we do rely on our legitimate interests to use your personal information for direct marketing, we will always comply with your right to object;
5. Erase your information (or restrict the use of it), provided we do not have any continuing lawful reason to continue to use and process that information;
6. Transfer your information in a structured data file (in a commonly used and machine readable format), where we rely on your consent to use and process your personal information or need to process it in connection with your contract.

In the case of a subject access request or a request for information, please be aware that if your request is unfounded or excessive, we may still charge a fee or refuse to act on the request.

Please also be aware that when we remove your data from our system, either after the periods of time mentioned previously in this document or at your own request, your data is permanently removed from our system and may affect any future subject access requests that you make.

You can exercise the above rights and/or manage your information by contacting us using the details below:

Post: Imperial UK - Registered Office: Imperial House, 14/15 High Street, High Wycombe, HP11 2BE, UK.

Email: data@imperialuk.co.uk

If you have any specific data protection concerns or a complaint, you can address it to our Data Protection Team at data@imperialuk.co.uk

If you are unhappy, you have the right to lodge a complaint with Information Commissioner’s Office, the data protection regulator in the UK, details below:

Post: Information Commissioner's Office Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF

Call: 0303 123 1113