Test Drive Terms and Conditions
1.1 Unless specified the test drive term shall be for a minimum of a continuous 2-hour period in the presence of an Able Mobility Solutions Ltd representative.
1.1.1 Unless specified the extended test drive term shall be for a continuous 24-hour period.
1.2 Able Mobility Solutions Ltd shall not be bound by any anticipated test drive date.
1.3 Able Mobility Solutions Ltd reserves the right to change the test drive appointment without prior notice.
1.4 Any changes to the test drive appointment by the client or their representative must be requested in writing with a minimum of 24 hours notification.
2.1 The title to the wheelchair shall remain with Able Mobility Solutions Ltd at all times.
2.2 You shall not, without Able Mobility Solution’s prior written consent, offer to sell, assign, lease, mortgage, charge, encumber or part with possession or otherwise deal with the Vehicle nor create or allow any lien over the wheelchair.
2.3 Any breach of this clause shall entitle Able Mobility Solutions Ltd to bring your period of use to an end immediately and to recover the wheelchair with immediate effect.
4.1 Test drives are only available to persons with a physical disability that affects their mobility or to a person whom is arranging a test drive on behalf of a person who has a disability that affects their mobility.
4.2 Unless previously agreed in writing the test drives are limited to one wheelchair per person.
4.3 Able Mobility Solutions Ltd reserves the right to request additional details of the wheelchair users physical disability and how it affects their mobility.
5.1 Any loss or proven damage or injury to any vehicle or any person using it or to any person as a consequence of the wheelchair or its use, shall be at your risk.
5.2 Able Mobility Solutions Ltd must be informed immediately of any accident, theft or any damage whatsoever caused to the wheelchair or any part of it.
5.3 You shall not carry out any repair to the Vehicle or any part of it without Able Mobility Solution Ltd’s express prior written consent.
6.1 All wheelchairs are covered by our standard breakdown service, all faults must be immediately reported to Able Mobility Solutions Ltd by calling 0800 634 9143 and, where possible, you should stop using the wheelchair immediately.
6.2 In the event of continued use after a breakdown has occurred, any damage that is sustained as a result will be the responsibility of the named driver or their carer and any repair costs will be payable by the responsible party.
6.3 Any damage that is sustained in the event of improper use of the wheelchair, will be the responsibility of the named driver or their carer and any repair costs will be payable by the responsible party.
7.1 You shall, without limitation, pay promptly any fines (fixed or otherwise) or penalties in respect of driving or similar offences incurred in connection with the use of the wheelchair during your period of use.
7.2 In addition, you shall not do anything in respect of or in connection with the wheelchair which may contravene relevant road traffic acts or any other applicable legislation.
7.3 Failure to settle fines promptly (and within the period specified in the notice) will result in an additional administration charge of £25 (up to a maximum of £100 per fine) each time Able Mobility Solutions Ltd are required to contact you when you miss a deadline. You will be responsible for any increase in costs which arise out of any delays by you.
7.4 Please note that Able Mobility Solutions Ltd will comply with its legal duties including but not limited to Section 172 of the Road Traffic Act 1988 and shall provide information (including the supply of the Your name and address) in response to any request from police and other relevant authorities for the purposes of identifying the user of a wheelchair at a particular date and time in respect to any alleged speeding/parking fines; penalties and motoring offences.
8. Wheelchair use
8.1 The wheelchair is provided for demonstration and evaluation purposes only and should not be used for any other purpose.
8.2 The wheelchair must only be driven in mainland UK unless prior written approval has been given by Able Mobility Solutions Ltd.
8.3 You must, always ensure that the wheelchair is secure and kept safe when not in use.
9. Termination of the agreement
9.1 Able Mobility Solutions Ltd may terminate this Agreement immediately by notice to You if:
9.1.1 You do or omit to do something which, in Able Mobility Solution Ltd’s reasonable opinion, could bring Able Mobility Solution Ltd’s good name into disrepute or is detrimental to the image of Able Mobility Solution Ltd’s brand or reputation; or
9.1.2 You are in breach of any conditions of this Agreement.
9.2 Upon termination of this agreement, you shall promptly make available for collection by Able Mobility Solutions Ltd the wheelchair as Able Mobility Solutions Ltd may direct. The wheelchair must be in a clean and good state of repair. In the event of failure to make the wheelchair available for collection, you grant Able Mobility Solutions Ltd an irrevocable licence to enter upon your premises where the wheelchair is stored to repossess the wheelchair and you shall be liable for all proven claims or rights of action arising therefrom.
9.3 Termination for whatever reason is without prejudice to the rights duties and liabilities of either party accrued prior to termination. The provisions of these terms and conditions which expressly or by implication have effect after termination shall continue to be enforceable notwithstanding termination.
10.1 You accept that Able Mobility Solutions Ltd give no warranty of any nature relating to the wheelchair other than the standard manufacturer’s warranty applicable to the wheelchair. To the fullest extent permitted by law, Able Mobility Solutions Ltd exclude all warranties, conditions or other terms implied by statute or common law.
12. Force Majeure
12.1 Able Mobility Solutions Ltd shall be relieved of any liability arising out of any failure to fulfil an obligation under this Agreement the fulfilment of which is prevented as a consequence of an Act of God, war, fire, flood, explosion, civil riot, civil commotion, import or export regulations or embargoes, strikes, lock-outs or other industrial activities or trade disputes, acts of terrorism or governmental act or interruption in utilities or any other cause beyond the reasonable control of the party.
14.1 Neither of the parties shall be entitled to assign or otherwise dispose of this Agreement or any interest or benefit arising under this Agreement in any manner whatsoever whether in whole or part.
14.2 You agree not to use any of Able Mobility Solutions Ltd’s trade marks or logos, or any other intellectual property, without Able Mobility Solutions Ltd’s prior written consent.
14.3 You agree that You shall not place any signage or advertising on, or mark in any way, the Vehicle.
14.4 This Agreement does not constitute, establish or imply any partnership, joint venture, agency, employment or fiduciary relationship between the parties. Neither party shall have, nor represent that it has, any authority to make or enter into any commitments on the other’s behalf or otherwise bind the other in any way (including the making of any representation or warranty, the assumption of any obligation or liability or the exercise of any right or power).
14.5 Each party shall comply with applicable laws (including but not limited to those relating to data protection) and shall ensure it has in place adequate procedures to prevent bribery.
14.6 If any of these clauses should be determined to be illegal, invalid or otherwise unenforceable then it shall be severed and deleted from these terms and conditions and the remaining clauses shall survive and remain in full force and effect.
14.7 Able Mobility Solutions Ltd reserves the right to amend these terms and conditions at any time without notice.
15. Governing Law
15.1 The construction, validity and performance of this agreement shall be governed in all respects by English Law and the parties irrevocably agree that the Courts of England and Wales shall have exclusive jurisdiction in any proceedings which may arise out of or in connection with this Agreement.
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