1.1 “Warranty Holder” means the organisation or person who owns the vehicle which is identified by the Vehicle serial number;
1.2 “Warranty term” means the period of time that the warranty is valid for;
1.3 “Vehicle serial number” means the unique identification number of the vehicle;
1.4 “Vehicle make” means the make of the vehicle;
1.5 “Vehicle model” means name that identifies the specific model type of the vehicle;
1.6 “Vehicle colour” means the colour of the vehicle plastics;
1.7 “Vehicle Registration number” means the registration number supplied by the DVLA which is associated with the vehicle.
1.8 “Commencement date” means the start date of the warranty period;
1.9 “Termination date” means the end date of the warranty period;
1.10 “Warranty term” means the length of the warranty period for the vehicle which is identified by the Vehicle serial number;
1.11 “Warranty type” means any kind of submission to the Buyer of the costs due, whether in part or full, associated with Works to Vehicles;
1.12 ““Warranty term (batteries)” means the length of the warranty period for the batteries fitted to the vehicle which is identified by the Vehicle serial number;
1.13 “Warranty term (frame)” means the length of the warranty period for the structural frame fitted to the vehicle which is identified by the Vehicle serial number.
2.1 This warranty is only active for the term stated in the “Warranty term” section of this agreement.
2.2 The Vehicle means the product with the specific identification number stated within the “Vehicle serial number” section of this agreement and only if this serial number corresponds with the “Vehicle make”, “Vehicle model” and “Vehicle colour” stated within this document.
2.3 Should a fault occur; it is the responsibility of the “Warranty holder” to;
2.3.1 Submit a claim to report the fault to Able Mobility Solutions Ltd in writing within 24 hours of the fault occurring, this report should include details of when and how the fault occurred.
2.3.2 If at all practical, the “Warranty holder” should not use the Vehicle whilst the fault or damage is present.
2.3.3 The Warranty holder should make the Vehicle available for collection, or deliver the vehicle to Able Mobility Solution Ltd’s workshop for investigation and repair
2.3.4 The Warranty holder should not attempt to make any repairs, or instruct any third parties to make repairs, to the vehicle without prior written consent from Able Mobility Solutions Ltd.
2.4 Able Mobility Solutions Ltd shall not be bound by any anticipated repair schedules.
2.5 Should a fault occur; it is the responsibility of Able Mobility Solutions Ltd to;
2.5.1 Either make it possible for the Vehicle to be dropped off and collected by the Warranty holder, or their representative, or collect the vehicle from, and return the vehicle to, the Mainland UK address that is stated on this document.
2.5.2 Investigate the fault within a reasonable timeframe and report the findings to the Warranty holder.
2.5.3 Carry out any repairs as quickly as possible.
2.6 Able Mobility Solutions Ltd shall not be unreasonably expected to cover the cost of collection or return of the Vehicle unless it has been agreed in advance in writing.
2.7 If the warranty term is extended beyond the “Warranty term” the extension must be agreed to in writing by Able Mobility Solutions Ltd, in advance of the “Termination date” of this warranty, this extended period will be known as “Extended warranty period” which is billable at a different rate this warranty.
3.1 The warranty type shall be indicated in the “Warranty type” section of this agreement.
3.2 The warranty types are indicated as follows;
3.2.1 Parts & Labour – This means that, in the event of a successful warranty claim being submitted, the cost of parts and labour are paid for by Able Mobility Solutions Ltd in the event of a successful warranty claim.
3.2.2 Parts – This means that, in the event of a successful warranty claim being submitted, the cost of parts are paid for by Able Mobility Solutions Ltd in the event of a successful warranty claim, any labour for investigations or repair is payable by the “Warranty holder”.
3.2.3 Manufacturers – This means that, in the event of a successful warranty claim being submitted, the cost of parts is paid for by the manufacturer of the vehicle and the labour for investigations or repair is payable by Able Mobility Solutions Ltd.
3.3 A warranty claim being submitted does not mean that the repair(s) will be carried out free of charge, any warranty claim must be investigated before a repair can be authorised, if the claim is unsuccessful the Warranty holder will be informed of the decision in writing and the cost of the repairs will be included with the document.
3.4 Should a warranty claim be unsuccessful, the Warranty holder must not continue using the Vehicle without the fault or damage being repaired and must not instruct another party to carry out repairs, unless it has been agreed to in writing by Able Mobility Solutions Ltd.
4.1 Vehicles covered by this warranty have repairs of the following items covered for the period stated in the “Warranty term” of this agreement, if the damage or faults occur as a result of normal wear and tear;
4.1.1 Batteries (12-month only), Motor(s), Transaxle(s)/Gearbox(es), Wiring, Lights, Seating, frame (structure), Power Modules, Slave Modules, Actuators, Seating (Structural), Footrest(s), Seat riser (Structural), Wheels (structural), Additional extra’s fitted by Able Mobility Solutions Ltd.
4.2 Vehicles covered by this warranty do not have the following items covered for the period stated in the “Warranty term” of this agreement
4.2.1 Potentiometers, Tyres, Inner tubes, Armrest pads, Key switches, Switches, Battery gauges, frame (paint/coatings), Footrest, Seat riser (paint/coatings), Seating (paint/coatings), Seat cushions, headrest, battery box, custom paint finishes,wheels (paint/coatings).
4.3 Items that have been affected by abnormal wear and tear, or accident damage, will not be covered by this warranty.
5.1 All vehicles 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 vehicle immediately.
5.2 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 “Warranty holder” or their carer and any repair costs will be payable by the responsible party.
5.3 Any damage that is sustained in the event of improper use of the vehicle, will not be covered by this agreement but will be the responsibility of the “Warranty holder” or their carer and any repair costs will be payable by the responsible party.
6.1 Able Mobility Solutions Ltd may terminate this Agreement immediately by notice to You if:
6.1.1 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
6.1.2 You are in breach of any conditions of this Agreement.
6.1.3 You fail to have the vehicle serviced by Able Mobility Solutions Ltd on or around the periodic service date.
6.1.4 You have the vehicle serviced, or repaired, by a third party without prior approval from Able Mobility Solutions Ltd in writing.
6.2 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.
7.1 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.
8.1 This Agreement constitutes the entire understanding and agreement between the parties regarding the subject matter hereof.
9.1 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.
9.2 You agree not to use any of Able Mobility Solutions Ltd’s trademarks or logos, or any other intellectual property, without Able Mobility Solutions Ltd’s prior written consent.
9.4 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).
9.5 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.
9.6 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.
9.7 Able Mobility Solutions Ltd reserves the right to amend these terms and conditions at any time without notice.
9.8 This agreement is for the warranty associated with the specified vehicle, it does not replace or supersede any other contract, or agreement in relation to the sale, repair, or adaptation of the specified vehicle.
10.1 No variation or modification of this Agreement shall be in any way effective.
11.1 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.
